Kolkata Court March 2011 Judgments
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Arya Samaj, Kolkata and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-01-2011
1. W.P. 1163 of 2008 dated July 1, 2008, is at the instance of Arya Samaj and its Secretary as well as by the Managing Committee of Raghumal Arya Vidyalaya (hereafter the said Institution) and the Secretary thereof. 2. It has been claimed therein that the said Institution is a minority institution. The State Government had accepted the said Institution as a minority institution by granting Special Rules for the management of Secondary Schools established and run by Arya Samaj and/or Gurukul Vidyalaya Trust, under the aegis of Arya Pratinidhi Sabha of the State (Representative Body of Arya Samajes in the State) (hereafter the Special Rules). The Special Rules were framed in exercise of power conferred by Rule 33 of the Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 (hereafter the Management Rules) on the application of Arya Pratinidhi Sabha, Bengal and Assam on behalf of a class of institutions to which provisions of Article 30 of the Constitution a...
Apeejay Surrendra Park Hotels Ltd. Vs. Ms. Kwality Restaurant.
Court: Kolkata Appellate
Decided on: Mar-01-2011
1. This application is at the instance of the plaintiff and is directed against the order dated February 8, 2010 passed by the learned Judge, Small Causes Court, Fourth Bench, Calcutta in Ejectment Suit No.33 of 2001 thereby rejecting an application under Order 39 Rule 7 of the Code of Civil Procedure.2. The plaintiff/petitioner herein instituted a suit for ejectment of the premises in suit against the defendant/opposite party herein in respect of the premises in suit, as described in the schedule to the plaint on the ground of own use and occupation. The defendant/opposite party herein entered appearance and it is contesting by filing a written statement thereon. Previously, the plaintiff filed an application under Order 39 Rule 7 of the C.P.C. for inspection of the suit premises but that application was rejected. Subsequently, the petitioner filed another application for local inspection of his own premises under occupation and that application was rejected by the impugned order. Bei...
Mr. Mohammed Rafique at Rafik Shaikh Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Mar-01-2011
1. The moot question involved in this litigation is whether the Court is entitled to allow the parties to settle a dispute resulted in a criminal proceeding in respect of a cognizable offence and, if so, in what circumstance the precedents on the issue differ from case to case, however the majority view is in favour of the proposition.2. Md. Rafique, the petitioner above named was the proprietor of M/s. Euro International. Md. Akram, Md. Koya and Anwar were also part of the said organization. The respondent no.2 V. Jayachandra lodged a complaint with the Police on December 10, 2004 at Karaya Police Station, Kolkata as against them. According to the said complaint, Jayachandra was associated with M/s. Sky Link Tours & Travels, Vellore, Tamil Nadu. Rafique contacted him and introduced himself as proprietor of M/s. Euro International. He had contacts with Government of India to send three hundred persons of different categories of job for Caspine Petroleum Project at Azarbijun and offered...
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