Kolkata Court September 2009 Judgments
Asthapada Sarder Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-23-2009
Ashim Kumar Banerjee, J.1. BACK DROPSmt. Karuna Sarder, the victim, was married to one Robin Sardar. After the death of Robin, Karuna felt it difficult to stay in the in-law's place because of the constant torture by her in-laws including her brother in-laws Chintamani and Asthapada. When the situation became beyond control, Karuna left her in-law's place along with her eldest daughter Asima and then started residing with her parental family. In 1992, Asthapada and Chintamani wanted to have a negotiation for amicable settlement with Karuna. They asked the family members of Karuna to send her back along with her children.2. SCENE ONEOn April 20, 1992 Jagannath Biswas (PW-1), Biswanath (PW-4), Kashinath (PW-6), Lakhman and their sister in-law Sandhya Biswas (PW-5) took Karuna and her four children with them and escorted them to her in-law's place. At about 5:15 p.m. they reached the place of occurrence when Asthapada and Chintamani resisted Karuna from entering the house. Karuna wanted t...
Tag this Judgment!State of West Bengal and ors. Vs. Asiatic Investment Limited and ors.
Court: Kolkata
Decided on: Sep-23-2009
Pranab Kumar Chattopadhyay, J.1. The instant appeal has been preferred at the instance of the State of West Bengal and its authorities assailing the judgment and order passed by a learned Judge of this Court whereby and where under the said learned Judge allowed the writ petition on merits. While allowing the writ petition, learned Single Judge of this Court declared that the entire acquisition proceedings relating to the property in question stood lapsed on account of publication of the award after the expiry of the prescribed period as provided in Section 11A of the Land Acquisition Act, 1894. The learned Single Judge, therefore, held that the award, having been made in a lapsed proceeding, is a nullity and accordingly, quashed the same.2. The facts relating to the acquisition proceedings in respect of the property in question are briefly narrated hereinafter:On 16th June, 1998, a notification was published in the Calcutta Gazette under Section 4 of the Land Acquisition Act, 1894 for...
Tag this Judgment!Smt. Sushama Nath and ors. Vs. Sri Tapendra Nath and ors.
Court: Kolkata
Decided on: Sep-23-2009
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendants in a suit for partition and is directed against the judgment and decree dated 8th March, 1999 passed by the learned Civil Judge, Senior Division, Sealdah, Dist.-South 24-Parganas in Title Suit No. 5 of 1993 thereby passing a preliminary decree declaring 9/16th share of the plaintiffs in the suit property and 7/16th share of the defendants.2. Being dissatisfied, the defendants have come up with the present first appeal.3. The plaintiffs, five in number, being the first wife, one son and three daughters of one late Srischandra Nath filed in the Court of the learned Assistant District Judge, Sealdah a suit being Title Suit No. 5 of 1993 thereby claiming 9/16th share of the suit property as described in schedule of the plaint. The schedule 'A' consisted of 6 cottahs 7 chittaks and 2 square feet of land with a four-storied building being Premises No. P-280, CIT Scheme IV(M) within police station of Pholbagan. ...
Tag this Judgment!Smt. Purabi Ghosh and anr. Vs. Mr. Asoke Kumar Ghosh and ors.
Court: Kolkata
Decided on: Sep-23-2009
Prasenjit Mandal, J.1. This first appeal is directed against the judgment and decree dated February 15, 2001, passed by the learned Judge, Eighth Bench, City Civil Court, Calcutta, in Title Suit No. 1259 of 1985 thereby decreeing the suit.2. The short fact of the plaint case is that the plaintiff and the defendant No. 2 are two brothers and the defendant No. 3 is their sister while the defendant No. 1 is the wife of the defendant No. 2. The plaintiff and the defendant No. 3 jointly purchased the premises No. 2/2, Ratan Sarkar Garden Lane, under P.S. -Burrabazar, Calcutta - 700 007 (henceforth shall be called as the 'said premises') at a consideration of Rs. 35,000/- only. The plaintiff paid 3/4th share of the consideration money and the defendant No. 3 paid the rest amount of the consideration money. Thus, the plaintiff became owner of the said premises to the extent of 3/4th share. After purchase, the defendant No. 3 wanted to effect partition of her undivided 1/4th share but it was f...
Tag this Judgment!Calcutta Port Trust and ors. Vs. Sanku Maharaj Adhikari and ors.
Court: Kolkata
Decided on: Sep-23-2009
Debiprasad Sengupta, J.1. This appeal is directed against the Judgment and Order dated 13.1.2005 passed by the learned Single Judge in W. P. No. 548 of 2003.2. In the writ petition the subject matter of challenge was illegal and mala fide action of the respondent authority in not giving appointment to the writ petitioners in the unskilled category in Haldia Dock Complex in spite of the fact that they are in possession of 'Land Loosers' Certificates', which were issued to them as their lands were acquired for development of Haldia Dock Complex.3. In the year 1966-67 land acquisition proceedings under the Land Acquisition Act were initiated for acquiring lands for development of Haldia Dock Complex. As a result of such acquisition several families became uprooted and their lands, which were the source of their livelihood, were lost. The writ petitioners/respondents belong to that category, which is described as 'Land Loosers', and they were also given 'Land Loosers' Certificate'.4. It wa...
