Kolkata Court September 2008 Judgments
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Kalyani Roy Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-03-2008
Reported in: 2008(4)CHN852
Debasish Kar Gupta, J.1. This writ application is filed by the petitioner for a direction upon the respondent authority to register the lease deed in favour of the petitioner in respect of the plot of land lying and situated at Plot No. 227, Block BE, Sector-1, Salt Lake City as also to grant mutation in respect of the above land in favour of the petitioner.2. The fact of the case in a nutshell is this the aforesaid plot of land was allotted in favour of the father-in-law of the petitioner, namely, Manmatha Nath Roy on December 5, 1967. Pursuant thereto the money was deposited by the aforesaid Manmatha Nath Roy on September 9, 1971.3. Subsequently, the aforesaid Manmatha Nath Roy died on October 15, 1971. On the basis of an application submitted by the husband of the writ petitioner the respondent authority by a communication dated August 14, 1992 asked him to produce certain documents for mutation of the aforesaid plot of land in his favour. Subsequently, the husband of the writ petit...
Marco Shipping Agency Vs. R. Piyarelal International
Court: Kolkata
Decided on: Sep-03-2008
Reported in: 2008(4)CHN520
Ashim Kumar Banerjee, J.Facts:1. By a chartered party dated January 29, 1996 Marco Shipping Agency the appellant abovenamed chartered a motor vessel 'harvest' to the respondent for carrying rice from India to Bangladesh. The charter party contained an arbitration clause. Under the arbitration Clause each party in case of a dispute would nominate their representative as Arbitrator and the Arbitrators would appoint an Umpire whose decision would be final and binding upon the parties. It was agreed that the arbitration would be held at London. Disputes and differences arose by and between the parties. Marco Shipping Agency appointed their nominee, Mr. Patrick O'Donovan as Arbitrator and asked the respondent to appoint their nominee. Respondent appointed Mr. Zahid Vohra, as their nominee at a belated stage. By that time arbitration already commenced. The Arbitrator, Mr. Patrick O'Donovan so nominated by the appellant entered upon reference as sole Arbitrator as the respondent failed to app...
Bhowanipore Gujrati Education Society and anr. Vs. Kolkata Municipal C ...
Court: Kolkata
Decided on: Sep-02-2008
Reported in: AIR2009Cal140,(2008)4CALLT420(HC),2008(4)CHN420
Surinder Singh Nijjar, C.J.1. By orders dated 9th October, 2007 and 15th November, 2007, these groups of writ petitions were referred to the Chief Justice for constituting an appropriate Bench for re-examining and/or reconsidering the matter regarding Constitutional issues raised in the order of reference. The reference has been made in the following terms:54. In the result, I am of the considered view that the objections regarding maintainability of these writ petitions on the ground that (1) a writ petition under Article 226 of the Constitution of India against an order passed by a statutory Tribunal exercising judicial functions is not maintainable and it is only an application under Article 227 that would be maintainable; and (2) a writ petition under Article 226 of the Constitution of India against an order passed by a statutory Tribunal exercising judicial functions is not maintainable within the scope of the rules framed by this Court, - require re-consideration and, therefore, ...
Puskar Raj Wason Vs. Union of India (Uoi) (S.E. Railway) and anr.
Court: Kolkata
Decided on: Sep-02-2008
Reported in: AIR2008Cal255,2008(4)ARBLR567(Cal),2008(4)CHN477
Pranab Kumar Chattopadhyay, J.1. The instant appeal has been preferred from the judgment and order dated 21st March, 2005 passed by a learned single Judge of this Hon'ble Court on the application filed by the appellant herein under Sections 30 and 33 of the Arbitration Act, 1940. By the said application, appellant herein challenged the legality and validity of the award dated August, 30, 1990 passed by the learned Sole Arbitrator.2. It has been argued on behalf of the appellant that the learned single Judge has modified the award made by the learned Sole Arbitrator and virtually passed a new award in respect of the disputes between the parties. The learned Senior Counsel representing the appellant referred to the concluding portions of the judgment under appeal and submitted that the learned single Judge had observed that the learned Arbitrator might have for a noble cause directed payment of costs to the Army Central Welfare Fund, but the awarding of costs to a non-party is not permis...
Contai Co-operative Bank Ltd. Vs. Uday Chandra Dey
Court: Kolkata
Decided on: Sep-02-2008
Reported in: (2008)4CALLT353(HC)
Partha Sakha Datta, J.1. The order dated 25th June, 2008 passed by the learned Civil Judge, Junior Division, 2nd Court, Sealdah in Title Suit No. 287/06 is under challenge at the instance of the defendant.2. The plaintiff-opposite party instituted the suit against the petitioner namely Contai Co-operative Bank-Ltd. for a permanent injunction to restrain the petitioner and its men and agents from effecting seizure of the vehicle without lawful recourse. The Contai Co-operative Bank Ltd., the petitioner herein financed a sum of Rs. 80,600/- in favour of the opposite party for the purpose of procuring a vehicle being No. WB-O4C 536 which is now being run in route No. 215 from Laketown to Howrah. According to the plaintiff-opposite party, a loan-cum-hypothecation agreement/hire purchase agreement was executed between the plaintiff-opposite party and the bank in July 2004 and pursuant to that agreement the bank released and disbursed the amount for the purpose of purchase of the vehicle but...
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