Kolkata Court August 2012 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Nepal Chandra Paria and Others Vs. Smt. Sushila Dinda and Others
Court: Kolkata
Decided on: Aug-14-2012
Tarun Kumar Gupta, J. This second appeal is directed against judgment and decree dated 22nd of December, 1992 passed by learned Additional District Judge, Midnapur in Title Appeal No.86 of 1982 reversing the judgment and decree dated 30th September, 1991 passed by learned Additional Munsif, Garhbeta, Midnapur in Title Suit No.9 of 1990. The appellants as plaintiffs filed said suit for partition in respect of ‘Ka’ schedule property and for declaration of title and permanent injunction in respect of ‘kha’ schedule property. The plaintiffs’ case may be summarized as follows:- One Ashidari had 1/4th share in ‘ka’ schedule property and full share in ‘kha’ schedule property. After death of Ashidari his wife Kampabala inherited and possessed said properties as his only legal heir. While Kampabala was in possession of said property she sold out the same to the plaintiffs by a registered sale deed dated 29th of January, 1960 and that since t...
Bhagyraaj Vyapaar Pvt. Ltd. and Others Vs. Regional Director Ministry ...
Court: Kolkata
Decided on: Aug-14-2012
Ashim Kumar Banerjee, J. The four companies named above agreed to enter into a scheme of amalgamation by which Saffron, Promai and Jalaram agreed to merge with Bhagyraaj. The scheme was framed under Section 391 of the Companies Act, 1956. The Company Judge dispensed with holding of meetings of the shareholders to ascertain their wish as all the shareholders consented to the scheme to be amalgamated as annexed to the said application. Accordingly, an advertisement was published inviting all concerned connected with this company to support or oppose the scheme to appear before His Lordship at the time of final sanction of the same. Central Government was also served through the Regional Director, Company Law Board. When the application came up for final sanction, His Lordship gave direction for filing affidavit by the Central Government. The Central Government initially filed affidavit stating that the Company was not co-operating by replying to all the queries made to them. As a result,...
Sahidan Bibi and Others Vs. M.D. Saukat Ali and Others
Court: Kolkata
Decided on: Aug-13-2012
Tarun Kumar Gupta, J. The contesting defendants are the appellants against this judgment of reversal. Respondent Nos. 1 to 3 as plaintiffs filed a title suit being Title Suit No.210 of 1981 in the Court of learned Munsif, 3rd Court at Howrah, against the present appellants as defendant Nos. 1 to 6 and also against proforma respondents as defendant Nos. 7 to 9 for recovery of possession of the suit premises by evicting the defendants’ licensees on revocation of the licence and also for damages. The plaintiffs’ case, in short, is that their father Md. Hanif took settlement of the suit land in thika tenancy from the then landlord and constructed a house thereupon having holding No.30/4, Munshi Noor Mohammad Lane, P. S. Howrah. In 1952, the then landlord filed a case bearing No.117 of 1952 under Section 5 of the Calcutta Thika Tenancy Act praying for eviction of Md. Hanif form the suit land. During pendency of the suit, Md. Hanif died in 1954 leaving behind his illiterate widow...
Sailendra Nath Pal Vs. the Agri Horticulture Society of India
Court: Kolkata
Decided on: Aug-13-2012
Agri Horticultural Society of India was a society registered under the provisions of the West Bengal Society Registration Act, 1961. It was maintaining a huge garden in the southern part of the city of Calcutta principally espousing the case of agriculture and horticulture. It had a florist shop having an independent entry from the main road measuring about 350 square feet. In or about 1993 the society intended to engage someone to run the said shop inter alia selling the products of the society. It was agreed that the person would be engaged on commission basis on the terms and conditions stipulated in the agreement dated December 14, 1993 entered into with him. Accordingly, an agreement was entered into entrusting the appellant to look after the said shop on the terms and conditions stipulated therein. The agreement was initially for 13 (thirteen) years with option for renewal for the identical period. The terms and conditions as would appear from the agreement would inter alia provi...
Sanaka Ghosh and Others Vs. Astam Chandra Ghosh
Court: Kolkata
Decided on: Aug-13-2012
Tarun Kumar Gupta, J. The defendant tenant is the appellant against this judgment of reversal. The respondent as the plaintiff filed a suit being Title Suit No.153 of 1989 against the defendant in respect of the suit shop room on the grounds of default in payment of rent at the rate of Rs.100/- per month from Kartick, 1386 B. S., causing damages to the suit property as well as reasonable requirement of the same. It is further case that plaintiff sent a lawyer’s notice to quit dated 31.07.1989 to the defendant tenant under registered post with A/D and that defendant received said notice by putting his L. T. I. thereupon but in spite of receipt of said notice he did not vacate the suit premises by the end of Bhadra, 1396 B. S. and hence was the suit for eviction. The defendant tenant contested said suit by filing a written statement alleging inter alia that plaintiff was not the sole landlord and that rate of rent was Rs.25/- per month and that plaintiff earlier brought a suit bein...
