Kolkata Court May 2012 Judgments
Swadesh Ranjan Misra Vs. Sisir Chakraborty and Another
Court: Kolkata
Decided on: May-17-2012
Sambuddha Chakrabarti, J. This application under Section 227 of the Constitution of India is directed against order no. 36, dated June 28, 2011 passed by the learned Civil Judge (Senior Division), 5th Court at Alipore in Miscellaneous Case No. 15 of 2011, Title Execution Case No. 2 of 2008. By the said order the learned Trial Judge had dismissed an application under Section 47 of the Code of Civil Procedure filed by the petitioner herein. The case made out by the petitioner is that he had purchased a flat under a co-operative society which is the opposite party no. 2, jointly with his mother, since deceased, from the West Bengal Housing Board. Subsequently, there was an unregistered agreement, dated November 11, 2002 to transfer the said flat to the opposite party no. 1. Pursuant to such agreement the concerned co-operative society accepted the opposite party no. 1 and the opposite party no. 2 had taken possession of the said flat. The petitioner alleges that the opposite party no. 2 h...
Tag this Judgment!Jai Hind Pvt. Ltd. Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-17-2012
PRANAB KUMAR CHATTOPADHYAY, J. In the instant application, petitioner has challenged the judgment and order dated 31st March, 2010 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 1463 of 2009 whereby the learned Tribunal has been pleased to dismiss the aforesaid application filed by the petitioner herein. In the aforesaid application, petitioner company inter alia prayed for the following orders. (a) an order directing the Respondent authority to accept the amount tendered by the Petitioner Company on account of land revenue and cesses etc ; (b) an order directing BL and LRO, being Respondent No. 4 herein, to issue certified copies of the relevant Record-of-Rights in respect of the lands already recorded as retained lands of the petitioner Company. During the pendency of the aforementioned application before the learned Tribunal, State Respondents on their own supplied the certified copies of Record-of-Rights. Before proceeding further, relevant facts are briefl...
Tag this Judgment!Rishra Steel Limited (In Liquidation) and Deccan Traders Private Limit ...
Court: Kolkata
Decided on: May-17-2012
ASHOKE KUMAR DASADHIKARI, J. This application being C.A. No.765 of 2011 has been filed by the auction purchaser Company viz. Gourinandan Real Estate Private Limited having its registered office at 71, B.R.B. Basu Road, 5th floor, Kolkata – 700001, for the following orders, as mentioned in the Judges Summons taken out on 9th day of August, 2011:- “a) The Official Liquidator, High Court Calcutta be directed to make enquiries/further enquiries with regard to the proceeding pending before the Sub- Divisional Land and Land Reforms Officer, Srirampur, Hooghly to the land of Rishra Lteel Ltd. (In liquidation); b) The Official Liquidator, High Court Calcutta be directed to file a report before this Hon’ble Court pertaining to the status regarding marketability of the land of Rishra Steel Ltd. (In liquidation). c) The order dated 15.07.2011 passed by this Hon’ble Court be modified to the extent that the Applicant/Purchaser be granted time to deposit the balance sum of R...
Tag this Judgment!Smt. Rinku Saha Vs. the State of West Bengal
Court: Kolkata
Decided on: May-17-2012
Joymalya Bagchi, J. This application under Section 482 of the Code of Criminal Procedure, 1973 is directed against the proceeding in E.C.G.R. Case No. 2 of 2010 pending before the Court of the learned Additional Chief Judicial Magistrate, Tufanganj arising out of Buxirhat Police Station Case No. 10 of 2010 dated 30.01.2010 under Section 7(1)(a)(ii) of the Essential Commodities Act. On 31.01.2012 one Kalyan Ghosh, Sub-Divisional Controller (Food and Supplies) Cooch Behar lodged a complaint with Officer-in-Charge, Buxirhat Police Station resulting in the registration of Buxirhat Police Station Case No. 10 of 2010 dated 30.01.2010 under Section 7(1)(a)(ii) of the Essential Commodities Act. The gist of the allegations in the first information report are as follows : On 30.01.2010 at 10 hours a raid was conducted at Joraimore, P.S. Buxirhat when it was found that a truck bearing No. AS-17/8636 was proceeding with 160 quintals of rice in 322 bags as per Cash Memo/Chalan No. 148 dated 29.01.2...
Tag this Judgment!Tatai Mondal Vs. the State of West Bengal
Court: Kolkata
Decided on: May-17-2012
Joymalya Bagchi, J. This application under Sections 397/402 read with Section 482 of the Code of Criminal Procedure Code, 1973 has been filed for quashing of a proceeding in G.R. Case No. 243/2008 arising out of Mayureswar P.S. Case No. 44 dated 01.05.2008 under Sections 376/306/493 of the Indian Penal Code. The contention of the petitioner is that the allegations in the impugned charge-sheet does not disclose the essential ingredients of the alleged offences. The factual matrix resulting in the initiation of the criminal proceeding which is as follows : That on 01.05.2008 the de facto complainant Nirmal Sarkar, the father of the victim girl, Seuli Sarkar, lodged a written complaint with the Inspector-in-Charge, Mayureswar P.S. alleging that for the last one and half years the petitioner on the false promise of marrying the victim girl had deceitfully procured her consent to cohabit with her at various places on repeated occasions. On 27.04.2008 the petitioner bluntly refused to marry ...
