Kolkata Court June 2007 Judgments
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Mira Chatterjee and ors. Vs. Joydeb Chatterjee
Court: Kolkata
Decided on: Jun-06-2007
Reported in: AIR2007Cal258
1. This First Miscellaneous Appeal is at the instance of the unsuccessful applicants under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure filed in a regular Title Appeal and is directed against Order No. 43 dated February 15, 2007 passed by the learned Civil Judge (Senior Division), Arambagh, in Title Appeal No. 39 of 1999 thereby rejecting the said application under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure.2. In our view, the present First Miscel laneous Appeal is not maintainable. According to Order XLIII, Rule 1(r) of the Code of Civil Procedure, a First Miscellaneous Appeal lies against an order under Order XXXIX, Rules 1, 2, 2A, 4 and 10 of the Code of Civil Procedure. The opening sentence of Order XXXIX, Rule 1 of the Code of Civil Procedure starts with the phrase 'where in any suit it is proved by affidavit or other wise....' Therefore, Order XXXIX, Rules 1 and 2 of the Code is applicable only to the suits. However, by virtue of ...
Quality Steel Wire Product Pvt. Ltd. and anr. Vs. W.B. Financial Corpo ...
Court: Kolkata
Decided on: Jun-06-2007
Reported in: AIR2007Cal256
ORDERJayanta Kumar Biswas, J.1. The petitioners took out this writ petition dated April 26th, 2006 questioning the sale notice published by West Bengal Financial Corporation in the Economic Times on April 18th, 2006. The notice was published for sale of land and other properties of the first petitioner.2. Sometime in April 1984 the first petitioner took a Rs. 30 lakh term loan from the corporation. The properties sought to be sold were placed as security. Because of defaults committed by the first petitioner In repayment of the loan on December 31st, 2001 the amount payable by it became Rs. 2,29,64,638.16. After considering the first petitioner's proposal dated January 5th, 2002, the corporation agreed to settle the accounts on payment of Rs. 29 lakh at one stroke positively by March 27th 2002. Making the offer the corporation wrote letter dated March 1st, 2002 mentioning that in case of non-payment within the period, that offer would stand automatically cancelled and the previous posi...
Bhaktimoyee Cold Storage Pvt. Ltd. Vs. West Bengal State Electricity B ...
Court: Kolkata
Decided on: Jun-06-2007
Reported in: 2008(1)CHN275
1. Instead of disposing of the application, we propose to hear out the appeal itself with the consent of the parties.2. This mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against order dated 25th January, 2006 passed by a learned Single Judge thereby dismissing the writ application with costs.3. There is no dispute that the writ petitioner/appellant is an industrial consumer of electricity. In the year 1999 before coming into operation of the Electricity Act, 2003 a dispute arose as regards the bill sent by the West Bengal State Electricity Board; as a result, the writ petitioner filed a regular suit disputing the said bill. The suit was decreed but on an appeal preferred by the West Bengal State Electricity Board that decree was set aside.4. During the pendency of the appeal preferred by the State Electricity Board, the parties entered into an agreement and the consumer agreed that the meter should be sent to the Chief Electrical Inspector in te...
1981 Census and Election Job Workers' Association and Ors. Vs. State o ...
Court: Kolkata
Decided on: Jun-05-2007
Reported in: 2007(3)CHN704
Jayanta Kumar Biswas, J.1. This writ petition dated August 30th, 2005 was taken out by an association and two natural persons. Counsel for the petitioners has failed to satisfy me how the association could take out the writ petition. Nothing has been stated about the legal status of the association, i.e., whether it is a society. In my view, questioning the selection process that was initiated by Dakshin Dinajpur District Primary School Council, a statutory authority constituted under provisions of the West Bengal Primary Education Act, 1973, the association was not entitled to take out this writ petition.2. Only those persons who were aggrieved, the second and third petitioners were, were entitled to approach the Writ Court questioning the selection process. Hence, while I hold that the writ petition is not maintainable at the instance of the first petitioner, it is maintainable at the instance of the second and third petitioners. They are questioning their exclusion from the panel of...
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