Kolkata Court March 2011 Judgments
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Sundarban Supply Centre and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-03-2011
1. In this Writ Petition, the Petitioners pray for an order Commanding upon the Respondents to withdraw the Memo dated 21.2.2011 being Memo No. 1040-FS issued by the Respondent No. 7 (Joint Secretary, Department of Food and Supplies, Govt. of West Bengal) (Annexure-P/17) whereby and whereunder he informed the Director, District, Distribution, Procurement and Supplies that as per the reasoned decision of the Principal Secretary-cum-Commissioner, Food, the Department of Food & Supplies, Govt. of West Bengal was approving the appointment of the Respondent No. 12 ( M/s. Mahestala Agro Foods Private Ltd.) as a regular MR Distributor at Pathar Pratima Block (Ram Ganga ) District- South 24-Pgs.2. The Petitioners have further prayed for the issuance of a writ of mandamus commanding upon the Respondents to cancel the said selection of the Respondent No. 12 and to appoint the Petitioners in their place after Quashing the said impugned Memo No. 1040-FS dated 21.2.2011 (Annexure-P/17).3. A Supplem...
Ratan Saha and anr. Vs. Ms. River Bank Holding Pvt. Ltd.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. This application is at the instance of the plaintiffs/respondents and is directed against the order no.3 dated February 4, 2009 passed by the learned Additional District Judge, Twelfth Court, Alipore in Misc. Appeal No.41 of 2009 reversing the order passed by the learned Civil Judge (Junior Division), Sixth Court, Alipore in Title Suit No.214 of 2009 in relation to an application for injunction filed by the plaintiffs. The short fact is that the plaintiffs became the absolute owners of the vacant lands as described in the schedule of the plaint by three kobalas upon payment of due valuable consideration. Thereafter, they advertised a public notification in the Bartaman Patrika dated August 2, 2005 but nobody came forward to make any claim with respect to any portion of the suit lands. Since then, they are in possession of the suit lands.2. Previously, some shop owners and shantis attempted to encroach the suit lands and for that reason, the petitioners had to file an earlier suit be...
Duncans Industries Ltd. Vs. Narayan Kumar Khaitan.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. This review application is at the instance of the petitioner and is directed against the judgment and order dated December 1, 2010 passed by this Bench in C.O. No.3202 of 2010.2. The contention of the petitioner is that there are apparent mistakes in the judgment passed by this Bench on December 1, 2010 in C.O. No.3202 of 2010. It is contended that this Bench did not consider the judgment of M/s. Duncans Industries Ltd. v. Biswajit Roy and Anr. reported in 2010 (1) CLJ (Cal) 342 which is binding on this Bench. If this judgment under review is not reviewed, there will be two judgments of two co-ordinate Benches of this Honble Court conflicting with each other.3. The petitioner company has been declared as a sick industry and for that reason it went on BIFR on February 21, 2007. The payment to the creditors have been stopped as per order of the appellate authority, namely, AAIFR dated December 14, 2007. Still then, the executing Court proceeded with the execution of the order of the F...
Nilkantha Kesh. Vs. Smt. Minati Roy and ors.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. This application is at the instance of the defendant and is directed against the order no.22 dated July 15, 2008 passed by the learned Civil Judge (Senior Division), First Additional Court, Burdwan in Title Appeal No.121 of 2006 thereby rejecting an application under Order 26 Rule 9 of the C.P.C. The short fact necessary for the purpose of disposal of this application is that the plaintiffs instituted a title suit being Title Suit No.14 of 1988 before the learned Munsif, Fourth Court, Burdwan against the defendant for declaration of title, permanent injunction and other reliefs. The plaintiffs contended that the defendant has been residing on plot no.465 which originally belonged to the grandfather of the defendant. The defendant has been threatening to take forcible possession of the suit plot no.464 although he has got no right, title and interest over the said suit plot. For that reason, the plaintiffs had to file the said suit for declaration of title and permanent injunction. T...
Bir Chandra Das Vs. Anil Kumar Sarkar and anr.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. Respondent no.1 Anil Kumar Sarkar made a complain with the Police that his brother late Sureswar Das committed suicide being instigated by a section of monks of ISKCON at the instigation of the petitioner Bir Chandra Das. The incident started on June 29, 2000 when one Basanti Devi lodged a complaint with the Officer-in-Charge, Ballygunge Police Station against Sureshwar Das.2. According to the said complaint, Basanti was a resident of Orissa. Her husband died in August 2009 due to lack of medical treatment and negligence of Adri Dharan Das, a monk of ISKCON where her husband was working for twenty years. After her husbands death she was getting rupees two thousand per month as compensation. Adri Dharan Das also agreed to pay a sum of rupees two lacs which was not paid despite promise. On June 29, 2009 when she came to collect her monthly maintenance Adri Dharan refused to pay and asked her to go to Gurusadaya Dutta Road, Kolkata and collect money from Sureswara Das. Accordingly, Bas...
