Kolkata Court March 2011 Judgments
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Rev. Dipankar De Vs. Banarasi Prasad Gupta and ors
Court: Kolkata Appellate
Decided on: Mar-29-2011
1. A deed of lease was executed on September 30, 1994, valid for 99 years, in pursuance whereof the opposite party no.1 was granted lease in respect of a property, measuring more or less 1744 sq. ft., at No.16, Beniapukur Road, Kolkata-700014. It is not in dispute that in due course of time, the leasehold property has been remembered 16/1, Beniapukur Road, Kolkata-700014. 2. Title Suit No.318/2006 was instituted by the opposite party no.1 (hereafter the plaintiff) against several defendants, including the petitioner herein, before the learned Civil Judge (Junior Division), 2nd Court at Sealdah praying for declaration and injunction. The plaint refers to A, B and C schedule properties. Declaration was sought for to the effect that A and B schedule properties have been granted on lease to the plaintiff and the defendants have no authority to disturb the plaintiffs peaceful possession and enjoyment thereof in any manner whatsoever. Based on the allegation in the plaint that the defendants...
Tapas Sarkar. Vs. Union of India and ors.
Court: kolkata
Decided on: Mar-28-2011
1. Mr. Amit Roy, Special Officer, has submitted his report of having taken over possession of the paintings from the Government College of Art and Craft, Kolkata, the respondent no.4 and handed over the same to the Director of respondent no.5, that is, the Indian Museum, for safe custody. The Special Officer will be entitled to ad hoc remuneration assessed at 500 Gms., to be equally shared by the parties. It is made clear that final remuneration of the Special Officer will be decided during the hearing of the petition and in case the petitioner is successful, the payment will have to be shared by the respondent nos.4, 5, 6 and 7 equally subject to further orders to be passed in the matter after hearing the learned Counsel for the parties.2. Learned Additional Solicitor General has submitted that he has sought instructions from the Director General of Archaeological Survey of India for the purpose of getting the paintings and exhibits examined for the purpose of ascertaining their genui...
Gautam Agarwalla and ors. Vs. Chakradhar Lal Agarwalla and ors.
Court: Kolkata
Decided on: Mar-28-2011
This is a Section 9 application arising out of a partnership firm. The petitioners found their rights on a Partnership Deed Dated 25th December, 1947 followed by another dated 1st June, 1970 between the predecessors in interest of the parties. The name of the firm is Nandram Hunatram. It had originally four partners Hunatram Agarwalla, Bhaniram Agarwalla, Kishanlal Agarwalla and Sohanlal Agarwalla each having 25 per cent share. The petitioners are the heirs of Hunatram claiming together a little over 12 per cent share in the partnership firm. The respondent no.1 is another heir of Hunatram. The other respondents are the heirs of the other original partners. According to the petitioners, the first respondent C.L. Agarwalla always represented them. They were never recorded as partners. C.L. Agarwalla represented them as head of their family or that branch of the family. But they always had a share. The bone of contention is this. The first respondent retired on or about 2nd February, 2...
Dankuni Infrastructure Limited and anr. Vs. Respondent.
Court: Kolkata
Decided on: Mar-28-2011
1. A meeting of the Shareholders of DANKUNI INFRASTRUCTURE LIMITED shall be convened and held at 10, Kiran Shankar Roy Road, 2nd Floor, Room No. 34, Calcutta-700 001 on the 14th 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 NATURES VINCOM PRIVATE LIMITED (hereinafter referred to as the Transferor Company) with DANKUNI INFRASTRUCTURE LIMITED (hereinafter referred to as the Transferee Company). 2. A meeting of the Shareholders of NATURES VINCOM PRIVATE LIMITED shall be convened and held at 10, Kiran Shankar Roy Road, 2nd Floor, Room No. 34, Calcutta-700 001 on the 14th day of April, 2011 at 2.30 p.m. for the purpose of considering and if thought fit approving with or without modification, the said Scheme of Amalgamation. Since all the Shareholders of both the applicant companies above named have already considered and given their consent in writing to the Scheme, such meetin...
Union of IndiA. Vs. Cementone.
Court: Kolkata
Decided on: Mar-28-2011
1. The appeal and the application are treated as on days list. We fail to understand why the department has admitted this appeal as a regular one accepting Memorandum of Appeal with the certified copy of the judgment which is contrary to the provisions of Chapter 31 r. 2 of the Original Side Rules, which provides as follows ;- Every Memorandum of Appeal from the Original Side shall be in Form no. 1, shall be drawn up in the manner prescribed by order XLI r.1 of the Code, and shall be presented to the Registrar, accompanied by a copy of the decree or order appealed from. 2. In the instant appeal, the certified copy of the judgment has been annexed but not the certified copy of the order. Needless to mention, the judgment and order are completely different things although both of them owe to the same origin. 3. The Rule 2 of the above rule clearly provides that the memorandum of appeal shall be drawn up in the manner prescribed by Order XLI r.1 of the Code. Therefore, it has partial app...
