Kolkata Court March 2011 Judgments
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M/S. Europcell Gmbh. Vs. the Statesman Ltd.
Court: Kolkata
Decided on: Mar-18-2011
1. The plaintiff has applied for judgment on admission based on letters issued by the defendant to the plaintiff and third parties, admitting a substantial part of the plaintiffs claim in the suit. The plaintiff has also relied on the written statement filed by the defendant. The plaintiff says that it is evident that the alleged financial stringency that the defendant faced at the relevant time was the only reason for the defendant not honouring its payment obligations to the plaintiff. 2. The claim in the plaint is on account of price of goods sold and delivered and for damages incurred by reason of the conduct of the defendant. There is no dispute that the defendant agreed to purchase newsprint from the plaintiff, which is a German company. The material terms and conditions of the individual transactions are reflected in the documents relating thereto and the defendant has shown nothing to detract there from. 3. The supplies were effected between July and September, 2003. The detail...
Rabi Waden Bhagat Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Mar-18-2011
1. Instant writ petition has been filed assailing the judgment and order dated 7 th December, 2007 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 989 of 2005 whereby and whereunder the said learned Tribunal was pleased to hold that the subject land being comprised within mill/factory vested in the State subject to the provisions of Section 6(3) of the West Bengal Estates Acquisition Act, 1953 and subsequently the purpose for holding subject land by the intermediary having been frustrated, the State Government by reason of the proviso to Section 6(3) and Section 6(1)(g) of the said West Bengal Estates Acquisition Act, 1953 is competent to resume the said subject land. 2. The learned Tribunal, therefore, did not find any reason to interfere with the order of resumption passed by the State Government and dismissed the application on merits. The facts giving rise to this writ petition are briefly summarized hereinafter. 3. The property in question was initially lea...
Abnm Restaurant Pvt. Ltd. and ors. Vs. the State of West Bengal and an ...
Court: Kolkata
Decided on: Mar-18-2011
1. None appears for the appellant. This appeal is against the judgment and order of the Learned Single Judge dated 23.3.2010 which was passed in a review application in connection with the writ application 711 of 2006. 2. The short fact in this case is the writ petitioner/appellant while running a restaurant applied for granting license for obtaining permanent bar license. However, the respondent authorities have rejected such application on the ground that the distant norms from the proposed place of restaurant to a structure said to be mosque does not permit to grant such license. In the writ petition it is stated that the said mosque appears to be an unknown vintage. 3. It appears that the Learned Trial Judge going by the aforesaid state of affairs in the writ petition thought that the description of the mosque mentioned in the writ petition is a place of worshipping as mentioned in the rules. Learned Trial Judge, it appears that at one stage got the measurement done in order to as...
Sri Sri Gopi Nath Jew and anr. Vs. M/S. Samanway Finance and Investmen ...
Court: Kolkata Appellate
Decided on: Mar-18-2011
1. This application is at the instance of the plaintiff nos.1 and 3(b) and is directed against the order no.93 dated April 23, 2009 passed by the learned Judge, City Civil Court, Twelfth Bench, Calcutta in Title Suit No.982 of 1997 thereby accepting the written statement filed by the defendant no.1 upon payment of costs. 2. The short fact is that the plaintiffs of the said suit instituted a suit being Title Suit No.982 of 1997 for a decree of cancellation of four sale deeds dated October 12, 1991 executed by the defendant no.2 in favour of the defendant no.1 company in respect of four properties mentioned therein. The contention of the plaintiffs is that the plaintiff no.1 is the owner of the said property. During pendency of the suit, some sebaits died and their legal heirs cum sebaits have been substituted and the petitioner no.2 herein has been substituted as the plaintiff no.3(b) in the said suit. Summons was served upon the defendant nos.2 to 4 sometime in April/May, 2006. The def...
Ashis Kumar Sarkar and ors. Vs. Satyanarayan Ray and ors.
Court: Kolkata Appellate
Decided on: Mar-18-2011
1. This application is at the instance of the plaintiffs and is directed against the judgment and order dated February 29, 2008 passed by the learned Additional District Judge, Fifth Court, Burdwan in Misc. Appeal No.17 of 2007 thereby reversing the order no.84 dated May 4, 2006 passed by the learned Civil Judge (Junior Division), First Court, Burdwan in Title Suit No.263 of 2001. 2. The short fact is that the plaintiffs instituted a suit being Title Suit No.263 of 2001 before the learned Civil Judge (Junior Division), First Court, Burdwan against the defendants/opposite parties herein for declaration of title, permanent injunction and other reliefs in respect of the suit property, as described in the schedule of the plaint. The defendants/opposite parties entered appearance and they are contesting the said suit by filing a written statement. The plaintiffs filed an application for appointment of a receiver and the defendants filed a written objection against the said application denyi...
