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West Bengal Judicial Academy
West Bengal Judicial Academy

Judgment - Part II

1. Delay- Delay in filing the application for grant of probate
2. New Connection-Installation of electric meter
3. Scope of Writ
4. Fraud
5. Maintenance
6. Transfer: If the court is lying vacant
7. Representation
8. Dismissed for default on the ground of absence of the lawyer
9. Quashing
10. Quashing of a criminal proceeding
11. Bail- The order for payment of maintenance as a condition of bail whether unwarranted and illegal
12. DNA test report
13. Evidentiary value: Relationship of the witness whether affect credibility of a witness
14. Requisition meeting
15. Waging of war: The common purpose to cause a concerted attack on the Governmental machinery including police force
16. Change of teaching subject: Change of Teaching Group from Language to Social Science whether permissib
17. Quashing: Second FIR on the self-same incident whether maintainable
18. Quashing: Question of quashing whether depends on offence has been made out
19. Quashing: For considering the quashing of a case whether court is to see the allegations made in the F.I.R.
20. List of witnesses: In a case under the Prevention of Corruption Act
21. Transfer: Accused whether pray for transfer of the case as the court is lying vacant
22. Defence evidence: An accused whether be deprived to adduce evidence in his defence
23. Quashing: Question of quashing whether depends on the face of allegations made in the FIR
24. Summons Case: Personal appearance being dispensed with whether his Counsel may be permitted to take on his behalf
25. Transfer: A witness whether has locus standi to seek direction for transfer of the trial to another court
26. Quashing: Criminal case whether be quashed because civil remedy is available
27. Curtailment of right: On the basis of apprehension whether the legitimate right of the private respondent can be curtailed
28. Precedent: Earlier judgment on identical facts and law whether should be followed
29. Child Evidence: The evidence of a child witness whether required to be rejected
30. Revision: Whether the High Court can examine concurrent findings of facts in its revisional jurisdiction
31. Investigation: Whether a Magistrate can direct the Investigating officer to conduct further investigation
32. Re-examination
33. Trial: Under Section 143 of the Negotiable Instruments Act
34. Framing of charge
35. Marriage: A Hindu marriage solemnized under Hindu Marriage Act
36. Territorial jurisdiction
37. Bail: Whether it is permissible for a Court even after finding a case for bail has been made out
38. Delay
39. Trial: Whether little contradictions and/or anomalies in evidence can per se upset the conviction
40. Power of appellate authority
41. New connection: The legality of an occupier of a premises cannot be a ground for refusal to supply electricity
42. Transfer of suit: Whether a suit can be transferred under Section 24 of the Civil Procedure Code
43. Preemption: Whether the West Bengal Land Reforms Act is applicable in the area where Urban Land (Ceiling and Regulation) Act is applicable
