Kolkata Court February 2006 Judgments
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VipIn Bhimani and anr. Vs. Sunanda Das and anr.
Court: Kolkata
Decided on: Feb-24-2006
Reported in: AIR2006Cal209,2006(2)CHN396
Bhaskar Bhattacharya, J.1. This first miscellaneous appeal is at the instance of the plaintiffs in a suit for specific performance of contract and injunction and is directed against Order No. 2 dated 20th September, 2005 passed by the Civil Judge (Senior Division), 4th Court, Alipore in Title Suit No. 69 of 2005 thereby refusing to grant an ad interim order of injunction in favour of the plaintiffs although the learned Trial Judge issued a notice to show-cause why the prayer of the plaintiffs for temporary injunction should not be granted.2. The appellants herein filed the aforesaid suit being Title Suit No. 69 of 2005 in the 4th Court of learned Civil Judge (Senior Division), Alipore, thereby praying for the following relief:a) Specific performance of the agreement made between the plaintiffs and the defendants as mentioned in paragraph 5 above;b) Alternatively, specific performance of the agreement between the plaintiffs and the defendants recorded in Annexure 'A' hereto;c) A decree ...
Ashim Kumar Chakraborty and anr. Vs. State
Court: Kolkata
Decided on: Feb-24-2006
Reported in: 2006(2)CHN464
Pranab Kumar Deb, J.1. The violence against the womanhood continues unabated despite strong condemnation and outcry. This is an another sad story of a young housewife being charred to death within few months of her marriage. The prosecution case, as disclosed in the FIR and narrated during the course of the trial, was to the effect that since the inception of her marriage with the appellant Ashim Kumar Chakraborty, the young housewife Rumi Chakraborty had to face humiliation and hardship in her matrimonial house. She was quite often rebuked for her physical incapacity to domestic work. She was severely castigated after she had lost one of her ear rings. Despite promise being made by her relations to make another ring, the situation did not improve. Her ordeal continued. It reached the climax when on 07.05.94 at about 3-30 in the afternoon, her mother-in-law and husband reported to her father Subrata Kishore Chowdhury that his daughter had committed suicide by setting her ablaze. On rec...
National Traders Vs. Srimanta Auddy
Court: Kolkata
Decided on: Feb-24-2006
Reported in: 2006(3)CHN142
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a tenant defendant in. a suit for eviction on the ground of expiry of lease of twenty-one years and is directed against the judgment and decree dated 24th March, 2003 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 397 of 2003 thereby passing a decree for eviction and mesne profit in favour of the respondent.2.The case made out by the respondent may be summed up thus:(a) One Dinendra Nath Auddy, the father of the plaintiff was the owner of the suit premises and by a registered deed of trust and settlement dated 13th October, 1969, the said Dinendra Nath Auddy created a trust in respect of the suit premises whereby he appointed himself as the first trustee and it was further provided that on the death of the first trustee and his wife the trust would come to an end and the plaintiff would become the absolute owner of the property.(b) By a registered deed of lease dated 10th April, ...
Kshetriya Shree Gandhi Ashram Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-24-2006
Reported in: (2006)3CALLT221(HC),2006(4)CHN636
Jyotirmay Bhattacharya, J.1. A short question which has been raised by the petitioner in this application, before this Court for answer, is as follows:Whether any sum payable to a Co-operative Society in accordance with an award passed under Section 96 of the West Bengal Cooperative Societies Act, 1983 can be recovered by the Certificate Officer as a public demand under the Bengal Public Demand Recovery Act, 1913 upon requisition by the co-operative society?2. The said question has cropped up in the following background:The respondent No. 4, a Co-operative Society, supplied 200 pieces silk sarees worth Rs. 93,280/- to the petitioner herein by two packages through the Indian Airlines from Calcutta to Lucknow by air consignment note being A.P. No. 6883767 on 21st July 1993.3. The petitioner did not pay the value of the said articles to the respondent No. 4 on the ground that the said consignment was not delivered to the petitioner.4. In such a situation a dispute case under Section 95 of...
F.V. Arul and ors. Vs. S.K. Mukherjee
Court: Kolkata
Decided on: Feb-23-2006
Reported in: (2006)2CALLT264(HC),2006(3)CHN638
Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 482 Cr. PC filed by the petitioner, praying for setting aside the order dated 15,03.2004 passed by the learned Metropolitan Magistrate, 9th Court, Calcutta and also for quashing the proceeding being Complaint Case No. 2415/02 under Section 56 read with Sections 64(2)/68 of the Foreign Exchange Regulation Act, 1973.2. M/s. Greenways Shipping Agencies Pvt. Ltd. which is the sole agent in India of Uniglory Marine Corporation, Taipai, Taiwan, having branch offices in all the major ports including Calcutta and Cochin, handles export/import. At the beginning of 1997 S.S.K. Exports Ltd. booked 14 x 40' and 1 x 20' containers for destination Moscow. While enroute, the said exporter S.S.K. Exports requested four times in writing for diverting the containers to Dubai instead of Moscow and M/s. Greenways Shipping under the Carriage of Goods by Sea Act was bound to comply with it without knowledge that the said S.S.K...
