Kolkata Court May 2005 Judgments
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Winifred Wilson Mongose Vs. Yusuf Yacoob Kharwa
Court: Kolkata
Decided on: May-18-2005
Reported in: 2006(1)CHN51
Jyotosh Banerjee, J.1. These are two appeals from the appellate decree and these are directed against the judgment dated 22.9.2000 and the decree thereof passed by the Assistant District Judge, Sealdah in T. A. Nos. 4 and 23 both of 1997.2. There were two suits, first being T. S. 670 of 1992 which was filed the respondent Yusuf Yacoob Kharwa against the appellant Mrs. Winifred Wilson Mongose for declaration and recovery of possession and mesne profits. The other suit being T. S.705 of 1993 was filed by the aforesaid appellant against the aforesaid respondent for declaration and injunction. In the earlier suit No. 670/92, the case of the plaintiff is that plaintiff is the mutwalli to the Wakf estate of Hanogs Yusoof Sakhjee Wakf-Al-Anlad comprising of premises No. 31A, Circus Avenue within P. S. Beniapukur commonly known as Taj Mansion. One Mrs. Bessie Evelyn Hutt, since deceased, mother of the defendant was originally a tenant in respect of flat No. 2 on the first floor, Western Block,...
Arjun Singh Vs. State of West Bengal
Court: Kolkata
Decided on: May-18-2005
Reported in: (2006)3CALLT121(HC),2006(1)CHN600
Amit Talukdar, J.1. Even in her wildest dream perhaps she could not have imagined that her (P.W.15) little son who went to sleep with her in the house of P.W.3 where she took shelter for the night along with her father (since deceased) and others as reconciliatory steps to rehabilitate her in her husband's (appellant) house proved abortive, as she had a jinxed matrimony, on the night of incident would be snatched from her side at midnight by 4/5 miscreants (read the accused) and his body would be found floating by P.W.5 in the well of P.W.2 on the next morning.2. This formed the subject-matter in the trial which saw the conviction of the appellant therein and hence this appeal at his behest who feels that he does not deserve the fate suffered by him in the trial.3. We have now to see whether his fate remains sealed.4. Pursuant to a chargesheet submitted by P.W.9. Sakti Sankar Singha against the appellant and four others (since acquitted) they were arrayed in Sessions Trial No. 2 of 199...
Chandi Pada Batabyal and ors. Vs. Satyabala Dey and ors.
Court: Kolkata
Decided on: May-17-2005
Reported in: 2006(1)CHN1
Subhro Kamal Mukherjee, J.1. This is an application under Article 227 of the Constitution of India against the judgment and order dated February 6, 2004 passed by the learned Additional District Judge, Third Court at Midnapore, District: Paschim Midnapore in Civil Revision Case No. 26 of 1997 reversing order No. 182 dated February 7, 1997 passed by the learned Civil Judge (Junior Division), Third Court at Midnapore, District: Paschim Midnapore in Judicial Misc.Case No. 6 of 1994.2. The petitioners arc the decree holders. The decree holders instituted Title Suit No. 39 of 1972 in the Court of learned Munsif, Third Court at Midnapore, inter alia, for declaration of their title and for permanent injunction. By the judgment and decree dated April 25, 1977, the learned Trial Judge decreed the said suit. Being aggrieved by and dissatisfied with, the said judgment and decree dated April 25, 1977, the defendants judgment-debtors preferred Title Appeal No. 137 of 1977 in the Court of learned Di...
Kaljani Group Samity and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-17-2005
Reported in: 2006(3)CHN475
Jyotirmay Bhattacharya, J.1. The petitioner No. 1 participated in the auction for settlement of the ferry-ghats known as Arampur Ghat and Sishabtali Ghat for the period of one year commencing from 1st Baishak, 1411 B.S. ending with the last day of Chaitra, 1411 B.S. The petitioner No. 1 was found to be the highest bidder in the said auction. Accordingly, a lease was granted by the concerned Panchayat Samiti settling the said two ferry-ghats with the petitioner No. 1 for a period of one year commencing from 1st Baishak, 1411 B.S. ending with the last day of Chaitra, 1411 B.S. for a consideration of Rs. 4,75,100/-.2. The petitioners claim that the petitioners invested a lot of money amounting Rs. 7,00,000/- for the said business.3. The petitioners further claim that though the lease commenced on 1st Baishak, 1411 B.S. but the possession of the said ferry-ghats could not be delivered to the petitioners on the date of commencement of the lease because of the pendency of a writ petition bei...
Ganesh Chandra Prodhan and ors. Vs. Maya Sinha and ors.
Court: Kolkata
Decided on: May-16-2005
Reported in: 2005(3)CHN128
Bhaskar Bhattacharya, J.1. This first miscellaneous appeal is at the instance of some of the respondents in proceedings for revocation of probate and is directed against Order No. 10 dated August 6, 2004 passed by the Additional District Judge, 1st Court, Alipore in Revocation Case No. 25 of 2004 thereby allowing an application for temporary injunction filed by the respondent Nos. 1 to 3 in part and restraining the present appellants from inducting anybody in the property covered by the Will till the disposal of revocation proceedings.2. There is no dispute that one Gour Chandra Prodhan, the father of the parties was the original owner of the property. It appears from record that on the death of the said Gour Chandra Prodhan, the present appellant Nos. 1 and 2 applied for grant of probate of the alleged last Will and testament executed by the said Gour Chandra Prodhan and the Probate Court granted probate with the consent of all the heirs of the deceased testator including that of the ...
