Kolkata Court October 2012 Judgments
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Unit Construction Co.Pvt. Ltd. Vs. Municipal Corporation of Delhi and ...
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET GA NO.2520 OF 201.WITH CS NO.301 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNIT CONSTRUCTION CO.PVT.LTD.Versus MUNICIPAL CORPORATION OF DELHI & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :3. d October, 2012. Mr.A.Mitra, Mr.J.Chowdhury, Ms.R.Kajaria, Mr.S.Ghoshappear. Mr.J.K.Mitra, senior advocate, Mr.S.Senappear. Mr.A.K. Routh, Mr.S.Pal Chowdhuryappear. The Court : The question not before the Court is whether the order of status quo regarding transfer of funds passed by me on 7th September, 2012 and continued from time to time should be further continued. There is no dispute whatsoever that the bank guarantee in question furnished by State Bank of India to the defendant for Rs.4,30,00,000/- at the instance of the plaintiff was otherwise an unconditional bank guarantee payable without demur by the bank. But, nevertheless, it had two conditions, which had to be fulfilled on its invocation. A written demand had to be made by M...
Mrs. Jamal Banu Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET GA No.2715 of 2012 APOT No.471 of 2012 WP No.206 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MRS.JAMAL BANU Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE TARUN KUMAR DAS Date:3. d October, 2012 This application has been filed in connection with the appeal preferred from the judgment and order dated 14th September, 2012 whereby and whereunder a Learned Judge of this Court disposed of the writ petition on merits. It has been submitted on behalf of the appellant/petitioner that the Land Acquisition Collector did not publish the award within the prescribed time limit under Section 11A of the Land Acquisition Act, 1894. The learned Advocate representing the private respondent, however, disputed the aforesaid contentions made on behalf of the petitioner. The learned Advocate for the State-respondents also disputed the contentions made on behalf of the petitioner in this reg...
Vodafone East Ltd. Vs. Deputy Commissioner of Income Tax, Circle7, Kol ...
Court: Kolkata
Decided on: Oct-03-2012
WP No.851 of 2012 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION VODAFONE EAST LTD.Versus DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, KOLKATA & ORS BEFORE: The HON'BLE JUSTICE INDIRA BANERJEE Date : OCTOBER 3 2012. Appearance: Mr.J.P. Khaitan, Sr.Adv.Mr.C.M. Ghorawat, Adv.Ms.Anupa Banerji, Adv.Md.Nizamuddin, Adv.The Court:- In this writ application the petitioner has, inter alia, challenged an Order not Circle-/Kol./Demand/2012-13/634 dated, Kolkata, the 13th September, 2012, the contents whereof are set out hereinbelow: This is in reference to your Stay Petition dt. 30.08.2012 and subsequent hearing on 04.09.2012 for recovery of demand for the assessment year 2009-2010. You are hereby directed to pay Rs.10 crore in two equal installment, fiRs.in September, 2012 and second in October, 2012 and the balance is stayed till December, 2012 or disposed off appeal whichever is earlier.The said order has been passed on an application of the petitioner under Section 220 (6) of ...
Modula India Vs. Kamakhya Singhdeo
Court: Kolkata
Decided on: Oct-03-2012
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 03.10.2012 APDT 7 of 2012 GA 263.of 2012 CS 56.of 1979 Modula India versus Kamakhya Singhdeo The Court :- There is a mistake in the prayer (a).We grant leave to correct by supplying suitable words deleting inappropriate words. Subject to that there will be an order in terms of prayer (a).This appeal is preferred against a decree on account of eviction as well as money decree. The money decree has been passed on account of arrears of rent. Mr.Sinha appearing for the appellant prays for operation of stay of the decree. Mr.Surajit Nath Mitra, Senior Advocate opposes such prayer. Having heard them, we grant unconditional stay for a period of fortnight from date. In the event within the time as above the appellant pays to Mr.S.N.Mitras client Rs.10,000/- as and by way of occupation charges and furnishes security in any form in the amount of ...
Samir Kumar Banerjee and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET GA No.2650 of 2012 APOT No.463 of 2012 WP No.489 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SAMIR KUMAR BANERJEE & ANR. Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE PRATAP KUMAR RAY The Hon'ble JUSTICE SUBAL BAIDYA Date :3. d October, 2012. Mr.Bijan Bihari Roy, Adv.for the appellant Mr.Pantu Deb Roy, Mr.Sidhartha Ruj, Adversus for C.S.T.C.The Court : Heard the learned Advocates appearing for the parties. Assailing the judgment and order dated 19th July, 2012 passed by the learned Trial Judge in W.P.No.489 of 2012, this appeal has been preferred. While hearing the stay application, we are of the view that appeal could be disposed of along with the stay application. Appeal is taken up accordingly as on days list for hearing by dispensing with service of notice of appeal and other formalities. By the impugned judgment under appeal, learned Trial Judge did not interfere with the order of transfer of the appellant/writ p...
