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Documents citing Kishore Kumar Khaitan & Anr vs Praveen Kumar Singh on 13 February, 2006

Jiten Das &Ors vs Matiary Vivekananda Shikshalay & Anr on 17 June, 2020

16. Summing up the discussion made above it can safely be concluded that the purchase value of the suit property cannot be the sole criterion to revise the value put in by the petitioners for their relief of said counter- 10 claim. The Hon'ble Supreme Court in the case of Kishore Kumar Khaitan and another vs. Praveen Kumar Singh reported in (2006) 3 SCC 312 has held that the jurisdiction under Article 227 of the Constitution of India may be restrictive in the sense that it is to be invoked only to correct errors of jurisdiction, but when a Court asks itself a wrong question or approaches the question in an improper manner, even if it comes to a finding of fact, it will still be amenable to correction at the hands of the High Court under Article 227 of the Constitution of India. The learned Trial Judge by revising the value of the said relief of counter-claim solely on the basis of the purchase value of the suit property has certainly committed a jurisdictional error, consequently the argument of Mr. Mallick on this score also fails.
Calcutta High Court (Appellete Side) Cites 18 - Cited by 0 - B Basu - Full Document

Aynur Molla vs Abu Taleb Molla & Ors on 18 April, 2022

Mr. Samim Ahammed, Ms. Ambiya Khatun ... For the petitioner. Mr. Anirban Mitra, Mr. Amit Halder, Md. Wasim Akram ... For the opposite party no. 1. The revisional application under Article 227 of the Constitution of India is at the instance of the defendant in a suit for declaration of title and injunction being Title Suit No. 24 of 2014 pending before the 2nd Court of learned Civil Judge (Junior Division) at Basirhat, District - 24 Parganas (North). In the said suit the plaintiff, the opposite party no. 1 herein, filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure which the learned Trial Judge dismissed by the Order No. 38 dated January 06, 2017. The plaintiff aggrieved by the said order preferred the connected Miscellaneous Appeal No. 05 of 2017. The appeal Court below by the order impugned being order dated September 30, 2019 has allowed the said appeal thereby has directed the parties to the suit to maintain status quo in respect of the suit property till the disposal of the said suit. The Hon'ble Supreme Court in the case of Kishore Kumar Khaitan & Anr. vs. Praveen Kumar Singh reported in (2006) 3 Supreme Court Cases 312 has deprecated passing of an order of status quo without indicating what the status quo was. 2 The aforesaid dictum of the Hon'ble Supreme Court renders the order impugned unsustainable and is accordingly set aside. The appeal Court below is requested to decide the said appeal afresh in accordance with law.
Calcutta High Court (Appellete Side) Cites 4 - Cited by 0 - B Basu - Full Document

Authorized Signatory Mr. Ananta Sinha & ... vs Radiant Epc Private Limited on 13 August, 2024

The learned Trial Judge on the application of the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure had passed an ad interim order of injunction vide order dated May 14, 2024, thereby directing the parties to maintain status quo in respect of the suit property till June 19, 2024. The defendants, the opposite parties herein assailed the said order in the Miscellaneous Appeal No. 71 of 2024. 2 The 8th Court of learned Additional District Judge at Barasat, District: 24 Parganas (North) by the order impugned dated July 29, 2024 has allowed the said appeal, thereby setting aside the said ad interim order of injunction holding that the status quo, without indicating what the status quo is, is in violation of the judicial principle enunciated by the Hon'ble Supreme Court in the case of KISHORE KUMAR KHAITAN AND ANOTHER Vs. PRAVEEN KUMAR SINGH, reported in (2006) 3 SCC 312. This Court does not find any reason to interfere with the order impugned.
Calcutta High Court (Appellete Side) Cites 3 - Cited by 0 - B Basu - Full Document
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