Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Jatindra Mohan Das - Multiple references to legal cases involving Jatindra Mohan Das, including judgments, land disputes, and criminal proceedings ["Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State"], ["2025 Supreme(Online)(Gau) 2819"], ["Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State"], ["2025 Supreme(Online)(Gau) 2582"], ["2025 0 Supreme(Ori) 177"], ["2022 0 Supreme(Cal) 839"], ["Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State"], ["2025 Supreme(Online)(GAU) 1258"], ["1949 0 Supreme(Cal) 116"], ["1949 0 Supreme(Cal) 314"].
Court Judgments and Orders:
Notable judgments include decisions by the National Consumer Disputes Redressal Commission (NCDRC), High Courts, and Supreme Court references, emphasizing legal procedures, property ownership, and dispute resolution ["Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State"], ["2025 0 Supreme(Ori) 177"].
Land and Property Disputes:
Courts have examined evidence of criminal conspiracy, forgery, and illegal transfer of land titles, leading to judgments discharging rules or confirming ownership.
Criminal Proceedings:
Courts have scrutinized witness testimonies and evidence, with some co-accused being acquitted or cases being dismissed based on the evidence supporting defense claims ["2025 0 Supreme(Ori) 177"], ["2022 0 Supreme(Cal) 839"].
Legal Principles:
Decisions often emphasize the importance of supporting evidence for defense claims and the validity of documents presented in property disputes.
Conclusion:
References:- Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State_NCDRC_RP_119_2022- 2025 Supreme(Online)(Gau) 2819- Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State_NCDRC_A_59_2019- Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State_HC_TRHC010000692018- 2025 Supreme(Online)(Gau) 2582- 2025 0 Supreme(Ori) 177- 2022 0 Supreme(Cal) 839- Smt. Papiya Mitra vs Smt. Mina Sharma - Consumer State_HC_ODHC010715652016- 2025 Supreme(Online)(GAU) 1258- 1949 0 Supreme(Cal) 116- 1949 0 Supreme(Cal) 314
In the realm of civil litigation in India, one recurring question litigants face is: Does every suit against a public officer or receiver demand a prior notice under Section 80 of the Civil Procedure Code (CPC)? While landmark cases like Kesavananda Bharati often dominate searches for constitutional judgments, procedural nuances in everyday civil suits—like the one in Jatindra Mohan Das v Khitipathinath Mitra—hold immense practical value. This case clarifies when such notices are dispensable, streamlining justice and avoiding unnecessary delays. 1947 0 Supreme(Cal) 180
This blog post breaks down the judgment, its reasoning, implications, and related precedents, helping you navigate similar scenarios.
The dispute in Jatindra Mohan Das v Khitipathinath Mitra revolved around a suit for recovery of arrears of rent. The plaintiff sought to hold the defendant—a receiver—accountable for unpaid rent. Trial courts dismissed the suit, citing the absence of a notice under Section 80 CPC, mandatory for suits against government or public officers. However, the appellate court overturned this, ruling the suit maintainable without notice. 1947 0 Supreme(Cal) 180
This reversal highlights a critical distinction in procedural law.
Section 80 CPC mandates a two-month notice before suing the government or a public officer in respect of any act purporting to be done by such public officer in his official capacity. The burning question was: Does a receiver's failure to pay rent qualify as an official act triggering this requirement? 1947 0 Supreme(Cal) 180
The court leaned toward the latter, drawing from established precedents.
The appellate court meticulously analyzed precedents, notably Revati Mohan Das v Jatindra Mohan Ghose AIR 1931 PC 96. In that case, the Privy Council held that notice under section 80 is not necessary when the act complained of is not performed in an official capacity. 1947 0 Supreme(Cal) 180 1993 0 Supreme(Mad) 262
Applying this:- The receiver's omission to pay rent was deemed a private act, akin to personal liability, not tied to official duties.- ACT PURPORTING TO BE DONE IN OFFICIAL CAPACITY - ACT-this expression applies to nonfeasance as well as to misfeasance. 1968 0 Supreme(SC) 175- Thus, Section 80 did not apply, and the suit proceeded on merits.
