Kolkata Court March 2011 Judgments
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Popular Tie Up Pvt. Ltd. and anr. Vs. Sree Kamakhya Tea Co. Pvt. Ltd.
Court: Kolkata
Decided on: Mar-17-2011
1. Leave is granted under Clause 12 of the Letters Patent, subject to the question of its requirement. Leave is given to the petitioners to file a supplementary affidavit and serve a copy thereof upon the respondent. This is a Section 9 application. It is founded on an agreement for sale between the petitioner No.2 and the respondent containing an Arbitration Clause. Under it, the petitioner No.2 is to be the purchaser of a tea estate known as Seleng Tea Estate (Seleng) belonging to the respondent. The sale would be completed upon execution of conveyance. After execution of this agreement, the petitioner No.2 was put in possession of the tea garden. 2. Now, the petitioners file this application restraining the respondent from interfering with their business. It is submitted on behalf of the respondent that the petitioner No.1 is not a party to the agreement. In this petition the petitioner No.1 is described as a nominee. It is also submitted by the learned Counsel that neither the peti...
Pearl Transport Company Limited and anr. Vs. Respondent.
Court: Kolkata
Decided on: Mar-17-2011
1. A meeting of the Equity Shareholders of Pearl Transport Company Limited, being the applicant no.1 above named shall be convened and held at 6, Old Post Office Street, Room no.7, North Basement, Kolkata 700 001, on Wednesday, the 27th day of April, 2011 at 4:15 p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme of Arrangement between the Applicants and their respective shareholders. 2. A meeting of the Equity Shareholders of IRC (India) Limited, being the applicant no.2 above named shall be convened and held at 6, Old Post Office Street, Room no.7, North Basement, Kolkata 700 001, on Wednesday, the 27th day of April, 2011 at 4:30 p.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme of Arrangement between the Applicants and their respective shareholders. 3. In view of the written consent given by all the shareholders advertisement of notice of the meeting...
Pecon Software Limited and ors. Vs. Respondent.
Court: Kolkata
Decided on: Mar-17-2011
1. A separate meeting of the holders of the Equity shares in PECON SOFTWARE LIMITED (hereinafter referred to as the Transferee Company) shall be convened and held at R.No. 19, 4, K. S. Roy Road, Kolkata -700001 at 2.00 P.M. on 19th April,2011 for the purpose of considering and if thought fit, approving with or without modification, a Scheme of Amalgamation between the Applicant Companies and their respective shareholders for the purpose of amalgamation of the Transferor Companies with the Transferee Company. 2. A separate meeting of the holders of the Equity Shares in PECON INFOTECH LIMITED (hereinafter referred to as the Transferor Company) shall be convened and held at R.No. 19, 4, K. S. Roy Road, Kolkata -700001 at 2.15 P.M. on 19th April,2011 for the purpose of considering and if thought fit, approving with or without modification, a Scheme of Amalgamation between the Applicant Companies and their respective shareholders for the purpose of amalgamation of the Transferor Company wit...
Jayanta Singha at Sinha and anr. Vs. West Bengal State Electricity Boa ...
Court: Kolkata Appellate
Decided on: Mar-17-2011
1. The two petitioners in this art.226 petition dated August 7, 2006 are seeking a mandamus commanding the respondents to pay them the Death-cum-Retirement benefits that became payable on the death of one Tarendra Nath Sinha who was working in the West Bengal State Electricity Board as a Sramik. 2. Tarendra died in harness on August 13, 2004. He was a bachelor. On August 20, 1999 he submitted four declarations concerning general provident fund, gratuity, group insurance and family pension using prescribed forms nominating the petitioners to receive the benefits in case of his death and an application for his transfer. All the five things were duly received by the office concerned of the Board on August 20, 1999. 3. On the basis of the application for transfer the competent authority issued an order (at p.45) releasing Tarendra on April 7, 2000 so that he might report to the office to which he was transferred. Submitting a joining report dated April 8, 2000 (A.O. at p.17) Tarendra repor...
Sunil Kumar Ghose. Vs. Smt. Sunita Roja and ors. Being Legal Heirs and ...
Court: Kolkata Appellate
Decided on: Mar-17-2011
1. This Second Appeal is directed against judgment and decree dated 22.04.2002 passed by learned Judge Sixth Bench, City Civil Court at Calcutta in Title Appeal No.46 of 2001. By the impugned judgment, the judgment and decree of Ejectment dated 28.02.2001 passed by learned Judge Presidency Small Causes Court at Calcutta in Ejectment Suit No.39 of 2000 was set aside. 2. Being aggrieved with the aforesaid judgment and decree passed by learned Lower Appellate Court this Second Appeal has been preferred. 3. The present appellant /plaintiff filed said suit alleging that he purchased the suit house including the suit property by a registered deed of conveyance dated 23 rd February, 1996 and that one Kanailal Roja, husband of defendant No.1 and father of defendant No.2, was a monthly tenant in respect of the suit premises and that after his death both the defendants became tenants in respect of the suit premises. The defendants defaulted in payment of rent, caused nuisance and annoyance and ...