Muthoot Finance Pvt. Ltd. Vs. Pampa SinhA.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. Petitioner was a finance company. They used to give personal loan against pledge of gold. According to the respondent, she took loan upon pledge of gold ornaments on February 19, 2008 and February 25, 2008. The finance company disbursed rupees sixty-three thousand and three hundred on two different dates being rupees twenty-five thousand three hundred on March 19, 2008 and rest rupees thirty-eight thousand on May 24, 2008. On May 24, 2008 the entire loan amount was refunded. However, the company refused to give back the gold ornaments.2. According to the company, the respondent obtained loan of rupees twentyfive thousand and three hundred on February 19, 2008. On March 19, 2008 she visited office of the petitioner and paid the interest for rupees five hundred and six and prayed for renewal. Accordingly, the said loan of rupees twenty-five thousand and three hundred was renewed and the new loan account was opened on the said date.3. On February 25, 2008 the respondent obtained anothe...
Kanoria Jute and Industries Limited Vs. Saraf Agencies Private Limited
Court: Kolkata
Decided on: Mar-01-2011
1. This appeal is at the instance of a defendant in a suit for eviction, arrears of rent and mesne profit and is directed against the judgment and decree dated 30th July, 2010 passed by a learned Single Judge of this Court by which His Lordship in exercise of power conferred under Chapter XIIIA of the Original Side Rules of this Court passed a decree for eviction by holding that the defendant had no good defence against the claim of eviction on merit nor could the defendant disclose such fact as might be deemed sufficient to entitle him to defend. As regards the other prayer of mesne profit and arrears of rent, His Lordship, however, held that those prayers should be carried to the trial. His Lordship further granted costs of 6000 GMs against the defendant. 2. Being dissatisfied, the defendant has come up with the present appeal. 3. The facts giving rise to filing of this appeal may be epitomized thus: a) There is no dispute that there existed a relationship of landlord and tenant betw...
Brooke Bond India Ltd. Vs. Joint Commissioner of Income Tax and anr.
Court: Kolkata
Decided on: Mar-01-2011
1. This appeal under Section 260A of the Income Tax Act, 1961 is at the instance of an assessee and is directed against an order dated 25th March, 1999, passed by the Income Tax Appellate Tribunal, D Bench, Calcutta, in ITA No.312 (cal) of 1995, relating to Assessment Year 1989-1990. This appeal was admitted on the following substantial questions of law formulated by the Division Bench. i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in not allowing the sum of Rs.1,43,35,000/- which represents the liability on account of pension on the basis of the resolution of the Board payable to the employee till their death? ii) Whether, on the facts and in the circumstances of the case, the liability on account of pension on the basis of the provisions made should be allowed for the period till the death of the employees or all liabilities should be limited for the period of accounting year relevant to this assessment year? 2.The following facts ar...
Subhas Chandra Sil. Vs. Sumik Sil.
Court: Kolkata Appellate
Decided on: Mar-01-2011
1. This application is at the instance of the defendants and is directed against the order no.33 dated November 6, 2009 passed by the learned Civil Judge (Junior Division), First Court, Durgapur in Title Suit No.172 of 2005 thereby allowing an application for amendment of the plaint.2. The short fact is that the plaintiff/opposite party herein instituted a suit being Title Suit No.172 of 2005 in the Court of the learned Civil Judge (Junior Division), First Court, Durgapur, against the petitioners for declaration of title, permanent injunction and for other reliefs. In that suit, the defendants/petitioners herein entered appearance and they filed a joint written statement denying all the material allegations contained in the plaint. The said suit was at the stage of recording evidence and the plaintiff tendered evidence by way of an affidavit. Then the suit was fixed for cross-examination of the P.W.1. At that stage, the plaintiff filed an application for amendment of the plaint and tha...
Steelco Syndicate and anr. Vs. Sashi Prasad Goenka and ors.
Court: Kolkata
Decided on: Mar-01-2011
1. This appeal is at the instance of a defendant in a suit for eviction and mesne profit and is directed against an order dated 4th October, 2010 passed by a learned Single Judge of this Court by which His Lordship dismissed an application filed by the defendant for returning the plaint to be presented in the Court of competent pecuniary jurisdiction on the allegation that on the face of the averments made in the plaint the suit was overvalued. 2. Being dissatisfied, the defendant has come up with the present appeal. There is no dispute that the appellant before us was a tenant under the plaintiff in respect of the suit property at a monthly rental of Rs.60,000/- and such tenancy is governed by the provisions of Transfer of Property Act. 3. The plaintiff filed a suit for recovery of possession and mesne profit against the defendants. According to the plaintiff, the tenancy of the defendant No.1 expired on efflux of time on 31st May, 2008 and although the plaintiff was not obliged to gi...
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