Kolkata Court June 2006 Judgments

Syed Fateyab Ali Meerza Since Deceased Syed Mohammad Abbas Ali Meerza ...

Court: Kolkata

Reported in: 2006(3)CHN407

ORDERBhaskar Bhattacharya, J.1. These two mandamus appeals have been assigned to this Bench by the Hon'ble the Chief Justice after the Supreme Court has remanded the matters back to this Court in the light of the observations made in the order of that Court.2 The facts giving rise to these proceedings may be precised thus:(a) One Syed Fateyab Ali Meerza, (hereinafter referred as the writ petitioner), filed a writ application before this Court thereby praying for declaration that the provisions of the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980 (West Bengal Act 55 of 1980) are ultra vires the Constitution of India and void and for commanding the respondent Nos. 1 and 2 to rescind, revoke, cancel and/or withdraw the said Act and to forbear them from giving effect thereto. The other consequential prayers including an order of injunction restraining the respondents from interfering with the affairs of the Murshidabad Estate or with the possession of...

Sakina Bibi Vs. Shipping Corporation of India

Court: Kolkata

Reported in: 2006(3)CHN417

Bhaskar Bhattacharya, J.1. This matter has been assigned to me by the Hon'ble Chief Justice in view of difference of opinion between the two learned Judges of a Division Bench while deciding a first miscellaneous appeal preferred against an order passed by the learned Commissioner of Workmen's Compensation, West Bengal, in Claim Case No. 3534 of 1996 by which the said Commissioner rejected the claim of the widow of the deceased employee on the ground that claim was barred by limitation and that no sufficient ground was made out for condonation of delay although on merit of the claim, the learned Commissioner held in favour of the applicant.2. The appellant before this Court as a widow of one Haroon Khan, an employee of the respondent, claimed compensation alleging that in course of employment her husband received personal injury due to accident on 27th February, 1993 which resulted in his death on 2nd March, 1993. As the claim was lodged in the month of September, 1996, more than two y...

Ratanshi Devji Patel and ors. Vs. Srigopal Bagla

Court: Kolkata

Reported in: 2006(3)CHN584

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendants in a suit for eviction and is directed against the judgment and decree dated 19th December, 1997 passed by the learned Civil Judge, Senior Division, 10th Court, Alipore in Title Suit No. 79 of 1981.2. The respondent filed a suit being Title Suit No. 79 of 1981 in the 10th Court of Subordinate Judge at Alipore thereby praying for recovery of possession of the suit property along with machineries mentioned in the plaint and also for recovery of arrears of money due and payable by the defendants to the plaintiff towards rent by virtue of agreement dated 3rd November, 1970 between the plaintiff and the defendants and the case made out by the . plaintiff-respondent may be summarised thus:(a) The plaintiff was the landlord of the defendant in respect of a piece of land measuring 5 bighas land more or less with two big corrugated iron structures at 63, Belgachia Road, P.S. Ultadanga, Calcutta-37 where the plaint...

Smt. Ratna Banerjee Vs. Chandra Madhab Banerjee

Court: Kolkata

Reported in: AIR2006Cal249,2007(1)CHN503,I(2007)DMC566

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a wife in a suit for divorce filed by the husband and is directed against the judgment and decree dated 8th December, 1994 passed by the Additional District Judge, 11th Court, Alipore in Matrimonial Suit No. 12 of 1993 thereby passing a decree for divorce on the ground of cruelty.2. The husband filed an application for divorce under Section 27(i)(d) of the Special Marriage Act thereby praying for divorce on the sole ground of cruelty and the case made out by the respondent may be precised thus:(a) The parties were married according to the Special Marriage Act and subsequently, a social marriage was solemnised on 21st February, 1985 at 8, Ram Mohan Roy Road, Calcutta-700 009, the ancestral house of the husband.(b) The husband was initially an employee of the United Industrial Bank but the said Bank having been merged with the Allahabad Bank, at the time of institution of the proceedings, the husband was an employee of th...

Rabi Kumar Dass and ors. Vs. Chittaranjan Das and ors.

Court: Kolkata

Reported in: 2006(4)CHN302

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a defendant in a suit for partition and is directed against the judgment and decree dated 15th December, 1989 passed by the learned Assistant District Judge, 3rd Court, Howrah in Title Suit No. 2 of 1987 thereby passing a preliminary decree by declaring plaintiffs' title in respect of 6 and 1/2 decimals of land in plot No. 3480 and 9 and 1/3 decimals of land in plot No. 3481 of Khatian Nos. 2291 and 2295 of Mouja Balitikuri. By the said decree the parties were allowed two months' time to effect mutual partition by metes and bounds after maintaining the respective possession of the parties; failing which, the parties were at liberty to move the Court for appointment of Commissioner to have the property partitioned by metes and bounds.2. The case made out by the plaintiffs/respondents may be epitomised thus:(a) The plaintiffs, five in numbers, are all brothers by relation. By a registered deed of sale dated 12th May, 1961...

