Kolkata Court March 2012 Judgments
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Rabindranath Saha Vs. the Official Liquidator, High Court, Calcutta
Court: Kolkata
Decided on: Mar-02-2012
ORDER SHEET CA NO.162 OF 201.CA NO.169 OF 201.CP NO.577 OF 200.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction M/S.AOP (INDIA) PVT.LTD.[IN LIQN.].AND RABINDRANATH SAHA Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :2. d March, 2012. Appearance : Mr.Tilak Bose, Sr.Adv.for the owners of the Sealdah property. Mr.Ratnanko Banerji, Adv., for Rabindranath Saha. Mr.Kaushik Banerjee, Adv., for Gulshan Sony. Mr.Dhruba Ghosh, Adv., for the owners of the Maniktala property. Mr.K.Anand Rao, Asst. official liquidator. The Court : Pursuant to a direction of the Appellate Court contained in an order dated November 22, 2011, the sale of the company in liquidation was directed to be made by the Company Court as a going concern. The implication of a sale of a company in liquidation as a going concern would be that the purchaser would have to take over all liabilities of the company in retained liquidation by the and official the purchase liquid...
Shyama Sharan Bhalotia and ors. Vs. Essem Enterprises Private Limited ...
Court: Kolkata
Decided on: Mar-02-2012
1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present : The Honble Justice Nadira Patherya G.A.No.1814 of 2011 G.A.No.1366 of 2009 C.S.No.140 of 2009 Shyama Sharan Bhalotia & ORS.VERSUS Essem Enterprises Private Limited & ORS.For the Plaintiffs :Mr.Mr.Mr.Mr.Anindya Mitra, Sr.Adv., Debangshu Basak, Adv., Anurag Bagaria, Adv., A.K.Kankani, Adv.For the Defendants :Mr.S.N. Mukherjee, Sr.Adv., Mr.Ratnanko Banerjee, Adv., Mr.S.S. Bose, Adv., Mr.Krishnaraj Thakker, Adv.Heard on :21.5.09, 11.6.09, 12.6.09, 17.6.09, 18.6.09, 24.6.09, 7.8.09, 29.1.10, 16.3.10, 13.4.10, 14.6.10, 16.8.10, 7.12.10, 4.2.11, 2.5.11, 14.6.11, 16.8.11, 30.8.11, 1.9.11, 14.11.11, & 08.12.11. Judgment on :2nd March , 2012. Patherya J. : This is an application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 for rejecting the plaint filed in C.S.140 of 2009. The case of the defendant No.1 is that in a suit for preparation of a scheme for administration of all the assets...
Shyama Sharan Bhalotia and ors. Vs. Fortune Enterprises Private Limite ...
Court: Kolkata
Decided on: Mar-02-2012
1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present : The Honble Justice Nadira Patherya G.A.No.1807 of 2011 G.A.No.1367 of 2009 C.S.No.141 of 2009 Shyama Sharan Bhalotia & ORS.VERSUS Fortune Enterprises Private Limited & ORS.For the Plaintiffs :Mr.Mr.Mr.Mr.Anindya Mitra, Sr.Adv., Debangshu Basak, Adv., Anurag Bagaria, Adv., A.K.Kankani, Adv.For the Defendants :Mr.S.N. Mukherjee, Sr.Adv., Mr.Ratnanko Banerjee, Adv., Mr.S.S. Bose, Adv., Mr.Krishnaraj Thakker, Adv.Heard on :21.5.09, 11.6.09, 12.6.09, 17.6.09, 18.6.09, 24.6.09, 7.8.09, 29.1.10, 16.3.10, 13.4.10, 14.6.10, 16.8.10, 7.12.10, 4.2.11, 2.5.11, 14.6.11, 16.8.11, 30.8.11, 1.9.11, 14.11.11, & 08.12.11. Judgment on :2nd March, 2012. Patherya J. : This is an application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 for rejecting the plaint filed in C.S.141 of 2009. The case of the defendant No.1 is that in a suit for preparation of a scheme for administration of all the asset...
M. Gopalakrishnan and ors. Vs. the Registrar of Companies, West Bengal ...
Court: Kolkata
Decided on: Mar-02-2012
CA No.956 of 2011 CP No.563 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE M. Gopalakrishnan & ORS.Versus The Registrar of Companies, West Bengal, Ministry of Corporate AffaiRs.Government of India & Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date:2. d March 2012 Appearance: Mr.Abhijit Chatterjee, Sr.Advocate Mr.B.Boral, Advocate Ms.Ipsita Banerjee, Advocate appear for the petitioners None appears for the Central Government. This is an application filed under Section 633(2) of the Companies Act, 1956. I take note of the averments made in paragraph Nos.3(d) and 3(e) of the affidavit-in-opposition filed on behalf of the Registrar of Companies, West Bengal affirmed by Subha Kumar Banerjee, Deputy Registrar of Companies on 14th November 2011. The sub-paragraphs (d) and (e) are set out below: d) Thereafter no further proceeding/actions was initiated by the respondents in respect of the complaint dated 09-08-2011 received from Sudhir Mukund Galande a...
