Kolkata Court April 2008 Judgments

Sourav Ganguly Vs. Tata Tea Ltd.

Court: Kolkata

Sanjib Banerjee, J.1. The court: None appears on behalf of the plaintiff. The matter had earlier appeared in the warning list.2. It appears that despite notice the plaintiff has not removed the defects. It is evident that the plaintiff does not wish to proceed with the suit.3. C.S. No. 361 of 1997 is dismissed. Interim orders, if any, stand vacated .There will be no order as to costs....

The Collector of Customs Now Known as the Commissioner of Customs (Air ...

Court: Kolkata

Ashim Kumar Roy, J.1. Aggrieved by an order passed on April 7, 2008, by the Learned District and Sessions Judge, Barasat, North 24-Parganas, in connection with Criminal Revision No. 86/2008 directing the Customs Authority to return the accused/opposite party No. 1, Jose Marcio Barreto Ramires, his Brazilian Passport No. C.O. - 740121, withheld in connection with the Customs Case No. C-384/2008 relating to the offences punishable under Section 132/135 of the Customs Act, the petitioner moves the instant criminal revision.2. Mr. Biswa Ranjan Ghoshal, the learned Senior Counsel appearing with Mr. Ujjwal Dutta, advocate on behalf of the petitioner, submitted that the order of returning the Passport to the accused/opposite party is wholly illegal and erroneous and vehemently urged that the learned Court below should not have made the order for return of Passport to the accused/opposite party No. 1 due to the following reasons;(a) The investigation of the case is at a very nascent stage and ...

Shri Ram Nath Poddar and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Kalidas Mukherjee, J.1. These are the two revisional applications bearing Nos. CRR 521 of 1995 and 2424 of 1996 under Section 401 and 482 Cr.P.C. filed by the petitioners. In CRR 521 of 1995 the petitioners have prayed for quashing of the proceedings being G.R. Case No. 834 of 1994 corresponding to Bally P.S. Case No. 89 dated 20.4.1994 pending before the learned Sub-divisional Judicial Magistrate, Howrah and the impugned order dated 13.02.95 whereby and whereunder the learned Magistrate was pleased to pass an order not accepting the final report and directing the Special Superintendent, C.I.D., West Bengal to take up further investigation by an experienced officer of the department. In the CRR No. 2424 of 1996 the petitioners have prayed for quashing/setting aside the order dated 19.6.1996 and 25.7.1996 passed in the said G.R. Case by learned S.D.J.M., Howrah and quashing the charge sheet submitted on 25.7.1996 in the aforesaid G.R. Case.2. The petition of complaint was filed before t...

The State of West Bengal and ors. Vs. Sri Uttam Kumar Das

Court: Kolkata

Sadhan Kumar Gupta, J.1. This appeal has been preferred against the judgment passed by the learned Single Judge of this Court on 19th January, 2006 in W. P. No. 17680 (W) of 2001. 2. It is the case of the appellants that the writ petitioner filed the said writ petition under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of mandamus commanding the respondent authority to allow the writ petitioner to appear in the interview for recruitment to a Group 'C' post of Egra Municipality. The writ petitioner claimed in his writ petition that he was working in the Egra Municipality on ad hoc basis. In the year 2001, the respondent authority decided to fill up some posts of Group 'C' category of Egra Municipality and consequently called for the names from the concerned employment exchange. Accordingly, the employment exchange sponsored the names of eligible candidates to the said municipality. The writ petitioner, who is already working on ad hoc basis...

Sri Rajendra Kumar Majumdar Vs. the Kolkata Municipal Corporation and ...

Court: Kolkata

Reported in: 2008(2)CHN905

Tapen Sen, J.1. This Appeal is directed against the Judgment and Order dated 3.9.2007 passed by a learned Single Judge of this Court in W.P. No. 8664 (W) of 2006 with CAN 6816 of 2006 whereby and whereunder he was pleased to dismiss the Writ Petition by holding that the Respondent No. 7 (daughter-in-law of the Writ Petitioner) was lawfully entitled to request the Municipal Corporation to mutate the records by incorporating her name as a permit holder of the Stall in question (hereinafter referred to as the Shop). 2. The Writ Petition was filed by the Appellant (Rajendra Kumar Majumdar) being the Father-in-law of the Respondent No. 7 (Smt. Krishna Majumdar) praying, inter alia, for an Order commanding upon the Kolkata Municipal Corporation and its Officers including its Mayor, to register/restore his name in the records maintained by the said Corporation as the Original tenant in respect of Shop No. E-5 situated in the Gariahat Market Complex AND not to register/mutate the name of his d...

