Kolkata Court November 2010 Judgments
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Shri Sudhendu Chowdhury and anr. Vs. the Official Liquidator
Court: Kolkata
Decided on: Nov-26-2010
1. This appeal is at the instance of two former directors of a company in liquidation and is directed against an order dated May 14, 2010, passed by a learned Single Judge of this Court in C.A. No.203 of 2008. By the said order, His Lordship permitted the appellants to put the Official Liquidator with funds for the advertisement to be issued in The Statesman and Sambad Pratidin, two daily newspapers, inviting claims from the creditors of the company in liquidation in a summarised form. 2. It was further ordered that such advertisement should be published within a period of four weeks and should indicate that if no claim relating to the company in liquidation was lodged within a fortnight from the date of publication, the Official Liquidator would proceed to take expeditious step for dissolution of the company. 3. Being dissatisfied, the two former directors of the company have come up with the present appeal. 4. It appears from the record that on an application of a creditor, a learned...
Amarendra Nath Bhanja and ors. Vs. the Pradhan, Talgachhari-ii Gram Pa ...
Court: Kolkata Appellate
Decided on: Nov-26-2010
1. This Mandamus-Appeal is at the instance of a third party in a proceeding under Article 226 of the Constitution of India and is directed against the order dated September 8, 2009 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ-application by directing the West Bengal Fisheries Corporation Ltd., one of the Respondents in the writapplication, (hereinafter called Corporation) to ensure that the writ-petitioner no. 1, the Local Panchayet, was permitted to exercise its rights in the next and the following fishing seasons to recommend the names of the labourers to be engaged by the Corporation for lifting ice from the ice plant in question. Although neither the writ-petitioners nor the Corporation has preferred any appeal against such order, the appellants, a labour contractor and his 12 labourers, who were at the relevant point of time engaged in lifting ice from the plant of the Corporation, have come up with this appeal with an application to gran...
Rajat Majumder Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Nov-26-2010
1. This Mandamus-Appeal is at the instance of the writ-petitioner and is directed against an order dated 5th April, 2010 passed by a learned Single Judge of this Court by which His Lordship disposed of the writ-application by directing the Co-ordinator, Central Selection Committee (Engineering and Technology) having his office at AQ 13/1, Sector-V, Salt Lake City, Calcutta to take appropriate decision with regard to the representation contained in the letter dated 2nd March, 2009 disclosed in the supplementary affidavit filed by the writpetitioner dated 27th August, 2009.2. His Lordship further directed that the said Co-ordinator should take into consideration the accreditation aspect of the Post Diploma Course undertaken by the writ-petitioner at the Central Institute of Plastics Engineering and Technology, on the basis of which he appeared for the Joint Entrance Lateral Entrance Test- 2009 and should also look into the aspect as to whether the subject of Post Diploma Course matched t...
Smt. Ashima Mukherjee Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Nov-26-2010
1. The petitioner in this art.226 petition dated November 19, 2010 is seeking a mandamus commanding the respondents to release her husband, a prisoner, temporarily so that he may attend the marriage of his daughter fixed for December 15, 2010. 2. The petitioners husband, convicted of offences punishable under s.302/34 IPC on August 10, 2006 and serving a life sentence, applied for his release under provisions of the Prisoners Act, 1900 read with the West Bengal Prisoners (Temporary Release) Rules, 1956 for 30 days. 3. The Superintendent of Alipore Central Correctional Home where the convict was lodged forwarded the application to the Commissioner of Police, Kolkata. In the descriptive roll of the prisoner in jail the superintendent, recommending the request, certified the conduct of the convict, serving 7 years 6 months 11 days, as good. 4. On the basis of a report dated August 30, 2010 of the S.I., Homicide Sqd., D.D., the Joint Commissioner of Police (Crime), Kolkata wrote a letter d...
Parameshwari Devi Soni and ors. Vs. Kishan Kumar at Kant Jhunjhunwala ...
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This application is at the instance of the plaintiffs and is directed against the order dated no.165 dated July 6, 2010 passed by the learned Civil Judge (Senior Division), Eighth Court, Alipore in Title Suit No.19 of 2006 thereby rejecting an application for amendment of the plaint.2. The short fact is that the plaintiffs instituted a title suit being number T.S.115 of 1995 (subsequently renumbered as Title Suit No.19 of 2006) for ejectment on the ground of own use and occupation. The defendant nos.1 & 2 were carrying on a business as partners under the name of style of M/s. Federal Auto Marketing and they were inducted as tenant in respect of the premises in suit as described in the schedule of the plaint at a monthly rental of Rs.1,515/- per month payable according to English calendar month. The monthly rent was enhanced in 1985 and 1990 and the last rent paid by the defendants was for Rs.1,831/- per month. The number of members of the plaintiffs family are many and for that reas...
