Kolkata Court January 2011 Judgments
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Gitarani Dan and ors. Vs. Manik Chandra Dan and ors.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. Challenge is to the order dated April 7, 2009 passed by the learned Civil Judge (Senior Division), Suri in Title Suit No.23 of 2005 thereby rejecting an application filed by the defendants under Order 1 Rule 2 read with Order 2 Rule 6 of the Code of Civil Procedure.2. The short fact is that the plaintiffs/opposite parties herein instituted a suit being Title Suit No.23 of 2005 for partition. In that suit, the defendants are contesting by filing a written statement. The suit was at the stage of peremptory hearing. At that time, the defendants/petitioners herein filed an application under Order 1 Rule 2 read with Order 2 Rule 6 of the C.P.C. contending, inter alia, that the suit is bad for misjoinder of parties and non-joinder of causes of action in a single suit. So, they submitted before Court for passing appropriate orders for separate trials in respect of the properties mentioned in the schedule B of the plaint. That application was rejected by the impugned order. Being aggrieved,...
Subrata Ghosh Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. This writ petitioner has sought for the issuance of writ of mandamus, commanding the Chairman Birbhum District School Council to issue letter of appointment for the post of assistant teacher in any primary school under the said Council.2. The backdrop of the case is that the petitioner passed secondary school examination in the year 1991 from Bihar School Examination Board, Patna in first division and subsequently passed the primary teachers training final examination in the first division. The petitioner enrolled his name in the employment exchange and a call letter was issued for appointment to the post of assistant teacher by the said Birbhum District Primary School Council. The writ petitioner submitted all the relevant documents. It was subsequently found that the marksheet of the secondary school examination issued to the writ petitioner by the Bihar School Examination Board, Patna contains a total marks of 98 in natural science group but the same does not tally with the marks...
Asraf Ali. Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. The writ petitioner challenged an action of the respondent authorities in not revoking suspension order dated 21.1.2004. The case made out in the writ petition is that the petitioner is an approved Assistant Teacher of Ararbegia Primary School, District Nadia since 1980. A criminal case under Kaliganj Police Station being Kaliganj P.S case no. 115/2003 was initiated on 19.7.2003 and the petitioner was taken into custody on 20.7.2003 and was released on bail on 16.10.2003. The said police case was initiated under 364, 302/34 of the Indian Penal Code and also under section 25/27 of the Arms Act. The suspension order was passed on 21.1.2004 with a clear stipulation to have its effect retrospectively from 20.7.2003. The petitioner was found guilty in the said criminal proceeding and was convicted. An appeal preferred against the said order of conviction is still pending. The petitioner is released on bail. The grievance raised by the petitioner in the instant writ application is that in...
Sri Paritosh Bhowmick Vs. Sri Nandadulal Kar at Goswami
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. This second appeal is directed against judgment and decree dated 22.03.2002 and 26.03.2002 respectively passed by learned Civil Judge (Senior Division), Tamluk, Midnapore (East) in Other Appeal No.12 of 2001 affirming the judgment and decree dated 23.02.2001 and 03.03.2001 respectively passed by learned Civil Judge (Junior Division), 3rd Court Tamluk in Other Suit No.174 of 1995.2. Admitted facts of this case as it appears from the record as well as from the submission of learned advocates may be summarized as follows:-3. The appellant/defendant was inducted as a tenant in the suit premises by respondent /plaintiff /landlord on the basis of an agreement dated 1st of Baisak, 1400 B.S. As per agreement the defendant will occupy the tenanted portion till Chaitra, 1401 B.S. on payment of rent against receipt. There were other terms in the said agreement which bears signature of appellant /defendant/tenant. After expiry of Chaitra, 1401 B.S. defendant continued to possess the suit premis...
Banwarilal Jalan Vs. Pramod Kumar Jalan
Court: Kolkata
Decided on: Jan-25-2011
1. This appeal is at the instance of an executor in a proceeding for grant of Probate where the Probate has already been granted and is directed against an order dated 10th December, 2010 passed by a learned Single Judge of this Court by which His Lordship disposed of two applications, one filed by the executor for direction under Section 302 of the Indian Succession Act, and the other, filed by the legatees for removal of the executor. 2. By the order impugned in this appeal, the learned Single Judge was of the view that although the conduct of the executor would warrant his immediate removal, a chance should be given to the executor to carry out the mandate of the testator in respect of the particular item of the bequest within a period of four weeks from the date of the order, and in default, liberty was given to the grandson/legatee of the testator to seek the immediate removal of the executor. The learned Single Judge directed the executor to give effect to that part of the beques...
