Court : Patna
Decided on : Jan-31-2011
..... recoverable from the complainant. after receipt of the notice from the arbitrator, with a copy of the statement of claim, the complainant's karpartas went to calcutta and approach the accused persons. however, the accused persons persuaded him to deposit rs.1,30,000/-, which was paid in cash and draft. after receipt ..... the court is of the opinion that in a civil dispute, the complainant had tried to give a colour of criminal offence and the learned magistrate, acting on such complaint, has committed an error. 9. in the facts and circumstances, the court is of the opinion that order of cognizance is not ..... that accused no.5 had got an order from chief judicial magistrate, araria for providing police protection to him for seizure of the vehicle, which was kept in their custody. subsequently, the complainant came to know that civil court, calcutta, by an order dated 10.11.1995, had appointed one smt. mukti dutta as ..... and to seize the vehicle. accordingly, with the help of police, the seizure was conducted. it was alleged by the complainant that an amount of rs.1,30, ..... receiver to seize the vehicle and said smt. mukti dutta had authorized the accused no.5, an employee of accused no.1/company to act as the authorized agent of the receiver .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-13-2011
..... or occupation in a permanent way, he must not evict without serving the aforesaid notice. all parties concerned including the special officer and the officer-incharge of the local police station are to act on a signed xerox copy of this order on the usual undertaking. 6. on may 5, 2006, the learned special officer pursuant to the above order having dispossessed ..... accepted. b) the ld. special officer be directed to immediately deliver possession of the entire premises no.11, mathur sen garden lane, calcutta- 700006 to such highest offerer in a full vacant condition after acceptance of the offer, with police help if necessary; c) the petitioner as shabait of the trust estate be given liberty to enter into a proper development agreement ..... the special officer to deliver possession of the entire premises in question to the appellant after acceptance of his offer with police help. his lordship while refusing such prayer restrained the appellant and the applicant under section 34 of the act as well as the special officer from transferring or alienating any portion of the building and land appertained thereto to anyone ..... to that to appoint your petitioners younger son chinmoy adhikary to act as a trustee; ii) liberty to given to the shebait of the aforesaid debuttar estate to deal with the present occupiers of 11, mathur sen garden lane, calcutta and to evict the trespassers therefrom with the help of the local police of the jorabagan p.s. and if necessary a special .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Feb-23-2011
..... impugned proceeding has been initiated on the basis of a letter of complaint submitted by the opposite party no.2/complainant before i.c., jadavpore police station, calcutta, on 21.01.2009 alleging therein that his car bearing no. wb 02u/2790 was snatched away by five local goons while it has ..... the petitioner that the petitioner being incorporated under the companies act, 1956, having its office at calcutta, is being represented by sri sachin kumar gupta, deputy manager (legal). jadavpore police station case no. 40 dated 21.01.2009 has been registered for investigation on the basis of ..... for investigation on the basis of the complaint lodged by the opposite party no. 2, the complainant, with the inspector-in-charge of jadavpur police station alleging therein about the commission of offences punishable under sections 341/323/379 of the indian penal code by unknown persons and it has ..... b.g.r. case no. 353 of 2009 pending before the court of learned additional chief judicial magistrate, alipore, and the corresponding proceeding of jadavpore police station case no. 40 dated 21.01.2009 under sections 341/323/ 379 of the indian penal code. 2. it is the case of ..... a letter of complaint lodged by the opposite party no. 2 with the inspector-in-charge of jadavpore police station .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-29-2011
..... the purpose of immediately proceeding to seal the shop room by the name of danish music corner and the hotel by the name of danish hotel at 7, lenin sarani, calcutta 13. the receiver will make an inventory of all items in the shop room and will not permit any item to be removed without previous leave of court. 3. the ..... name of danish music corner and the hotel by the name of danish hotel. 5. the receiver will be entitled to obtain police assistance for such purpose and the deputy commissioner of kolkata police, central through the officer-in-charge of the local police station will render all assistance and ensure that this order is strictly complied with. 6. all parties and the .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-15-2011
..... to discharge the accused by rejecting the complaint. he relied on a decision of this court reported in all india reporter (volume-37) 1950 calcutta page-339(lalmohan singh vs- the king)11. mr.kasem ali ahmed learned counsel appearing for the state adopted the argument made by mr moitra ..... status in the locality which was lowered down in the estimation of right thinking people of the society in view of such act on the part of the military police. hence the accused committed offence under section 441/504/506/427/500 of the indian penal code.4. being aggrieved by ..... committed any crime under the aforesaid provisions he could be prosecuted for such offence. significantly to note that the process server and/or the military police who went to the house of the petitioner were not made accused.15. in my view, the petitioner of complaint was nothing but an ..... the said complaint, mohsena also contended that while her husband was at kalimpong she was occupying her civil accommodation with her son, a school acting boy. she alleged that although the other officers were extended official accommodation, she had to leave the official accommodation and move to her private ..... colonel chowdhury was allotted an official accommodation at tusf view hastings calcutta where he over stayed. the authority issued a notice under section 7(3) of the public premises (eviction of unauthorized occupants) act 1971 issued by the petitioner then acting as estate officer. it was alleged that the petitioner directed the .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-25-2011