This ruling echoes broader interpretations: In Amalgamated Electricity Co. v. Ajmer Municipality AIR 1969 SC 227, the Supreme Court extended act to illegal omissions, but only in official contexts. Here, the private tint exempted it. 1968 0 Supreme(SC) 175
Several judgments reinforce this nuance:- In a suit under Section 70(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, the court ruled it maintainable without Section 80 notice on Commissioner/Deputy Commissioners, as they were sued as statutory authorities, not individuals. 1993 0 Supreme(Mad) 262- Revati Mohan Das v Jatindra Mohan Ghosh, 61 Ind App 171, distinguished optional acts/omissions from official ones, directly influencing the present case. 1974 0 Supreme(SC) 46 1993 0 Supreme(Mad) 262- References in State of Maharashtra v Chander Kant AIR 1977 SC 148 affirm that Section 80's scope is limited to official purports. 1968 0 Supreme(SC) 175
These citations underscore judicial consistency, preventing rigid application of procedural bars.
The judgment clarifies: Not all receiver or public officer acts need Section 80 notice if private (e.g., rent default). This reduces technical dismissals, promoting substantive justice. 1947 0 Supreme(Cal) 180
Litigants gain clarity: Characterize the act first—official vs. private. Failure to pay debts by estate managers under Bengal Tenancy Act was similarly non-official. 1974 0 Supreme(SC) 46
By limiting Section 80's reach, courts avoid delays. As noted in Bombay Port Trust discussions, delay in dispensing justice is in itself an act of injustice. 1974 0 Supreme(SC) 46
Other sources mention tangential names like Jatindra Mohan Avenue in consumer disputes
Smt. Papiya Mitra vs Smt. Mina Sharma
, but the core principle remains procedural flexibility.Shri Gouranga chandra deb vs Sri Tusher Kanti Goswami and Ors
Critics argue over-reliance on official capacity invites subjectivity. Yet, precedents like Hirania vs Ram Piari and others maintain this view for consistency. 1966 0 Supreme(Raj) 157
In criminal contexts, like murder appeals 1984 0 Supreme(Cal) 342, procedural rigor differs, but civil suits benefit from this leniency.
The Jatindra Mohan Das v Khitipathinath Mitra judgment is a beacon for procedural justice under CPC. It empowers suits like rent recoveries against receivers without undue notice hurdles, fostering efficiency. While this analysis draws from key sources, this is general information, not legal advice. Consult a qualified lawyer for your specific case, as outcomes may vary by facts and jurisdiction.
Stay informed—procedural clarity leads to swifter justice.
Sri Alok ChowdhuryS/o, Lt Amal Chandra Chowdhury. 51B, Jatindra Mohan Avenue, P.S.- Shyampukur, Kolkata- 700 005.5. ... Sri Ashok ChowdhuryS/o, Lt Amal Chandra Chowdhury. 51B, Jatindra Mohan Avenue, P.S.- Shyampukur, Kolkata- 700 005.4. ... Papiya MitraW/o, Lt Tarun Baran Mitra. 297, Nagendra Nath Road, P.O. & P.S.- Dum Dum, Kolkata- 700 028, Dist- North 24 Parganas. ... Priyanka #HL_STA....
ANITA DAS D/O LATE SURENDRA CH. DAS W/O SRI SWAPAN DUTTA R/O SONAI ROAD NEAR HOLY CROSS SCHOOL PH. BARAKPUR P.S.-SILCHAR DIST-CACHA Linked Case : MC/69/2024 JATINDRA MOHAN DAS S/O LATE JOGENDRA CH. DAS R/O TIKARBASTI VIVEKANANDA ROAD SILCHAR TOWN P.S. ... (Civil)/3173/2024 JATINDRA MOHAN DAS S/O LATE JOGENDRA CH. DAS....
HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT This Appeal has been directed against the judgement and order dated 12.12.2018 passed by erstwhile Ld. ... JUSTICE ISHAN CHANDRA DAS PRESIDENT HON'BLE MRS. ... JUSTICE ISHAN CHANDRA DAS]PRESIDENT [HON'BLE MRS.
and Jatindra Das. ... Das and Jatindra Mohan Das of Pabiacherra, Fatikroy, now under Unakoti district. ... Das and Jatindra Mohan Das as they were dispossessed by the proforma defendant No.14. ... Das and Jatindra Mohan Das sold out the sai....