Dipti Bhattacharya and ors. Vs. Smt. Jyotsna Bhattacharya and ors.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. Challenge is to the order dated April 19, 2005 passed by the learned Civil Judge (Senior Division), Purulia in Title Suit No.121 of 2003 thereby allowing the petition of the plaintiffs dated February 17, 2005 directing the defendants to produce the original deed of gift dated October 30, 1996. The short fact is that the plaintiffs/opposite parties instituted a suit being Title Suit No.121 of 2003 against the petitioners for declaration of title, partition, injunction and consequential reliefs before the learned Civil Judge (Senior Division), Purulia. The petitioners are contesting the said suit by filing a written statement. They have specifically contended that by a registered deed of gift dated October 30, 1996, the defendants nos.1 & 2 acquired right, title, interest and possession in the suit property. The petitioners filed a counterclaim under Order 8 Rule 6A of the Code of Civil Procedure praying for eviction of the plaintiff no.1 in respect of the room, as described in schedu...
Manish Chandra Sarkar. Vs. Prodyut Kumar Sinha and ors.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. Challenge is to the order dated April 7, 2010 passed by the learned Civil Judge (Senior Division), Kandi in Misc. Case No.1 of 2009 arising out of the Partition Suit No.127 of 1991.2. The CAN application bearing CAN No.9300 of 2010 being related to minor changes of the main revisional application, is allowed and this application is treated as part of the revisional application. The application is disposed of with such orders.3. The short fact is that the plaitniff/opposite party herein instituted a suit for partition and for other reliefs and the defendant no.11 is contesting the said suit by filing a written statement. At the time of filing of the suit, the plaintiff filed an application for temporary injunction and that application was disposed of directing the parties to maintain status quo. Thereafter, the plaintiff filed an application under Order 39 Rule 2A of the Code of Civil Procedure contending, inter alia, that the defendant no.11 was raising construction in violation of ...
Sk. Najir HossaIn and anr. Vs. Najrul Khan.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. This application is at the instance of the plaintiffs and is directed against the order dated February 15, 2010 passed by the learned Civil Judge (Junior Division), Fourth Court, Howrah in Title Suit No.204 of 2006.2. The plaintiffs instituted a title suit being Title Suit No.204 of 2006 against the opposite party for a decree of eviction against a licensee, damages and other reliefs. The opposite party is contesting the said suit and the said suti is at the stage of settling date for peremptory hearing. At that time, the plaintiffs/petitioners herein filed an application for amendment of the plaint contending, inter alia, that at the time of filing of the suit, they filed an application for temporary injunction and the learned Trial Judge rejected the prayer for temporary injunction. Thereafter, they preferred a misc. appeal which was dismissed by the learned lower appellate Court. Being inspired by such order, the defendant/opposite party herein started construction on the suit pr...
Collector, West Bengal Industrial Infrastructural Development Corporat ...
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. Challenge is to the order dated October 13, 2003 passed in L.A. Case No.HAD-001/2003-2004 passed by the Collector under the West Bengal Industrial Infrastructure Development Corporation Act, 1974 cum the Chief Executive Officer, Haldia Development Authority and the judgment dated December 23, 2008 passed by the learned Additional District Judge, First Court, Tamluk in L.A. Misc. Appeal No.317 of 2004.2. Challenge is over the quantum of compensation relating to land acquisitioned by the Haldia Development Authority. Before acquisition notice was issued upon the opposite party of that proceeding directing that all the interested parties might file their objection, if any, within a certain period from the date of receipt of the notice. The proceeding for acquisition was taken up accordingly. Date of hearing was fixed on October 13, 14 and 15 of 2003 upon due notice. The parties produced the deeds in respect of the claim and counter-claim. Ultimately, the concerned authority assessed th...
Sm. Hasyabala Banik. Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. The aforesaid two writ applications were ordered to be taken up analogously as the point involved in these writ applications are common.2. The husband of the writ petitioner was appointed as a teacher in Netaji Siksha Mandir R.P. School, Badamtola Palta, Dt. North 24 Parganas. Subsequent to the appointment he was promoted to the post of A category head teacher and thereafter competed the refresher course of basic training. The service of the deceased teacher was subsequently approved as head teacher in category A w.e.f. 20th December 1958. The said deceased teacher all along received all the payment as A category teacher till he died on 10th September 1971. The writ petitioner made an application on 6th October 1971 for extending the family pension. In the mean time a scheme was framed by the State of West Bengal namely West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement-Benefit) Scheme, 1981 (hereinafter referred as DCRB Scheme 1981) which ...
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