Nik Nish Retail Pvt. Ltd. Vs. Avani Towers Pvt. Ltd.
Court: kolkata
Decided on: Mar-28-2011
1. This winding up application appeared today as Company Matter (adjourned). The company petition was admitted earlier and by and under an order dated 15 th June 2010 the learned Single Judge recorded that the company does not contest the claim and fairly admitted that the company had no defence. Thereafter the learned Single Judge of this Court granted opportunity to the company to pay the entire amount inclusive of interest in 12 equal monthly installments and the first of such installments was to be paid on July 15, 2010 and the remaining installments was to be paid by 15 th of 11 succeeding months. None of the installments was paid. Thereafter pursuant to the order of the learned Single Judge advertisements were made. The company preferred appeal before the Division Bench against the order dated 15 th May 2008.2. The Appeal Court granted the company an opportunity to make payment but the company could not pay the amount as directed to be paid by the Appeal Court. Ultimately, the ap...
Shree Vivek Trading and Credits Pvt. Ltd. and ors.Vs. Respondent.
Court: Kolkata
Decided on: Mar-28-2011
A meeting of the Equity Shareholders of Shree Vivek Trading & Credits Private Limited, being the applicant no.1 herein shall be convened and held at 1B, Old Post Office Street, Kolkata 700 001 on Thursday, the 12th day of May 2011 at 4.30 P.M. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Shree Vivek Trading & Credits Private Limited, EPS Financial Services Private Limited, Marubhumi Tracon Private Limited and J.M. Textiles Private Limited with Ajanta Merchants Private Limited. A meeting of the Equity Shareholders of EPS Financial Services Private Limited, being the applicant no.2 herein shall be convened and held at 1B, Old Post Office Street, Kolkata 700 001 on Thursday, the 12 th day of May 2011 at 4.40 P.M. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Shree Vivek Trading & Credits Private Limited, EPS Financial...
New India Assurance Company Ltd. Vs. Smt. Puspa Barui and ors.
Court: Kolkata Appellate
Decided on: Mar-28-2011
1. This application is at the instance of the insurer and is directed against the order dated September 24, 2007 passed by the learned Judge, M.A.C.C. Tribunal cum Additional District Judge, First Court, Alipore in M.A.C.C. No.173 of 2001. 2. The short fact is that the opposite parties filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 praying for compensation on the death of Raghab Barui, predecessor-in-interest of the claimants. The petitioner entered appearance in the said proceeding and it is contesting the same by filing a written statement denying all the material averments made in the application. The tribunal recorded evidence and an award of Rs.3,32,800/- was granted to the opposite parties payable by the insurer within 30 days from the date of order dated August 18, 2003. Thereafter, the insurer filed an application under Section 151, 152 and 153 of the C.P.C. contending, inter alia, that Raghab Barui (since deceased) was not at all an employee of M/s. ...
Prativa Bandhapadhyay. Vs. Chhanda Bhattacharjee.
Court: Kolkata Appellate
Decided on: Mar-28-2011
1. Challenge is to the order dated July 22, 2009 passed by the learned Judge, Presidency Small Causes Court, Calcutta in Ejectment Suit No.247 of 2008 thereby rejecting an application under Section 10 of the Code of Civil Procedure. 2. The plaintiff/opposite party herein instituted a suit being the Ejectment Suit No.247 of 2008 against the petitioner on the ground of default, reasonable requirement, etc. The petitioner is contesting the said suit. She filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. That application is pending for disposal. In the meantime, she filed an application under Section 10 of the C.P.C. for stay of the suit stating, inter alia, that on the selfsame suit premises another suit being Title Suit No.704 of 2002 is pending. The matter involved in the said suit and that of the present suit are identical. So, the present suit being a later suit should be stayed. That application was rejected by the impugned order. 3. Being aggriev...
Jamshedpur Transport Company Limited and ors. Vs. Respondent.
Court: Kolkata
Decided on: Mar-28-2011
1. A meeting of the Shareholders of JAMSHEDPUR TRANSPORT COMPANY LIMITED (hereinafter referred to as the Transferee Company) shall be convened and held at 7C, Kiran Shankar Roy Road, Ground Floor, Calcutta-700001 on the 8th day of April, 2011 at 2.00 p.m. for the purpose of considering and if thought fit approving with or without modification, the proposed Scheme of Amalgamation of CARGO CARRIERS PRIVATE LIMITED, NEWMAN LEFIN PRIVATE LIMITED and SGC VYAPAR PRIVATE LIMITED (hereinafter collectively referred to as the Transferor Companies) with JAMSHEDPUR TRANSPORT COMPANY LIMITED, the Transferee Company. 2. A meeting of the Shareholders of CARGO CARRIERS PRIVATE LIMITED shall be convened and held at 7C, Kiran Shankar Roy Road, Ground Floor, Calcutta-700001 on the 8th day of April, 2011 at 2.15 p.m. for the purpose of considering and if thought fit approving with or without modification, the Scheme of Amalgamation. 3. A meeting of the Shareholders of NEWMAN LEFIN PRIVATE LIMITED shall be...
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