Saswata Banerjeepetitioner Vs. State of West Bengal and ors.Respondent
Court: Kolkata
Decided on: Mar-02-2012
ORDER SHEET WP No.1607 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SASWATA BANERJEE Petitioner Versus STATE OF WEST BENGAL & ORS.Respondent BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :2. d March, 2012. For Petitioner : Mr.Partha Sarathi Bose, Sr.Adv.with Mr.Biswanath Chakraborty & Mr.Krishnendu Bera, Adversus For State Respondent : Mr.Pradip Kr. Dutt, Sr.Adv.with Mr.Amitesh Banerjee & Mr.Paritosh Sinha, Adversus The matter relates to rejection of the petitioners application for granting a license to run fair price shop at Asansole. Mr.Bose, learned Senior Counsel appearing in support of the writ petition submitted that under order dated 27th May, 2009, applications were invited. It was mentioned in the order that the conditions mentioned, if not fulfilled, the applications would be rejected. The conditions are as follows :3. No application will be considered unless the following conditions are fulfilled by the applicant a) He/she...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-02-2012
ORDER SHEET CA No.514 of 2007 BIFR No.43 of 2004 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE In the matter of : M/S.CONSOLIDATED FIBRES & CHEMICALS LTD (IN LIQN.) BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :2. d March, 2012. Appearance: Mr.S.Roychoudhury, Adv.Mr.Ronojit Choudhury, Adv.Mr.S.Sen, Adv.Mr.Suman Chatterjee, Adv.Mr.Kaushik Banerjee, Adv.The Court : Pursuant to my order dated January 10, 2012 Aditya Liquidator to Scraps the tune handed of over Rs.24 a cheque crore and to was accepted on condition that in case the cheque is dishonoured, the given by Mr.Sens client before the and this undertaking Court. occasions the aforesaid cheque of Aditya Scraps before the bank, but the same 24 Official crore deposit of one crore would be forfeited that the was dishonoured. However, on two was presented In that view of the matter, the offer given by Aditya Scraps is not accepted by this Court. The Official Liquidator is permitted to sell the property to any other person. lea...
Commissioner of Incometax, Kolkataii Vs. M/S. Asian Tea and Exports Lt ...
Court: Kolkata
Decided on: Mar-02-2012
1 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) Original Side Present : The Honble Justice Sengupta And The Honble Justice Joymalya Bagchi 02.03.3012 ITA 36.of 2009 Commissioner of Income-tax, Kolkata-II versus M/S.Asian Tea & Exports LTD.The Court :- This appeal is sought to be admitted against the judgment and order dated 29th May, 2009 in relation to Assessment Year 2002-03 on the following formulated questions of law :(a) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal erred in confirming the order of Commissioner of Income Tax (Appeals) allowing assessees claim of capital loss to the tune of Rs.14,58,970/- without appreciating the fact the claim was made by the assessee by filing a statement not by filing a Revised Return ?. (b) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal erred in law in holding that the short term capital loss is admissible for carry forward when such los...
Smt. Gouri Sirkar and ors. Vs. Mani Bhushan Sirkar and ors.
Court: Kolkata
Decided on: Mar-02-2012
ORDER SHEET GA No.214 of 2012 CS No.2706 of 1955 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: SMT. GOURI SIRKAR & ORS.Versus MANI BHUSHAN SIRKAR & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :2. d March, 2012. Appearance: Mr.Bimal Chatterjee Sr.Adv.Mr.Raja Basu Chowdhury, Adv.Mr.Ashok Banerjee Sr.Adv.Mr.D.Basak, Adv.Mr.A.Mitra, Adv.The Court: The orders of this Court dated 9th February, 2012, 16th February, 2012 and 27th February, 2012 were mentioned on behalf of Senco Gold by Mr.Bimal Kumar Chatterjee learned Senior Advocate. It was submitted on their behalf that measurements be taken by the valuer/chartered engineer in their presence and the report of the Joint Special Officers be filed after taking into account their objections. It may be stated that the issue is whether the applicant/applicants were handed over 2225 sq. ft. in premises No.124 and 124/1 B.B.Ganguly Street, Kolkata in terms of the orders of this Court or were ...
. Vs. Sri Sakti Prosad Misra and anr... Respondents/
Court: Kolkata
Decided on: Mar-02-2012
1 ORDER SHEET C.C.No.9 of 2012 W.P.No.1245 of 2010 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction Contempt ORIGINAL SIDE M/S.CALCUTTA LANDING & SHIPPING Co.LTD ..Petitioner . Versus Sr.SAKTI PROSAD MISr.& ANR.Respondents/Contemners BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :2. d March, 2012. Mr.D.Saha Roy, Advocate, Mr.Pingal Bhattacharjee, Advocate for the Petitioner Mr.Sarajit Roy Choudhury, Advocate for the Respondents The Court : In this contempt application, while Mr.Sarajit Roychoudhury states that the order has not been complied with in view of the grant of the letter of appointment dated 27th February, 2012, Mr.Debabrata Saha Roy, referring to paragraph-3 of the said letter, submits that his trading area has been curtailed in complete defiance of the judgment of this Court and which was confirmed in appeal. He submits that so far as Sl.No.62 in the notice for appointment of LPG Distributorship was concerned, it should have been given for the whole of the Howrah Municipal C...
The Coal India Limited Vs. Akshaya Kumar Jena and Others
Court: Kolkata
Decided on: Mar-01-2012
PRANAB KUMAR CHATTOPADHYAY, J. There are two channels of promotion for Mining Engineers in Coal India Limited (CIL) and its subsidiaries. One is the “First Class Stream” for those possessing the First Class Mines Managers’ Certificate of Competency (FMCC), and the other, the “Second Class Stream”, for those not possessing such certificate. In terms of the aforesaid promotional policy, an officer in E2 Grade upon obtaining First Class Mines Managers’ Certificate of Competency is immediately promoted from E2 to E3 Grade in the First Class Channel. Similarly, candidates placed in E3 or E4 Grade would also be entitled to be promoted to the Higher Grade upon obtaining the First Class Certificate. The First Class Mines Managers’ Certificate of Competency is issued by the Director General of Mines (Safety), after conducting written examination as well as oral test. The promotional policy which contemplates jump promotion from E2 Grade to E3 Grade, E3 ...
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