Siddheswar Ghosh Vs. Sri Gopal Srivastav
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This second appeal is directed against judgment and decree dated 17th June, 2004 passed by learned Judge, 12th Bench of the City Civil and Sessions Court at Calcutta in Title appeal No.74 of 2003 reversing the judgment and decree of eviction dated 17th May, 2003 passed by learned Judge 5th Court of Small Causes Court at Calcutta in Ejectment Suit No.912 of 2000.2. Admittedly, appellant/plaintiff claiming himself to be the owner/landlord filed said suit of ejectment against defendant/tenant on the ground of default, causing damage as well as creating nuisance and annoyance in the suit property, and also on the ground of reasonable requirement. Said suit was filed after service of ejectment notice as per law.3. The respondent/defendant contested the suit by filing written statement. Though he admitted plaintiff as owner/landlord by subsequent purchase of the suit building, but denied all the allegations and averments made in the plaint. Learned Trial Court framed several issues and de...
Madan Mohan Bhuinya and anr. Vs. Debasis Banerjee.
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This application is directed against the order no.39 dated March 23, 2010 and order no.41 dated March 31, 2010 passed in Misc. case No.252 of 2008 arising out of an Ejectment Execution Case No.166 of 2007 which arose out of an Ejectment Suit No.5 of 2003 before the learned Judge, Third Bench, Small Causes Court, Calcutta.2. The short fact is that the opposite party instituted the ejectment suit no.5 of 2003 against one Smt. Shyama Bagchi, a tenant, on the ground of sub-letting and reasonable requirement in respect of the premises, as described in the schedule of the plaint. That suit was decreed by the learned Trial Judge. An appeal being Title Appeal No.95 of 2007 was preferred before the City Civil Court, Calcutta by the tenant. Being aggrieved, the tenant preferred a second appeal which is still pending. In the meantime, the execution case was filed and in that case an application under Order 21 Rule 101 of the C.P.C. was filed by the petitioners herein stating, inter alia, that ...
Dilip Hazra Vs. Smt. Jagatmaya Neogi and ors
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. These three applications are at the instance of the defendants in the respective title appeals bearing nos.40 of 2002, 41 of 2002 and 42 of 2002 and are directed against the order no.22 dated March 29, 2006 passed by the learned Judge, City Civil Court, Second Bench, Calcutta.2. Since the common question of law has arisen in the three applications, they are disposed of by this common judgment. In order to know the fact of the cases, I am discussing in short the fact of the case of the Title Appeal No.40 of 2002.3. The plaintiffs/opposite parties herein instituted an ejectment suit for eviction on the ground of default and subletting against the petitioner in the Presidency Small Causes Court at Calcutta and the petitioner contested the said suit by filing a written statement challenging the materials allegations contained in the plaint. The suit was at the stage of peremptory hearing and on the date of peremptory hearing on February 28, 2002, the defendants/petitioners herein prefer...
Sri Shyamrup Goswami Vs. Smt. Maya Bhattacharjee
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This Second Appeal is directed against the judgment and decree dated 28th July, 1991 and 27th July, 1991 respectively passed by learned Assistant District Judge, Burdwan in Title Appeal No.150 of 1990 reversing the judgment and decree dated 20th May, 1990 and 9th June, 1990 respectively passed by learned Munsif, 3rd Court, Burdwan, in Title Suit No.104 of 1985.2. The appellant/plaintiffs case, in short, is that on account of marriage of his elder brother with sister of defendant there was a relationship between the two families. The defendant used to mix up with different village boys and became pregnant. On 26th Shraban, 1386 B.S. when plaintiff came to defendants house he was forced to put vermilion on defendants head to show alleged marriage between them. Essential ceremonies of Hindu marriage were not performed. Defendant gave birth to male child on 5th Kartick in 1386 B.S. Accordingly, the plaintiff filed the said suit praying for declaration that no marriage took place between...
Babulal Mirza Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. Against an order passed by the Additional Chief Judicial Magistrate, Kandi, Murshidabad, in connection with G.R. Case No. 1218 of 2009 rejecting the petitioners application for return of his Rickshaw Van fitted with engine, seized in connection with a case registered at Salar Police Station relating to the offences punishable under Sections 379/411 of the Indian Penal Code and under Sections 25/27 of the Arms Act moved the instant criminal revision before this Court.2. It is the case of the petitioner that he purchased the Rickshaw Van in question, a mechanically propelled vehicle against valuable consideration and used to earn his livelihood by employing the said Rickshaw Van on hire for carrying goods and passengers. It is the further case of the petitioner, on September 14, 2009 police intercepted and seized the said Rickshaw Van on the allegation the same was found carrying three stolen goats and passengers armed with unlicensed firearms. The police also arrested those passenger...
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