Kolkata Court June 2008 Judgments

Habir Ali Sk. @ Habir Sk. and ors. Vs. Raoson Ali Sk. and ors.

Court: Kolkata

Prasenjit Mandal, J.1. This application is directed against the order dated 25.08.2005 passed by the learned Civil Judge (Senior Division), Kalna, District - Burdwan in Title Suit No. 11 of 1985 whereby she has allowed the petition dated 08.12.2003 directing the contesting defendants to furnish the names of heirs and other particulars of the deceased defendants. Being aggrieved by the said order, the contesting defendants have preferred the present application.2. The defendants/petitioners have contended that the plaintiffs/opposite parties filed the suit for declaration, permanent injunction and partition. That suit was decreed in part and an appeal was preferred against the said decree and thereafter the learned District Judge, Burdwan remanded the suit for hearing afresh. While the suit was pending for hearing afresh, the plaintiffs filed the application for addition of parties and amendment of the plaint. In the meantime, some defendants died and the learned Assistant District Judg...

Mrs. Lakshmi Devi Singh Vs. the Municipal Commissioner and ors.

Court: Kolkata

Prasenjit Mandal, J.1. This application is directed against the judgment and order dated 19.02.2000 passed by the Municipal Building Tribunal, the Kolkata Municipal Corporation in B.T. Appeal No. 350 of 1987-88 whereby the learned Tribunal has dismissed the appeal preferred by the petitioner.2. The petitioner preferred the appeal against the order of demolition passed by the Special Officer (Building) of the Kolkata Municipal Corporation in Demolition Case No. 24-D of 1986-87 in respect of premises No. 167, Netaji Subhas Road within the jurisdiction of the Kolkata Municipal Corporation. Her contention is that she is the tenant in respect of 4 rooms at the top floor of the said premises and order of demolition was passed in respect of her tenanted premises without service of any notice. So the order of demolition was not proper. She has prayed for setting aside the order of demolition of her tenanted portion of the premises.3. After hearing the submissions of the learned Advocate of bot...

Sukdev Singh Vs. the Regional Manager, New India Assurance Co. Ltd. an ...

Court: Kolkata

Reported in: 2008(4)CHN939

Bhaskar Bhattacharya, J.1. This appeal is at the instance of the claimant under Section 166 of the Motor Vehicles Act and is directed against the award dated 22nd July, 2003 passed by the learned Additional District Judge, third Court, Alipore and the Motor Accident Claims Tribunal, District - South 24-Parganas, in Motor Accident Claim Case No. 23 of 2001 thereby disposing of the said application filed by the appellant by awarding the compensation of Rs. 1,00,000/- for the permanent disability of the appellant to the extent of 40 percent due to an accident. According to the appellant, he was a driver of a private bus and while he was about to board into the driver's cabin, another bus bearing No. WB- 04A/8939 of Route No. 12 knocked down three pedestrians including the appellant. The other two died on the spot and the appellant received severe injuries on his person for which he was removed to a nursing home. He was aged 39 years at the time of accident and he was earning Rs. 6,000/- a...

Smt. Soma Chowdhury (Sarkar) Vs. Sri Pradip Kumar Chowdhury

Court: Kolkata

Reported in: AIR2009Cal63

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a wife in a suit for divorce on the ground of cruelty and this appeal is directed against the judgment and decree dated 8th December, 2006 passed by the learned Additional District Judge, First Court, Howrah, in Matrimonial Suit No. 117 of 2006 thereby passing a decree for divorce and also granting a decree for permanent alimony to the tune of Rs. 3,00,000/- payable by the husband to the wife.2. Being dissatisfied, the wife has come up with the present first appeal. At the time of hearing of the interlocutory applications in connection with the first appeal, our attention was drawn to the fact that in this case, the learned Trial Judge, while disposing of an application under Section 24 of the Hindu Marriage Act, without disposing of the said application by the wife, granted the main relief claimed in the suit, i.e. the decree of divorce itself, although in the suit, the wife was yet to file the written statement and th...

State of West Bengal and ors. Vs. Sumit Das and anr.

Court: Kolkata

Reported in: (2008)3CALLT299(HC),2008(3)CHN1000

Pranab Kumar Chattopadhyay, J.1. The short question that arises in this appeal is whether the subject matter of the writ petition filed by the respondent No. 1 is covered by the earlier Division Bench Judgment of this Hon'ble Court passed on 31st March, 1997 in the appeal bearing M.A. No. 173 of 1997.2. The respondent No. 1 herein filed the writ petition before this Hon'ble Court claming regularisation of the service on permanent basis as Assistant Teacher in Language group (English) in the Salbari High School.3. From the records it appears that the writ petitioner was initially appointed in the post of Assistant Teacher in Language group (English) in the aforesaid school in lien vacancy. Subsequently, the original lien holder tendered her resignation from the said post of Assistant Teacher in Language group (English) and the said resignation was duly accepted by the Managing Committee of the aforesaid school. The writ petitioner thereafter requested the school authorities for approvin...

Union of India (Uoi) Vs. Sanjoy Gooptu and ors.