Magma Fincorp Ltd. Vs. Peacock Media Ltd and ors.
Court: Kolkata
Decided on: Oct-03-2012
AP No.434 of 2012 AP No.683 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus PEACOCK MEDIA LTD & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d October, 2012. Appearance: Mr.J.Chowdhury, Adv.Mr.A.Kar, Adv.The Court : These petitions are under Section 9 of the Arbitration and Conciliation Act, 1996. AP No.434 of 2012 is the fiRs.petition in respect of the relevant agreement. A subsequent petition has since been disposed of, according to the petitioner. AP No.683 of 2012 is the third petition. The petitioner had accorded credit facilities to the respondents and the petitioner says that a sum in excess of Rs.16 lakh remains due on account of defaulted instalments if the letter of termination is disregarded. The petitioner claims that a sum in excess of Rs.30 lakh is due upon the termination of the agreement. Previous orders were passed in the petitioners favour which, according to the petitioner, are not effectiv...
Bhavneet Singh Bindra Vs. Srei Equipment Finance Ltd. and anr.
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET APO NO.323 OF 201.AP NO.12 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BHAVNEET SINGH BINDRA Versus SREI EQUIPMENT FINANCE LTD.& ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :3. d October, 2012. Mrs.Rakhi Shroff, Adv., for the appellant. Mr.Ratnanko Banerji, Adv., Mr.Swatarup Banerjee, Adv., for the respondents. The Court : The parties entered into an agreement by which the assets belonging to the respondents were leased out to the appellant against monthly lease rental to be paid in terms of the agreement. The appellant defaulted giving rise to a dispute that was referred to the named Arbitrator. The respondents approached the learned single Judge by filing an application under Section 9 of the Arbitration and Conciliation Act, 1996. By an order dated June 25, 2007 His Lordship appointed Receiver to make an inventory of the excavator that was leased out to the appellant. Repeated ord...
Port of Calcutta and ors. Vs. Kshitish Chandra Dutta
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET APO No.175 of 2012 WP No.871 of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA & ORS.Versus KSHITISH CHANDRA DUTTA BEFORE: The Hon'ble JUSTICE PRATAP KUMAR RAY The Hon'ble JUSTICE SUBAL BAIDYA Date :3. d October, 2012. Mr.Saptangshu Basu, Sr.Adv.Mr.Sujata Mukherjee, Adv.for the appellants Mr.Hiranmoy Bhattacharya, Mr.Mrinal Kanti Ghosh, Adversus for the respondent The Court : Heard the learned Advocates appearing for the parties. Assailing the judgment and order dated 16th December, 2010 passed by the learned Trial Judge in W.P.No.871 of 2007, this appeal has been preferred. Learned Trial Judge quashed the impugned order of Pension Adalat dated 14th July, 2006 and directed to recalculate the pension of the petitioner in the light of the observation made thereto. Since it is matter of calculation of pension amount by application of the circular letter, pre-revised scale of pay in the angle of the s...
State of West Bengal Vs. Union of IndiA.
Court: Kolkata
Decided on: Oct-03-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction ORIGINAL SIDE WP No.3794 of 1994 GA No.1512 of 2008 GA No.2803 of 2009 GA No.470 of 2010 GA No.471 of 2010 GA No.1209 of 2010 STATE OF WEST BENGAL Versus UNION OF INDIA. BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :3. d October, 2012. The Court : Special Officer has submitted a report before this Court. Let the same be kept on record. It is reported that as many as seven purchasers participated in auction sale. However, all these offers shall remain in a sealed cover. We think the highest bidder is to be ascertained by the Special Officer himself. Therefore, all these offers put in a sealed cover are returned to the Special Officer, who will hold a meeting on any particular date and intimation shall be given over phone to the participants as also the advocate on record of Mr.Sens client. On that date, the Special Offic...
Srei Equipment Finance Pvt. Ltd. Vs. Ana Sagar Mining Pvt. Ltd. and an ...
Court: Kolkata
Decided on: Oct-03-2012
AP No.454 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus ANA SAGAR MINING PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d October, 2012. Appearance: Mr.Utpal Bose, Adv.Mr.Satarup Banerjee, Adv.The Court : The respondents are not represented despite previous service. The petitioner claims that sum in excess of Rs.1.27 crore has not fallen due on account of defaulted instalments even if the termination of the agreement were to be disregarded. The petitioner suggests that it would be inequitable to allow the respondents to use the seven assets financed without the respondents discharging their obligation of making payment in terms of the agreement. A supplementary affidavit has been filed with copies thereof served on the respondents. The respondents have chosen not to be represented. The receiver appointed in the matter is directed to take possession of the seven assets that form the sub...
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