Court : Kolkata
Decided on : Mar-26-2008
Reported in : (2008)2CALLT43(HC),2008(2)CHN303,II(2008)DMC582
..... broken marriages. we must remember that this relief is granted by bringing about a profound alteration in the concept of a hindu marriage from that of a sacrament to a contract. by that alteration, law has definitely set its fact against forcible perpetuation of the status of matrimony between unwilling partners. next, we must note that this six month's time ..... it enables divorce by consent. it also virtualy puts a death nail on the old concept of hindu law and hindu morality that marriage is a sacrament and not a contract.however, a petition filed for divorce by consent under section 13b of the hindu marriage act is required to be kept in abeyance for a minimum period of six moths ..... that they have mutually agreed that the marriage should be dissolved. section 13b radically altered the legal basis of a hindu marriage by treating it as an ordinary form of contract which competent parties can enter into and put an end to like any other contact by mutual consent. just as the parties can obtain a consent decree from the courts .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-03-2008
Reported in : 2008ACJ1854
bhaskar bhattacharya, j.1. all these four appeals under section 173 of the motor vehicles act, 1988 were heard analogously as points involved herein are common.2. in all these matters, mr banik appeared on behalf of the appellants/claimants while different learned advocates appeared on behalf of the concerned insurance companies.3. in all the matters, the victim was a minor and the question that arises for determination in these appeals is what should be the guidelines for assessing the compensation if the victim is a minor below the age of 15 years having no income.4. in f.m.a. no. 1805 of 2006, the victim was a boy of 15 years being a student and the tribunal below awarded rs. 1,00,000/- as compensation.5. in f.m.a. no. 306 of 2006, the victim was aged two years and a half, and the tribunal awarded a sum of rs. 50,000/- as compensation to be paid by the insurance company.6. in f.m.a. no. 1248 of 2007, the victim was a student of class-vii and the tribunal awarded rs. 1,00,000/-as compensation.7. in f.m.a. no. 2500 of 2005, the victim was aged 3 years at the time of death and the tribunal awarded a sum of rs. 50,000/- as compensation.8. mr banik, the learned advocate appearing on behalf of the appellants in all these matters, strenuously contended before us that in case of a death of a minor having no income, the notional income of rs. 15,000/-is to be taken and after deducting 1/3rd of that amount and applying the appropriate multiplier of 15, the compensation amount would .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-05-2008
..... signed by both the parties.25. in the case of tarsem singh (supra), the supreme court was dealing with a case where a party to the contract alleged mistake of fact in entering into the agreement. in that background, the supreme court in paragraph 12 of the judgement, relied upon by mr. ..... sale between the plaintiff and the defendant no. 1, (2) the plaintiff was at all material time ready and willing to perform his part of his contract, (3) the agreement entered into between the defendant no. 1 in one hand and defendant nos. 2 and 3 on the other, was really ..... dutt, therefore, prays for setting aside the judgment and decree passed by the learned trial judge and for passing of the decree of specific performance for contract by affirming the findings recorded by the learned trial judge on other issues in the suit.10. mr. banerjee, the learned senior advocate appearing on ..... the suit and thus, on the basis of such an agreement for sale, the plaintiff was not entitled to get a decree for specific performance of contract. the learned trial judge, thus, dismissed the suit on that ground alone.7. being dissatisfied, the plaintiff has preferred the present appeal while the defendant ..... against the plaintiff for declaration and permanent injunction and plaintiff had full knowledge of the same. the suit filed by the plaintiff for specific performance of contract was thus liable to be dismissed.6. at the time of hearing of the aforesaid suit, the plaintiff himself and one prassanta paul gave evidence .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-18-2008
Reported in : (2008)1CALLT251(HC)
..... -operative society and any person including a financing bank the same may be settled under the said provisions. in the present case, the question is relating to specific performance of contract of sale on the basis of agreement dated 22.8.79 between the said co-operative society and the predecessor of the petitioners viz. manik lal karmakar. mr. bhattaeharya has ..... the refusal of the land ceiling authority to grant permission for sale. secondly, it has been further contended by mr. dey that the dispute though for a specific performance of contract is well within the scope of affairs or business or transaction of the housing co-operative society within the provisions of section 86 of the act of 1973 and learned ..... with said manik lal karmakar.5. it is the further case of manik lal karmakar that he had to spend rs. 93,527/- for development of the land as per contract with the housing society during 1979-1982.6. in the meantime, the respondent housing society filed the eviction suit namely, the title suit no. 39 of 1985 before learned 2nd .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-18-2008
Reported in : (2008)3CALLT177(HC),2009CriLJ16
..... fairly falls under the context of misconception of law, mr. bagchi has argued that the submission of the prosecution that the girl under the spell of misconception that she could contract a second marriage notwithstanding the subsistence of the first marriage is not tenable either in law or in fact.12. on the question of admissibility of dna test report, mr ..... was not aware of the legal bar to contracting a second marriage during the subsistence of the first marriage. it is submitted that p.w.2 had testified that the victim lady had discussed with p.w.6, prodhan ..... act of rape of the victim lady by the appellant.10. refuting the claim that the victim, a rustic girl, was not aware of the position that she could not contract the second marriage before the annulment of the previous one, mr. bagchi has contended that the statement of p.w.2 would falsify the claim of the prosecution that she .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-13-2008
