Arka Bhattacharya and Ors. v. Utpal Roy
Case brief
What is this about?
This Court modified an order imposing civil imprisonment for violation of an injunction, reducing the detention period and specifying attendance procedures due to the minor nature of the violation involving plastering and painting.
What did the court decide?
Petitioners 1 and 2 detained at Mallarpur Police Station from 11 am to 2 pm; Petitioner 3 to appear via advocate. Cost of Rs.500 to颤抖. Order modified.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
07.07.2023 Sl. No.6(DL) srm
C.O. No. 1360 of 2022
Arka Bhattacharyya & Ors.
Versus
Utpal Roy
Ms. Sohini Chakraborty, Ms. Prajaaini Das
…for the Petitioners.
Mr. Partha Pratim Roy, Mr. Sarbananda Sanyal
…for the Opposite Party.
The revisional application has been filed challenging an order passed by the learned Additional District Judge, Fast Track Court, Rampurhat, Birbhum in Miscellaneous Appeal No.39 of 2017, thereby, affirming an order No.134 dated July 30, 2017 passed by the learned Civil Judge (Senior Division), 2nd Court at Rampurhat, Birbhum.
Both the learned courts below found that the petitioners were guilty of violation of the order of injunction. That slowly and surreptitiously construction was made by the petitioners under the garb of minor painting works which the Hon’ble High Court had allowed, while disposing of C.O. No.2794 of 2015.
Issues for consideration
2 issues framed by the court
Whether the order of civil imprisonment for violation of an injunction order was harsh and excessive.
Whether the learned lower appellate court could reappreciate evidence to modify the civil imprisonment order.
Parties & counsel
- petitioner
Arka Bhattacharyya & Ors.
- respondent
Utpal Roy
Coram
Shampa Sarkar
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · July
- Registered
- Case no.
- CO/1360/2022
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