JATINDRA MOHAN BARMAN R/O. B.R. DEKA PATH JALUKBARI, GUWAHATI-14 DIST. KAMRUP (M) ASSAM PIN-781013 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-06. ... DAS S/O. SRI GANGADHAR DAS VILL. PATANI P.O. HAJO, DIST. KAMRUP ASSAM PIN-781102 For petitioner/appellant(s) : Mr. K. N. Choudhury, Sr. Advocate Mr. C. Goswami, Advocat....
SUDEB MITRA PRESIDING MEMBERHON'BLE MR. ... Sri Mrinal Kanti DasSon of Sudhir Kumar Das, Resident of village and Post-Barjora,District-Bankura-722202...........Respondent(s)PRESIDING MEMBER[HON'BLE MR. ... Cause Title/Judgement-Entry Dated : 24 Feb 2023 Final Order / Judgement
Taking into consideration the entire conspectus of the matter, it would be apt to rely on the judgement of the Hon’ble Supreme Court in Tarak Nath Keshari V. ... In the case of Ramanath Das v. State of Orissa, reported in 1981 C.L.R. 80, his lordhsip of our own High Court held that the defence plea, if finds support from the evidence of some of the prosection witnesses, should be accepted. ... Jatindra Swain, who also deposed as D.W.2, st....
Kishan Lal Co. represented by its Managing Director, In-Charge, Manas Bandhopadhya & another, Sale Deed being No. 558 dated 19.3.1964 by which Shri Jatindra Nath Biswas purchased the property from Kunja Mohan Dutta in Dag Nos. 3,4 land 1.58 and 1.31 total 2.89 acres etc. ... Investigation further established that Partha Das Chowdhury, in criminal conspiracy with Jatindra Nath Biswas also submitted to the IDBI Bank Ltd. Fal....
Mohan Das …… Petitioner IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC (CPC) No.64 of 2016 Jatindra
3: JATINDRA DAS S/O- LT. SUREN DAS. 4: BHUSHAN DAS S/O- KHITISH DAS ALL ARE R/O VILL.- SINGRIMARI NO. 1 P.O.- BARPANI P.S.- KACHUWA DIST.- NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY- 6. ... 6:THE GROUP OF MINISTERS HEADED BY THE SHRI CHANDRA MOHAN PATOWARY HONBLE MINISTER INDUSTRIES AND COMMERCE DEPTT. (THROUGH THE CHIEF ....
Therefore that decision has no application to the facts of the present case. Therein a manager of an estate appointed under S. 95 of the Bengal Teancy Act, 1885 executed a mortgage in favour of the predecassor of the plaintiff therein after obtaining the sanction of the local court. The case which is relevant for our present purpose is Revati Mohan Das v. Jatindra Mohan Ghosh 61 Ind.
On both sides of Durga Charan mitra Street there are different shops, hotels and residential houses. Durga Charan Mitra street runs from West to East, linking rabindra Sarani to the western side and jatindra Mohan Avenue to the east. 2. ON 23rd August, 1976 at about 12-30 at dead of night the deceased Kashia was passing along Durga Charan Mitra street, Calcutta. It is a narrow street less than five meters in width and on its way it projects small lanes on either side and Sona....
That decision, however, is distinguishable and relates to an optional act or omission of a public officer where it could not be designated that the failure to pay the dept by a manager was an illegal omission constituting an act under Section 3 of the General Clauses Act. 26. Sri Cooper reinforced his contrary by reliance on the case of Revati Mohan Das v. Jatindra Mohan Ghosh 61 Ind. App 171 which dealt with S. 80 of the Civil Procedure Code.
Therein a manager of an estate appointed under Section 95 of the Bengal Tenancy Act, 1885 executed a mortgage in favour of the predecessor of the plaintiff therein after obtaining the sanction of the local court. Therefore that decision has no application to the facts of the present case. The successor of that manager failed to discharge the mortgage debt. The case which is relevant for our present purpose is Revati Mohan Das v. Jatindra Mohan Ghosh, 61 Ind App 171.
The same view was taken in the following three cases, Hirania vs. Ram Piari (2), Kirode Chandra Das vs. Ramani Mohan Dhar (3) and K.P. Sinha vs. Jatindra Nath (4).
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