Kolkata Court May 2007 Judgments
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Deba Prasad Roy and anr., Vs. Regional Director, Department of Company ...
Court: Kolkata
Decided on: May-11-2007
Reported in: 2007(4)CHN238,[2008]141CompCas140(Cal),(2008)1CompLJ416(Cal),[2008]83SCL280(Cal)
Sanjib Banerjee, J.1. The primary question raised in these applications under Section 633(2) of the Companies Act, 1956, is whether the petitioners actively concealed material facts from the annual report of SBI Home Finance Ltd. ('the company') for the financial years ended March 31, 2000 and March 31, 2001. The Registrar of Companies required the petitioners to show cause why penal action under Section 628 read with Section 211 should not be initiated against them. The petitioners have replied to the Registrar's letter of December 31, 2004, but upon apprehension that the Registrar may institute criminal proceedings, have applied to the court seeking to be excused for the offence, if any, committed by them.2. The State Bank of India promoted the company and along with some other banks and financial institutions held the entire paid-up capital of the company. For reasons not necessary to be gone into, the promoter who was in control through its officers as nominated directors of the co...
Amaresh Das and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-10-2007
Reported in: 2007(3)CHN170
Bhaskar Bhattacharya, J.1. This application under Article 226/227 of the Constitution of India is at the instance of the unsucessful applicants before the West Bengal Land Reforms and Tenancy Tribunal and is directed against order dated February 15, 2007 passed by the said Tribunal thereby dismissing the application filed by the writ petitioners.2. Being dissatisfied with an order dated July 3, 2002 passed by the B.L. & L.R.O. concerned, the private respondents before us, the owners of the disputed lands, moved an application before the Tribunal thereby challenging the order of the said B.L. & L.R.O. by which the predecessors-in-interest of the present writ petitioners were declared bargadar in respect of the property in dispute with direction upon him to take possession of the property concerned. The Tribunal dismissed the said application on the ground that the private respondents had efficacious alternative remedy by way of appeal.3. Being dissatisfied, the private respondents, in t...
Apeejay Oxford Bookstores Private Limited Vs. Hotel Leela Venture Limi ...
Court: Kolkata
Decided on: May-10-2007
Reported in: (2007)3CALLT43(HC)
Sanjib Banerjee, J.1. The question raised, as to the jurisdiction of this Court to receive the petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, is a fallout of the present view that a request to a Chief Justice for a reference to arbitration involves the discharge of functions of judicial nature.2. The parties entered into an agreement on January 31, 2003 for the petitioner to run a bookstore at the respondent's hotel in Bangalore and for the parties to share profits from the bookstore business in addition to the respondent being entitled to a fixed monthly sum. It appears from the correspondence leading up to the respondent's final letter that the respondent was not satisfied with the accounts of the bookstore that it received from the petitioner, the insinuation being that the receipts were underplayed and the expenses overstated so that the payout to the respondent on account of its share of profits would be less. The respondent took the extreme step of de...
Md. Nurul Islam Mondal Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-10-2007
Reported in: 2007(4)CHN461
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Section 482 of the Cr. PC praying for quashing of a proceeding of G.R. Case No. 901 of 2006 corresponding to Baruipur P.S. Case No. 214 dated 12.9.2006.2. Case of the petitioner is that opposite party No. 2 was married with petitioner as per Muslim rites. But due to mal-adjustment in between the spouse, matrimonial relationship broke down and ultimately, petitioner gave talak on 3.5.2006 to opposite party No. 2. Before that, said opposite party No. 2 left the matrimonial house on 23rd April, 2006 leaving her minor son in the house of the petitioner.3. On 2.5.2006 the opposite party No. 2 filed a petition of complaint before the Id. Additional Chief Judicial Magistrate, Baruipur against the petitioner for alleged commission of offence punishable under Section 323/343 of the Indian Penal Code and the said case was numbered as C-321 of 2006. On the same day the opposite party No. 2 filed a petition praying for i...
Parama Nanda Mahato Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: May-10-2007
Reported in: 2007(4)CHN972
Dipankar Datta, J.1. The petitioner is a doctor practising Homoeopathy. He is registered with the Council of Homoeopathic Medicine, West Bengal.2. For the purpose of election of members from West Bengal (four in all) to the Central Council of Homoeopathy, the petitioner is an elector. Voting paper was sent to him by the Returning Officer. It is the petitioner's grievance that the voting paper bears a serial number which is exactly the same serial number printed on the certificate issued in his favour by the Council of Homoeopathic Medicine and, in view thereof, once he casts his vote his identity would be disclosed, which is not permissible in terms of the rules governing the field of election of members to the Central Council of Homoeopathy.3. Mr. Roy Chowdhury, learned Counsel appearing on behalf of the petitioner has invited the attention of this Court to the various provisions of Homoeopathy Central Council (Election) Rules and has contended that the action of the Returning Officer...
Indian Airlines Limited Vs. Rita Saha and ors.