Court: Kolkata

Reported in: 2008(3)CHN775

Bhaskar Bhattacharya, J.1. While hearing an application for stay in connection with an appeal preferred against a money decree, a question of law has arisen as regards the applicability of Order XXVII to the provision of Order XLI Rule 1 sub-rule (3) of the Code of Civil Procedure.2. In the case before us, the Union of India has suffered a money decree and Mr Roychowdhury, the learned senior advocate appearing on behalf of the appellant, has contended that we should not impose any condition of either depositing the decretal amount or giving security thereof for stay of the execution case till the disposal of the appeal in view of the provision contained in Order XXVII Rule 8A of the Code of Civil Procedure.3. The learned advocate appearing on behalf of the respondent has, however, opposed the aforesaid contention and has submitted that even in a case where the Union of India is the appellant, the Court has every right to ask the appellant to give security of the decretal amount. By dis...

Dr. Nazrul Islam Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2008)3CALLT218(HC),2008(3)CHN566,[2009(121)FLR859]

Sailendra Prasad Talukdar, J.1. The petitioner, Dr. Nazrul Islam, is a member of the Indian Police Service, at present posted as Inspector General, Enforcement Branch, West Bengal. His grievances are as follows:Many officers, including some members of the IAS and IPS, were not comfortable with him due to his rigid attitude, commitment and conviction, as reflected from the manner of discharging his duties. His various acts demanding transparency caused embarrassment to some others.2. The news that the petitioner was facing Vigilance inquiry - investigation' in connection with his construction of a house was telecast in one T.V. Channel on 18.3.2006. The petitioner wrote to the Additional Chief Secretary (Home Department) on 30th March, 2006 seeking confirmation. He received a memo No. 501-P & AR (Vig.) dated 3.5.2006 from Special Secretary Vigilance Cell, Home (P & AR) Department on 5.5.2006 whereby it was intimated that Vigilance Commission had decided to examine him 'by way of open in...

Atul Krishna Mongal and anr. Vs. Smt. Alokelata Mondal

Court: Kolkata

Reported in: (2008)3CALLT499(HC)

Sailendra Prasad Talukdar, J.1. The judgment and decree dated 15.02.1988 passed by learned Assistant District Judge. 2nd Court. Midnapore in T.S. No. 10 of 1983 gave rise to two appeals, being T.A. No. 157 of 1988 and T.A. No. 173 of 1988.2. Being aggrieved by the judgment and decree dated 20th April, 1989 passed by the learned 6th Court of Additional District Judge, Midnapore, the instant two appeals were filed. The factual backdrop of the present cases is as follows:Plaintiffs claimed that the suit land was purchased by them on 25th June, 1970. Apart from excavating a doba and taking steps for improvement of such land, they constructed one storied pucca building on Plot No. 408. They possessed the same till 26th January, 1983. They inducted two tenants in such dwelling house.3. Debasis Mondal, son of the plaintiffs, got married to the defendant on 29th June, 1981 and leaving aside her occasional temporary stay outside; she started living in the house of the plaintiffs at Village - Ja...

Kamakhya Singhdeo Vs. Modula India

Court: Kolkata

Reported in: (2008)3CALLT562(HC)

Jayanta Kumar Biswas, J.1. The sole defendant in the suit, instituted on August 3rd, 1979 for its eviction from the suit premises being flat No. 3 at premises No. 3-E, Camac Street, Kolkata, has taken out this application dated June 12th, 2008 praying that the issue of jurisdiction of this Court to receive, try or determine the suit may be tried first as a preliminary issue and settlement of the other issues may be postponed until after determination of that issue. The sole plaintiff is contesting the application without filing any opposition.2. The only ground on which the defendant says that this Court had no jurisdiction to entertain the suit is that though being a suit by a landlord for recovery of immovable property from his tenant, in view of the provisions of the West Bengal Court-fees Act. 1970, Section 7(xiii), the amount of fee payable was to be computed according to the amount of the rent of the immovable property to which the suit referred, payable for the year next before ...

Usha Dalmia Vs. Debashis Roy

Court: Kolkata

Reported in: 2008(3)CHN837

Jyotirmay Bhattacharya, J.1. This second appeal is directed against the judgment and decree dated 10th March, 2004 passed by the learned Additional District Judge, 13th Court at Alipore in Title Appeal No. 78 of 2003 reversing the judgment and decree dated 3rd April, 2003 passed by the learned Civil Judge (Senior Division), 9th Court at Alipore in Title Suit No. 21 of 2001 at the instance of defendant/appellant.2. This appeal was admitted for hearing on 19th July, 2004 by the Division Bench of this Hon'ble Court. While admitting this appeal, the following substantial question of law was formulated by the Division Bench of this Hon'ble Court:Whether the learned Judge in the lower Appellate Court substantially erred in law in holding that the notice given by the defendant/appellant is quite legal and it is implied that the appellant will surrender the tenancy of the suit premises and hand over the vacant and khas possession in favour of the plaintiff/respondent inasmuch as the learned Ju...