44. Rape: A finding of guilt in a case of rape can be based on the uncorroborated evidence of the prosecutrix
45. Compassionate appointment
46. For the retiral benefits arising out of service one is not required to establish that he is an Indian.
47. Unnecessary observation- Court while disposing of bail application whether can observe that defacto
48. Cognizance: Whether court can take cognizance on the basis of charge sheet filed
49. Quashing-Criminal case whether can be quashed for non-availability of F.S.L. report
50. Quashing: Criminal case whether can be quashed if the conflict is a pure question of fact
51. Quashing: Criminal prosecution whether can be quashed
52. Conviction-----Revision order of conviction and sentence
53. Provisional assessment----Order of final assessment passed
54.Overpayment of retirement benefits------Recovery of payment made to the petitioner without any opportunity of hearing
55. Overpayment of retirement benefits
56. Overpayment of retirement benefits
57. Electric connection ----petitioner’s application for electricity through separate line and meter
58. Compassionate appointment-----Father-in- Law of the appellant was a government servant and died in harness
59. Appointment -----Assistant teacher primary
60. Appointment----Lecturer in a non-governmental college
61. Disciplinary Proceedings----Charge sheet to the petitioner, followed by a disciplinary proceeding
62. Recovery of Overpayment
63. Violation of Administrative letter----Administrative letter, whether Writ lies for violation thereof
64. Grant of lease in Salt Lake ----Lease deed containing a clause relating to non-transferability of the lease hold plot
65. Compassionate appointment ----Director Of Health Service, if can overturn his predecessor’s order
66. Duty of Police----Failure to discharge responsibilities and duties on the part of the Petitioner
67. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment
68. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment
69. Status Report----Death of the son of the Petitioner
70. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment
71. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment
72. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment
73. Fundamental Rights ----Delay of 19 years-----Fundamental Rights if can be ascertained even after an inordinate delay
74. Lack of Evidence----Criminal appeal-------Evidence-----Appellant convicted by the Trial Court
75. Meter in Autorickshaw----Appeal--- Constitutional validity of sub-rule (4) of Rule 120 of the West Bengal Motor Vehicles Rules, 1989 challenged
76. Contempt of court ----Order passed in 2004 directing the Chairman, Cycle Corporation of India Ltd. to give a decision within six weeks
77. Regularization of service------Appointment as a temporary teacher by the school
78. Blacklisting-----Inclusion of names in Specific Approval List if amounts to blacklisting
79. Transfer of Lease----Transfer of leasehold land in Salt Lake, Bidhan Nagar
80. Injury to the Petitioner----Petitioner attacked by the leopard while discharging his official duties
81. Family pension-----Petitioner’s deceased husband was a primary school teacher
82. Recovery after retirement-----Recovery of payment made to the petitioner without any opportunity of hearing
83. Belated gratuity payment
84. Belated Gratuity Payment----Whether the Petitioner can claim interest for belated payment of gratuity
85. Recovery of Payment-----Recovery of payment made to the petitioner without any opportunity of hearing
86. Suspension----Petitioner in custody for more than 48 hours
87. Murder---Death of the victim
88. Recall of witness----Accused Petitioner facing trial under Section 366A and 376 of the Indian Penal Code
89. Investigation------Whether the Magistrate can monitor an investigation
90. Trial ---Delay occurred in commencement of trial due to pendency of revision in High Court
91. Dismissed for default----Absence of lawyer at the hearing of Criminal Appeal
92. Quashing of a charge sheet-----Charge sheet filed under Section 401 of Kolkata Municipal Corporation Act
93. Quashing of Criminal case----Pendency of matrimonial suit
94. Amendment----Quashing of the proceeding---- Dishonor of cheque
95. Maintenance------Petitioner refused to live with husband
96. Defence struck of- Whether mandatory or director
97. Production of document: Whether Court can direct production of document, which are not relevant
98. Local inspection- Local inspection for non-suit property whether permissible
99. Jurisdiction- Dowry articles were received by the accused persons within the jurisdiction of the Court
100. Second Complaint
101. Dismissed for default----Absence of lawyer at the hearing of Criminal Appeal
102. Quashing of a charge sheet-----Charge sheet filed under Section 401 of Kolkata Municipal Corporation Act
