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Kolkata Court February 2012 Judgments

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Feb 08 2012

Life Insurance Corporation of India Vs. New theatres Ltd. (In Liqn.) a ...

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.) & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :8. h 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 contention is ...


Feb 07 2012

A.S. No. 2 of 1991 Tramp Oil Vs. Owners and Parties Interested In

Court: Kolkata

Decided on: Feb-07-2012

ORDER SHEETIN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE A.S. No. 2 of 1991 TRAMP OIL SCHIFFANTS, UND H.M and; CO.K.G. Versus OWNERS and; PARTIES INTERESTED IN M.V.`T.R` A.S. No. 3 of 1991 B. Ghose and; Co. Pvt. Ltd. Versus Egyptian Navigation Co. A.S. No. 2 of 1993 Dependable Industrial Pvt. Ltd. Versus The Owners and; Parties interested in the Berge "Pagah". A.S. No. 2A of 1993 Union of India Versus Vessel Sanfoot - II A.S. No. 3A of 1993 EMEC Pvt. Ltd. Versus The Owners and; Parties interest in vessel A.S. No. 1 of 1994 Cheval International Ltd. Versus OWNERS and; PARTIES INTERESTED IN M.V.`Gheorghieni` A.S. No. 1A of 1994 M.M.T.C. Versus OWNERS and; PARTIES INTERESTED IN M.V.`Earnest Theemen` A.S. No. 5 of 1996 M.J. Scrap (P) Ltd. Versus OWNERS and; PARTIES INTERESTED IN M.V.`Pangia Tinou` A.S. No. 1 of 1997 The Ocean Marin Protection and; Indemnity Versus OWNERS and; PARTIES INTERESTED IN VESSEL `AL KA` A.S. No. 2 of 1997 C.M.E.C. Pvt. Ltd. Versus 2OWNERS and...


Feb 06 2012

Bihar Rubber Company Limited and ors Vs. Bengal Waterproof Limited and ...

Court: Kolkata

Decided on: Feb-06-2012

1 G.A. No. 193 of 2012 A.P.O.T. No.33 of 2012 G.A. No. 194 of 2012 A.P.O.T. No.34 of 2012 C.S.156 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Origjnal Civil JurisdictionPresent:The Hon'ble Justice Kalyan Jyoti Sengupta AndThe Hon'ble Justice Joymalya Bagchi Bihar Rubber Company Limited and; ors...appellant Versus Bengal Waterproof Limited and; ors.....respondent And Greatwall Vanijya Limited v. Bengal Waterproof Limited and; ors. Date: 6.2.2012. The Court:- Both the aforesaid two applications have been taken out in connection with the above-named two separate appeals against common judgment and order dated 10th January, 2012, passed by the learned Trial Judge in connection with Civil Suit No.56 of 2011 has been impugned. This suit has 2 been filed by Bengal Waterproof Limited with some others, who are first and other respondents in these two appeals. At the outset we make it clear that while entertaining the appeal in the name of Bihar Rubber Company Limited and others we are not d...


Feb 03 2012

Hahnemann Laboratory Ltd. and ors Vs. the Hahnemann India Laboratories

Court: Kolkata

Decided on: Feb-03-2012

IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION (ORIGINAL SIDE)Present : The Hon'ble Justice Nadira Patherya G. A. No. 463 of 2010 C. S. No. 360 of 2009 HAHNEMANN LABORATORY LTD. and; ORS. VERSUS THE HAHNEMANN INDIA LABORATORIES (BN) and; ORS. For the Petitioner : Mr. S.N.Mitra, Mr. Sayantan Bose, Mr. Sourav Moitra.For the Respondent : Mr. Sudip Deb, Mr. A.K.Gandhi. Heard on : 24.8.10, 26.08.10, 27.08.10 and; 30.08.10 Judgment on : 3rd February, 2012.Patherya, J. : In a suit for a decree of perpetual injunction restraining the defendants from infringing the trademark "Arnimax" and passing off goods under the said trademark, this application has been filed for interim reliefs. The case of the petitioner is that it is a family concern and is the owner of the registered trademark "Arnimax" for its medicinal and pharmaceutical preparation under Clause- 5 of the fourth Schedule since 2003. The silhouette of the lady with black hair has come to be identified with the prod...


