Court : Kolkata
Reported in : AIR1989Cal80,92CWN1123
A.M. Bhattacharjee, J. 1. Anorder under Section 24, Hindu Marriage Act for maintenance pendente lite and expenses of the proceeding in a matrimonial proceeding is obviously passed to provide the weaker spouse with such fund as may be reasonably necessary for her or his support and for the carriage of the litigation and such an order automatically comes to an end with the termination of the main proceeding in the Court which passes the order. The proceeding being rather summary in nature, the object of the order being ad hoc and the duration of the order being temporary, the approach of the Court to such an order should be ut res magis valeat qnam pereat, to sustain it wherever possible and not to interfere unless intervention is irresistible in law.2. That goes to explain as to why the Amendment Act of 1976 has taken care to make it clear by amending Section 28 of the Hindu Marriage Act that no appeal would be available against any such order, as prior to such amendment there was a vie...
Tag this Judgment!Court : Kolkata
Reported in : AIR1987Cal191,91CWN870
A.M. Bhattacharjee, J.1. This revisional application must be rejected as no jurisdictional issue, which alone can sustain such an application, appears to have been involved. Mr. Somnath Chatterjee, the learned counsel for the petitioner has urged only two grounds in support of the revisional application and both of them appear to us to be without substance.2. The instant application arises out of a matrimonial proceeding initiated by the wife/ opposite party by a petition for divorce of her marriage with the husband/petitioner on various grounds like cruelty, adultery etc. The petition for divorce has been labelled as one both under Section 13 of the Hindu Marriage Act and Section 27 of the Special Marriage Act and the reason for the same appears to be that the marriage between the parties was first solemnised according to Hindu rites under the Hindu Marriage Act and was thereafter also registered under the provisions of the Special Marriage Act. As will appear from the provisions of C...
Tag this Judgment!Court : Kolkata
Reported in : 2009CriLJ1423
ORDERArunabha Basu, J.1. The revisional application under Section 482 of the Code of Criminal Procedure is directed to quash proceeding in connection with G.R. Case No. 846 of 2001, now pending before the Court of learned Metropolitan Magistrate, 7th Court, Calcutta, challenging the entire proceeding initiated against the petitioners herein including the order dated 12-12-2006, whereby and whereunder the learned Court below refused to discharge the petitioners who are arrayed as accused in connection with the charge under Section 498A of the Indian Penal Code.2. The main contention of the petitioners is that they are no way connected with the husband of the de facto complainant either by blood or by marriage and as such their implication in connection with an offence under Section 498A of the Indian Penal Code cannot be sustained in law.3. It is evident from the F.I.R. lodged by O.P. No. 2 that in the month of February, 1995 she was given in marriage with accused Asok Shaw (non-petitio...
Tag this Judgment!Court : Kolkata
Reported in : 95CWN1085,II(1991)DMC227
Bhattacharjee, J.1. A petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce filed by the appellant-husband against the respondent-wife on the ground of cruelty has been dismissed by the trial Court on merits as well as on the ground of the petition having been presented few days before the expiry of one year from the date of the marriage in contravention of the provisions of Section 14(1). My learned brother Banerjee, J. has, for the reasons stated in his judgment hereinafter, upheld the decision of the trial Judge on merits. While I respectfully agree with the view of Banerjee, J. that the petition has been rightly dismissed on merits and that the alleged cruelty by the wife has not been proved. I have my doubts as to whether the provisions of Section 14(1) prohibiting the entertainment of a petition for divorce before the expiry of one year from the date of marriage is that mandatory to require compliance with mathematical precis...
Tag this Judgment!Court : Kolkata
Reported in : AIR1945Cal75
Das, J.1. In this suit the petitioner prayed for a decree declaring that the marriage in fact (but illegally) celebrated between her and the respondent was and is null and void. The respondent not having appeared after personal service of the writ of summons together with a certified copy of the petition this suit came up for hearing as an undefended suit on May 7th last. After hearing the evidence adduced before me I passed a decree on that date declaring that the marriage in question was null and void. Requisition for drawing up of the decree having been furnished a draft of the decree was prepared by the decree department and sent to the petitioner's solicitors for their approval. This draft was drawn up in the same form as such a decree in a suit for nullity of marriage is nowadays drawn up in England, namely in the form of a decree nisi. Mr. Barwell who appeared for the petitioner at the hearing mentioned the matter to me and contended that in a suit for nullity of marriage the Co...