103. Quashing of Criminal case----Pendency of matrimonial suit -----Presence of criminal elements in the petition of complaint
104. Amendment----Quashing of the proceeding---- Dishonor of cheque
105. Maintenance------Petitioner refused to live with husband
106. Defence struck of- Whether mandatory or director
107. Production of document: Whether Court can direct production of document, which are not relevant
108. Local inspection- Local inspection for non-suit property whether permissible
109. Jurisdiction- Dowry articles were received by the accused persons within the jurisdiction of the Cour
110. Second Complaint: The earlier complaint is dismissed without assigning any reason
111. Defence evidence
112. Maintenance- Scope of Second revision
113. Expunging of Evidence- Witness failed to be cross examined
114. Anticipatory bail- Condition imposed in granting anticipatory bail to pay maintenance to the wife whether proper
115. Genuineness of document
116. Voluntary retirement
117. Panel: Initiation of second selection process
118. Enquiry after retirement: Employee retired on attaining superannuation
119. Disciplinary proceeding: Court finds that the main charge is not established
120. Admission: Examination for admission in class V for the students passed class IV
121. Compensation: Determination of valuation as per letter of District Sub-Registrar
122. Criminal Trial: Minor discrepancies whether demolish the prosecution case
123. Investigation: A person approaching a Magistrate seeking redressal against certain police officers
124. Criminal Trial: Minor discrepancies whether demolish the prosecution case
125. SUCCESSION CERTIFICATE: Determination as to the dispute as to who are the heirs and legal representatives of the deceased
126. Residential certificate
127. FREEDOM FIGHTERS’ PENSION -A person who remained absconding for sixteen month
128. Promotion: Non communicated annual confidential report
129. Service: Person not having specialized qualificatio
130. Employment Exchange
131. State: Whether a writ can maintainable against a non government organization like ICICI Bank
132. Panel: Two different recruitment processes initiated at different times for filling up the separately notified vacant posts
133. Selection process
134. Compassionate appointmen
135. Scope of writ
136. Disciplinary proceeding: The employee acquitted by Criminal Court on merit upon conducting the tria
137. Scope of writ: Whether writ is maintainable against a private body
138. Signature by Partner: Each partner whether has to sign documents on behalf of the firm
139. Scope of writ: Whether a writ is maintainable against a private body
140. Scope of writ: Writ court whether direct the police authority to register F.I.R. except an exceptional case
141. Referee: Construction of the terms of employment require adjudication on evidenc
142. Second writ: Order passed in 1999
143. Supersession:
144. Selection- Selection of M.R. Dealership by the expertised authority
145. New connection: Distribution company having accepted the quotation amount
146. Summary trial
147. Quashing: If court finds no prima facie material
148. Condition of bai
149. Quashing: Criminal case whether can be quashed
150. Quashing: Disputed question of fact involved in the proceeding as to ownership of the land in question
151. Contradiction of witness: Court directed denovo trial from the stage of 251 of the code of criminal procedure
152. Quashing: At the stage of quashing whether court is required to examine and assess in detail the materials on record
153. Examination on recall: Witnesses whether can be recalled if examination of those witnesses are not necessary for just decision of the case
154. Discretionary Power - Power under Section 319 of the Code of Criminal Procedure
155. Quashing - Direction for initiating Departmental Proceedings against I.C & I.O. in criminal case
156. Quashing - Matrimonial Dispute - Petitioners were charged under section 498A of The Indian Penal Code
157. Quashing of FIR - FIR was lodged to counter blast the criminal case instituted against the de-facto complainant by the petitione
158. In-fructuous Order - Prohibitory orders passed by the Learned Magistrate
159. Quashing of charge sheet - Petitioners charged under section 376/511 of I.P.C.
160. Compounding of offence - Petitioner convicted and sentenced by trial court
161. Delay - Murder case not committed to Sessions Court for 15 years
162. Charge sheet - Charge sheet submitted by police was altered by the magistrate
163.
164. Alternative remedy - Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
165. Police protection - Writ petitioner a company issued a closure notice
166. Un authorized absence from duty - Member of Police Force
167. Appointment - Appointment letters were issued by the chairman of the municipality
