Skip to main content

Posts

Showing posts with the label Calcutta High Court

Prisoners Have A Fundamental Right to Trade, and Profession

An imprisoned developer wanted to sell property to the willing buyers by executing a registered sale deed. Several prayers were made before the jail authority regarding the same but it did not yield any result. The prisoner’s wife then approached the Calcutta High Court. On hearing the matter, Justice Joymalya Bagchi maintained – “Right to carry on trade and profession including right to convey property in course of such business is an essential fundamental right enshrined under Article 19(i)(g) of the Constitution of India and the same do not stand eclipsed by the continuing incarceration of a prisoner. Hence, I am of the opinion that incarceration of the husband of the petitioner shall not disentitle him from executing sale deeds to convey flats in favour of intending purchasers in accordance with law.” The judge further interpreted prison as being the temporary home of the inmate- “When a prisoner is incarcerated in a correctional home, it is to be deemed that the priso...

Hire purchase - owner - hirer - possession - movable property - Abitration - Calcutta High Court

1) SBP and Company vs. Patel Engineering Ltd. reported in AIR 2006 SC 450= (2005) 8 SCC 618 2)  Fair Air Engineers (P) Ltd. and another v. N.K. Modi (1996 (6) SCC 385 3)  R.M.A.R.A. Adaikappa Chettiar and anr. v. R. Chandrasekhara Thevar (AIR 1948 P.C. 12) 4) Atul Singh and others vs. Sunil Kumar Singh and others reported in (2008) 2 SCC 602 5) India Household and Healthcare Ltd vs. LG Household and Healthcare Ltd. reported in AIR 2007 SC 1376 6) Haryana Telecom Ltd. vs. Sterlite Industries (India) Ltd. reported in AIR 1999 SC 2354 7)  Sundaram Finance Ltd. vs. NEPC India Ltd. reported in AIR 1999 SC 565 8) Rame Gowda (D) by L.Rs v. M. Varadappa Naidu reported in AIR 2004 SC 2609 9)  Charanjit Singh Chadha vs. Sudhir Mehra- (2001) 7 SCC 417 10) Manipal Finance Ltd. vs. T. Bangarappa - 1994(Supp) 1 SCC 507 11) Sardar Trilok Singh vs. Satvadeo Tripathi - (1979) 4 SCC 396 12) K.A.Mathai vs. Kora Bibbikutti- (1996) 7 SCC 212 13) Orix Fi...