Kolkata Court February 2012 Judgments
Rahee Infratech Limited Vs. J. Sons Company Limited
Court: Kolkata
Decided on: Feb-14-2012
GA No.282 of 2012 CS No.325 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Rahee Infratech Limited Versus J. Sons Company Limited Before: The Hon'ble Justice I.P.MUKERJ.Date:14. h February 2012 Appearance: Mr.T.K. Bose, Sr.Advocate Mr.Biswarup Chakraborty, Advocate appear for the plaintiff This is an interlocutory application moved by the plaintiff in aid of their above suit complaining of infringement of patent and copyright. It is moved ex parte on the apprehension that if notice of this application was received by the defendant, they would immediately take steps to make large-scale use of the plaintiffs alleged invention and drawings over which they claim copyright so as to deprive the plaintiff of their remedy in this suit. The plaintiffs alleged invention like this. A rail, on which the train runs, is fastened. The plaintiff has allegedly invented a device on which a part of a rail would be placed. Between the rail and the device a plate l...
Tag this Judgment!Manmohan Jhunjhunwala Vs. Biswanath Jhunjhunwala and ors.
Court: Kolkata
Decided on: Feb-14-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT No.597 of 2011 GA No.253 of 2012 GA No.120 of 2012 PLA No.217 of 2001 In the Goods of: Shree Kishan Jhunjhunwala, Deceased A n d Manmohan Jhunjhunwala Versus Biswanath Jhunjhunwala & ORS.For Appellant : Mr.Pratap Chatterjee, Sr.Advocate Mr.Promit Roy, Advocate For Respondent Nos.1-4 & Nos.8-9 : Mr.Shyam Sarkar, Sr.Advocate Mr.D.N.Sharma and Mr.Gourav Khaitan, Advocates For Respondent Nos.10-15 : Mr.Sataroop Banerjee, Advocate BEFORE: The Hon'ble CHIEF JUSTICE The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :14. h February, 2012. The Court : This matter was taken up last on January 31, 2012, when we directed that affidavit-in-opposition to the application being G.A.No.253 of 2012 (wrongly recorded as G.A.No.253 of 2011) to be filed within one week and affidavit-in-reply thereto, if any, was directed to be filed within a week thereafter. The matter was directed to appear on February 14, 2012. Tod...
Tag this Judgment!Vs. Bimal Chandra MitrA....Respondent
Court: Kolkata
Decided on: Feb-14-2012
1 ORDER SHEET APD No.213 of 2005 C.S.No.616 of 1990 G.A.No.3640 of 2005 In the High Court at Calcutta Civil Appellate Jurisdiction Original Side -NEMAI PALIT & ANOTHER..APPELLANTS ..RESPONDENT VERSUS BIMAL CHANDRA MITRA BEFORE The Hon'ble Justice PINAKI CHANDRA GHOSE The Hon'ble Justice I.P.MUKERJ.Dated :14. h February, 2012 The Court: In this appeal the Judgment-Debtors/Appellants have brought to the notice of this Court that the Receiver, who was appointed in a Partition Suit filed the present suit in question acting as such. He did not bring to the notice of this Court that the property was owned by or devolved upon Sm. Pritikana Mitra, who happened to be his wife. He suppressed this material fact from this Court. After the ownership devolved in favour of Sm. Pritikana Mitra, he did not take any steps to bring the said fact to the notice of this Court. There was no purpose in his acting as the Receiver. The owner should have been brought on record. We do not appreciate this action o...
