Kolkata Court July 2010 Judgments
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Hindustan Fertilizer Corporation Ltd. Vs. Tata Chemicals Ltd.
Court: Kolkata
Decided on: Jul-23-2010
This appeal is at the instance of a defendant No.1 in a suit for declaration and injunction and is directed against order dated 11th May, 2007 passed by a learned Single Judge of this Court by which His Lordship disposed of an application for temporary injunction restraining the appellant from invoking the 2 Bank-Guarantee mentioned in the application on condition that the plaintiff should go on renewing the Bank-Guarantee. Being dissatisfied, the defendant No.1 has come up with the present appeal. The plaintiff-respondent No.1 (TATA Chemicals Ltd.) filed a suit in the Original Side of this Court against the appellant and the respondent No.2, the Bank, thereby praying for the following relief: a) Declaration that the said letter of invocation of the Bank Guarantee by the respondent No.1 as communicated by the respondent No.2 through the E-mail dated 22nd day of December, 2004 be adjudged null and void and/or the same be cancelled and/or rescinded; b) Perpetual injunction restraining th...
Soumen Majumdar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-23-2010
The Court : This writ application is directed against the failure and/or refusal of the State Transport Authority, West Bengal, to grant permit to the petitioner notwithstanding issuance of a letter of offer. The petitioner applied for permit to operate a vehicle on the route from Barasat to Kamalpur via-Barrackpore, Dunlop, Vivekananda Bridge, N.H.-6, Uluberia, 58 No. Gate and Shyampur. On May 22, 2008 the application of the petitioner for permit was considered by the State Transport Authority at its board meeting held on July 3, 2008. The petitioner appeared before the State Transport Authority through his advocate. According to the petitioner, on November 18, 2008 the petitioner received copies of the resolution adopted by the State Transport Authority at its aforesaid meeting held on July 3, 2008. The resolution is extracted hereinbelow for convenience:Advocate present on behalf of the applicant. The route Barasat to Kamalpur via-Barrackpore, Dunlop, Vivekananda Bridge, N.H.-6, Ulu...
Rajesh Industrial Corporation and anr. Vs. West Bengal Industrial Deve ...
Court: Kolkata
Decided on: Jul-23-2010
The Court :-The petitioners are questioning the decision of the West Bengal Industrial Development Corporation Ltd. dated May 28, 2010 (at p.35) cancelling allotment of a plot in Plato Steel Park, Phase II, Barbour in the district Banker and asking them to take refund of Rs.74.75 lakh that they had deposited for the plot as the successful bidder participating at the auction through which the Corporation allotted plots for setting up of industries by intending industrialists. It was stated in the decision dated May 28, 2010 that the allotment was cancelled under unavoidable circumstances. 2 By a letter dated October 5, 2010 (sic) the petitioners requested the Managing Director of the Corporation to allot them another plot of same size in the Park. By a letter dated June 16, 2010 the Deputy General Manager of the Corporation informed them that if in future the plot that was allotted to them comes to the possession of the Corporation as an unencumbered piece of land, then the Corporation ...
Dass Estate Pvt. Ltd. Vs. Karar and Company
Court: Kolkata
Decided on: Jul-22-2010
Tarun Kumar Gupta, J.1. These two appeals arose out of judgment dated 23.06.2005 passed by Sri C. L. Sinha, learned Additional District Judge, Fast Track Court No. 1 of Howrah in Title Appeal No. 31 of 2003 remanding Title Suit No. 94 of 1998.2. The facts of the case is that appellant/plaintiff/landlord being a Private Limited Company under the name and style 'Dass Estate Pvt. Ltd.' filed an ejectment suit against M/s. Karar and Company being defendant/respondent on the ground of default, making illegal construction as well as for building and rebuilding being Title Suit No. 94 of 1998 in the Court of learned Civil Judge (Senior Division), 6th Court, Howrah. Initially Ganesh Karar and Robin Karar appeared in the suit by filing vokalatnama claiming to be proprietor of M/s. Karar and Company. However, written statement was filed by only Robin Karar claiming himself to be the proprietor of the defendant firm M/s. Karar and Company, denying material allegations of the plaint and challengin...
Brand Value Communications Ltd. Vs. Eskay Video Private Ltd.
Court: Kolkata
Decided on: Jul-21-2010
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a respondent in a proceeding under Section 9 of the Arbitration and Conciliation Act (hereinafter referred to as the Act) and is directed against an order dated 16th June, 2010 passed by a learned Single Judge of this Court by which His Lordship disposed of the said application under Section 9 of the Act initiated by the present respondent by directing the appellant before us to deposit a sum of Rs. 2 crore with the Registrar, Original Side, which would abide by the result of the reference. While passing such direction, His Lordship was of the view that the sum of Rs. 2 crore, which the present appellant had been directed to pay, was assessed at on the tentative assessment of the fact that 75 films were offered under the Memorandum of Understanding. The Registrar, Original Side was directed to invest the amount in a fixed deposit with a nationalized bank and forward the copies of the fixed deposit receipt to the parties.2. Be...
