Kolkata Court August 2010 Judgments
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Samir Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-16-2010
No one has appeared to oppose the writ application in spite of notice. The petitioner has been granted a permanent stage carriage permit on the route Haldibari to Siliguri via Jalpaiguri. The permit is valid till 31st December, 2011. The vehicle covered by the permit bearing the registration WB- 71-7171 was old and did not comply with the Bharat Stage II Norms. The petitioner thus applied for replacement of the said vehicle with a new Bharat Stage II compliant vehicle of 2005 model bearing registration no.WB-71 9191. The Deputy Secretary, State Transport Authority, West Bengal, being the respondent no.4, has apparently considered the prayer of the petitioner and allowed replacement for a period of only three months with effect from 31st July, 2010. If the vehicle is otherwise in compliance of Bharat Stage II Norms, there could be no justification in law in allowing replacement for only three months. By allowing replacement, the respondents have acknowledged that the vehicle is in compl...
R. Solimon and Co Pvt Ltd. Vs. Dic India Ltd.
Court: Kolkata
Decided on: Aug-16-2010
THE COURT: By consent of the parties, we take up the application along with the appeal by treating the same as on the days list. This appeal is directed against the order dated 16.2.2010 passed by the Hon'ble Company Judge in a winding-up petition filed by the appellant. The facts of the case briefly are as follows: On 13th March, 2007 on an application filed by the petitioning creditor, the Company Court was pleased to admit the said winding-up petition for a sum of Rs.19,61,301.17 and interest thereon at the rate of 12% per annum from 13th June, 2005. By the said order it was directed that if the said amount with interest was paid off by the petitioning creditor within four weeks from the date of the said order, the said winding-up petition would remain permanently stayed and in default the said winding-up petition was directed to be advertised in the newspaper once in The statesman and once in Aajkaal. Being aggrieved by the said order, an appeal was preferred from the said order da...
Smt. Biroja Saha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-16-2010
The Court : In this writ petition, the petitioner has impugned the proposal to declare a vacancy for appointment of a new modified ration dealer at the Gazole Block in Malda district. Admittedly, the petitioner has 6058 ration card holders tagged to the dealership of the petitioner, which is in excess of the limit imposed by the circular being Memo No.1478-FS FS/SECTT/FOOD/6F-5/85 Pt.1 dated 13th April, 1999. The said circular dated 11th April, 1999 restricts the number of ration cards that might be tagged with an MR dealer to 5000.In terms of the said circular, appointment of new dealerships and distributorships, tagging or retagging might be considered when the total number of dealers and rationales exceeds the limit imposed by the said circular. However, in exceptional circumstances, where there are geographical barriers and unusually long distances are required to be covered, new appointments, tagging and/or retagging is permissible even though the number of tagged ration cards and...
Rapti Nidhi Ltd. Vs. the Official Liquidator
Court: Kolkata
Decided on: Aug-13-2010
The Court : When this application appeared in the list on 6th August, 2010, it was directed to appear in the list as To Be Mentioned today to ascertain service of summons. It has been ascertained that all the summons have been duly served. Complaint against accused No.5 has been dropped by an earlier order of the Court. Since none has appeared for the accused today, let a last chance be given to them to appear by pleader two weeks hence. Notice accordingly be issued by the Official Liquidator. If such accused do not appear on that date, necessary steps will have to be taken. Official Liquidator and all parties concerned are to act on a signed photocopy of this order upon the usual undertakings....
Sonar Bangla Abasan Ltd. Vs. Minto Ranjan Poddar and ors.
Court: Kolkata
Decided on: Aug-13-2010
The Court: This is a Section 9 application. Leave under Clause 12 is granted subject to the question of requirement, on the basis of the submission that the agreement was executed within the jurisdiction of this Court. This application arises out of an agreement dated 14th April, 2006 concerning the said property. The petitioner claims to be an assignee of the intending purchaser. This agreement contains an arbitration clause being Clause 14. The claim in the arbitration would be confined to specific performance of the above agreement and not possession of or title in the subject property, it is submitted. Therefore, it is submitted that this Court has jurisdiction to entertain this application. It is submitted that further to that agreement the petitioner is in possession of the property. The respondents are trying to dispossess the petitioner from the property and transfer it to a third party. It is further submitted that, if notice of this application is served on the respondents th...