Tag this Judgment!Court : Kolkata
Reported in : II(1997)DMC214
D.P. Sircar-I, J.1. In this criminal revisional application under Section 401 and Section 482 of the Criminal Procedure Code the order dated 27.2.1991 passed by the learned S.D.J.M., Purulia in Misc. Case No. 81 of 89 of his Court has been challenged.2. The present opposite party Kaushalya Majhi filed a petition before the learned S.D.J.M., Purulia against the petitioner in this revisional application Chandra Mohan Majhi @ Hembram under Section 125, Cr. P.C., alleging that Chandra Mohan married heron the 8th paisakh, 1394 B.S. corresponding to 22nd April, 1987, according to Hindu religious rites but subsequently resorted to torture upon her, assaulting her severely and driving her out of his house. Kaushalya prayed for maintenance from Chandra Mohan claiming that Chandra Mohan had sufficient income from cultivation as well as from business in vegetable.3. Chandra Mohan challenged the petition denying flatly that there was any marriage at all between Kaushalya and himself and that he ha...
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal565,64CWN246
P.N. Mookerjee, J.1. In this Rule a short point arises for consideration. The point, however, is of considerable and far-reaching importance and it has assumed some amount or complexity too, due to certain recent judicial pronouncements. The question, involved, is the question of jurisdiction of the learned Additional District Judges, or, rather, the Additional Judges, under the Bengal, Agra and Assam Civil Courts Act and other sister statutes. It covers a wide field and its decision one way or the other, may amount to much for the administration of law in this State, nay, for the entire Union, over the whole of which its reaction may be felt in varying degrees. But for the recent decision of the Supreme Court in the case of Kuldip Singh v. The State of Punjab, : 1956CriLJ781 , the petitioner, who challenges the lower court's jurisdiction in the instant case before us, could have possibly advanced no argument whatsoever. The decisions of this Court, which may have any bearing on the ab...
Tag this Judgment!Court : Kolkata
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak G.A.No.2581 of 2013 C.S.No.116 of 1998 Ghanashyam Das Shah versus The Bengal Bonded Warehouse Association For the Appellants : Mr.Ranjan Deb, Sr.Advocate Mr.Ashish Chakroborty, Advocate Mr.R.L.Mitra, Advocate Ms.Priyanka Dhar, Advocate For the Defendants : Mr.Abhrajit Mitra, Advocate Mr.D.N.Sharma, Advocate Mr.Amitava Das, Advocate Mr.Gaurav Khaitan, Advocate Mr.Debant Mukherjee, Advocate Ms.Pritha Basu, Advocate Heard on : January 6, 2014 Judgment on : January 10, 2014 DEBANGSU BASAK, J. Post commencement of trial the plaintiff applied for amendment of the plaint by way of the present application. Suit was for mandatory and perpetual injunction. The plaintiff claimed tenancy under the defendant in respect of 6,000 square feet in the second floor of a building situate at premises No.25, Netaji Subhas Road, Kolkata at a monthly rent of Rs.1,700. The plaintiff averre...
Tag this Judgment!Court : Kolkata
Reported in : AIR1989Cal115,93CWN79,I(1990)DMC145
A.M. Bhattacharjee, J. 1. Theappellant-husband petitioned against the wife-respondent in court below for dissolution of the marriage on the ground of her alleged mental disorder and the petition having been dismissed, the husband has preferred this appeal to this Court. But both the parties have now filed a joint-petition before us praying that the marriage between them may be dissolved by a decree of divorce on compromise on the terms and conditions contained therein. The question that has accordingly arisen for our consideration is whether such a course is permissible under the provisions of the Hindu Marriage Act, 1955.2. Under Section 21 of the Hindu Marriage Act, ''all proceedings under this Act shall be regulated, as far as may be, by the Civil P.C.',which would accordingly include Order 23, Rule 3 of the Code, providing for compromise of suit. But as indicated in Section 21 itself in its opening words, the Civil P.C. would apply 'subject to the other provisions contained in this...
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal517,1958CriLJ1178
B.K. Guha, J.1. This is an appeal by Makhan Lal Sen Gupta against his conviction under Section 409 of the Indian Penal Code by Mr. D. N. Chakladar, Judge, Special Court, Burdwan, He was sub-post master at Asansol Railpar Sub-Post Office on 30th July, 1952, and he was there from some time before that. In that Sub-post office there was no other officer. According to the prosecution version, on 30th July, 1952, P. W. 1 Barada Charan Chakrabarty who was then Inspector of Post Offices, Asansol Subdivision, inspected the Sub-post office in the presence of the accused. Verification of cash and stamps was the first item of inspection shortly after 4 P. M. On actual verification the Inspector found cash of Rs. 19-15 annas, postage stamps worth Rs. 156-4-3 pies, revenue stamps worth Rs. 19/- and National Savings Stamps worth Rs. 24/-, in all Rs. 210-3-3 pies showing a shortage of Rs. 316-4-9 pies. The Sub-post master could not account for the shortage. The first count of the charge under Section...
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