Utc Management Pvt. Ltd
Court: Kolkata
Decided on: Aug-13-2012
This application under Section 439(2) of the Cr. P. C. has been filed by U.T.C. Management Pvt. Ltd. praying for cancellation of bail granted to the opposite party No.2 Somnath Mukherjee on 8.6.2011 by the learned Chief Judicial Magistrate, 24-Paraganas, South at Alipore in connection with Chetla Police Station Case No.120 of 2010 dated 9.11.2010. The petitioner filed a petition of complaint in the Court of the learned Chief Judicial Magistrate, 24-paraganas, South, Alipore on 12.10.2010 against the opposite party No.2, Somnath Mukherjee andone Arif Bashir Iqbal for prosecuting them under Section 406/419/420/468/471/120B of the I.P.C. The said petition of complaint was sent to the local Police Station under Section 156 (3) of the Cr. P. C. by the learned Magistrate and accordingly, Chetla Police Station Case No.120 of 2010 dated 9.11.2010 was startedunder the abovementioned sections against the two accused personsincluding the opposite party No.2. The opposite party no.2 was arrested b...
Hindusthan Copper Ltd Vs. M/S. Integral Construction Company India Oth ...
Court: Kolkata
Decided on: Aug-13-2012
Ashim Kumar Banerjee, J. Hindustan Copper Limited, the appellant above named, is a wholly owned Government Company, principally, working in the field of excavation of copper and copper ore and deal with metals including copper, lead, zinc etc. They entered into an agreement with the respondent for excavation of copper ore in the State of Madhya Pradesh. The respondent executed the work and, from time to time, submitted running bills, those were paid. The final bill that was raised, is appearing at page 17 of the paper book. We find from the billing summary, a sum of rupees twenty three crores thirty two lacs fifty six thousand seven hundred sixteen was billed for the cumulative value of work done by the respondent. After taking into account the running bills, a sum of rupees six crores twenty two lacs became due and payable which would come to six crores ninety eight lacs after adding the Service Tax and giving credit to the sums paid on that account, a sum of rupees one crore forty ni...
Niloy Modak Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-13-2012
Raghunath Bhattacharya, J. 1. This appeal is directed against the judgement and order of conviction passed by Sri Bibek Chaudhuri, Additional District and Sessions Judge, Fast Track Court, Kalna, thereby convicting the appellant Niloy Modak for commission of the offence under Section 363 I.P.C. and sentencing him to suffer R.I. for five years and also to pay fine of Rs. 1,000/- I.D. to undergo S.I. for three months. Rest of the accused namely Apurba Biswas and Rebati Modak are acquitted from the charge under Section 363/366 I.P.C. 2. A thumbnail sketch of the prosecution case in brief is that Mampi Shikari a resident of Samudragarh, a teenaged girl lodged a written complaint to the local P.S. stating inter alia that on 21.09.2006 Niloy Modak accused cum covillager induced her and pretended that he used to love her. On 21.09.2006 in the noon Niloy took her to the Red Light area of Kadamtala at Kalna for some immoral purpose. Defacto complainant Mampi Shikari understood his illegal motiv...
M/S. National Highways Authority of India Vs. M/S. B. Seenaiah and Com ...
Court: Kolkata
Decided on: Aug-13-2012
Ashim Kumar Banerjee, J. This appeal would arise out of an order of the learned District Judge declining to interfere with the award published by the arbitrator. Facts would depict, the National Highway Authority of India, the appellant above named, entrusted the work to the respondent for construction of widening to 4/6 lanes and upgrading of the existing two lane roads in NH-60 in the State of West Bengal from Laxmannath to Kharagpur. The work would value rupees three hundred twenty nine crores. The dispute arose between the parties that were referred to Dispute Review Board where the same could not be resolved. It was thus referred to the Arbitral Tribunal. The Tribunal rejected the claims of the respondent save and except claim no.1 and 3. The Tribunal awarded rupees forty three crores fifty six lacs twenty nine thousand in respect of claim no.1 together with interest and rupees five crores twenty lacs one hundred forty against claim no.3 together with interest thereon. The Nationa...
Nitai Sarkar Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-13-2012
Kanchan Chakraborty, J. The challenge in this appeal is to the judgment and order dated 10/11.3.2010 passed by the learned Additional District and Sessions Judge, Special Court, Balurghat, Dakshin Dinajpur in .C.No.94 of 2007 thereby convicting the appellant Nitai Sarkar for committing offence punishable under Section 376 of the I.P.C. and sentencing him to suffer R.I. for 7 years with a fine of Rs.5,000/- The appellant Nitai has assailed the judgment on many fold grounds, such as:- a) that the learned Trial Court failed to appreciate the evidence on record in its true and proper perspective; b) that the learned Trial Court failed to ascertain the fact that at the relevant period of time, the prosecutrix was a major and that she voluntarily taken part in sexual activities within the appellant with the knowledge of everybody; c) that the learned Trial Court failed to appreciate that there was no case of misconception of facts which prompted the prosecutrix to take part in the sexual act...
- ‹ Prev
- 4
- 5
- 6
- 7
- 8
- 10
- 11
- 12
- 13
- 14
- Next ›
- Last »