Allahabad Bank and ors. Vs. Sanjit Kumar Mukhopadhyay
Court: Kolkata
Decided on: Jul-21-2010
Bhaskar Bhattacharya, J.1. Both the abovementioned appeals were taken up together as the points involved therein are to some extent similar. We, however, propose to dispose of these appeals by delivering separate judgments, one after the other.2. This appeal is at the instance of the Respondent/Bank in a writ-application filed by a former employee thereof and is directed against order dated 30th January, 2009 passed by a learned Single Judge of this Court by which His Lordship allowed the writ-application by giving liberty to the writ-petitioner to submit a representation ventilating all his grievance after offering to refund 50% of the employer's share of provident fund together with interest thereon, with further direction upon the Chairman of the Bank to consider the said representation in accordance with the rules in the light of the observations made in the body of the order and to take appropriate action by granting pension to the petitioner under the Pension Scheme, 1995. His Lo...
Rabindra Kumar Shaw Vs. Union of India and Others
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Jul-20-2010
AS PER HONBLE LT GEN MADAN GOPAL, MEMBER (ADMINISTRATIVE) 1. This case pertains to an appeal filed by the applicant for quashing the punishment meted out to the applicant by a Summary Court Martial (SCM). The applicant ex Naik (Nk) Rabindra Kumar Shaw was tried by a SCM and awarded the punishment of reduced to ranks and dismissal from service. The applicant has prayed that the proceedings of the SCM be overruled and he be re-instated in service. 2. Details of the case are covered in the succeeding paragraphs. 3. Nk Rabindra Kumar Shaw, enrolled in the Army on 27th July 2000 in the Corps of Signals. In his period of service, he was posted in several stations and also had attained the rank of Nk. At the time of the incident leading to the SCM, he was posted with 9 Corps Air Support Signal Unit (CASSU); located somewhere in Himachal Pradesh. 4. The applicant in the justification of his plea (prayer) that on 30th July 2009 and on 03rd August 2009 when the incidents took place i.e., he ...
Col Debashis Mitra Vs. Union of India, Service Through the Secreary, M ...
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Jul-20-2010
SADHAN KUMAR GUPTA, MEMBER (JUDICIAL) 1. The petitioner filed the writ petition no. 9693 (w) of 2009 before the Honble High Court at Calcutta. Subsequently due to establishment of this Tribunal the writ petition was transferred to this Bench and was renumbered as T A no. 4 of 2010. 2. In the petition it is claimed by the petitioner that he joined Indian Army as a Commissioned Officer in 1983. Subsequently he was posted as Commanding Officer of 28D Regiment in June 2004. Said Regiment was situated at Srinagar and the petitioner was in charge of the same being the Commanding Officer. On 22nd August 2006 the petitioner was served with a Memorandum of Charges and he was informed that on the basis of the said charges a General Court Martial was constituted and accordingly he had to face the said proceeding. He was placed on close arrest from August 29, 2006. 3. Said Court Martial Proceeding commenced on and from August 9, 2006 and it was completed on December 17, 2006. The Court Martial ...
Partha Banerjee Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Jul-19-2010
Tapen Sen, J.1. The Court: Normally this Court does not interfere with the orders of suspension, but in this case this Court notices that the show-cause Notice dated 22nd April, 2010 was specific as it had listed the charges which are as follows:i) That you are a staff of State Bank of India, Burra Bazar Branch, is not mentioned anywhere in the proposal;ii) IT returns along with capital A/c Form-16 was not submitted byiii) In your Bio-data form you have not mentioned the major source of your income.2. By reason of the said Notice, the following misconducts were also specified:i) You have provided guarantee without any prior sanction of administrative approval of the Competent Authority in the A/c of M/s Shivam Enterprise ( A/c No. 30777518458 ) at our Mankundu Branch.ii) You have furnished your Bio-data as guarantor of M/s Shivam Enterprise without mentioning that you are a staff member of Bank which tantamounts to suppression of fact.iii) Being associated with Smt. Sukanya Banerjee as...
Uic Industries Ltd. Vs. Annavaram Concrete Pvt. Ltd.
Court: Kolkata
Decided on: Jul-19-2010
Sanjib Banerjee, J.1. The Court: The claim in the suit is on account of balance price of goods sold and delivered, interest for previous delayed payments and interest on the unpaid amount. The particulars as made out at paragraph 21 of the later application reveal that a sum of Rs. 19,98,644/- is due on account of principal and the balance of the total claim of Rs. 32,40,257.76 is on account of interest.2. G.A. No. 3046 of 2008 is the plaintiff's principal application of a kind of ad-interim decree that has become fashionable in this Court. A money claim is made accompanied by an application for all properties of the hapless defendant to be bound by orders of Court. In this case, the order dated September 15, 2008, passed at the initial stage noticed that the defendant had not appeared despite service.3. G.A. No. 53 of 2009 is an application for judgment on admission on several documents which have been appended to the petition.4. On G.A. No. 3046 of 2008, an order was made in terms of...
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