Kolkata Court April 2011 Judgments
Abhijit Jana Vs. Union of India, Through the Secretary and Others
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Apr-18-2011
Lt. Gen. K.P.D. Samanta, Member (Administrative) 1. The petitioner, Abhijit Jana, was enrolled in the Indian Army, in the Mechanized Infantry Regiment, Ahmednagar, on 24th March 2001 and was discharged on 7th January 2006 on medical grounds after due recommendation of an Invalidation Medical Board. His discharge was under Army Rule 13(2) (iii). 2. The petitioner was suffering from a neurotic disorder diagnosed as 'Left Frontopaarietal Parafalcine Cavernous Hameangiomai, (OPTD) (clotting of blood at left side of brain), for which he was operated upon on 02 April 2002 as per medical records. He did not improve from this disease and had to be finally discharged from service. During his period of service that was little over five years, he was mostly in hospital for treatment or on sick leave to recuperate on account of his illness. The details of his service, as mentioned in Paragraph h 4(ii) of the affidavit-in-opposition, indicate that soon after his enrolment in March 2001, he remained...
Tag this Judgment!Birla Corporation Ltd. Vs.
Court: Kolkata Appellate
Decided on: Apr-13-2011
1. An application made by the sub-tenant (hereafter the petitioner) praying for its addition as party defendant in Ejectment Suit No.165 of 2006 instituted by the landlord (hereafter the opposite party no.1) against the tenant (hereafter the opposite party no.2) has been rejected by order dated September 20, 2010 of the trial Court. Propriety of the said order is questioned in this application under Article 227 of the Constitution of India dated November 29, 2010. 2. Mr. Mukherjee, learned senior counsel representing the petitioner contended that from the materials on record it is clear that there is collusion between the opposite parties 1 and 2 and, therefore, the trial Court erred in law in rejecting the application for addition of party. He invited the Courts attention to an application filed by the opposite party no.1 under Order XII Rule 6 of the Code of Civil Procedure (hereafter the Code) read with Section 151 thereof. According to him, a judgment and decree on admission for r...
Tag this Judgment!Keloni Murmu and ors. Vs. Smt. Debubala Das and anr.
Court: Kolkata Appellate
Decided on: Apr-13-2011
1. The petitioners predecessor-in-interest, Radhika Murmu, was one of several defendants in Title Suit No.89/2007, pending on the file of the learned Civil Judge (Junior Division), 3rd Court, Asansol, Burdwan, instituted by the opposite party nos. 1 and 2. It is a suit for declaration of title and permanent injunction, alternatively for partition of disputed land by metes and bounds. 2. On the death of Radhika Murmu, the petitioners have been substituted in his place and stead. In course of progress of the suit, the defendants/petitioners filed five copies of photographs for exhibiting the same as secondary evidence. For the purpose of identification, the photographs were marked X to X-4. The photographer, Mr. Anil Kumar Das, was witness no.4 for the defendants/petitioners. He had deposed on September 2, 2008 to the effect that the negatives of the photographs (X to X-4) are not in existence, having been destroyed by burning after preservation for one year. 3. A petition was filed on...
Tag this Judgment!Sri Nimai MayrA. Vs.
Court: Kolkata Appellate
Decided on: Apr-13-2011
1. The petitioner is the defendant in T.S. 72 of 2001, pending on the file of the learned Civil Judge (Junior Division), 3rd Additional Court at Alipore. It is a suit for ejectment and damages. 2. Exercising his right conferred by Section 17(2) and (2A) of the West Bengal Premises Tenancy Act, 1956 (hereafter the WBPT Act), the petitioner filed an application claiming determination as to whether relationship of landlord and tenant between the plaintiff and the defendant exists or not, and in the event of the Court finding that the relationship of landlord and tenant does exist between the parties to the suit, to determine the quantum of dues on account of rent payable by the petitioner and to grant him easy instalment for liquidating the same. 3. The application was opposed by the plaintiff, opposite party herein, by filing a written objection. 4. By an order dated December 4, 2008, the application was disposed of by the trial Court on contest. It was held therein that though relations...
Tag this Judgment!Md. SahauddIn Ahamed. Vs. Sk. Jamiruddin.
Court: Kolkata Appellate
Decided on: Apr-12-2011
1. This application is at the instance of the plaintiff and is directed against the order dated June 21, 2010 passed by the learned Civil Judge, (Junior Division), Third Court, Howrah in Title Suit No.128 of 2004 thereby directing the plaintiffs to file the original rent receipts. The short fact is that the plaintiff instituted the said suit being Title Suit No.128 of 2004 praying for a decree of eviction on the ground of default, reasonable requirement, sub-letting, addition, alteration and etc. against the defendant/opposite party before the learned Civil Judge, (Junior Division), Third Court, Howrah. 2. The defendant/petitioner is contesting the said suit by filing a written statement. After appearance, the defendant filed an application under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997. The application under Section 7(2) of the 1997 Act was disposed of by the learned Trial Judge and then a revision application was preferred by the petitioner. That revision a...
