Kolkata Court September 2010 Judgments
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Mukul Chandra Dutta Vs. Kamalesh Dutta and ors.
Court: Kolkata
Decided on: Sep-20-2010
The Court : The plaintiff is the foreign branch of the Dutta family settled in England apparently since the late 1960s. The plaintiff is one of the six sons of Durgadas Dutta. The father of the first three defendants was the second son; the defendant no.4 is the third son; the predecessor in interest of the defendant nos.5 to 10 was the fourth son; the defendant no.11 is the fifth son; and, the predecessor in interest of the defendant nos.12 to 14 was the sixth son. The plaintiff claims shares in all the family immovable properties and business interests. These have been particularized over three pages beginning page 38 of the petition in GA No.2423 of 2008. The first application is for a Receiver and injunction in this partition and administration suit. The second application, GA No.1263 of 2010, is for a preliminary decree to be passed and for a Commissioner of Partition to be appointed. The defendant no.4 is represented. The other defendants are not represented even at the second ca...
Harish Chandra Poddar and anr. Vs. Bijoy Kumar Gutgutia and ors.
Court: Kolkata
Decided on: Sep-20-2010
The application is for the issuance of a certified copy of a decree of March 26, 1993. There is a prayer for condoning the delay. The applicant, who was the first defendant in the suit, says that there has been no delay and the first prayer may be disregarded since there is no prescribed period for such a prayer being made. In the alternative, it is submitted on behalf of the first defendant that in the event there has been any delay, such delay should be condoned. The plaintiffs oppose the application on the ground that the failure of the first defendant to obtain a certified copy of the decree and to give effect to the consent terms which was accepted by court in the year 1993 would disentitle the first defendant from asserting any rights in respect of the immovable property covered thereby. The plaintiffs refer to Section 27 of the Limitation Act, 1963 and to Article 136 in the Schedule thereto. They say that whether it is for the institution of a suit in respect of an immovable pro...
M/S. Eastren Coal Fields Ltd. Vs. Vikram Routh
Court: Kolkata
Decided on: Sep-17-2010
THE COURT : Let notice of this application be served upon the respondent through Court. The appellant is directed to put in requisite for service within a week from today. After hearing Mr. Majumder, appearing on behalf of the appellant and after going through the materials on record, we pass an interim order of stay of operation of the order impugned, on condition that the appellant will go on paying the writ petitioner/respondent subsistence allowance on the basis of last drawn wages, as if, he is still continuing under suspension, till the disposal of the application. Let the arrears from the date of passing of order impugned in this appeal till the month of September, 2010 be paid within 15 days from the date of furnishing the relevant certificate to the effect that the writ petitioner is not employed elsewhere and, thereafter, the appellant shall go on paying him for each succeeding month at the same rate for which it will fall due. Stay shall continue till the disposal of the app...
Dipak Kumar Himatsingka and ors. Vs. Rakesh Himatsingka and ors.
Court: Kolkata
Decided on: Sep-17-2010
THE COURT : By this application, the applicants have, inter alia, prayed for leave to the Company to enhance its paid-up capital to Rs.5,00,000/- and to file annual return for the financial years 2006-07, 2007-08 and 2008-09. After hearing the learned counsel for the parties, we are of the view that in view of the amendment brought about in Section 3(1)(iv) of the Companies Act, 1956 by the Companies (Amendment) Act, 2010, the prayer of the applicants is a reasonable one. After hearing Mr. Deb, learned counsel for the respondent Nos. 1 to 5, we are of the view that those disputes can be resolved by directing the parties to enhance the capital value of the applicants to Rs.5,00,000/- by directing the respondents/defendants 1-5 to pay their shares for the balance amount. Let this order be given effect to within a month from today. On deposit of the amount of the said respondents share, the applicants will give bank guarantee to the extent of Rs.1,80,000/- with the Registrar, Original Sid...
Magma Fincorp Ltd. Vs. Iltush Ahmed and anr.
Court: Kolkata
Decided on: Sep-17-2010
By an order dated 9th September, 2008 in A.P. No.448 of 2008, Her Ladyship The Honble Justice Patherya appointed Mr. Subhadip Biswas, learned Advocate, to make an inventory of the assets in the possession of the alleged contemnor. The order was duly communicated to the alleged contemnor on 23rd September, 2008. The application appeared before this Bench when it was submitted that the learned Receiver was not allowed to make an inventory in terms of the order dated 9th September, 2008 of Her Ladyship The Honble Justice Patherya. On 23rd September, 2008, this Bench directed the learned Receiver to take actual physical possession of the assets in question, if necessary with police help. The learned Receiver submitted a report wherefrom it appears that the alleged contemnor obstructed implementation of the order dated 23rd September, 2008 of this Court. On 3rd December, 2008, this Court confirmed the earlier interim order and directed the respondents to make over the possession of the ass...