Anjali Ghosh Vs. Subodh Kumar Ghosh
Court: Kolkata
Decided on: May-16-2005
Reported in: 2005(3)CHN274
Bhaskar Bhattacharya, J. 1. This appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated 31st July, 1998 passed by the Additional District Judge, 8th Court, Alipore in Matrimonial Suit No. 61 of 1993 thereby granting a decree for divorce in favour of the husband on the ground of cruelty.2. The aforesaid suit was filed by the husband alleging cruelty on the part of the present appellant and the case made out by the husband may be summed up thus:(a) The parties were married on 27th January, 1989 and thereafter they lived together as husband and wife in the residence of husband at 93/A, Kalighat Road. The said marriage was the outcome of negotiation through newspaper.(b) After about six months from the date of marriage, the husband started receiving letters from anonymous persons alleging that the wife had pre-marital affairs with many persons, that she was even raped by some persons who were convicted, that she underwent abortion to...
M.R. Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-16-2005
Reported in: (2005)3CALLT189(HC)
Narayan Chandra Sil, J.1. This revisional application under Article 227 of the Constitution of India is directed against the order impugned No. 85 dated 3.11.2003 passed by Sri S. Mukherjee, learned Civil Judge (Senior Division), Additional Court, Burdwan in connection with Title Suit No. 90 of 1999 (273 of 1998).2. It appears from the order impugned that one application under Order 6 Rule 17 of the Code of Civil Procedure filed for amendment of the plaint on 22.3.2002. The learned Trial Judge was pleased to reject the said amendment petition. In dealing with the matter the learned Trial Judge found that the petitioner had filed the application for amendment of the plaint in view of the order passed by the Hon'ble Apex Court on 3.9.2001. He has referred to an order of the Apex Court appearing at page No. 78, 79 and 80 of the petition and came to the conclusion that the prayers made in the petition for amendment of the plaint are in violation of the decision of the Hon'ble Apex Court. I...
Jayabharat Credit and Investment Co. Ltd. Vs. Arun Kumar Ghosh and anr ...
Court: Kolkata
Decided on: May-16-2005
Reported in: (2005)3CALLT167(HC)
Narayan Chandra Sil, J.1. This revisional application under Article 227 of the Constitution of India is directed against the order impugned No. 114 dated 27.11.2003 passed by Sri Milan Chatterjee the learned Judge, 9th Bench, City Civil Court, Calcutta in connection with Title Suit No. 1342 of 1984 allowing an amendment of the plaint. 2. The application is contested by the O.P. by filing an affidavit-in-opposition.3. Mr. Sabyasachi Sen, the learned counsel appearing with Mr. Pratik Prakash Banerjee, the learned counsel for the defendant/ petitioner has drawn my attention to the amendment petition itself. It is submitted that the amendment petition was filed in the month of October, 2001 whereas on the own admission of the plaintiff the cuase of action arose in the month of November, 1984. The order impugned passed by the learned Trial Judge allowing the amendment application had changed the nature and character of the suit. It is also pointed out that even after the amendment the plain...
Union of India (Uoi) and anr. Vs. Adarsh Properties Pvt. Ltd.
Court: Kolkata
Decided on: May-16-2005
Reported in: 2005(4)CHN676
Arun Kumar Bhattacharya, J. 1. The hearing stems from an application filed by the petitioners/appellants praying for recalling the order dated 29.3.2000 dismissing the appeal for default, supported by an application under Section 5 of the Limitation Act for condonation of delay of about four years eleven months four days.2. The grounds for condonation as borne out in the aforesaid application under Section 5 of the Limitation Act are that on receipt of a notice under Order 21 Rule 22, CPC from the Registrar, Small Causes Court at Calcutta directing the appellants to show cause on 24.2.2005 as to why the Ejectment Execution Case No. 181/2004 filed by the plaintiff/respondent should not be granted. Mr. Dipak Kumar Mukherjee being engaged to contest the said execution case came to learn after inspection of records on 24.2.2005 about dismissal of the First Appeal No. 241/81 for default on 29.3.2000. On being contacted by Assistant General Manager (Building II), BSNL, Calcutta Telephones, M...
Rabindra Nath Pal Vs. Dr. Subodh Chandra Halder
Court: Kolkata
Decided on: May-16-2005
Reported in: (2005)3CALLT627(HC)
Narayan Chandra Sil, J.1. This appeal is directed against the Judgment and decree dated 5.7.2003 passed by Sri B. Mondal, the learned Additional District Judge, Alipore, South 24-Parganas in Title Appeal No. 183 of 2002 affirming the Judgment and decree dated 7.5.2002 passed by Sri S.K. Manna, the learned civil Judge, Junior Division, 1st Court, Alipore in connection with Title Suit No. 4 of 2002.2. The suit filed by the plaintiff is for eviction of the tenant and for mesne profit. The plaintiffs case in brief is that he is the owner of the suit property. The defendant was inducted as a monthly tenant by virtue of tenancy agreement dated 28.10.1985 together with another agreement dated 29.10.1986. The said tenancy was in existence from 28.10.1985 and had expired on 31.10.1997. The tenant did not vacate the suit premises despite the expiry of the term of agreement. Besides the plaintiff has brought the ground of damage of the suit property at the instance of the defendant. And so the su...
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