Court: Kolkata
Decided on: May-10-2007
Reported in: 2008(2)CHN735
Aniruddha Bose, J.1. In the instant writ petition under challenge is an order passed by the National Industrial Tribunal, Mumbai, by which an application filed by the writ petitioner for approval of an order of removal respondent No. 1 has been rejected. In the main writ petition an interim order has been passed staying the operation of the impugned order being Annexure P-23 to the writ petition.2. Subsequently an affidavit affirmed by the respondent No. 1 has been filed in which it has been pleaded that she is not gainfully employed in any establishment from the date of termination of her service till the date of affirming the affidavit, which is 19th March, 2007. This affidavit has been filed in terms of Section 17B of the Industrial Disputes Act, 1947. There has been no specific prayer or relief claimed in this affidavit excepting statements to that extent.3. Learned Counsel for the respondent No. 1 has however, submitted that in terms of Section 17B of the Industrial Disputes Act, ...
Rabneshwar Sharma Vs. Shrachi Securities Limited
Court: Kolkata
Decided on: May-08-2007
Reported in: 2007(3)CHN372
S.P. Talukdar, J.1. A very strange problem, indeed.2. This Court in response to the application under Article 227 of the Constitution is called upon to make such order which can bring the alleged inertia of inaction on the part of the learned Arbitrator to an end.3. Grievance of the petitioner, as ventilated in the application under Article 227 of the Constitution, relates to alleged failure to exercise jurisdiction vested in the learned Arbitrator by not adjudicating and passing any order in response to the application dated 17.5.2005 under Section 17 of the Arbitration and Conciliation Act, 1996.4. The backdrop of the present dispute may be capsulated in a few sentence as follows:Petitioner's father, since deceased, made a higher purchase agreement in 1999 in respect of purchase of a new Mahindra Commander jeep valued at Rs. 3,23,256/-. Apart from initial payment of an amount of Rs. 6,192/-, the petitioner paid an amount of Rs. 4,40,018/- directly to the opposite party against receip...
Oriental Mercantile Co. Ltd. Vs. Binod Behari Dutt Trust and ors.
Court: Kolkata
Decided on: May-08-2007
Reported in: 2007(3)CHN386
Aniruddha Bose, J.1. The instant interlocutory motion has been taken out by the plaintiff primarily to negate the impact of a decree for eviction passed against them by the Court of learned First Munsiff, at Alipore. The proceeding for execution of the said decree, which was passed on or about 30th September, 1997 is pending before the Court of learned 1st Civil Judge, Junior Division at Alipore, being Title Execution Case No. 1 of 1998. The first defendant, who at present is prosecuting the execution proceeding claims to be the owner in respect of certain premises comprised of three holding numbers, being 36A, 36B and 36C, Pratapaditya Road, Kolkata, of which the plaintiff was the tenant. The exact date of commencement of the tenancy has not been disclosed, but it has been pleaded that the plaintiff was inducted as a tenant much prior to the year 1951.2. One Heramba Chandra Chowdhury was the original landlord of the plaintiff. It appears that he purchased the premises in the year 1941...
Lmj International Ltd. Vs. Sea Stream Navigation Ltd.
Court: Kolkata
Decided on: May-08-2007
Reported in: AIR2007Cal260,2008(1)ARBLR83(Cal),(2007)3CALLT424(HC)
Kalyan Jyoti Sengupta, J.1. The above appeal has been preferred against a judgment and order dated 17th September, 2003 passed by a learned single Judge in Execution Case No. 28 of 2003 whereby and whereunder the learned Judge has granted reliefs in terms of prayers in column 10 of the Tabular Statement enforcing a foreign award under the provisions of Section 49 of the Arbitration and Conciliation Act, 1996 (hereinafter referred in short as the said Act). This appeal was admitted by a judgment and order dated 19th September, 2003 by the Division Bench of this Court presided over by the Hon'ble Mr. Justice D.K. Seth and the Hon'ble Mr. Justice R.N. Sinha (as their Lordships then were) subject to the question of maintainability and preliminary objection. By this order no formal paper book was asked to be filed dispensing with other formalities and treating the application as informal paper book, however, liberty was granted to include additional papers in the informal supplementary pape...
Gangadhar Dutta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-08-2007
Reported in: 2008(1)CHN41
1. The appellant being a third party has impugned the judgment and order dated 26th December, passed by the learned Single Judge in a writ petition being described as Tender No. 607 of 2006.2. On plain reading of the judgment impugned it appears to be an order which is not supportable under any circumstances as the impact of the order is a final result of the writ petition as if it had been heard out finally. We accordingly set out the text of the order of the impugned judgment and order:The Court: After having considered the facts and circumstances of the case, there will be an interim order in terms of prayer (f) of the petition.Since the validity of the present licence, I am told, is to expire of 31st December, 2006 the petitioner would be at liberty to apply for renewal of his validity licence.Since the validity of the present licence is to expire and since the petitioner has been sufficiently protected by the above interim order, the writ petition is disposed of as above.Since no ...
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