Kolkata Court April 2008 Judgments

Smt. Shanti Bhattacharjee Vs. Sri Ranjit Mukherjee and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. This Revisional application under Article 227 of the Constitution of India is directed against an appellate order passed by the learned Appeal Court in an appeal being Misc. Appeal No. 50 of 2007 arising out of a temporary injunction proceeding. The plaintiff in a suit for declaration and injunction, is the petitioner before this Court.2. The learned Trial Judge rejected the petitioner's prayer for temporary injunction and the Appeal Court also affirmed the said order in appeal. Hence, this Revisional application has been filed by the plaintiff/petitioner herein before this Court.3. Let me now consider as to how far the learned Appeal Court was justified in affirming the order passed by the learned Trial Judge whereby the petitioner's prayer for temporary injunction was rejected.4. The plaintiff/petitioner filed the said suit inter alia praying for a decree for declaration of her right, title and interest over the suit property and for a decree for permanen...

Malati Rani Barman Vs. State of W.B.

Court: Kolkata

Reported in: 2008(4)CHN375

Ashim Kumar Roy, J.1. The petitioner and her husband Madan Chandra Barman along with their two minor children Krishna Barman aged about 10 years and Anima Barman aged about 7 years were apprehended by the police in connection with a case for commission of the offences punishable under Section 13/14 of the Foreigners Act on the allegations they being Bangladesi national entered into the territory of India without valid VISA. Following their arrest police registered a specific case being Islampur Police Station Case No. 208 of 2007 under Section 14/13 of the Foreigners Act and all of them were produced before the learned Additional Chief Judicial Magistrate, Islampur, when the learned Magistrate rejecting the prayer for bail of the petitioner and her husband remanded them to jail custody and accordingly, they were sent to the Islampur Sub-Divisional Correctional Home and have been detained there. Whereas the aforesaid two minor children of the petitioner being the alleged juvenile in con...

Krishna Chandra Dutta (Cookme) Private Ltd. and ors. Vs. P.K. Sarkar, ...

Court: Kolkata

Reported in: 2008(4)CHN372

Sankar Prasad Mitra, J.1. Learned Advocate Mr. Tapan Deb Nandi appears on behalf of the petitioner Nos. 1, 2 and 3 and he submits affidavit-of-service. Let this affidavit-of-service be kept with the records.None appears for the opposite parties in spite of service of notice.2. The application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the petitioners is moved by the learned Advocate Mr. Tapan Deb Nandi.3. In this application the petitioners have sought for quashing of the proceeding in Case No. C-735 of 1991 T.R. 14/93 under Section 54/63/74 of the Standards of Weights and Measures Act, 1976 pending before the learned Judicial Magistrate, First Class, 5th Court, Sealdah. Mr. Nandi referred true copy of the complaint lodged against the petitioners by the Inspector of Legal Metrology, certified copy of the order dated 4.9.1991 whereby the learned Additional Chief Judicial Magistrate, Sealdah, South 24-Parganas took cognizance of the offence on the ...

The Food Corporation of India and ors. Vs. Pankaj Kumar Sarkar

Court: Kolkata

Reported in: (2008)1CALLT107(HC)

Pratap Kumar Ray, J.1. Heard the learned Advocates for the parties.2. Assailing the judgment and order dated 21st June, 2007 passed by the learned Trial Judge in W.P. No. 1312 of 2006 this appeal has been preferred by the Food Corporation of India and some of its officers. By the impugned judgment under appeal, learned trial Judge allowed the writ application and thereby quashed the impugned order of punishment imposed in a departmental proceeding concluded following the Service Regulation by which the writ petitioner is controlled and guided. Punishment imposed in a departmental proceeding was reduction by two stages in the time scale of pay for a period of three years without cumulative effect, a minor punishment in terms of the Service Regulation.3. The factual matrix of the writ application in short is to this effect. The writ petitioner while working in the post of Regional Manager (W.B) of Food Corporation of India headed a Committee as Chairman to negotiate the rate of rental of...

Anil Kr. Ray Vs. Kshama Rani Dutta and ors.

Court: Kolkata

Reported in: (2008)3CALLT184(HC),2008(4)CHN214

Tapan Kumar Dutt, J.1. Heard learned Advocates for the respective parties. Very briefly, the facts of the case are as follows.2. The opposite parties obtained a decree for recovery of possession against the petitioner and challenging such decree the petitioner preferred an appeal but such appeal was dismissed after contested hearing. It appears from the submissions made by the learned advocates for the respective parties that during the proceedings, either before the learned Trial Court in the suit or before the learned Lower Appellate Court in the appeal, no dispute was ever raised with regard to the identity of the suit proper. In other words, the judgment debtor was fully aware of the suit property in respect of which litigation was proceeding. It further appears, as submitted by the learned senior Advocate for the opposite parties, and not disputed by the learned advocate for the petitioner, that during the pendency of the suit the plaint had to be amended and the amended plaint wa...

Usha Infotech Pvt. Ltd. Vs. Salora International Ltd. and anr.

Court: Kolkata

Reported in: (2008)3CALLT390(HC),2008(3)CHN265

1. The appellant had moved an interlocutory application in a pending suit seeking an injunction restraining the invocation of the bank guarantee. The plaintiff had suggested that the conduct of the defendant No. 1 had been fraudulent. Learned single Judge after considering the entire matter in details has come to the conclusion that in fact it was the plaintiff who had not come before the Court with clean hands and had tried to overreach the Court. After examining the matter, the learned single Judge has observed as follows:For a party to approach Court and require the Court to make an order in its favour without inviting the party sought to be affected by the order, there is a high degree of duty that is required to be discharged. It would not do for a plaintiff obtaining an ex parte order to come back and say that the relevant material were all in the voluminous papers that were presented to Court. A party seeking an ex parte order is required not only to include all relevant facts i...