Rina Mukherjee & Anr. Vs Sanat Chandra Datta & Anr.
.... eding to decide on the issue as to whether the prayer of the plaintiffs/petitioners should be allowed during pendency of the First Appeal it is necessary to consider the provisions contained in Order VI Rule 17 of the Code of Civil Procedure. Rule 17 of Order VI of the Code of Civil Procedu ...
Calcutta High Court (Appellete Side)
Prithwiraj Ganguly Vs State Of West Bengal & Anr.
.... sitively vulnerable and accordingly we set aside the same and quash the criminal proceedings initiated by the respondent against the appellant.” 25. This position was again clarified and reiterated by this Court in Himanshu v. B. Shivamurthy and Another. The relevant portion of the judgment ...
Calcutta High Court (Appellete Side)
Dipanwita Das (Sarkar) Vs Moloy Das
.... s in varied form. It engulfs within itself not only physical but mental cruelty as well and the decision in this regard rendered by the courts of the country are uniformed that the cruelty must be of such magnitude that it would cause danger to the life, limb or health both bodily or mentally in ...
Calcutta High Court (Appellete Side)
Rajkumar Sethia Vs Jayasree Sengupta & Ors.
.... e to immediate eviction, the decree-holders agreed to let them continue in possession for a period of five years. Since this concession was being granted as a special case, the decree- holders insisted that mesne profits should be paid at a much higher rate so much so that between all the defend ...
Calcutta High Court (Appellete Side)
Tarak Nath Jana Vs State Of West Bengal
.... t been involved in the murder of his wife. The appellant made out a specific plea, in his examination under Section 313 of the Code of Criminal Procedure that he was not present in the house at the relevant date and time. He claimed to have never demanded dowry or inflicted torture upon the vict ...
Calcutta High Court (Appellete Side)
Tapan Kumar Ghorai Vs State Of West Bengal & Another
.... entire proceeding is an abuse of process of law, which is liable to be quashed and/or set aside. Under the above facts and circumstances, petitioner has filed this case and same has come up before this Bench for disposal. 3. In spite of giving several opportunities, the petitioner did ...
Calcutta High Court (Appellete Side)
Rabindra Nath Acherjee@Acharya & Ors. Vs Biplab Mukherjee.
.... mar Sharma vs State of Uttarakhand & Ors., Transfer Petition (CRL.) Nos. 534-536 of 2019, on 16th October, 2020, held:- “17. In Captain Amrinder Singh Vs. Prakash Singh Badal & Ors.5, Justice P. Sathasivam, as he then was, speaking for the three judge Bench, on the issue of transfer ...
Calcutta High Court (Appellete Side)
Swapan Ber Vs State Of West Bengal & Anr
.... tute, a penal provision is required to be construed strictly. This Court in T. Ashok Pai v. Commissioner of Income Tax, Bangalore, [ 2007 (8) SCALE 354 ] held as under:- "19. It is now a well-settled principle of law that the more is the stringent law, more strict construction the ...
Calcutta High Court (Appellete Side)
Nandibala Roy & Ors. Vs Manager, M/S. Jayashree Tea & Industries Ltd.
.... r that the value of pleadings of the claimant has not been denied by the respondent by filing written statement or by adducing any evidences. Thus legally the argument advanced by the respondent is not based upon any positive pleadings. 13. Let me consider whether the argument advanced by t ...
Calcutta High Court (Appellete Side)
Md. Farid Vs Union Of India & Ors.
.... r a provisional pension to an employee where departmental or judicial proceedings may be pending against him. It is provided in Rule (10) (1) (c) of the 1993 Rules that ‘No gratuity shall be paid to the Railway Servant until the conclusion of the departmental or judicial proceedings and issue of ...
Calcutta High Court (Appellete Side)
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