R. S. Construction Company Vs. Calcutta Municipal Corporation.
Court: Kolkata
Decided on: Aug-13-2010
The Court : Assailing the order dated 14th July, 2010 this appeal has been filed. Stay application is taken up for hearing. In course of hearing of this stay application, we are of the view that the appeal could be disposed of. Appeal is taken up as on days list by dispensing with all formalities and service of notice of appeal. All parties are appearing before us. The impugned order in the appeal being the order dated 14th July, 2010 passed in Writ Petition No. 465 of 2010 reads such : Let affidavit-in-reply filed in Court today be kept with the records. Head the petitioner appearing in person and the learned advocate for the respondents. In this writ petition the petitioner has prayed for recalling the judgment dated 29th September, 2000 passed by the Division Bench of the High Court in A.P.O. No. 384 of 2000 and for a direction upon the authorities of Kolkata Municipal Corporation to comply with the decree dated 24th December, 1996 passed by the Division Bench. I find that the judgm...
Next Generaion Builders Pvt. Ltd. and ors. Vs. the Kolkata Municipal C ...
Court: Kolkata
Decided on: Aug-11-2010
The Court : Heard the learned Advocates appearing for the parties. Assailing the order dated 28th July, 2010 passed by the Learned Trial Judge in W.P. No. 960 of 2010 this appeal has been preferred. The connected stay application is taken up for hearing today.In course of hearing, we are of the view that the appeal could be disposed of. All parties are appearing before us. Service of notice of appeal and other formalities stand dispensed with. The appeal is taken up as on days list. The impugned order reads such : Let affidavit-in-opposition to the writ petition be filed by 15th September, 2010; reply thereto, if any, by 1st October, 2010. No interim order. Liberty to mention upon notice. It appears that the Learned Trial Judge did not assign any reason as to why the interim order as prayed for was not passed. From the order itself it appears that there is no rejection of the prayer of the interim order on merit but Court only passed order to this effect no interim order. As no reason ...
Swadha Nirman Pvt. Ltd. Vs. the Official Liquidator
Court: Kolkata
Decided on: Aug-11-2010
The Court: The company was wound up by an order of this Court in 1999. It has a property in or about Barasat at Dag No.527. The applicant claims to be owner of L.R.Dag Nos.570, 571 and 572. According to it, these lands have been encroached upon by the Official Liquidator. By an earlier order of this Court, the Block Land and Land Reforms Officer was asked to file a report. Such report indicates that the company was never the owner or occupier of the land comprised in these dag numbers being 570, 571 and 572. Mr. Raja Basuchowdhury, advocate for the applicant also shows an annexed copy conveyance to the application to establish that those lands belong to his client. Thus, there is no dispute about the ownership of these dags. But the dispute appears to be as represented by Mr. Ghosh appearing for one of the Ex-directors is that the applicant is trying to encroach or has encroached the land of the company. What the applicant wants in this application is a declaration by the Court that Da...
Hasanur Jaman Sk. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-11-2010
The Court : In this writ application the petitioner has challenged a Memo No.1265-STA/7E-595/2008 dated Kolkata, the 16th July, 2010, issued by the Secretary, State Transport Authority, West Bengal, informing the petitioner that the State Transport Authority had at its meeting held on June 16, 2010 adopted a resolution for cancellation of the permit being P.St.P. No.127/2009(I/R) in respect of vehicle No.WB-41D/4305 on the route from Jamalpur to Bolpur via Haldipara, Chuadanga, Monteswar, Maldanga, Kahui, Kaichor, Mangalkot, Natunhat, Bosepara. The petitioner has been directed to submit the permit to the State Transport Authority, West Bengal, for the purpose of cancellation of the permit. Section 86 of the Motor Vehicles Act, 1988 provides that the transport authority which grants a permit might cancel the permit or suspend it for such period as it thinks fit, on the breach of any condition specified in Section 84 or of any condition contained in the permit. However, in view of the pr...
Sri Achintya Kumar Majee and 33 anr. Vs. the Official Liquidator Nd or ...
Court: Kolkata
Decided on: Aug-11-2010
The Court: 33 alleged workers of the company in liquidation are before me. They allege that their gratuity dues have not been paid. In 1998 the company stopped doing any business. On 16th April, 2002 it was wound up. The dues that are claimed are from 1997. That these 33 workers were in the employment of the company is not immediately established. The company had taken out a policy with Life Insurance Corporation of India where under the gratuity liability of the workers of the company covered by the policy would be paid. In accordance with this policy, the Life Insurance Corporation paid about Rs.27 lacs to the Official Liquidator. It is said on behalf of the Official Liquidator that a little over that sum, inclusive of interest has been disbursed to the workers, who do not include the applicants. The employer always has the liability to pay the gratuity dues. It sought to cover such liability by taking out such policy. That policy may have covered all the workers or may not have cove...
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