Basudeb Paul Vs. State of West Bengal and Others
Court: Kolkata Appellate
Decided on: Mar-18-2011
1. The case of the petitioner, in the instant writ application, may be briefly stated as follows : 2. The petitioner applied for the post of Class-IV staff before Bhului S.S.R. Vidyapith (High School). To fill up the post of Class-IV staff, the District Inspector of Schools accorded prior permission and pursuant thereto date of interview was fixed on 6.7.2008. 3. The Secretary of the school issued an interview letter dated 17.06.2008 requesting the petitioner to appear on 6.7.2008 for the post of Group-D staff before the Selection Committee. The said interview could not be held on the date fixed. However, the District Inspector of Schools accorded permission to take fresh re-interview through wide publication in daily newspaper along with the candidates sponsored by the Employment Exchange. The Secretary of the Managing Committee by his letter dated 1.12.2008 requested the petitioner to appear in the interview on 20.12.2008, but the said interview could not take place on the said date....
Columbia Trading Company Limited and anr. Vs. Respondent.
Court: Kolkata
Decided on: Mar-17-2011
1. A meeting of the Shareholders of COLUMBIA TRADING COMPANY LIMITED (hereinafter referred to as the Transferee Company) shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Calcutta- 700001 on the 29th day of April, 2011 at 2.00 p.m. for the purpose of considering and if thought fit approving with or without modification, the Scheme of Amalgamation proposed of PUSHPANJALI TREXIM LIMITED (hereinafter referred to as the Transferor Company) with COLUMBIA TRADING COMPANY LIMITED. 2. A meeting of the Shareholders of PUSHPANJALI TREXIM LIMITED shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Calcutta-700001 on the 29th day of April, 2011 at 2.30 p.m. for the purpose of considering and if thought fit approving with or without modification, the Scheme of Amalgamation. 3. At least 21 days before the day appointed for the meetings to be held as aforesaid, a notice convening the said meetings at the place and time as aforesaid together with a copy of the said ...
Sajjan Developers Pvt. Ltd. and anr. Vs. the State of West Bengal and ...
Court: Kolkata
Decided on: Mar-17-2011
1. The petitioners in this art.226 petition are seeking a mandamus commanding the Kolkata Municipal Corporation to mutate the assessment records recording that the petitioners are the owners of the lands particulars whereof have been given in the petition. Documents produced with the petition and the affidavits and the case of the parties stated in their respective pleadings lead to a confusion about the status of the lands. The Corporation has not been consistent in its stand with respect to the status of the lands. 2. The question is whether there is any basis to say that the lands fall within the definition of Khatal given in s.2(5) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001. While the petitioners have asserted that there is no reason at all to say that the lands can fall within the meaning of the word Khatal, the Corporation in its affidavit has stated that they fall within the meaning of the expression Khatal given in the West Bengal Thika Tenancy (Acq...
Chandra Nath Dash and ors. Vs. Dinendra Nath Dash and ors.
Court: Kolkata
Decided on: Mar-17-2011
1. GA No. 170 of 2011 is the application by the first and second defendant trustees challenging the maintainability of the suit. GA No. 80 of 2010 is the plaintiffs application for interlocutory reliefs. The plaint relates to a trust which the plaintiffs claim to be a private trust and the first and second defendants claim to be a public trust. The plaintiffs say that the trustees have mismanaged the affairs of the trust and in view of the fact that paltry amounts were provided for at the time that the trust was settled in or about 1934, a scheme has now to be framed by the Court. 2. On behalf of the first and second defendants the bar under Section 92(2) of the Civil Procedure Code is cited. The defendant-trustees claim that if the primary purpose of a trust is to confer benefits on unidentifiable members of the public, in the sense that the beneficiaries therein are not sufficiently identified, then the provisions of Section 92 would be attracted and no suit may be instituted withou...
Lafarge India (P) Ltd. Vs. Madan Lal Agarwal and anr.
Court: Kolkata
Decided on: Mar-17-2011
1. GA No.2600 of 2010 is the defendants application for recalling an ex parte decree dated July 7, 2010. The decree was made on an application for judgment on admission. On GA No.2600 of 2010 being received, an order was passed on August 13, 2010 for the defendants to furnish security to have the decree stayed. There was an order of injunction passed earlier in the suit on June 23, 2010 in respect of an immovable property. At the time of moving the application for recalling the ex parte decree, the defendants submitted on August 13, 2010 that a Berhampore property, in respect of which the order dated June 23, 2010 operated, was a freehold property of which the defendants were joint owners. It was also submitted that the property was not mortgaged but there were tenants in occupation thereof. The Court accepted as bona fide the offer made on behalf of the defendants for deposit of the title deeds relating to the Berhampore property with the Registrar, Original Side. The defendants say t...
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