Kolkata Court December 2008 Judgments

Smt. Manisha Mondal (Thakur) Vs. Sri Anindya Thakur and ors.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a wife in a suit for divorce and is directed against the judgment and decree dated 12th January, 2004 passed by the learned Additional District Judge, Second Court, Hooghly, in Matrimonial Suit No. 419 of 1998, thereby passing a decree for divorce on the ground of desertion and cruelty.2. Being dissatisfied, the wife has come up with the present first appeal.3. The respondent-husband filed an application under Sections 13(1)(i), (ia) and (ib) of the Hindu Marriage Act, 1955 for dissolution of the marriage by a decree of divorce on the ground of adultery, cruelty and desertion. The said suit gave rise to the Matrimonial Suit No. 419 of 1998. The case made out by the husband in the said petition for divorce may be summed up thus:a) The parties were married on 26th February, 1996 according to Hindu rites and customs. The husband was the only son of his parents. The said marriage was the outcome of negotiation between the p...

Debendranath Banerjee Vs. State of West Bengal and ors.

Court: Kolkata

Tapan Mukherjee, J.1. This appeal at the instance of the writ petitioner is directed against the judgment and order passed by the Learned Single Judge in W.P. No. 4268 (W) of 1997 dismissing the writ petition.2. The writ petitioner-appellant was appointed as Lower Division Assistant (Typist Clerk) in the year 1987 in the English Department of the District Judge's Court, Purulia.3. He was confirmed in that post and subsequently in 1994 he was appointed as process verification Clerk. Since then he had been discharging his service as Lower Division Assistant. In addition to his work he used to serve as stenographer to the highest satisfaction of the authority.4. In July 1995, due to retirement of a Stenographer the post of Stenographer fell vacant. He made appeal to the District Judge, Purulia on 19.7.1995 to absorb him in the said post of stenographer as he was working as stenographer in addition to his normal duty to the fullest satisfaction of the District Judge, Purulia.5. Considering...

Sri Debabrata Chakraborty Vs. Smt. Rina Chakraborty

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a husband in a suit for restitution of conjugal right and in the alternative, for divorce on the ground of cruelty and is directed against the judgment and decree dated 9th June, 2005 passed by the learned Additional District Judge, Third Court, Alipore, in Matrimonial Suit No. 34 of 1997, thereby granting a decree for restitution of conjugal rights. Being dissatisfied, the husband has come up with the present appeal thereby praying for a decree of divorce.2. The appellant before us filed in the Court of District Judge, South 24- Parganas, a suit being Matrimonial Suit No. 34 of 1997, under Section 22 and/or alternatively under Section 27(1)(d) of the Special Marriage Act, 1954 for a decree for restitution of conjugal rights with further prayer that in the event the wife-respondent was found to oppose the prayer for restitution of conjugal rights, a decree for divorce should be passed on the ground of cruelty. The said ...

Krishna Kant Pandey and anr. Vs. Union of India (Uoi) and ors.

Court: Kolkata

S.P. Talukdar, J.1. In response to the submission made by learned Counsel for the parties and in view of the fact that the two cases relate to identical facts and points of law, both are taken up at a time. In W.P. No. 10972 (W) of 2006, the writ petitioner sought for revocation/cancellation/withdrawal of the inter-divisional transfer order dated 25.4.2006 passed by the Chief Security Commissioner, RPF, Eastern Railway as well as further direction for not giving any further effect to the said order. The facts of the case being W.P. No. 10972 (W) of 2006 may briefly be stated as follows:The petitioner, Md. Abdul Hanan Kabiraj, is an Assistant Sub Inspector, Railway Protection Force of Eastern Railway. He was given promotion to the rank of ASI on ad-hoc basis with effect from 23rd September, 1996. He was however not reverted to the substantive posts and was allowed to continue in the promotional post for about 9 years at a stretch without any break. Those who were promoted with him on ad...

Madhusudan Saha Vs. Rebati Rani Mukherjee and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. This Second Appeal is directed against the judgment and decree passed on 31st March, 2007 by the learned Additional District Judge at Sealdah in Title Appeal No. 127 of 2006 affirming the judgment and decree dated 26th September, 2006 passed by the learned Civil Judge (Junior Division), 2nd Court at Sealdah in Title Suit No. 624 of 1994, at the instance of the defendant/appellant.2. A suit for eviction was filed by the plaintiff/respondent against the defendant/appellant herein on the ground of reasonable requirement of the original plaintiff, since deceased and the members of his family. The said suit was filed in September, 1994. Since then the nature of requirement and/or the extent of requirement of the plaintiffs/respondents and the members of their family has been changed due to various factors. The original plaintiff died during the pendency of the suit and his legal heirs and heiress were substituted in his place. The requirement which was originall...

National Highways Authority of India Vs. Additional District Magistrat ...

