Kolkata Court September 2010 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Dheklapara Tea Company Ltd. (In Liqn.) and Dheklapara Tea Co. Ltd. Vs. ...
Court: Kolkata
Decided on: Sep-10-2010
The Court: Let police report be filed in terms of the order dated 9th April, 2010. It is quite alarming that the summons were issued by the Court upon the accused no.3 but could not be served. It is submitted that there is a change of address of the accused no.1. Therefore, let summons be served on the accused no.1 at the changed address. The accused no.1 may appear by pleader on the returnable date. I direct the Official Liquidator to personally enquire or cause an enquiry to be made by his delegate as to the whereabouts of the accused no.3. In making such enquiry he will get in touch with his counterparts stationed in other parts of the country, if so required. The police authorities may be approached for assistance, who will render such assistance, upon such request being made. A positive report has to be filed about such whereabouts by 1st of October, 2010. List this application on 1st of October, 2010....
Happy Homes and Hotels Pvt. Ltd. Vs. the Oriental Insurance Co. Ltd.
Court: Kolkata
Decided on: Sep-10-2010
The Court : Affidavit-of-Service filed in Court is kept on record. It appears that the matter did appear earlier, when none appeared on behalf of the respondent. Despite service, none appears on behalf of the respondent today when the matter is called on. It is submitted on behalf of the petitioner that following a fire in the market where the petitioner had a shop, a claim was lodged with the Insurance company. He submitted that the petitioner received an interim payment of Rs.75,00,000/-. A voucher was issued by the Insurance company with a direction to return the same along with undated letter and until the same is returned, no payment can be made. The petitioner duly signed the said voucher and returned the same. The undated letter indicated the quantum of payment at which the claim had been settled and such payment was in respect of full and final settlement of fire claim. After receiving the said voucher duly signed by the petitioner, the petitioner received a cheque of Rs.41,28,...
Stp Limited Vs. Samir Sarkar
Court: Kolkata
Decided on: Sep-10-2010
Leave is granted to correct the age, office address and designation of the deponent of the rejoinder dated 20th August, 2010. Heard the learned Advocates appearing for the parties. Alleging violation of the portion of the judgment and order dated 23rd March, 2009 passed in APO No.146 of 2008, this contempt application has been filed. This appeal was heard along with the appeal of the workman being APO No.331 of 2008. This Court directed the alleged contemnor to file affidavit-in opposition and reply thereto by the applicant before us. Those have been filed. Subsequently, directions were given for filing respective supplementary affidavits, particularly, to the alleged contemnor in view of his stand taken in the contempt proceeding that he has no money to refund in terms of the direction passed on 23rd March, 2009 in the aforesaid appeal cases. The order passed in the appeal which is the subject matter of this contempt petition reads such: Accordingly, the workman is directed to refund ...
M/S.Eden Realty Ventures Pvt. Ltd. Vs. the Life Insurance Corporation ...
Court: Kolkata
Decided on: Sep-10-2010
The Court : This matter has come before this Bench only for naming the Arbitrator. The arbitration agreement is contained in Clause IV[b] of the Agreement, which provides as follows : IV[b] In case the said premises or any part thereof shall at any time during the term hereby created be destroyed or damaged by fire, act of God, riot and civil commotion, enemy action and shall like causes not within the; control of the Lessee so as to wholly or partially unfit for the use of the Lessee then the rent hereby reserved or a proportionate part thereof according to the damage sustained shall cease to be payable from the time of such destruction or damages until the said premises shall be reinstated and the Lessee if called upon to do so by the Lesser shall vacate the whole or any portion thereof for enabling the Lesser to make the necessary repairs or reconstruction. And if any dispute shall arise between the parties hereto with regard to any claim for abatement or suspension of rent or the a...
Well Wisher Electronics Pvt. Ltd. and anr. Vs. State of West Bengal an ...
Court: Kolkata
Decided on: Sep-09-2010
This is an application for recalling of the order dated December 10, 2009 passed in a writ application. It is submitted by Mr. Pal, learned Senior Advocate appearing on behalf of the petitioners that the writ application was filed initially by Sinha & Co., Advocates and thereafter the petitioners took a change handing over the same to Mr. Sanjoy Bose, learned Advocate. After taking change, the learned Advocate Mr. Bose prepared affidavit-in-reply, affidavit of competency and the Vakalatnama for filing the same before the Court at the time of hearing of the writ application. On December 10, 2009, Mr. Bose, learned Advocate was seek and could not come to Court and his clerk missed the list since the matter appeared in the name of Sinha & Co.. In view of the above facts and circumstances, according to Mr. Pal, there was no fault and/or laches on the part of the petitioners. According to him, there was sufficient cause for non-appearance of the petitioners when the writ petition was called...
Srei Equipment Finance Pvt. Ltd. Vs. Mr. Venkat Ratnam and ors.