Feb 03 2012

Abhisek Rajgaria Vs. R.D. Motors Private Limited

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Feb-03-2012

S. Coari, Ld. Member: The present Appeal has been directed against the judgment and order dt. 29.11.10 passed by North 24 Parganas District Consumer Forum in C.C.Case No. 17/2010 wherein the Ld. District Forum dismissed the complaint petition without cost. The case of the Complainant/Appellant before the Ld. District Forum, in brief, was that the complainant entered into a contract with the OP/Respondent for the purpose of purchasing a new vehicle by exchanging his hold one at a cost of Rs. 2,00,000/- and made payment of Rs. 3,11,315/- by an A/C Payee Cheque being numbered 531105 dt. 17.10.08 drawn on State Bank of Bikaner and Jaipur, Azad Hind Bag Branch, Kolkata, in favour of the OP along with some valuable documents relating to his old Car being numbered WB-02V-6443 together with original telephone bill, etc. According to the complainant, the transaction could not be materialized due to violation of the contract at the instance of the OP. Under such circumstances, the complainant re...


Feb 02 2012

City Kerosene Supply Agency and anr Vs. the State of West Bengal and o ...

Court: Kolkata

Decided on: Feb-02-2012

IN THE HIGH COURT AT CALCUTTA (CONSTITUTIONAL WRIT JURISDICTION) ORIGINAL SIDE W. P. No. 570 of 2009 City Kerosene Supply Agency and; Anr. Vs. The State of West Bengal and; Ors. CORAM : The Hon'ble Mr. Justice Tapen Sen For the Petitioners : Mr. L.C. Bihani, Sr. Advocate Mr. Ramesh Dhara, Advocate For the State : Mr. Subrata Talukdar, Sr. Advocate Mr. Amitava Mitra, AdvocateHeard On : 2.7.09, 4.8.09, 20.10.09, 10.3.10, 22.7.11, 2.8.11, 17.8.11, 13.9.11, 21.9.11, 26.9.11, 11.11.11, 15.11.11, 16.11.11.C.A.V. on : 16.11.2011 Judgment Delivered on : 2nd February, 2012 Tapen Sen, J.: The Petitioner No. 1 is a Partnership firm and the Petitioner No. 2 is its partner. They have been carrying on business as Agents of M/s. Hindustan Petroleum Corporation Ltd. According to the Petitioners, they were granted a licence issued by the authorities under para-5 of the West Bengal Kerosene Control Order, 1968. A licence issued as such, remains valid till 31st December of each year and therefore, the P...


Feb 02 2012

Siddhi Vinayak Industries Pvt. Vs. Mahesh Goyal and ors

Court: Kolkata

Decided on: Feb-02-2012

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA NO. 1761 OF 2010 C.S. 135 OF 2010 Siddhi Vinayak Industries Pvt. Ltd. and; Anr. Versus Mahesh Goyal and; Ors. BEFOREThe Hon'ble JusticeHARISH TANDON Mr. A. Kankani, Adv., Mr. A. Bajoria, Adv., ..... for the petitioners Mr. Utpal Bose, Adv., ...for the defendant no. 1 and; 2 Mr. D.N. Sharma, Adv. .....for the defendant no. 5 and; 6 Judgment On : 02.02.2012 HARISH TANDON, J : The petitioner no. 1 imported . RBD palm olien (edible grade) and sold 500 mt. of the said oil on high seas sale with the petitioner no. 2 on 1st October 2008. The petitioner no. 1 claimed that the petitioner no. 2 is its sister concern and both are carrying on the business from their registered office at 24A Shakespeare Sarani, Kolkata - 700 071. Subsequently the petitioner no 2 entered into another high seas sale agreement dated 1st October 2008 with the respondent no. 5 being the proprietorship concern of the respondent no. 6. Bi...


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