same tests as enunciated in the celebrated judgment of
Kiranmoyee Dassi reported at 49 CWN 246 in a matter pertaining to a summary suit
under ... Civil Procedure , 1908. The rules for assessment as
laid down in Kiranmoyee Dassi were accepted in the judgment reported at (1976) 4 SCC
687 (Mechelec
summary judgment which were precisely enunciated in the case of Sm.
Kiranmoyee Dassi - Vs. Dr. J. Chatterjee (1945) 49 CWN 246 and approved
and followed ... Basic
Equipment Corporation, AIR 1977 SC 577, quoting from Sm. Kiranmoyee
Dassi - Vs. Dr. J. Chatterjee (1945) 49 CWN 246 as follows
Order 37 of The
Code of Civil Procedure , 1908.
In Kiranmoyee Dassi -Vs- J. Chatterjee reported in AIR 1949 Cal
478, the plaintiff had filed ... reported in (1976) 4 SCC 687 the judgment in
the case of Kiranmoyee Dassi was quoted with approval.
In our opinion the standard laid down
also relied on five principles formulated by this Court in
Smt. Kiranmoyee Dassi vs. Dr. J. Chatterjee [1945] 49 CWN
246. He submitted that ... cross objection be
allowed.
21. The appellant relied on Smt. Kiranmoyee Dassi (supra)
wherein the following principles were formulated for grant of
summary judgment
cited the following decisions :
1. 49 Calcutta Weekly Notes Page-246 (Sm. Kiranmoyee Dassi and
another Vs. Dr. J. Chatterjee);
2. All India Reporter ... principle of signing the summary
judgment so pronounced in the case of Kiranmoyee Dasi (Supra).
Five principles so enunciated in paragraph 24 of the said
Lordship then was) in the case of Kiranmoyee, reported at 1945 (49) CWN 246 at page 253. We are of the opinion, that the situations
judgment rendered by Justice S.R.Das of our High Court in
Kiranmoyee Dassi and another vs. Dr. J. Chatterjee reported
after considering the decision of this Courl in the case of Sm. Kiranmoyee Dassi v. Dr. J.Chatterji, reported
principal claim. It is submitted that the Court in the case of Kiranmoyee Dassi reported in (1945) 49 CWN 246, held that when the defendant ... Vasudeb Devshankar Shukla as well as (1945) 49 CWN 246 Sm. Kiranmoyee Dasi v. Dr. J. Chatterjee. On the contrary it has been submitted
Kopil Deo Pandey v. Vosudeb Deushonkar Shukla reported in (89 CWN 728), Kiranmoyee Dasi v. Dr. J. Chatterjee reported in AIR 1949 Calcutta