Tag this Judgment!Turner Morrison Ltd. Vs. Nirmaljit Singh Hoon
Court: Kolkata
Decided on: Feb-14-2012
ORDER SHEET CS No.68 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TURNER MORRISON LTD.Versus NIRMALJIT SINGH HOON BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :14. h February, 2012. For Petitioner : Mr.Utpal Bose, Advocate, Mr.D.N.Sharma, Advocate with Mr.R.K.Rai, Advocate. For Respondent : Mr.N.S.Hoon appears in person. The Court:-This Court has been assigned all matters in pursuance of a letter written to His Lordship the Honble Chief Justice dated 5th January, 2012 by Mr.Hoon. The order of assignment stipulates furnishing of particulars of all cases for assignment. Mr.Hoon has submitted a list referring to eight matters to the Officer of this Court and the present suit being CS No.68 of 1998 [Turner Morrison LTD.versus Nirmaljit Singh Hoon & Ors.].was listed before this Court today. From the records, however, I find that this suit has already been assigned to His Lordship the Honble Prasenjit Mandal by His Lordship The Honble Chief Just...
Tag this Judgment!Deepak Steel and Power Ltd. and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Feb-14-2012
ORDER SHEET WP No.97 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DEEPAK STEEL & POWER LTD.& ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date :14. h February, 2012. Appearance : Mr.L.C. Behani,Senior Advocate. Mr.Ram Anand Agarwal, Advocate. for the petitioner Mr.A.K. Chakraborty, Advocate. Mr.D.K.Singh, Advocate. for the respondents. The Court : This writ application is directed against an order dated December 19, 2011 passed by the respondent no.2 disallowing the petitioner-company from parting with the private siding on railway line with co-users under clause 15(b) of the agreement dated March 2, 2007. Affidavit-in-opposition date. be filed within four weeks from Reply thereto, if any, be filed within one week thereafter. Liberty is given to mention the matter before the appropriate Bench for early hearing. Upon prima facie consideration of the facts and circumstances of this case, I find petitioner-compan...
Tag this Judgment!473/2009
Court: Kolkata
Decided on: Feb-13-2012
CP No.473 of 2009 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CONCAST BENGAL INDUSTRIES LTD. -And- TOPSIA ESTATES PVT. LTD. Appearance: Mr. Sudhir Mehta, Adv. Mr. Anurag Bagaria, Adv. Mr. Rudrajit Sarkar, Adv. ...For the petitioner. Mr. Debangshu Basak, Adv. Mr. Rajratna Sen, Adv. Mr. Dipayan Chowdhury, Adv. ...For the company. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :February 13, 2012. The Court : The claim of the petitioning creditor is on account of an unpaid amount relating to high-seas sales of heavy melting steel scrap under six several bills of lading. The entire value of the transaction was in excess of Rs.5.92 crore against which a payment of slightly over Rs.5.20 crore has been received and credit for a further amount of slightly over Rs.23.25 lakh has been given to arrive at an unpaid principal component of Rs.49,28,917/-. There is no dispute that the relevant agreements, copies whereof have been appended to the petition, provided for immediat...
Tag this Judgment!Chandra Chur Mukherjee Vs. Indian Oil Corporation Ltd
Court: Kolkata
Decided on: Feb-08-2012
ORDER SHEET AP NO. 353 OF 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CHANDRA CHUR MUKHERJEE Versus INDIAN OIL CORPORATION LTD. BEFORE:The Hon'ble JUSTICE SANJIB BANERJEEDate : 8th February, 2012. Appearance: Mr. Reetabroto Mitra, Adv. Mr. Prithwiraj Sinha, Adv. Mr. Indranil Karfa, Adv. Mr. Sakya Sen, Adv. The Court : Though how a petition has been intituled is of no ultimate relevance, it must be noticed at the outset that the petitioner herein has only invoked Section 11 of the Arbitration and Conciliation Act, 1996 in carrying the present request to Court. The two principal prayers in the petition are as follows: 2 "(a) A fit and proper person be appointed as an arbitrator to adjudicate the disputes and differences as stated in the petition hereinbefore; (b) The respondent and/or its men, servants, agents and/or assigns be restrained from giving any effect to and/or further affect to the letter dated 5th July, 2006 issued by Mr. Amit Kumar Basu as the al...