..... all the witnesses have categorically stated that the appellants had taken active part in commission of the dacoity dated 28.22005 while they were returning from calcutta by a 407 maruti van after selling handloom sarees. the witnesses have stated categorically that the appellants robbed them at the point of gun and ..... at about 7.15 hours, debendra basak lodged one fir against some unknown persons in amdanga police station alleging therein that on 28.2.2005 while he along nine(9) other businessmen, after selling handloom sarees in calcutta, were returning by a 407 covered van bearing no. wb 51 3648 via barrackpore kalyani ..... who were sailing on the same boat; c) that the learned trial court failed to appreciate the fact that the investigation officer of the case acted illegally by showing the appellants to the witnesses before holding t.i. parade; d) that the learned trial court failed to appreciate that seizure of ..... gopal krishna das, ashok karmakar and ajoy kumar shaw for prosecuting them under sections 395/397 of ipc and 25 and 27 of the arms act. the case was committed to the court of learned sessions judge and ultimately transferred to the court of additional sessions judge fast track 3rd court, ..... boarded on said maruti van and gone towards naihati. 3) on the basis of said fir, amdanga police station case no. 18 dated 28.2.2005 under sections 395/397 ipc with section 25/27 arms act was started. in course of investigation, five(5) miscreants could be arrested. they were placed before .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-19-2011
..... guj 165], pointing out the difference between gift and trust, has held as under:- 16..therefore, in the view of the calcutta high court, transfer contemplated by section 6 of the trusts act not only includes a sale, mortgage, lease, exchange and gift but also includes a vesting declaration. therefore, what a person ..... in the same position as they stood immediately prior to the service of the interim order. 20. in sujit pal a division bench of the calcutta high court has taken the same view. there, the defendant forcibly dispossessed the plaintiff in violation of the order of injunction and took possession of ..... ) ltd., and another, reported in (1996) 4 scc 622, held as under:- 19. to the same effect are the decisions of the madras and calcutta high courts in century flour mills ltd., v. s. suppiah air 1975 mad 270 and sujit pal v. prabir kumar sun. air 1986 cal 220. in ..... the property. the court directed the restoration of possession to the plaintiff with the aid of police. the court observed that no technicality can prevent the court from doing justice in exercise of its inherent powers. it held that the object of ..... earlier publication staying that it had been issued as a warning to the persons indulging in acts, calling them as destroyers of society. the said publication stated about a complaint having been lodged in the police station against complainant no.1 and another who were deceiving people by giving publications in the .....Tag this Judgment!
Court : Kerala
Decided on : Sep-23-2011
Reported in : 2011(4)ILR(Ker)196; 2011(4)KLT134(FB); 2011(4)KLJ93; 2011(4)KHC40; 2012AIR(Ker)27
..... of india. the learned counsel appearing for the respondents contended that the remedy of the petitioners, if any, is to file an application under section 17 of the securitisation act. the learned counsel for the petitioners submitted that they have no efficacious alternative remedy. 37. in various decisions, the supreme court emphasized the necessity resort to the alternative ..... the agreement, lease was granted in respect of three rooms to the writ petitioner. the kerala financial corporation initiated proceedings under section 29 of the state financial corporations act and took possession of the building including the tenanted premises. the tenant challenged the said proceedings in the writ petition. the division bench held that lease was contrary to ..... for this omission appears to be that the new legal regime envisages transfer of secured assets to private companies. ----------- ----------------------- 128. if the provisions of the drt act and the securitisation act are interpreted keeping in view the background and context in which these legislations were enacted and the purpose sought to be achieved by their enactment, it becomes clear ..... court in manager uco bank v. samar sarkar and others: air 2008 calcutta 9. 35. for the aforesaid reasons, with respect, we are not inclined to agree with the reasonings in antony v. kerala financial corporation: 1999 (2) klt 457, shameem v. city police commissioner : 2005 (4) klt sn 70 case no. 96 and business india builders and developers ltd .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-01-2011
..... bias towards sh. dewan k.s. puri has been correctly given since he was renowned document expert and had received trainings at the govt. handwriting bureau calcutta, govt. laboratory, phillaur, govt. finger bureau, madras, govt. police forensic lab cuttack and govt. criminal intelligence bureau, trivendrum and had experience of 50 years as a visiting professor of teaching handwriting and finger expert in ..... . p-3 which was scribed by bindra ban shori at the instance of malkiat singh. the appellant also relied upon the judgment in ravichandran vs. state by dy. superintendent of police, madras, 2010(2) civil court cases 554 (sc) and jamail singh vs. smt. naranjan kaur, 2011(2) plr, 408 to contend that the opinion of the handwriting expert is not ..... the govt. central police, college of taiwan which will be clear from his examination. that though the science of handwriting comparison is not a perfect science but when there is a dispute between the ..... to be acted upon unless substantially corroborated and that it is not uncommon for an handwriting expert to give opinion in favour of the party which has engaged them, since the comparison of .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2011
..... tort remedy, is that crime victims be given compensation even in ''no-fault'' situations by the state. compensation cannot be limited to cases of police torture or custodial deaths. it must extend to riot victims and victims of terror, indeed, it must ultimately cover all victims of crime and all ..... of the petitioners husband, the respondents are jointly and severally liable to compensate his family and to what extent. the investigations by the delhi police so far have revealed the involvement of bki, a banned organization in carrying out the bomb blast both at liberty cinema as well as satyam ..... recovered. after setting out the details of the investigations carried out, the affidavit states that there was no failure on the part of the police to take measures to avoid such incidents and for ensuring safety of the people. the incident is termed as a "terrorist attack". it is ..... about by someone that defendant had no control, and defendant would not be negligent. he referred to certain observations in sukhraji bhuj v. calcutta state transport corporation air 1966 (cal) 620, to the effect that "people must guard against reasonable probabilities and not fantastic possibilities". he ..... under sections 302/307 ipc and sections 3/4/5 of the explosive substances act, 1908 was registered at police station desh bandhu gupta road, new delhi. after the case was transferred to the special cell, delhi police it was revealed during investigations that the offences were committed by a terrorist group .....Tag this Judgment!