168. Unauthorised Construction - Unauthorised Additional Construction
169. Mutation Of Assessment Records
170. Unauthorised Construction - Complain by the petitioner
171. Power Of Attorney - Holder of power of attorney files the complaint relating to an offence under section 138 of N.I. Act
172 .Compassionate Appointment - Elder Sister of the petitioner was a government employee who died in harness
173. Power of Attorney - Not stamped, if admissible in evidenc
174. Maintenance - Marriage admitted
175. Voluntary services - As an assistant teacher to a school
176. Money claim - Works done in 1988 as a carriage contractor
177. Recovery of amount - Petitioner was a school teacher
178. Recovery of amount - Petitioner was a school teacher
179. Recovery of amount - Petitioner’s husband was a school teacher
180. Recovery of amount - Petitioner was a school teacher
181. Recovery of amount - Petitioner’s husband was a school teacher
182. Recovery of amount - Petitioner was a school teacher
183. Recovery of amount - Petitioner’s husband was a school teacher
184. Criminal Contempt - Interference with process of the court
185. Compassionate Appointment - Deceased employee was not the sole bread earner of the family
186. Compassionate appointment - The father of the petitioner died in-harness
187. Appointment - Petitioner’s prayer for permitting him to participate in the selection process as an exempted category candidate
188. Appointment - As an exempted category candidate - Petitioner failed to produce the relevant certificate
189. Permit to take Examination - Petitioner did not submit the requisite application within the last date
190. Locus standi - Allegation of mis-appropriation of School Fund
191. Appointment - Permit him to participate in the selection process
192. Family pension - Kolkata Port Trust did not pay her on the ground that she could not prove that she was the wife of the deceased employee
193. Employment - Petitioner seeking mandamus for being employed after relaxation of age
194. Recovery of amount - Petitioner was a secondary school teacher
195. Recovery of amount - Petitioner was a secondary school teacher
196. Permit to take Examination - Petitioner did not submit the requisite application within the last date
197. Permit to take Examination - Petitioner did not submit the requisite application within the last date
198. Permit to take Examination - Petitioner did not submit the requisite application within the last date
199. Appointment - Petitioners claim that they were the organizer teachers of the school
200
201. Delay - Criminal case could not be proceeded - Petitioner to retire from service shortl
202. Cause of action - Whether same fact may act as a cause of action for lodging civil suit/proceedings and the criminal case too
203. Transfer of Cases - Whether a case can be transferred on the ground that both parties are residing at the jurisdiction of a different court
204. Motor Accident claim - Motor Accident Claims Tribunal rejected the said application
205. Quashing of F.I.R - Investigating has just commenced
206. Charge sheet - Cognizable and non-cognizable offence
207. Territorial Jurisdiction - Application for injunction - Ad interim injunction
208. Tender - Tender issued by Article 12 Authority - Challenge to the Tender Notification
209. Injunction, Jurisdiction: Suit for injunction filed on the basis of surrender of land by Bargadar and possession of the plaintiff
210
211. Addition of party: Suit for specific performance of contract
212. Rejection of plaint: Suppression of material facts in the plaint alleged by the defendant
213. Murder- Ocular evidence supported the prosecution case-whether the mens rea is important
214. Quashing: - Delay in lodging F.I.R. whether per se a dent to the prosecution
215. Determination of Juvenility: Accused raised juvenility
216. Jurisdiction: Telecommunication message received by at Barasat
217. Jurisdiction: Misappropriation of property of Birbhum District Central Cooperative Bank Limited
218. Delay: Offence punishable under sec.420 I.P.C. whether can be quashed on the ground of delay
219. Public Servant, Quashing: Person remunerated by the Government on yearly contract basis whether a public servant
220. Determination of Juvenility
221. Compromise: A case under Sections 498A/313/406/34 of the Indian Penal Cod
222. Bail: The case involved an offence punishable under sec. 409 of the Indian Penal Code
223. Scope of Revision
224. Declaration, Limitation: Grand father of the plaintiff died in 1970
225. Internship training: Application for provisional registration certificate was submitted to the college
226. Disciplinary proceeding- Whether finding of criminal court binds the disciplinary authority if the charges of both cases are similar
