Kolkata Court August 2007 Judgments
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Pawan Kumar Agarwal and ors. Vs. North Bengal Neuro Research Centre P. ...
Court: Kolkata
Decided on: Aug-22-2007
Reported in: [2008]143CompCas235(Cal)
Sanjib Banerjee, J.1. The petitioners seek winding up of the company on its refusal to repay loans of combined value of Rs. 6,05,000 obtained between 1997 and 1999, allegedly acknowledged in 2000 and 2003 but not repaid despite issuance of the notice under Section 434(1)(a) of the Companies Act, 1956.The petitioners assert that they had made the money available to the company in connection with the construction of a hospital by the company in Siliguri and that the company had agreed to pay interest at the rate of 24, per cent, per annum on such loan.2. The petitioners rely on a letter of October 10, 2000, said to have been issued by the company and appearing to be signed by Dr. W. W. Chhang, the chairman-cum-director of the company and the apparent admission of the company found in the second and third paragraphs of such letter:Details of the received cheques and cash are as follows:Sri Pawan Kumar Agarwal, Smt. Mina Devi Agarwal and Smt. Kalpana Agarwal-Rs. 1,50,000, 2,50,000 and 1,00...
Siddarth Automobiles Ltd. Vs. Ashok Leyland Finance Ltd.
Court: Kolkata
Decided on: Aug-22-2007
Reported in: 2008(1)CHN1073
1. This appeal is directed against an order dated May 18, 2007 when the Hon'ble First Court was pleased to admit the petition for a sum of Rs. 2.10 crore (Rs. 60 lakhs plus Rs. 1.5 crore) on account of principal together with interest at the rate of 8 per cent per annum on the principal sum of Rs. 60 lakhs from March 18, 2002 as by a letter of such date the petitioner was unconditionally offered to supply vehicles of value of Rs. 60 lakhs and sought to adjust it against the sum due in its books to the petitioning creditor.2. The Hon'ble First Court further held that if the company pays a sum of Rs. 60 lakhs together with interest as aforesaid to the petitioner within six weeks from date and furnishes cash security of Rs. 1.5 crore to the Registrar, Original Side of this Court for the same being deposited in the highest interest bearing deposit within eight weeks from date, the petition shall remain permanently stayed. In such event, the balance claim of the petitioner, save to the exte...
North Bengal Neuro Research Centre (P.) Ltd. Vs. Pawan Kumar Agarwal
Court: Kolkata
Decided on: Aug-22-2007
Reported in: [2008]87SCL121(Cal)
ORDERSanjib Banerjee, J.1. The petitioners seek winding up of the Company on its refusal to repay loans of combined value of Rs. 6,05,000 obtained between 1997 and 1999, allegedly acknowledged in 2000 and 2003 but not repaid despite issuance of the notice under Section 434(1)(a) of the Companies Act, 1956.The petitioners assert that they had made the money available to the Company in connection with the construction of a hospital by the Company in Siliguri and that the Company had agreed to pay interest at the rate of 24 per cent p.a. on such loan. The petitioners rely on a letter of 10-10-2000 said to have been issued by the Company and appearing to be signed by Dr. W.W. Chhang, the Chairman-cum-Director of the Company and the apparent admission of the Company found in the second and third paragraphs of such letter:Detail of the received cheques and cash are as follows:Sri Pawan Kumar Agarwal, Smt. Mina Devi Agarwal & Smt. Kalpana Agarwal Rs. 1,50,000, 2,50,000 and 1,00,000 vide Chequ...
Debabrata Mondal and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-21-2007
Reported in: AIR2008Cal13
ORDERJayanta Kumar Biswas, J.1. The two petitioners in this writ petition dated April 15th, 2004 are aggrieved by the decision of Land Manager and Ex-officio Assistant Secretary to the Government of West Bengal, Urban Development Department dated May 26th/28th, 2003, which is:I am directed to refer to your letter dated 29-1-2003 on the subject noted above and to inform you that the Deptt. regrets its inability to consider your prayer for mutation of the subject plot of land since the stepsons are not to be treated as legal heirs for the purpose of inheritance to the property of Step-mother.2. By a deed dated September 11th, 1970 the State Government leased the land at plot No. 268 in AB block of sector I of the Salt Lake City to one Jyoti Chowdhury for 999 years. In the recitals of the deed it was stated that the expression 'lessee' would include Jyoti's heirs, executors, administrators, representatives and assigns. In the habendum, Clause 2(12), it was stated that on her dying intesta...
Maina Devi and ors. Vs. Panchu Das and anr.
Court: Kolkata
Decided on: Aug-21-2007
Reported in: 2008ACJ2322
Alok Kumar Basu, J.1. Appellant Maina Devi preferred a claim application before the learned District Judge at Alipore under Section 166 of Motor Vehicles Act, 1988, on account of death of one Awadh Narayan Passy who was a security guard under Calcutta Port Trust, drawing a monthly salary of Rs. 11,453 at the time of his accident. Appellants Maina Devi claimed compensation to the tune of Rs. 12,00,000 with costs and interest.2. The claim petition was subsequently transferred for disposal to the learned Thirteenth Additional District Judge, Alipore and before the learned Tribunal, Panchu Das, owner of the offending vehicle did not contest the claim application and only New India Assurance Co. Ltd. with whom the offending vehicle was insured, contested the claim application and challenged the claim of the appellants.3. The learned Tribunal after considering both oral and documentary evidence adduced by the claimants in support of their claim application by its order dated 22.12.2005 award...