Reported in : (2008)1CALLT463(HC),2008(3)CHN945,(2009)ILLJ814Cal
..... reported at : (1985)iillj564sc (workmen v. binny lid.) wherein it was held that 'it is a trite law that in matters of welfare legislation, especially involving labour, the terms of contracts and the provisions of law should be liberally construed in favour of the weak.' in paragraph 15 of the said reports the hon'ble supreme court was pleased to observe ..... part and in isolation.' in the present case, clause 2 of the scheme of amalgamation goes further and provides that 'without prejudice to the generality of the foregoing provisions, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the prescribed date shall be effective to the ..... appellant that the writ petitioner was never an employee of the pnb and the pension regulations are wholly inapplicable to the writ petitioner since the writ petitioner had no subsisting contract of employment as on the date of merger in view of the fact that the writ petitioner retired from service on 30.09.1983. according to the said learned ..... will appear from pages 90 and 91 of the paper book. in the said notification it has been provided that 'without prejudice to the generality of the foregoing provisions, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the prescribed date shall be effective to .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-06-2008
Reported in : 2008(3)CHN639
..... relief act is wide enough to encompass a person seeking derivative title from his seller. it would, therefore, be clear that if he seeks avoidance of the instrument, decree or contract and seeks a declaration to have the decrees set aside or cancelled he is necessarily bound to lay the suit within three years from the date when the facts entitling ..... stands as an insurmountable obstacle in his way which otherwise binds him, though not a party, the plaintiff necessarily has to seek a declaration and have that decree, instrument or contract cancelled or set aside or rescinded. section 31 of the specific relief act, 1963 regulates suits for cancellation of an instrument which lays down that any person against whom a ..... or cancel an instrument, a contract or a decree on the ground of fraud, article 59 is attracted. the starting point of limitation is the date of knowledge of the alleged fraud. when the plaintiff seeks ..... inter se parties. the question is whether in case of person claiming title through the party to the decree or instrument or having knowledge of the instrument or decree or contract and seeking to avoid the decree by a specific declaration, whether article 59 gets attracted? as stated earlier, article 59 is a general provision. in a suit to set aside .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-03-2008
Reported in : 2008(4)CHN520
..... the taxation of the owners' costs and the question of any damages suffered by the owners as a result of what is said to have been the charterers' breach of contract in commencing proceedings in india.6. the appellant filed an application on february 20, 1998 before the learned single judge taking arbitration matters, inter alia, praying for enforcement of the ..... lordship considered the incentive claim as a bribe alleged to have been given to the government officials of bangladesh which was contrary to the provisions of section 23 of the contract act, 1872. his lordship held that the conduct of the appellant was to disregard this court and its orders. hence, this court must not allow the award obtained by disregarding ..... arbitral proceedings had been held to provide for enough justification for refusal to afford foreign award. [russel on arbitration 22nd edition, 2003, p. 389, paras 8-046 and chitty on contract, 29th edition, 2004, p. 961, paras 16-45.] we do not see any reason as to why the indian law should be held to be different.our view:29. to ..... policy per se.(iii) claim on account of bribery.-we fully agree with the learned judge that this claim was contrary to the provisions of section 23 of the indian contract act, 1872. hence, that part of the award could not be enforced in our country being contrary to the laws of the land. mr. ghosh on instruction conceded on that .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-11-2008
Reported in : AIR2008Cal184,(2008)3CALLT159(HC),2008(3)CHN1067
pranab kumar chattopadhyay, j.1. this appeal has been preferred at the instance of the writ petitioners from the judgment and order passed by the learned single judge whereby and whereunder the said learned single judge dismissed the writ petition on merits.2. it has been submitted on behalf of the appellants that the lands owned by them and their ancestors were acquired by the state of west bengal for durgapur steel plant. it has been specifically submitted on behalf of the appellants that the durgapur steel plant authorities could not utilise major portion of the aforesaid acquired lands and the said appellants are in possession of those unutilised lands. the writ petitioners have challenged the mode of utilisation of the excess lands by the requiring authority namely, durgapur steel plant.3. pursuant to the acquisition proceedings initiated by the state government at the behest of the durgapur steel plant, several plots of lands had been acquired in the year 1957 and compensation had duly been paid to the concerned land losers. undisputedly, a portion of the land so acquired at the behest of the durgapur steel plant remained unutilised. since then, the government of west bengal had approached durgapur steel plant for relinquishment of portions of unutilised land for development purposes, i.e. for construction of four lane national highway as also for transfer of land in favour of asansol durgapur development authority for carrying out other development activities as per .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-28-2008
Reported in : AIR2008Cal118
..... gauge the scope of the present exercise:2. definitions.-...(f) 'information' means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law ..... the legislature sought to use the expression sale in a wider sense as including transactions in which property was transferred for consideration from one person to another without any previous contract of sale, it would be attributing to the legislature an intention to enact legislation beyond its competence. in interpreting a statute the court cannot ignore its aim and object....30 .....Tag this Judgment!