Tag this Judgment!5. 48 Company Cases Page 604 (All Vs. Raj Kumar Mittal),
Court: Kolkata
Decided on: Feb-08-2012
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION PRESENT Hon'ble Justice Ashoke Kumar Dasadhikari C.P. NO. 135 OF 2010 In the matter of: CHOWRINGHEE PRAKASHAN PRIVATE LIMITED AND BEGWANI TRADE AND INDUSTRIES PRIVATE LIMITED For the Petitioner : Mr. Rudradeb Choudhury, Adv. Mr. Deepnath Roychoudhury, Adv. For the Respondent : Mr. S. B. Mookherjee, Sr. Adv. Mr. S. R. Saha, Adv. Heard on : 23.06.2011, 29.06.2011, 08.07.2011, 22.07.2011, 26.07.2011, 02.08.2011, 19.08.2011, 26.08.2011, 30.08.2011, 05.09.2011, 09.09.2011, 14.09.2011, 15.09.2011, 19.09.2011, 21.09.2011, 17.11.2011, 22.11.2011. Judgment on : 08.02.2012. ASHOKE KUMAR DASADHIKARI, J. :- This winding up application is coming up for admission. The petitioner has a letter of credit limit from its bankers and establishes of credit on behalf of its customers or otherwise arrange finance when the customer do not have means to make immediate payment for goods to be purchased by them. Petitioner also stores and handles newsprint for...
Tag this Judgment!The Judgment Rendered in Gemini Vs. State of Maharashtra [(2004) 9 Scc
Court: Kolkata
Decided on: Feb-08-2012
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CP No. 627 of 2011 IN THE MATTER OF EMAMI BIOTECH LIMITED AND ANOTHER AND CP No. 398 of 2011 IN THE MATTER OF ITP LIMITED AND ANOTHER AND CP No. 474 of 2011 IN THE MATTER OF BRIJBHUMI AGENTS PRIVATE LIMITED AND OTHERSFor the Petitioners: Mr S.N. Mookerjee, Sr Adv., (in CP 627 of 2011) Mr Ratnanko Banerji, Adv. Mr K.K. Thakkar, Adv., Mr A.K. Mishra, Adv.For the Petitioners: Mr S.N. Mookerjee, Sr, Adv., (in CP 474 of 2011) Mrs Manju Bhuteria, Adv., Mr Rajesh Upadhyay, Adv.For the Petitioners: Mr P.C. Sen, Sr Adv., (in CP 398 of 2011) Mr R.R. Sen, Adv., Mr Dipayan Chowdhury, Adv., Mr Subhradal Chowdhury, Adv.For the State: Mr Anindya Kr Mitra, Advocate General Mr Debangshu Basak, Adv., Mr Sakya Sen, Adv.For the Central Ms Nilanjana Banerjee (Pal), Adv., Government: Mr Bhaskar Prasad Vaisya, Adv.Hearing concluded on: February 02, 2012.BEFOREThe Hon'ble JusticeSANJIB BANERJEEDate: February 08, 2012. SANJIB BANERJEE, J. : - Considering the...
Tag this Judgment!Life Insurance Corporation of Vs. New theatres Ltd. (In Liqn.) and anr
Court: Kolkata
Decided on: Feb-08-2012
ORDER SHEET GA No. 3236 of 2006 CS NO. 286 of 1960 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction LIFE INSURANCE CORPORATION OF INDIA Versus NEW THEATRES LTD. (IN LIQN.) and; ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th February, 2012. Mr.Samit Talukdar,Sr.Advocate, Mrs.Vijaya Bhatia, Mr.S. Das, Ms. S. Dawn for the petitioner. Mr.Ujjwal Datta for intervener nos.1,2 and 3. The Court : The application is by a successful purchaser at a court sale which has invoked Order XXI Rule 97 of the Code to obtain possession of the land that was sold by this Court in its favour in the year 1996. The sale was on "as is where is basis." The petitioner says that despite the sale being on "as is where is basis" there was only a solitary furniture shop in the one-bigha plot and, subsequently, the owner of the furniture shop also abandoned the same. The petitioner says that joint receivers were appointed over the property and continued to be in possession thereof. The co...
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