Court: Kolkata

Tapan Mukherjee, J.1. This appeal at the instance of the writ petitioner is directed against the judgment and order of dismissal passed by the Learned Single Judge in W.P. No. 15635 (W) of 2004.2. The writ petition was disposed of by Learned Single Judge by dividing success between the petitioner and the respondent No. 4 - in other words deciding main issue of maintainability in favour of the petitioner and passing ultimate order of dismissal in favour of the respondent No. 4 on equitable consideration.3. The petitioner came up with the case that respondent No. 4 had constructed shopping complex on plots No. 1372, 1373, 4603 and 4604 of Mouja - Galsi, District- Burdwan. The National Highway Authority of India in short NHAI is owner of plot Nos. 1372 and 1373. The respondent No. 4 encroached upon a portion of the said plots for constructing the shopping complex. In the process of widening National Highways No. 2 the NHAI threatened demolition of the said shopping complex to the extent i...

Sri Velji Narayan Patel Vs. Sri Jayanti Lal Patel

Court: Kolkata

Reported in: AIR2009Cal164

ORDERPartha Sakha Datta, J.1. The order dated 14th August, 2008 passed by learned Civil Judge, Junior Division, 1st Court, Howrah in T.S. No. 90 of 2007 is under challenge at the instance of the defendant-petitioner.2. The facts of this case are these:Velji Narayan Patel, Jayanti Lal Patel, Bhimjee Patel and Khimji Patel were four brothers. Their wives purchased Plot No. 15845, 15846 and 15847 comprised in Khatian No. 3647 and 5136 of Mouza-Bally by separate four deeds of sale sometime in the year of 1989- Then their husbands obtained tenancy from their wives in respect of the lands comprised on the said plots of land and the four brothers commenced a partnership business in the name and style of M/s. Bhagat & Company. Sometime after running of the partnership business brothers i.e. Bhimjee and Khimjee retired from the partnership business. The two other brothers i.e. the plaintiff and the defendant Jayanti and Velji formed a partnership firm in the name and style of M/s. Bhagat and Co...

Dileshwar Kumar and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

S.P. Talukdar, J.1. Both the applications under Article 226 of the Constitution relate to the same facts and involve identical points of law. Those are governed by this common judgment.2. Grievance of the writ petitioners, as ventilated in the said applications, relate to alleged illegality on the part of the respondent authority in cancelling the selection proceedings as reflected from the order passed by the Chief Security Commissioner, being Annexure-'P-6' at page-53 in W.P. No. 2806(W) of 2008.3. The petitioners are enrolled members of the Railway Protection Force of Eastern Railway. They are in the rank of Constables and Head Constables and are posted in different divisions. In response to the notification issued by the Deputy Chief Security Commissioner, RPF, Eastern Railway relating to holding of limited departmental competition under Rule 72 of RPF Rules, 1987, the writ petitioners appeared and contested the said selection test along with other eligible candidates. They were su...

West Bengal University of Technology and anr. Vs. RishIn Mitra and ors ...

Court: Kolkata

Reported in: AIR2009Cal67

Sanjib Banerjee, J.1. The principal question that arises in these eight appeals is whether an unaided private engineering college in this State can directly admit aspiring engineers in seats other than those reserved under the management quota. Notwithstanding the writ petitioners in each case being students who have been refused registration, the real dispute is between the West Bengal University of Technology and the unaided private engineering colleges in the State.2. The University is in appeal in the first five matters from interim orders permitting the writ petitioner students to provisionally take their University examinations at he end of the first semester. In the three other matters, the students are in appeal against the refusal of a similar order as in the first five cases on the ground of delay on their part. Counsel for all parties had agreed at the adinterim stage of the appeals that since the matters were of some importance and of the moment, the writ petitions could be...

inland Manufacturing Company Vs. Board of Trustees for the Port of Kol ...

Court: Kolkata

S.P. Talukdar, J.1. The petitioner, Inland Manufacturing Company, by filing an application under Article 227 of the Constitution being C.O. No. 4477 of 2005 sought to assail the judgment dated 30th September, 2005 passed by the learned 5th Bench, City Civil Court at Calcutta in Misc. Appeal No. 13 of 2001. The learned Court by the said judgment affirmed the order dated 4th June, 2001 passed by the Estate Officer, Kolkata Port Trust in proceeding No. 281 of 1999.2. The grievances of the petitioner, as ventilated in the said application, may briefly be stated as follows:The petitioner is a monthly tenant in respect of a passage measuring 6.318 square metre together with a room measuring about 1951 square kilometre called Plate No. CG- 184/1, situate at P-221/2, Strand Bank Road, P.S.- North Port, Kolkata- 700 001 hereinafter referred to as the 'said premises'. The petitioner became a tenant under the opposite party on and from March 31, 1968. He had been paying monthly rent of Rs. 138/- ...