Kolkata Court August 2010 Judgments
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Magma Fincorp Ltd. Vs. Malkiat Singh and anr.
Court: Kolkata
Decided on: Aug-17-2010
None appears for the respondent even at the second call. No accommodation is sought. No affidavit-in-opposition has been filed. Mr. Banerjee submits that pursuant to an earlier order of this Court, the Receiver is in possession of the subject vehicle. He presses for sale of this vehicle. Hence, I direct the Receiver to sell the vehicle in question, with one more notice to the respondents, at the best available price. The sum obtained must first be brought into his account. Thereafter, after deducting the expenses of sale and his further remuneration assessed at 700 GM the Receiver will make over the balance sum to the Advocate on- Record of the petitioner who will hold such sum to the credit of the arbitration upon notice to the respondents. Such sum will be invested by the said Advocate-on-Record in an interest bearing account. uch exercise must be completed within four weeks from date. Thereafter, the Receiver will file his report together with accounts in the Department and after th...
North Bengal Neuro Research Centre Pvt. Ltd. Vs. Pawan Kr. Agarwal and ...
Court: Kolkata
Decided on: Aug-17-2010
I called for a report from the Registrar, Original Side, by my order dated 11th August 2010. Such report is placed before me. It appears from it that the a sum of Rs.9,70,000/- is lying in the P.L. Account of the said Registrar. The prayers in this application are very reasonable. They ask for orders for investment of this sum so that highest returns are obtained. Accordingly I direct the Registrar Original Side to invest the above sum in a term deposit earning the highest rate of interest and will continue to renew such term deposit till contrary orders are passed. The petitioner will render all assistance to the Registrar, Original Side for this purpose. Such investment may preferably be made within three weeks from the date of communication of this order. As the original petitioning creditor is not appearing the applicant is directed to communicate this order to them. Registrar, Original Side and all parties are to act on a signed photocopy of this order on the usual undertakings....
Sk. Ruby Vs. the University Calcutta and ors.
Court: Kolkata
Decided on: Aug-16-2010
THE COURT : The writ petitioner intends to get admitted to B.Ed. course being conducted by the University of Calcutta. The eligibility stipulations for admission to this course provides that a candidate has to obtain 50% marks in aggregate at the graduation level from the University of Calcutta or any other recognised University. The writ petitioner has not been accepted for admission to the said course as she has failed to obtain the requisite percentage of marks in Honours subjects. According to the writ petitioner, she had obtained 49.9% in the Honours subjects. Learned counsel appearing for the petitioner submits that in the event a candidate obtains marks in fragment decimals which is more than .5, then the marks obtained by him ought to be rounded up to the next whole number. In the present case, however, the last date for submission of forms is over but the interview process is still left to be concluded. In these circumstances, I am of the view that the petitioners case may be ...
Majed Alisk Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-16-2010
This writ application is directed against the failure of the respondent authorities to issue license to the petitioner under the West Bengal Public Distribution System (Maintenance & Control) Order, 2003. It appears that the petitioner applied for dealership under paragraph 19(ii)/23(iii) of the West Bengal Public Distribution System (Maintenance & Control) Order, 2003. On or about 18th July, 2006 by a communication no. 3556-FS/FS/Sectt/Food/6F-20/07 dated 24th May, 2010, the Joint Secretary to the Government of West Bengal, Food & Supplies Department, informed the Director of District Distribution, Procurement & Supply, that the Government of West Bengal had approved the appointment of the petitioner as Modified Rationing Dealer. Thereafter, a letter of appointment no. 2198/S.C(F&S;)/BDN/ Admn/10 dated 21st June, 2010 was issued appointing the petitioner as Modified Rationing Dealer at village Madhpur in Burdwan district. Upon appointment, the petitioner failed to deposit the requisit...
Lafarge India Pvt Ltd. Vs. Purulia Cement Pvt Ltd. and ors.
Court: Kolkata
Decided on: Aug-16-2010
The Court : By this contempt application the petitioner has alleged violation of order dated 16th February, 2010 modified by subsequent orders passed. The case of the petitioner is that in a suit for infringement an order was passed on 16th February, 2010 restraining the respondents from infringing the trade mark Concreto or any other trade mark identical or deceptively similar to Concreto. Such interim order was also extended to the label and packaging by the respondents. By subsequent order the restraint order was restricted to the label Concreto and such order continued. Subsequently by order dated 8th April, 2010 an undertaking was given by the representative of the alleged contemnor/respondent no.1 whereby the respondent no.1 agreed to replace the bags with a design and lay out handed to Court. An assurance was also given that all bags with the existing label, design and lay out would be blackened out. Negotiation for settlement also took place. Subsequently it came to the notice ...