Tag this Judgment!Sk. Shabajan Molla Vs. Akbar HossaIn and Others
Court: Kolkata
Decided on: May-17-2012
The two second appeals being S.A. No.36 of 1984 and S.A. No. 37 of 1984 have been heard together. The facts of the case, briefly, are as follows: The respondent No.1 in S.A. No.36 of 1984 (Akbar Hossain) as plaintiff filed title suit No.18 of 1975 which was subsequently re-numbered as title suit No. 71 of 1981 before the learned Trial Court concerned against the appellant in both the second appeals and against one Abdul Aziz. In such suit the respondent No.1 prayed for a decree for pre-emption of the 17 gondas, 3 karas and 1 kranti share of the appellant in both the second appeals, that is, Sk. Shabajan Molla in respect of the premises No. 7A, Tiljala Lane (Eastern Portion), now numbered as 7C, Tiljala Lane, P.S. Karaya, District 24-paraganas which was sold by the said Abdul Aziz to the said Sk. Shabajan Molla. The case of the said Akbar Hossain was that the said Akbar Hossain and Abdul Aziz were co-shares in premises No. 7A, Tiljala Lane in which the said Abdul Aziz had only 17 gondas...
Tag this Judgment!Smt. Premlata Biswas Vs. Sri Debdas Biswas and Others
Court: Kolkata
Decided on: May-17-2012
ASHIM KUMAR BANERJEE, J. Debdas Biswas and Bipradas Biswas filed a suit in 2004 against Smt. Premlata Biswas, Adhir Ranjan Haldar and Namita Haldar, inter alia, claiming for a declaration that the suit property comprised of 2.92 acres as fully described in the schedule should be declared as belonged to the plaintiffs with a corresponding prayer for demarcation of the land in question through a joint survey with the defendants. The defendants filed Written Statement denying the ownership as claimed by the plaintiffs over the land in question that became the subject matter of dispute. If we look back, we would find that Bilat Mondal, Rajab Ali Mondal, Kachhim Mondal, Ichhab Mondal, Taleb Mondal, Chiyam Mondal, Ahad Mondal, Majid Mondal and Phani Bibi were the owners of the land in question as per C.S. record. Majid, Phani, Chhiyam, Ichhab and Kachhim transferred their shares through oral sale in favour of Bilat Ali, Rajab Ali, Rakhal Mondal and Taleb Mondal. Accordingly, the transferees ...
Tag this Judgment!Smt. Monika Kahali Vs. Astik Moni Das and Others
Court: Kolkata
Decided on: May-17-2012
Prasenjit Mandal, J. This application is at the instance of the judgment debtor and is directed against the order dated October 1, 2007 passed by the Hon’ble State Consumer Disputes Redressal Commission (hereinafter referred to as “State Commission”) in Execution Case No.13 of 2006 arising out of State Commission Case No.197/0/95. The opposite party no.1 preferred an application under Section 17 of the Consumer Protection Act, 1986 being the State Commission Case No.197/0/95 praying for directing the respondents to hand over possession of a flat in question in favour of the petitioner, alternatively, for a direction upon the respondents to pay a sum of Rs.6,29,000/- and other consequential reliefs. In that complaint, by a majority decision of the State Commission, the opposite party no.1 was directed to negotiate for amicable settlement of the dispute by a mutual discussion with the respondent no.s 1 and 2 or may approach to the civil Court, if he so chooses for his r...
Tag this Judgment!Sri Mrinal Kanti Panda Vs. Sri Tapan Kumar Kamila and Others
Court: Kolkata
Decided on: May-16-2012
Ashim Kumar Banerjee, J. The plaintiff, the respondent above named filed a suit against the appellant for specific performance of a contract whereby the father of the appellant sought to agree to sell the subject property to the respondent at and for a sum or Rs.1.5 lacs. It was also asserted that a sum of Rs.70001/- had already been paid on April 12, 1995 as and by way of part consideration. His father agreed to sell it as he was in acute need of money for maintenance of his own dwelling house. After the death of the father of the appellant, respondent filed the suit being Title Suit No.26 of 2005 as against the appellant for specific performance of the said contract. The appellant filed written statement denying the agreement for sale as also part consideration. The appellant denied the signature purported to be appearing on the said document stated to be of his father. The appellant also denied the signature of the witnesses including the one said to be his signature appearing in th...
Tag this Judgment!Saroj Jhunjhunwala and Others Vs. the State of West Bengal and Another
Court: Kolkata
Decided on: May-16-2012
Kanchan Chakraborty, J: 1) These two applications under Section 482 of the Code of Criminal Procedure have been taken out for quashing the proceedings being C.G.R. 265/2009 pending in the Court of learned Chief Judicial Magistrate, Alipore South 24 parganas arising out of Balygunge police station case no. 9 of 2009 dated 20.1.2009 under Section 420/120B of the IPC. Since in both the applications, quashing of a particular proceedings has been sought for on common causes, they are disposed of together by the following order. 2) One Rohit Shroff filed a petition of complaint in the Court of learned C.J.M., Alipore on 21.1.2009 and the same was referred to Balygunge police station under Section 156 (3) Cr.P.C. for investigation and submit report. On the basis of said F.I.R., the Balygunge police station case no. 9 of 2009 dated 20.1.2009 was started against the petitioners. Rohit Shroff, in his petition of complaint, contended that his family members were in urgent need of a specious offic...
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