227. Scope of Writ
228. Maintainability of Writ- Whether writ is maintainable against Bank
229. Scope of Revision - Whether revision lies if there is no miscarriage of justice
230. Appointment of Mutawalli
231. Power of attorney- Registered on a stamp paper of Rs.50/- without creating any interest
232. Scope of Revision - Whether revision lies if there is no miscarriage of justice
233. Valuation of Suit- Suit for recovery of possession
234. Abatement of Rent
235. Procedure for Trial- Offence under Section 302 Indian Penal Code
236. Land Acquisition
237. Reconnection of Electricity
238. Termination of Contract
239. Police Action-Whether Police authority can interfere in construction of building
240. Police Action- Whether writ is maintainable for inaction of the police authority
241. New connection-Order of Statusquo passed in a civil suit
242. Maintainability of Writ
243. Quashing- Proceeding under section 376 I.P.C.
244. Trial- Two cases out of murder of one person
245. Submersible Pump- Whether licensing authority is required to give connection to the submersible pump
246. Jurisdiction -Whether Single Administrative Member Bench of the Central Administrative Tribunal can decide the application on merits
247. Subsequent decision
248. Duty of Advocate- Whether an Advocate is required to be prima-facie
249. Authorised Officer-Document signed by the bank’s Advocate whether can be accepted
250. Maintainability of Writ-Whether writ court can direct the B.L.& L.R.O. to supply copy of record of right
251. Final Assessment- Provisional assessment paid with objection whether the assessing officer is to pass final assessment himself.
252. Vehicle owner’s Duty
253. Adducing evidence - Deletion of Order 18 Rule 17 A by the Amendment Act of 2002
254. Expert opinion- Party prayed for opinion of hand writing expert
255. Financer’s right
256. Evidence- Evidence closed as per the order of remand
257. Judicial review-Judicial review of administrative action of State by the writ court whether permissible
258. Jurisdiction- No part of the alleged cause of action arose within the local or territorial jurisdiction of the learned Judicial Magistrate
259. Compassionate appointment- Whether the authority can consider the rule which was not in vogue at the time of application for compassionate appointment
260. Concurrent finding- Concurrent finding of fact whether can interfere in second appeal
261. Scope of writ-Whether writ court can examine the correctness of the report of the D.L.I.T. for considering claim of recognision of a school
262. Disciplinary proceeding- Petitioner admitted his guilt
263. Delegation: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
264. Scope of Writ-Property mortgaged by fraud or not
265. Satisfaction of decree-Decree has been fully satisfied with deposit of the decreetal dues and delivery of possession
266. Scope of Revision - No appeal preferred against final order
267. Scope of Revision- Injunction restraining purchasers from constructing building refused by both the courts
268. Scope of revision- Private complainant filed revision- Government has no right to appeal against the order impugned
269. Remand- The disputes raised by the parties are not purely questions of law but those are mixed questions of facts and law
270. Submersible Pump: Running submersible pump for extracting ground water without permission of authority
271. Scope of Writ- Alternative remedy lies whether writ maintainable
272. Scope of writ-Cancellation of work order whether can be set aside on the ground that it is vitiated by blatant arbitrariness
273. Local investigation-Defendant denied title of the plaintiff
274. Substitution-Suit for damages for malicious prosecution and for defamation
275. Analogous hearing-Analogous hearing of two appeals filed by two defendants against the one decree whether permissible
276. Injunction-Injunction on the basis of an agreement for sale without praying for specific performance of contract whether can be granted
277. Resjudicata, Sanction- Suit dismissed for default -Whether the principle of waiver and/or constructive resjudicata applies
278. Recounting: Court prima facie satisfied and directed for recounting whether proper
279. Circular-Participation without objection
280. Disciplinary proceeding- Delay
281. Quotation- Whether the licensing authority can issue second quotation and issue quotation for two transformers
282. Installment - Whether the licensee is obliged to grant installments for payment of assessed amount
283. Police Guard-Whether supply of police guards can be given on the allegations
284. Scope of Writ-Whether writ can be entertained challenging the notice issued
285. Judgment without reason- Appellate court set aside the reasoned order of the learned Trial Judge in a cryptic manner
286. Scope of Revision -Revisional court whether can re-appreciate the evidence in the suit
287. Scope of Revision -Revisional court whether can re-appreciate the evidence in the suit
288. Employment exchange-Whether court can direct for considering candidates along with those sponsored from Employment exchange
289. Written Statement-Whether written statement can be accepted by Court after expiry of period
290. Stamp Duty - Suit for specific performance of contract based on a receipt