Visva Bharati Vs. Sarkar and Sarkar

Court: Kolkata

Reported in: 2008(3)CHN1013

1. The appellant filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the learned Single Judge. The learned Single Judge dismissed the said application on the ground that this Court lacked territorial jurisdiction as the award was valued less than Rs. 10 lakh. The learned Single Judge also considered the Seven Judge Bench decision in the case of SBP & Co. v. Patel Engineering Ltd. and Anr. reported in 2005(8) SCC 618. His Lordship distinguished the said decision and held that the ratio decided therein had no application in the instant case inasmuch as an application under Section 11(6) was not covered by Section 42 of the said Act of 1996.2. Hence, this appeal by the appellant.3. Mr. Debraj Bhattacharjee, learned Counsel appearing in support of the appeal contends that once the Apex Court in the case of SBP & Co. held that any order passed under Section 11(6) would be treated as judicial order that would automatically debar any other Court other th...

Ashok Kumar Roy Vs. United India Insurance Co. Ltd. and anr.

Court: Kolkata

Tapas Kumar Giri, J.1. Challenging the order dated 31.5.02 passed by Learned Judge Special Court (E.C.Act), M. A. C. Judge, Tribunal, Alipore, South 24-Parganas in connection with M.A.C.C. No. 520 of 2000 this revisional application under Article 227 of the Constitution of India has been preferred by the petitioner/claimant. Grievances of the petitioner as ventilated in the instant application may briefly be stated as follows:That the petitioner sustained grievous bodily injuries on his person in an accident and the petitioner filed a claim application on 18.9.2000 under Section 163A of the M.V. Act and afterwards Learned Advocate came to realize that the income of the injured person was above Rs. 40,000/-and the medical expenses was more than Rs. 15,000/- and as such the petitioner filed the amendment application under Order 6 Rule 17 read with Section 151 of C.P.C. and wanted to convert the claim application from Section 163A of M.V. Act to Section 166 of M.V. Act. Learned M.A.C. Jud...

Rabindra Nath Dutta Vs. Smt. Ira Dutt and ors. and Rajat Mohan Dutta

Court: Kolkata

Reported in: 2008(3)CHN748

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a plaintiff-landlord in a suit for eviction on the ground of expiry of lease of 20 years and is directed against the judgment and decree dated 18th May, 2004 passed by the learned Judge, 9th Bench, City Civil Court at Calcutta, in Title Suit No. 461 of 1993 thereby dismissing the suit.2. The aforesaid suit was filed for eviction on the ground that by virtue of a registered deed of lease for 20 years commencing from September 1, 1972 and expiring with August 31, 1992, an option was given to the defendant to renew the lease for further term on certain conditions, but on the expiry of that period, although the defendant expressed his desire for renewal, the plaintiff agreed to execute a fresh lease-deed on condition that the rent should be on the basis of prevailing market rate. According to the plaintiff, the defendant did not agree to such proposal and consequently, no fresh deed of lease was executed. The plaintiff, the...

Smt. Arpita Chakraborty Vs. Dr. Amit Chakraborty

Court: Kolkata

Reported in: 2008(3)CHN423

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 29th July, 2005 passed by the Additional District Judge, Third Court, Barasat, in Matrimonial Suit No. 23 of 2002 thereby dismissed the suit for divorce filed by the wife on the ground of desertion and cruelty.2. The case made out by the appellant may be summed up thus:(a) The parties are Hindus, governed by the Dayabhaga School of Hindu Law, and they were married on 4th day of December, 1997 within the jurisdiction of the Trial Court.(b) After the marriage, initially, they lived together as husband and wife at the address of the respondent at Flat No. HC/3, Ram Krishna Sarani, Baguihati. The appellant became pregnant, but due to physical assault and torture by the husband, the said pregnancy terminated on 22nd July, 1998.(c) At the time of marriage, valuable gold ornaments, furniture, clothing and household articles valued more or less R...

Gopal Debnath and ors. Vs. Sambhu Das Set

Court: Kolkata

Reported in: 2008(3)CHN417

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendant No. 1 in a suit for eviction and is directed against the judgment and decree dated 24th August, 1999 passed by the learned Judge, Fourth Bench, City Civil Court at Calcutta, in Ejectment Suit No. 675 of 1985 thereby passing a decree for eviction on the ground of default in payment of rent and subletting.2. The case made out by the plaintiff may be summed up thus:(a) The plaintiff is a Receiver appointed by the learned 8th Court of the Subordinate Judge at Alipore in Title Suit No. 48 of 1970 with all powers to file suits and to recover possession as well as rent, damages and mesne profits etc. in respect of the Premises No. 69, Ratan Sarkar Garden Street, Calcutta which is owned by Baishnab Das Set and others.(b) The said Premises No. 69, Ratan Sarkar Garden Street was originally let out by the then owners to Arjun Chandra Nath and Anil Chandra Nath, at a monthly rental of Rs. 100/- a month payable accordi...