Board of Trustees, Braithwaite Burn and Jessop Construction Co. Ltd. V ...
Court: Kolkata
Decided on: Aug-17-2007
Reported in: 2007(4)CHN1,[2007(115)FLR358],(2008)ILLJ21Cal
Pranab Kumar Chattopadhyay, J.1. The short question that arises before us for consideration in this appeal is whether the employees of the exempted establishment are entitled to enjoy the benefit of interest at the statutory rate even though the appropriate Government did not issue any notification amending the exempted scheme?2. By an order dated 12.02.1955, clerical and supervisory staff, subordinate staff, operators and coolies were granted provisional exemption under paragraph 27A of the Employees' Provident Funds Scheme, 1952 subject to condition specified in Section 17(3) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. On 15.09.1988, respondent No. 1 was informed about retirement on 31st December, 1988 on attaining the age of superannuation. After a lapse of more than 4 years from the date of said retirement, the learned Advocate on behalf of the respondent No. 1 wrote to the Regional Provident Fund Commissioner on 16.11.1992 for a direction upon the app...
Uttam Kumar Maiti Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-17-2007
Reported in: 2007(4)CHN499
1. The subject-matter of challenge in the present appeal is an order dated 20.12.06 passed by the learned Single Judge of this Court in W. P. No. 26838 (W) of 2006.2. In the writ application, the only prayer made by the writ petitioner/ appellant was for a direction upon the respondent authorities to allow the writ petitioner to appear in the interview for appointment in the post of clerk. Since the name of the writ petitioner was not sponsored by employment exchange, he approached this Court by filing a writ application for such direction upon the respondent authorities to allow the petitioner to appear in the interview. The writ application was rejected by the learned Single Judge on the ground that there was no specific averment in the writ application stating that the name of the writ petitioner was not earlier sponsored by the employment exchange concerned.3. It is the main contention of the learned Advocate of the appellant/writ petitioner that the recruitment procedure followed ...
Trinath Biswas Vs. Raiganj Flour Mills Private Limited and ors.
Court: Kolkata
Decided on: Aug-17-2007
Reported in: 2007(4)CHN531
S.S. Nijjar, C.J.1. The petitioner at the relevant time when the order was passed by the learned Single Judge, i.e. 6th November, 2006 was posted as Deputy Chief Electrical Inspector. He was required to take necessary steps in strict compliance with the orders passed by the learned Single Judge on 26'1 April, 1996 in CO. 5264 (W) of 1994. The direction was as follows:The West Bengal State Electricity Board shall comply with award and from the money received by it from the Chief Electrical Inspector adjust the amounts due to it in terms of the award and refund the balance, if any to the writ petitioner and in the event there is any shortfall the writ petitioner shall make payment upon notice to be issued by the West Bengal State Electricity Board within period of four weeks from the date of service of such notice.It was contended on behalf of the writ petitioner there is dispute regarding the period to which the terms of the second Clause of the award made and published by the Chief Ele...
i.B. Enterprise and ors. Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Aug-17-2007
Reported in: AIR2007Cal288
Bhaskar Bhattacharya, J.1. This-mandamus-appeal is at the instance of an unsuccessful writ-petitioner and is directed against the order dated June 28, 2007 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellant on the ground that the same was not maintainable.2. In the writ-application, the writ-petitioner, a bidder participating in the process of tender issued by the CESC Ltd., a licensee under the Electricity Act, 2003, challenged the same on the ground of alleged irregularity and consequent violation of the Article 14 of the Constitution of India. In the writ-application, the appellant further prayed for direction upon the CESC Ltd. to consider the offer of the appellant as mentioned in annexure P-5 and P-9 of the writ-application. The appellant has prayed for injunction restraining the respondents from giving any effect or further effect or acting in terms of or in furtherance to any decision taken by them in conne...
The State of West Bengal Vs. Prabir Chakraborty and Swapan Mondal
Court: Kolkata
Decided on: Aug-17-2007
Reported in: (2007)3CALLT545(HC)
Girish Chandra Gupta, J.1. Both these appeals are directed against a common Judgment dated 15th December, 2005 delivered by our brother A.K. Banerji, J. holding that the petitioners, working as cooks, assistant cooks and helpers in the hostels of technical colleges, appointed by the Mess Committee of the respective college, are and should be treated as group-'d' employees under the respective institute and the benefits admissible to other group-'d' employees of the institutes should be extended to them. A direction for notional fixation of their pay from the date of their appointment has also been issued. However the actual benefits have been directed to be extended from the date of filing the writ petitions. The facts and circumstances of the case briefly stated are as follows:2. Prior to 7th December 1981 the engineering and technological colleges, polytechnic colleges, junior technical schools and the institutions for the handicapped under the administrative control of the Director ...
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