291. Scope of Revision- Whether concurrent finding of courts that there is no urgency can be interfered in revision
292. Injunction -Court prima facie found that the plaintiff has no title
293. Abatement-If the defendant did not supply the names of the heirs of his brother and sister
294. Trial-Non examination of chemical analyst and/or the arms expert, per se, whether vitiate the trial
295. Maintenance- Magistrate considering evidence granted maintenance for the child
296. Breach of contract- Breach of a contract without intention to deceive
297. Scope of Revision-Whether revision can be entertained when there is no manifest error of law or procedural irregularity or failure of justice
298. Consent Order- Whether the authorities can turn around and refuse to grant relaxation in the experience clause
299. Compassionate Appointment-Whether authority is required to consider the report of the fact finding committee
300. Second Notice- Whether bank can proceed under s. 13 (4) without specifically disposing of the objection
301. Scope of Writ-Whether writ can be entertained for restoration of water supply during pendency of arbitral of proceeding
302. Addition of Party - Whether a transferee in violation of interim order of court
303. Stay of execution-Probate court being refused to stay the order
304. Commissioner’s report-Commissioner’s report whether sacrocent on the points or only a piece of evidence
305. Valuation date, Delegation of power
306. Amendment - Amendment of written statement without changing the nature and character of the suit
307. Rejection of Plaint- Without considering the arbitration clause of the deed whether rejection of application for rejection of plaint justified
308. Condition for Appeal- Deposit of amount for preferring an appeal to the Debts Recovery Appellate Tribunal
309. Succession certificate-Order granting the extension of succession certificate
310. Minor omission- Omission to have thumb impression on the injury report and in the absence of eye-witnesses whether conviction can be granted
311. Contempt- Whether on the disputed question of fact court can hold guilty of contempt
312. Possession- Taking possession the vehicle by the bank in terms of the default clause
313. Admissibility of evidence-Section 27 of the Evidence Act whether permits the court to take into evidence the whole statement of the accused
314. Delay- Delay in filing the complaint under section 138 of the N.I.Act
315. Appearance of accused- In a summon case whether the first appearance of the accused can be dispensed with
316. Cause of action- Whether court can try a case if no cause of action arose within its territorial jurisdiction
317. Analogous hearing- Two cases arises out of the self-same occurrence
318. Charge Sheet-In the absence of any specific allegation in the F.I.R
319. Dishonour of cheque - Whether a criminal case under Section 138 of the Negotiable Instruments Act for dishonour of a particular cheque
320. Jurisdiction- Whether after coming into force of the Industrial Disputes (West Bengal Amendment) Act, 2007
321. Presumption, Issue- Whether Court is justified in not presumed under Section 114 (e) of the Indian Evidence Act
322. Onus, Handwriting expert-Onus to prove tenancy whether lies on the party who claims tenancy
323. Onus, Handwriting expert-Onus to prove tenancy whether lies on the party who claims tenancy
324. Adoption -Document has been executed for giving and taking adoption whether it should bear the endorsement of the natural father of the boy
325. Penalty-Disciplinary proceeding- Disciplinary Authority wants to differ with the views taken by the Enquiry Office
326. Appeal - Whether appeal lies against the possession-cum-sale notice issued
327. Scope of Revision- Trial court allowed the application for restoration on consideration of the evidence adduced by the defendant
328. Execution- Decree affirmed up to Apex court whether can be challenged in executing court alleging the decree obtained by fraud
329. Compassionate appointment- Compassionate appointment claimed by the son after attaining majority after lapse of considerable period whether can be granted
330. Appointment -Whether appointment can be denied on the ground of pendency of criminal case
331. Scope of Writ- The claim interest and other financial reliefs for the alleged negligence of the respondent
332. Outstanding due- When nexus is proved between the defaulting consumer and the petitioner whether the petitioner is bound to pay the defaulting amount
333. Outstanding due- When nexus is proved between the defaulting consumer and the petitioner whether the petitioner is bound to pay the defaulting amount
334. Rejection of plaint- Suit not barred by any provision of any Act
335.Addition of party- Newly elected office bearers whether should be added as a party though the relief sought for in respect of earlier year
336. Addition of party - After the exparte preliminary decree whether party can be added on the ground of devolution of interest
337. Recalling of order: After surrender of accused person whether the Magistrate can recall his order of impounding
338. Transfer: Before completion of investigation remand proceeding whether can be transferred by invoking inherent jurisdiction

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