Supratim Chatterjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-16-2010
THE COURT : The writ petitioner has completed his +2 level Higher Secondary (Educational) examination and he intends to get himself admitted to the Secondyear Diploma course conducted by West Bengal State Council of Technical Education or in any of the institutes affiliated to it. The writ petitioner has given his choice for mechanical or electrical engineering course and also has indicated 10 Institutes where he can be admitted to, as such admission is done on the basis of ranking of individual candidates. The writ petitioners name was recommended for Elite Institute of Engineering and Management, Ghola, Kolkata in Automobile engineering course. This is a private institute and the petitioner is reluctant to get admitted because of high fees the said Institute is alleged to be charging. According to the petitioner, the Institute charges more than 10 times of fees vis--vis a similar institute run by the State Government. Learned counsel appearing for the respondent No.5 submits that th...
Md. Sarfaraz Alam Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-16-2010
THE COURT : By consent of the learned advocates appearing for the petitioner and the State respondents, this writ petition has been taken up for hearing at this stage only without calling for affidavits. No one, however, appears on behalf of respondents Nos. 3 and 4. The writ petitioner is the grand son of one Md. Siddique who passed away in the year 1997. He was an employee of Moulana Azad College, Calcutta. The writ petitioner made a prayer for compassionate appointment as a near relation of the deceased employee before the Director of Public Instruction, West Bengal. This representation was made on 17th November, 1998. It appears that subsequent thereto, there has been exchange of correspondence between the college authorities and the Director of Public Instruction but no final decision has been taken. In these circumstances I choose to dispose of the writ petition by director the Director of Public Instruction, Government of West Bengal, to take a decision on the prayer of the writ...
Aparna Agency Ltd. Vs. the Board of Trustees for the Port of Kolkatta ...
Court: Kolkata
Decided on: Aug-16-2010
The Court : The building in question has been damaged by fire to such an extent that the existing parts of the constructions have to be demolished, and there is no dispute regarding this. The petitioner has brought this Article 226 petition seeking mandamus commanding the respondents to permit it to enter that part of the damaged building wherefrom it was carrying on business so that it may retrieve its belongings. Counsel for the respondents, especially Mr. Bose, counsel for the Port Trust, have strongly opposed any interim order permitting the petitioner to enter any part of the damaged building. Mr. Bose has said that one of the former occupants recent attempt to use a part of the damaged building caused an accident leading to loss of three lives. He has produced photos of various parts of the damaged building. After hearing the parties and considering the facts and circumstances of the case, I am of the view that though it will be appropriate to admit the petition so that the respo...
Remington Rand of India Ltd (In Liqn) Vs. Mr. P.G.K. Nair
Court: Kolkata
Decided on: Aug-16-2010
The Court : Pursuant to my order, the Special Officer/Receiver has filed a report dated 11th August, 2010. That report has become the subject matter of considerable dispute between the parties. Before I proceed to discuss the report of the Receiver, some observations need to be made. This Company was registered in Calcutta, as the city was then known. Winding up proceeding was instituted against it in this High Court. An order was passed winding up this company. That winding up order is still subsisting. Upon winding up, the ownership of all the properties of the company vests in the Official Liquidator representing the Court automatically. There cannot be a situation where the ownership of the property remains suspended. In Section 456(2) of the Companies Act, 1956 upon winding up, the property and effects of the company are deemed to be in the custody of the Court. Such custody is taken on behalf of the Court by the Official Liquidator. On winding up, the assets and other properties...
The Kolkata Metropolitan Development Authority and anr. Vs. Subham Est ...
Court: Kolkata
Decided on: Aug-16-2010
The Court :- Kolkata Municipal Corporation as directed by this Court has filed a report in this matter and specifically stated in the report that the Municipal Corporation granted sanction of the plan in respect of the property in question on the basis of the following documents: A) Registered Deed of Conveyance B) Registered Deed of Declaration showing the site plan of the premises, C) Record of Rights duly notarized (ROR), D) Mutation Certification from Assessment Department of K. M.C. E) And other relevant documents as per KMC Bldg. Rules. F) N.O.C. from K.M.D.A. issued by Dy. Secretary, L. A. (L.A Cell HQ) Dated 10.7.2008. It is stated in the said report filed by the Director General (Building) that no construction work has yet been commenced. It is further stated in the report that the premises is bounded by; boundary wall which clearly demarcated the extent of plot. It is further stated in the report that it is difficult to ascertain at this point of time whether the above sancti...
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