Tag this Judgment!Sri Asit Chakraborty Vs. Smt. Rinku Chakraborty
Court: Kolkata
Decided on: Sep-23-2009
Prasenjit Mandal, J.1. These two first appeals are at the instance of the husband and are directed against the judgment and decree dated December 9, 2004 passed in Matrimonial Suit No. 28 of 2001 and the Matrimonial Suit No. 33 of 2001 which were heard analogously thereby decreeing the Matrimonial Suit No. 28 of 2001 filed by the wife for dissolution of marriage and dismissing the Matrimonial Suit No. 33 of 2001 filed by the husband for restoration of conjugal rights.2. The F.A. No. 243 of 2006 has arisen out of the Matrimonial Suit No. 28 of 2001 and the F.A. No. 244 of 2006 has arisen out of the Matrimonial Suit No. 33 of 2001. Virtually, the plaint case of the Matrimonial No. 28 of 2001 is the defence taken in the written statement of the Matrimonial Suit No. 33 of 2001 while the plaint case of the Matrimonial Suit No. 33 of 2001 is the defence taken in the written statement filed by the husband in the Matrimonial Suit No. 28 of 2001. As indicated above, both the suits were tried an...
Tag this Judgment!Gtz (India Private Limited) Vs. Power Electronic Engineers and ors.
Court: Kolkata
Decided on: Sep-23-2009
Bhaskar Bhattacharya, J.1. This First Miscellaneous Appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against Order No. 10 dated 28th April, 2007, passed by the learned Civil Judge, Senior Division, Second Court, Barasat in Title Suit No. 2 of 2007 thereby dismissing an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff. Being dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.2. The appellant before us filed in the Trial Court a suit being Title Suit No. 2 of 2007 for specific performance of contract against the respondents. In that suit, the Urban Development Department, Government of West Bengal, was made proforma defendant. The case made out by the plaintiff may be summed up thus:a) The defendant Nos. 1 and 2, as owner of the property described in the schedule of the plaint, entered into an agreement for sale on 30th August, 2005 with the plaintiff whic...
Tag this Judgment!Sri Benoy Bhusan Bhattacharjee Vs. Smt. Geeta Bhowmick
Court: Kolkata
Decided on: Sep-23-2009
Bhaskar Bhattacharya, J.1. This First Appeal is at the instance of a plaintiff in a suit for partition and is directed against the judgement and decree dated 21st April, 2001 passed by the learned Civil Judge, Senior Division, Third Court, Alipore, District-South 24Parganas, in Title Suit No. 218 of 1984 thereby dismissing the said suit.2. Being dissatisfied, the plaintiff has come up with the present first appeal.3. The appellant before us filed in the Third Court of Subordinate Judge, Alipore, a suit being Title Suit No. 218 of 1984 for partition against his mother and the sister and the case made out by the appellant, as it stands after the amendment of the plaint, may be summed up thus:(a) Premise No. P/68, Lake Road which was described in schedule 'A' and moveable properties which were described in schedule 'B', 'C' and 'D' were the subject-matters of the suit and those belonged to Bibhuti Bhusan Bhattacharjee, since deceased, the father of the appellant and the defendant No. 2 an...
Tag this Judgment!Bandana Mondal Vs. Union of India (Uoi) Through the General Manager
Court: Kolkata
Decided on: Sep-23-2009
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a claimant in a proceeding under Section 16 of the Railway Claims Tribunal Act, 1987 and is directed against an award dated 25th January, 2008 passed by the Vice-Chairman of Railway Claims Tribunal, Kolkata Bench, in Case No. U/840/2004 thereby dismissing the claim- application on the ground that the claimant could not prove that the victim was a passenger of the train with valid ticket or that he died due to accidental fall from a running train by adducing any evidence of the eyewitness.2. Being dissatisfied, the claimant, the mother of the victim, has come up with the present appeal.3. It appears from record that the appellant before us filed an application under Section 16 of the Railway Claims Tribunal Act thereby claiming compensation for the death of her son, one Chhatu Mondal, aged 16 years, by occupation student, on the allegation that on 6th May, 2002 the said Chhatu Mondal at 6 p.m. with some persons of his area was...
Tag this Judgment!Bidhan Chandra Ray and anr. Vs. West Bengal College Service Commission ...
Court: Kolkata
Decided on: Sep-23-2009
Dipankar Datta, J.1. Sri Bidhan Chandra Ray and Sri Sanat Kumar Biswas are the petitioners in this writ petition. They have joined in this petition having independent but identical cause of action.2. Both of them, inter alia, are Master degree holders in 'Library and Information Science' and 'Philosophy', conferred by the University of Calcutta (hereafter the University). They belong to Scheduled Caste community.3. The West Bengal College Service Commission (hereafter the Commission), sometime in March 2007, had issued an advertisement bearing No. 1/2007 (hereafter the said advertisement) inviting applications from eligible candidates for recruitment to posts of Lecturers in various subjects in colleges affiliated to the several universities in the State. The vacancy list attached to the said advertisement showed that there were 11 vacancies in posts of Librarian in colleges (names whereof not disclosed) under the University, out of which three were reserved for Scheduled Caste candida...
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