Sadananda Pan Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-23-2006
Reported in: 2006(3)CHN227
Arun Kumar Bhattacharya, J.1. The hearing arises from an application under Section 482 Cr. PC. filed by the petitioner praying for quashing the investigation in G.R. Case No. 253/96 arising out of Suri P.S. Case No. 58/96 dated 26.04.96 under Section 409/448/406 IPC.2. The circumstances leading to the above application are that by order No. 183 dated 01.02.94 Assistant Registrar of Co-operative Societies, Birbhum, hereinafter referred to as Assistant Registrar, appointed the petitioner, who is a school teacher, as Special Officer to manage the affairs of the Suri Friends' Union Co-operative Bank Ltd. By notification dated 05.05.95, Deputy Secretary, Department of Co-operation, Govt. of W.B., appointed a Board of Administrators comprising of 12 members, the petitioner being named as Chairman thereof to manage the affairs of the said Bank. In order to attend the bank from his residence at a distance of over 24 kms. the petitioner had to undertake a journey by rickshaw, then by bus and th...
Asis Dutta and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-23-2006
Reported in: (2006)3CALLT41(HC),2006(4)CHN311
Jayanta Kumar Biswas, J.1.The six petitioners in this writ petition have raised the following issues: (i) whether the notification of the State Government No. 6715 dated December 21, 2000 issued under Section 5(2) of the W.B. Agricultural Produce Marketing (Regulation) Act, 1972 constituting the market committee for the area mentioned therein conforms to Section 5(1) of the Act; (ii) whether the notification of the State Government No. 6717 dated December 21, 2000 issued under Section 4(1) of the same Act declaring the localities specified therein as the principal market yard and the sub-market yards conforms to provisions in Section 2(m) of the Act, (iii) whether the notification of the State Government dated February 1, 2002 issued under Section 5(3) of the same Act constituting the market committee conforms to provisions in Section 5(3) of that Act, (iv) whether, assuming the market committee was duly constituted, it is empowered to function beyond the period of three years specifie...
W.B.S.E.B. and ors. Vs. Anup Mondal and ors.
Court: Kolkata
Decided on: Feb-22-2006
Reported in: 2006(2)CHN12
V.S. Sirpurkar, C.J.1. The petitioner had rushed to this Court straightaway after the final assessment order which was assessed at Rs. 90,072/-. Before that the petitioner had already paid Rs. 22,518/-. In our opinion it will not be necessary to go along with this appeal because the petitioner instead of approaching this Court should have filed the statutory appeal. The petitioner shall file the appeal within two weeks from today. Once this appeal is filed, the same will be disposed of within two months thereof. Needless to mention that the petitioner shall make a further payment of Rs. 9,000/- towards the requisite for filing the statutory appeal. The appellate authority will consider the pendency of the writ petition while considering the question of limitation. The appeal shall be disposed of at any rate within two months from its filing. According to the original writ petitioner the supply of electricity has not been disconnected. It shall not be disconnected if the petitioner with...
Raghavan Sarathy Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-22-2006
Reported in: IV(2006)BC468,(2006)2CALLT198(HC),[2007]139CompCas768(Cal)
Arun Kumar Bhattachaiya, J.1. The hearing stems from an application under Section 482 Cr. PC filed by the petitioner praying for setting aside the order dated 15.01.2002 passed by the learned Sessions Judge, 8th Bench, City Sessions Court, Calcutta in Criminal Motion No. 112 of 2001 affirming the order dated 07.04.2001 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta in complaint case No. C-2607/99 under Sections 138/141 of the Negotiable Instruments Act, 1881.2. The circumstances leading to the above application are that Mukesh Sharma, representative of O.P. No. 2 Company initiated the aforesaid complaint case being C-2607/99 inter alia alleging that on the presentation of the cheque dated 08.07.99 for Rs. 1.19.903/- drawn on ANZ Grindlays Bank, Shakespear Sarani Branch, Calcutta, its banker UTI Bank Ltd.. Calcutta it was returned unpaid with a remark 'payment stopped by the drawer' on 12.07.99. Despite receipt of the demand notice issued on 14.07.99 the company M/s...
West Bengal Small Industries Development Corporation Limited Vs. Offic ...
Court: Kolkata
Decided on: Feb-22-2006
Reported in: (2006)3CALLT466(HC),[2006]133CompCas717(Cal),(2006)204CTR(Cal)125,[2006]284ITR42(Cal),[2006]72SCL301(Cal)
Bhaskar Bhattacharya, J.1. This is an application for review of the order dated 25th November, 2004 passed by a Division Bench of this Court in A.C.O. No. 73 of 2004 arising out of A.P.O.T. No. 249 of 2004 thereby setting aside an order passed by the Company Court (rejecting an application under Section 535 of the Companies Act) and allowing the Official Liquidator to occupy the disputed leasehold interest of the company in liquidation on paying out of the sale proceeds received by him a sum of Rs. 30,000/- a month to the appellant until the Energy Trading Company Ltd., the subsequent purchaser, succeeds in obtaining negotiated terms with the appellant or the land is cleared and the possession thereof is given back to the appellant fully.2. The facts giving rise to filing of the present application may be summed up thus:(a) By an indenture of lease dated 14th February, 1969 between the Governor of the State of West Bengal and the company in liquidation, a 99 years lease commencing from...
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