Tag this Judgment!Nemai Chand Pal. Vs. Nader Chand @ Prabhat Pal and ors.
Court: Kolkata Appellate
Decided on: Apr-12-2011
1. These two applications are directed against the order nos.20 dated May 17, 2007, order no.2 dated February 16, 2005 and order no.21 dated May 29, 2007 passed by the learned District Judge, Hooghly in Misc. Case No.141 of 2004 thereby holding that the misc. case is maintainable and rejecting an application for amendment of the misc. case. The two applications have arisen out of the orders as stated above at the instance of the rival parties one against the others, and as such, they are disposed of by this common judgment. 2. For convenience, I am discussing the C.O. No.3211 of 2007 first. C.O. No.3211 of 2007 This application is at the instance of the petitioner of the Misc. case and is directed against the order no.21 dated May 29, 2007 thereby rejecting an application for amendment of the petition. The short fact is that the petitioner filed an application under Section 11 read with Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 praying for cancellation of the agr...
Tag this Judgment!Paharpur Cooling Towers Limited and anr. Vs. State of West Bengal and ...
Court: Kolkata Appellate
Decided on: Apr-12-2011
1. Mr. Mitra appearing for the petitioners has prayed for leave to move this art.226 petition as an unlisted motion. Though no case has been stated why the petitioners should be permitted to move the petition as an unlisted motion, Mr. Mitra has submitted that since the petitioners require supply of police guards at their expense immediately so that they may run their factory smoothly and notice of the petition has been given to the State and the private respondents who are represented by their respective counsel, this Court should permit the petitioners to move this petition as an unlisted motion. 2. In view of the above-noted situation, I think it will be appropriate to permit the petitioners to move the petition as an unlisted motion, and hence I grant the leave. After hearing counsel for the parties, I find that the principal grievance of the petitioners is that the Commissioner of Kolkata Police to whom an application dated April 9,2011(at p.132) has been submitted for supply of p...
Tag this Judgment!Great Ocean Enterprise S. a and anr. Vs. the Owners and Parties Intere ...
Court: Kolkata
Decided on: Apr-12-2011
1. In an admiralty suit for sums on account of damage and loss an interim application has been filed for arrest of vessel M.V. Devi Glory-1. The case of the petitioner is that its vessel M.V S.B Queen was anchored at Chittagong on and from 17th May, 2010 for discharging of cargo. Such discharge commenced from 19th May, 2010. On 29th May, 2010 vessel M.V. Devi Glory-1 collided with M.V. Cebu Star. The chain of the said two vessels got entangled and hit M.V. S.B Queen. This resulted in damage to the vessel of the petitioner for which damage claim the admiralty suit has been filed and arrest is sought of the vessel M.V. Devi Glory-1. 2. From the Radio log of the Chittagong Port Authorities, it will be clear that the said two vessels had lost control of the engine and fallen on the petitioners vessel. The statement of Chittagong Port Authorities on which the owners of the vessel seek to rely is dated 3rd November, 2010 whereas the Radio log relied on by the petitioner is contemporaneous to...
Tag this Judgment!Magma Finance Corporation Limited, Represented by Its Authorized Signa ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Apr-12-2011
Silpi Majumder, Member, J. This appeal has been preferred by the Appellant/ OP against the judgment passed by the Ld. District Forum, Uttar Dinajpur at Raijung on 30.07.2010 in its case no-12/2009, wherein the Ld. Forum below was pleased to allow the complaint exparte against the OP and directed the OP to return the Truck bearing no WB-59/8008 to the Complainant after receiving all the unpaid arrear of EMI without any additional interest within 31st August 2010, otherwise if the OPs are not in a position to return the same, the OP must return the amount with interest as per prevailing banks rate for the vehicle higher purchase, which it has received from the Complainant. The Forum below has also passed an award for a sum of Rs.1,000/- in favour of the Complainant towards compensation payable by the OP and further direction has been made that all the payments would be made within 31.08.2010 from the date of passing of this judgment, failing which the amount would carry interest @ 6% p.a...
Tag this Judgment!No. Ic 59379m Major Arjun Singh Tomar Vs. General Officer Commanding-i ...
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Apr-12-2011
SadhanKumar Gupta, MEMBER (Judicial) 1. This original application has been preferred against the order of maintenance, as passed against the applicant on 4.5.2010 by the respondent No. 1. 2. The case of the applicant is that he married the respondent No. 6, Mrs. Mona Singh Tomar on 22.6.2002. Out of the said wedlock, a male child was born on 23.5.2004. But unfortunately, the said child was suffering from Global Developmental Delay, which needs regular medical treatment. While the respondent No. 6 was staying with the applicant, marital dispute arose due to various family problems. Ultimately, the respondent No. 6/wife left the matrimonial house and started staying with her parents at Mohali, Chandigarh. The applicant tried to persuade the respondent No. 6 to stay in his house but failed. It is the specific case of the applicant that his wife intentionally and without any just excuse, preferred to leave the matrimonial house and is staying with her parents with the child. 3. Subsequentl...
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