Central Bureau of Investigation Vs. Joydeb Dasgupta

Court: Kolkata

Reported in: 2007(1)CHN458

Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 401 read with Section 482 Cr. PC filed by the petitioner praying for revision of the order dated 13.08.2002 passed by the learned Judge. Second Special Court, Calcutta in Special Case No. 08/95 discharging the O.P. from the case.2. The circumstances leading to the above application are that on receipt of source information that the O.P., Senior Manager of Canara Bank, Rabindra Sarani Branch, Kolkata entered into a criminal conspiracy with some unknown persons and had sanctioned a loan of Rs. 2,00,000/- against one Kamdhenu Deposit Receipt (KDR No. 372/87) preparing forged documents without the knowledge of the depositor and cheated the said Bank to the tune of the said amount, that one Sukanta Sarkar purchased the KDR bearing No. 372/87 dated 28.11.87 for Rs. 5,00,000/- from Rabindra Sarani Branch of Canara Bank by depositing the abovementioned amount through a draft purchased from United Industrial Bank,...

ila Kayal Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (2007)1CALLT223(HC),2007(3)CHN765

Arun Kumar Bhattacharya, J.1. The hearing arises from an application under Sections 397/401 read with Section 482 Cr.PC filed by the petitioner praying for revision of the order being No. 30 dated 23.03.99 passed by the learned Judicial Magistrate, 6th Court, Howrah in G.R. Case No. 34/95.2. The circumstances leading to the above application are that the petitioner as defacto complainant filed a complaint under Sections 448/379/380 IPC against O.P. Nos. 2 to 4 which was referred to the Inspector-in-charge, Bally P.S. under Section 156(3) Cr. PC, and the police after completion of investigation of the said case being Bally P.S. Case No. 4/95 filed charge-sheet under Section 448 IPC. The accused persons filed a petition praying for discharge in view of the decision in Common Cause Case reported in AIR 1996 SC 1619 which was rejected by the learned Magistrate on 05.07.97. The criminal revision being CRR 2827/1997 preferred against the said order was dismissed on 23.09.98 with a direction ...

Joydeb Chandra Dey and ors. Vs. Sukumar Chandra Dey and ors.

Court: Kolkata

Reported in: AIR2006Cal315,2006(3)CHN550

Bhaskar Bhattacharya, J.1. This Letters Patent appeal is at the instance of the plaintiffs in a suit for declaration, permanent injunction and mandatory injunction and is directed against the judgment and decree dated 8th March, 2002, passed by a learned Single Judge thereby passing a decree in terms of prayer (a) of an application filed by the defendant Nos. 1 and 2 by accepting the report given by a valuer appointed in the proceedings.2. The plaintiffs, six in number, filed a suit being Suit No. 302 of 1997 before the Original Side of this Court against seven different defendants thereby praying for the following relief:a) Perpetual injunction restraining the defendants from taking part in administration of the company and/or deal with any of the assets and properties of the company.b) Perpetual injunction restraining the defendant Nos. 1 and 2 from holding themselves out as directors or officers of the company.c) Mandatory injunction direction the defendant Nos. 1 and 2 to render tr...

Cbi Vs. Bimal Kumar Das

Court: Kolkata

Reported in: (2006)3CALLT512(HC),2006(4)CHN403

Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 401 read with Section 482 Cr. PC filed by the petitioner praying for revision of the order dated 11.07.2002 passed by the learned Judge, Second Special Court, Calcutta in Special Case No. 2/96 arising out of RC 11(A)/ 1991-Cal under Sections 420/468/471/477A IPC/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.2. The circumstances leading to the above application are that on the basis of a source information on 26.02.91 that the O.P. Bimal Kumar Das, an officer of United Commercial Bank. Rajabazar Branch, Kolkata had introduced on 11.07.1989 one Ganesh Chandra Mazumder and Jagadish Chandra Ghosh to open savings bank account No. 8533 with the said branch where the transaction through the said account till 24.09.90 was Rs. 2,500/-and between 10.11.90 and 10.12.90 a sum of Rs. 1,80,000/- was falsely shown to have been deposited in the said account in the ledger by the O.P. by deposi...

Nisha Singh Vs. State of West Bengal

Court: Kolkata

Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 401 read with Section 482 CrPC filed by the petitioner praying for quashing the proceeding being G.R. Case No. 1966/97 under Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956 arising out of Burtolla P.S. Case No. 287 dated 20.11.97 under Section 373/34 IPC pending before the Court of learned Additional Chief Metropolitan Magistrate, Calcutta.2. The circumstances leading to the above application are that a case being C-286 dated 20.11.97 under Section 373/34 IPC was started against Poonam Singh and Sabita Singh. On 02.04.1998 the petitioner's grandmother filed a petition for return of the petitioner to her custody, while a similar petition was filed on 06.04.98 by a voluntary organisation 'Sanlaap' for custody of the petitioner, and the learned Additional Chief Metropolitan Magistrate allowed the prayer of the said voluntary organization. The petitioner's grandmother moved before this Court un...