Subrata Kumar Banerjee. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-17-2011
1. The petitioner in this art.226 petition is seeking the following principle relief:- a) A writ of or in the nature of Mandamus do issue commanding the respondents to forthwith cancel and/or quash the measures be taken by the respondents for initiation of the procedure for enlistment of Class I Contractor. 2. Counsel appearing for the petitioner submits that after holding that the petitioner would be at liberty to apply for enlistment when the process would be initiated, behind the petitioners back the authority concerned has enlisted contractors as will appear from a news item and the statement made in the petition. 3. By a letter dated December 6, 2010 the petitioner called upon the Principal Secretary and the Technical Secretary of the Public Works Department of the Government of West Bengal to supply him information regarding the contractors who were enlisted and steps taken, if any, for public notice inviting application for enlistment. Counsel submits that since the petitioner c...
RabIn Mallick Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Mar-16-2011
1. The appellant was tried on a charge of having committed offences of kidnapping and murder of Fatik @ Abhishek Mondal along with two others and causing disappearance of his body by concealing it in a pond. By judgment and order dated 19.05.09, 20.05.09 and 21.05.09 the appellant-accused has been found guilty u/s 364 of the I.P.C. read with section 120B I.P.C. and sentenced to suffer rigorous imprisonment for life and pay a fine of Rs.5,000/- in default to suffer further rigorous imprisonment for one year. The appellant-accused is also found guilty u/s 302 of the I.P.C. read with section 120B I.P.C. and sentenced to death and to pay a fine of Rs.5,000/- in default to suffer rigorous imprisonment for one year, u/s 201 of the I.P.C. read with section 120B of the I.P.C. has been sentenced to suffer rigorous imprisonment for 7 years and pay a fine of Rs.2,000/- in default to suffer further rigorous imprisonment for 6 months. Accordingly, the Ld. Trial Court has made a reference u/s 366(1)...
A.T. Goyee Enterprises and anr. Vs. Nand Lal Rathi.
Court: Kolkata
Decided on: Mar-16-2011
1. The application under Chapter XIII-A of the rules on the Original Side of this Court is for the primary relief of eviction as claimed in the suit. The plaintiff firm is a lessee of premises no.157C, Lenin Sarani which comprises a building having a total area of 6400 sq.ft. and a basement car parking area. 2. In April, 2004, the defendant entered into an agreement with the plaintiff for occupation of the entire basement at the building. The agreement is claimed to be a leave and licence agreement and the relevant document also announces as such. Such agreement obliged the licensee to use the premises strictly for its office, workshop and garage for parking on temporary basis. The tenure under the licence was from April 1, 2004 till March 31, 2009. 3. The suit has been instituted subsequent to the expiry of the period and after issuing a notice dated March 25, 2009. On behalf of the defendant three primary objections have been taken. It is first said that the plaintiff is an unregiste...
Joynal AbedIn Sk. and ors. Vs. the State of West Bengal.
Court: Kolkata Appellate
Decided on: Mar-16-2011
1. The instant appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, Krishnanagar, Nadia, sentencing each of the appellants, namely, Joynal Abedin Shaikh, Anwar Shaikh @ Anarul Shaikh, Jan Mahammad Shaikh, Asraf Shaikh and Hafiz Shaikh to suffer life imprisonment and to pay fine of Rs.5,000/- i.d to suffer rigorous imprisonment for one year under Section 302/34 of the Indian Penal Code. They are also sentenced to suffer simple imprisonment for three years with fine of Rs.2,000/- each i.d to suffer further simple imprisonment for one year under Section 148 IPC. 2. Prosecution case in short may be depicted as follows: 3. On 9th September, 1994 at about 12.35 p.m. one Samsul Shaikh (P.W.1) lodged an FIR with Karimpur Police Station to this effect that on the aforesaid date at about 10 a.m. his elder brother Sirajuddin Shaikh, deceased, High School teacher and his younger brother Giyasuddin Shaikh, a student of Class X, s...
Nonigopal Mondal and Others. Vs. the State of West Bengal.
Court: Kolkata Appellate
Decided on: Mar-16-2011
Heard learned Counsel appearing for the parties. 1. This revisional application under Section 483 of the Code of Criminal Procedure has been filed by the petitioner praying for an order and direction for disposal of G.R. Case No. 297 of 1991 under Sections 147/447/323/ 379 of the Indian Penal Code pending before the Court of learned Judicial Magistrate, 3rd Court, Contai, as expeditiously as possible, that is within a period of six months from the date of order.2. It is the case of the petitioners that a complaint was lodged by the complainant, namely, Shambhunath Jana on 11th April, 2009, under Section 156(3) of the Code of Criminal Procedure, 1973, before the learned Chief Judicial Magistrate, Midnapore, alleging thereby that the petitioners/accused persons and some others forcibly entered into the land of the father of the complainant on 4th March, 1990, and cut down 17 Bamboos, and on 3rd April, 1991, the petitioners/accused persons forcibly went to the land of the father of the co...
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