Court: Kolkata
Decided on: Sep-09-2010
The Court :- This application was moved on 17th August, 2010. Although affidavit of service was filed in Court, I gave an opportunity to the respondents to appear by adjourning the application. None appears for them even today. This is a Section 9 application. It is founded on a hire purchase agreement dated 22nd March, 2008 between the parties. The subject matter of the agreement is an equipment, whose initial value was Rs.46,85,200/-. Due to default in payment of instalments by the respondents, the petitioner terminated the agreement on 17th November, 2009. The dues of the respondents towards the petitioner as on the date of termination was Rs.42,37,537/-. Arbitrator has been appointed. Therefore, on the above prima facie, I pass an order in terms of prayers [a] and [b] of the petition. I appoint Mr. Somendra Nath Das, Advocate, Bar Association, Room No. 15, as Receiver at an initial remuneration of 700 GMs to be paid by the petitioner. Receiver to file the report by the returnable d...
M/S. M.D. Enterprises and ors. Vs. M/S. Whirlpool of India Ltd. and an ...
Court: Kolkata
Decided on: Sep-09-2010
The Court :- This is a Section 9 application by a former agent of Whirlpool. There is no dispute that the agency agreement had been terminated. It is submitted by the petitioners that some goods of the respondents are in the custody of the petitioners. The petitioners want to return them to the respondents as they are unnecessarily occupying space. In the circumstances, I appoint the Advocates-on- Record for the two parties as Joint Receivers for the purpose of making a detailed inventory of the goods in the possession of the petitioners and to file a report. I am not at the moment ordering removal of the goods in the custody of the petitioners, as there is some dispute regarding the number and description of these items. Let such inventory be carried out within one week from the date of issuance of a copy of this order. I make this application returnable on 23rd September, 2010. All parties concerned are to act on a signed photocopy of this order on the usual undertakings....
Steel Authority of India Ltd. Vs. Biswakarma Co-operative Labour Contr ...
Court: Kolkata
Decided on: Sep-09-2010
THE COURT : There shall be an order in terms of prayer (a) of the application. Heard learned counsel for the parties on the stay application. Learned Additional Solicitor General has drawn our attention to the fact that the Central Empowered Committee, pursuant to Order of the Supreme Court passed on 14-2-2000, has made it clear that unless the State Government approaches the Honble Supreme Court and obtains an order in respect of removal of Dolomite lumps and chips from Buxa Sanctuary, which is a reserved forest, no one can be permitted to do so. Learned counsel appearing for the State submits that the State is not interested in approaching the Supreme Court in the matter. Therefore, in the facts and circumstances of the case, we direct that the appellant shall comply with the impugned order, particularly to the effect that the appellant, who is the respondent No.3 in the writ petition, shall deposit on or before 30th September, 2010 with the Registrar, Original Side of this Court, th...
Smt. Padma Halder Vs. the Board of Trustees for the Port of Calcutta a ...
Court: Kolkata
Decided on: Sep-09-2010
Pursuant to the order dated August 26. 2010, the Senior Accounts Officer, Pension Section of the respondent no.1 namely, Mr. Sudip Roy is present before this Court. The option register in connection with pension showing registration no.P/84/1343 dated December 14, 1990 is produced before this Court. Let a xerox copy of the relevant page of the above register is kept on record. It is revealed from the entry mentioned hereinabove recorded in the register one Smt. Pampa Halder, w/o. Late Habul Chandra Halder relating to pension case no.9687 C/A submitted an application on that date. All the information save and except the 2ame of the petitioner leads to a conclusion that the name of the petitioner was recorded in the register by the dealing assistance as Pampa in place of Padma inadvertently. It is necessary to mention here that the name of the husband of the petitioner and number of pension case of the petitioner are also same. Therefore, I find substance in the claim made on behalf of t...
Swiss Singapore Overseas Enterp.Pvt. Ltd. Vs. Own.and Parties Int.In t ...
Court: Kolkata
Decided on: Sep-09-2010
The Court : The facts and circumstances appearing from the petition, bearing G.A. No.742 of 2007, made by Sri Narendra Kumar Bhura, carrying on business under the name and style of Royal Trading Company as the sole proprietor thereof are as follows. From paragrpah 3 of the peition, it appears that in October 1998, the plaintiff and the petitioner entered into an agreement by which the plaintiff agreed to sell 2000 MTs of Green Mung Beans of Myanmar origin to the petitioner. On December 6, 1998, a total quantity of 1901.610 MTs of the aforesaid goods were shipped on board MV Lester Lynk by the plaintiff for carriage from Yangon, Myanmar to the port of Mumbai. On December 18, 1998, it would appear from paragraph 5 of the petition, the vessel arrived at the port of Mumbai. From paragraph 10 of the petition it appears that by January 1999, the petitioner had not received the original bill of lading in respect of the aforesaid cargo. In paragraph 10 of the petition, it is alleged that an in...
- ‹ Prev
- 7
- 8
- 9
- 10
- 11
- 13
- 14
- 15
- 16
- 17
- Next ›
- Last »