Kolkata Court July 2010 Judgments
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Krishna Chandra Das Vs. Gopal Chandra Dey and ors.
Court: Kolkata
Decided on: Jul-06-2010
Tarun Kumar Gupta, J.1. This second appeal is directed against the judgment dated 27.02.2003 passed in Title Appeal No. 30 of 2002 by learned Judge City Civil Court, 3rd Bench affirming the decree of eviction dated 31.01.2002 passed by learned Judge 2nd Bench Presidency Small Causes Court, Calcutta in Ejectment Suit No. 86 1 of 2000.2. The appellant/defendant has challenged the said judgment alleging inter alia that the impugned judgment of learned First Appellate Court was bad in law as the said judgment was passed without proper appreciation of evidence on record and that the learned Courts below failed to distinguish between comfort and bonafide requirements of landlords and that learned Courts below failed to recourse to Section 13(4) of W.P.T. Act when they found that landlords had some reasonable requirements. Accordingly, the second appeal has been filed by appellant/defendant praying for setting aside the impugned judgment of the First Appellate Court.3. At the time of admissio...
Sri Probodh Chandra Banerjee and ors. Vs. Smt. Sabita Mukherjee and or ...
Court: Kolkata
Decided on: Jul-06-2010
Tarun Kumar Gupta, J.1. This revisional application under Article 227 of the Constitution of India is directed against the order No. 153 dated April 26, 2005 passed by Shri O.S. Rahaman learned Civil Judge (Senior Division), 7th Court, Alipore, in Title Suit No. 143 of 1989 wherein learned Court was pleased to reject the report filed by learned Commissioner of partition on 10th of July, 2000.2. Being aggrieved and dissatisfied with the impugned order dated 26th April, 2005 the original defendant Nos. 4 and 6 to 9 filed this revisional application against original plaintiff and other defendants of the suit. During pendency of this revisional application some of the parties died resulting substitution of their legal heirs.3. It is a case of the present petitioners that at the instance of O.P. No. 1 plaintiff the said Partition Suit being Title Appeal No. 143 of 1989 was initiated resulting passing of a preliminary decree on ascertaining shares of the respective parties and that by order ...
Sri Arup Kumar Roy and ors. Vs. Sri Chandra Nath Bhar
Court: Kolkata
Decided on: Jul-02-2010
Tapan Kumar Dutt, J.1. This Court has heard the Learned Advocates for the respective parties.2. The facts of the case, very briefly, are as follows:The plaintiff/respondent No. 1 filed a suit praying for a decree for khas possession by evicting the defendant from the 'ka' schedule premises to the plaint and also for a decree for mesne profits. The plaintiff also prayed for a decree for mandatory injunction directing the defendant to remove the cemented urinal (ka- 1 schedule to the plaint). The plaintiff alleged inter alia in the plaint that the defendant was a defaulter since January 1978, that the defendant intentionally broke and removed the parapet wall of the roof at the time of defendant's daughter's marriage in May 1980 without the consent of the plaintiff and the defendant also removed the side wall of the skylight causing material deterioration of the suit premises. It was also alleged that the plaintiff filed suit against the defendant for mandatory injunction and the plainti...
Dilip Kumar Saha and ors. Vs. Nandalal Rathi and anr.
Court: Kolkata
Decided on: Jul-01-2010
Prasenjit Mandal, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 is at the instance of the accused persons for quashing the proceeding bearing No. C/23334/08 under Section 500/34 of the I.P.C. pending before the learned Metropolitan Magistrate, Seventh Court, Calcutta. The opposite party No. 1 filed a petition of complaint under Section 500/34 of the I.P.C. before the learned Chief Metropolitan Magistrate, Calcutta. On receipt of the said petition of complaint, the learned Chief Metropolitan Magistrate took cognizance and transferred the same to the learned Metropolitan Magistrate, Seventh Court, Calcutta under Section 192(1) of the Cr.P.C. Upon examination of the witnesses on S.A., the learned Metropolitan Magistrate issued summons upon the accused persons under Sections 500/34 of the I.P.C. The accused persons appeared before the learned Metropolitan Magistrate and they were released on bail on 20.02.2009. Thereafter they have preferred this applicati...
Sankar Pal Vs. Md. Hiyatullah Khan and anr.
Court: Kolkata
Decided on: Jul-01-2010
Prasenjit Mandal, J.1. This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 is at the instance of the accused person of a case and is directed against the order dated 03.09.2009 passed by the learned Judicial Magistrate, Second Court at Alipore in C-1300 of 2009 thereby passing order for proceeding against the accused person/petitioner for offences punishable under Section 323/448 of the I.P.C.2. In June, 2009 the petitioner received a summons from the learned Judicial Magistrate, Fifth Court at Alipore requiring him to answer to offences under Sections 341/323/504/506/34 of the I.P.C., 1860. Md. Anwar Azim filed the complaint case No. C-1301 of 2009 stating that the petitioner is a trespasser of a premises. The accused person/petitioner along with others trespassed into the land of the complainant on 07.03.2009 at 2.30 p.m. and assaulted the complainant and other security guards. Then, again on 08.03.2009 at 5.30 p.m. the accused person/peti...
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