R.S. Construction and Co. Vs. Calcutta Municipal Corporation.
Court: Kolkata
Decided on: Sep-17-2010
THE COURT : By this application, the appellant wants us to recall the judgment dated 29th September, 2000 by which the appeal preferred by the appellant was dismissed and the cross-objection filed by the Kolkata Municipal Corporation was allowed. It appears from the record that in the past, similar prayer was made before another Division Bench of this Court and the said Division Bench (Girish Chandra Gupta and Tapan Mukherjee, JJ.) by order dated 8th December, 2006 dismissed such application observing that the appropriate remedy of the appellant lay before the Honble Supreme Court of India. It further appears from the record that the appellant moved the Supreme Court of India with a Special Leave Petition but such application was dismissed on 3rd August 2007 by the Supreme Court. Subsequently, the appellant has come up with the present appeal claiming selfsame relief. After hearing the appellant in person, we are of the view that this application is a misconceived one. In the past the ...
The Commissioner of Customs and anr. Vs. M/S. Karan Exports (India) Pv ...
Court: Kolkata
Decided on: Sep-17-2010
The Court : Instead of disposal of the application, we propose to hear out the appeal itself by treating it as on days list as this appeal can be disposed of on a pure question of law. There is no dispute that the writ petitioners, who are respondents before us, had challenged an order dated 25th April, 2007 passed by the learned Customs Excise and Service Tax Appellate Tribunal, Kolkata by filing a writ petition, being W.P.No.800 of 2007. The said writ petition was disposed of on 22nd May, 2009 by directing the Commissioner of Appeal to hear out the appeal arising out of the original order dated 14th November, 2005 without insisting on pre-deposit of Rs.1 Lac as directed by the Tribunal by the order 25th April, 2007 within a period of eight weeks from the date of communication of that order. Pursuant to such direction, the Commissioner of Customs heard the appeal and disposed of the same on 10th November, 2009 by setting aside the order impugned in the appeal with further direction up...
M/S.Easteran Coal Fields Ltd. Vs. Md. AllaudIn and ors.
Court: Kolkata
Decided on: Sep-17-2010
The Court : This appeal is at the instance of M/s. Eastern Coalfield Limited and is directed against an order dated 9th December, 2009, passed by a Learned Single Judge of this Court by which His Lordship disposed of a writ application filed by the respondents by directing the Chief Medical Officer, Government of West Bengal, in the District of Boardman to constitute a Medical Board, of which one member should be an Orthopedic Surgeon, with a direction upon such Board to assess the age of the writ petitioner. Being dissatisfied the employer has come up with the present mandamus appeal. It appears from the record that the writ petitioner, an employee, challenged the age recorded in the service book and in the past filed another writ application, which was disposed of by S.P. Talukdar, J. (as His Lordship then was) by directing the Apex Medical Board of the employer to assess the age of the writ petitioner. The said order was not appealed against by either of the parties and consequent t...
Time Online Cargo Movers (India) and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Sep-17-2010
The Court : This is a Section 9 application. It arises out of an agreement dated 8th December, 2005, between the petitioner and the Railway Administration. It contains an arbitration clause. By this agreement, a parcel van of capacity 23 tonnes was leased out by the Railways to the petitioner for three years. The route was Howrah Guwahati Howrah. At this moment, the grievance of the petitioner is that the Railways are not allowing them to exercise the rights of weighment under Section 79 of the Railways Act, 1989 read with the circular dated 11th December, 2006, issued by the Railways at page 35 of the petition. Several consignments of the petitioner are lying in the yard to be dispatched immediately. If this right is not exercised, the rights of the petitioner to cross check the weighment by the railways is lost. Loss might result from such action. In that view of the matter, this application is disposed of directing the respondent railway administration to permit the petitioner to ex...
Hansa Auto Finance Pvt. Ltd. Vs. Dinesh Kumar Singhania
Court: Kolkata
Decided on: Sep-17-2010
The Court : The judgment-debtor is being examined. He has referred to several documents and has represented that copies of such documents would be made over to the decree-holder before the matter appears next. On a query from Court, it has been submitted on behalf of the judgment-debtor that the judgment-debtors passport remains with an investigating officer of the Special Cell of the Detective Department of the Kolkata Police. The judgment-debtor is directed to inform the decree-holder within 24 hours of the judgment-debtors passport being returned to him. In course of the judgment-debtors examination, it has come out that a lot of the everyday needs of the judgment-debtor are met by others. The judgment-debtor says that he is now employed and earns a monthly honorarium of Rs.20,000/- paid in cash. The judgment-debtor will disclose the particulars of the person or organization which makes the payment and request such person or organization to make available its last years income tax r...
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