Kolkata Court April 2012 Judgments
Magma Fincorp Limited Vs. JamiruddIn and anr
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET AP No.289 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE MAGMA FINCORP LIMITED Versus JAMIRUDDIN & ANR BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. Appearance: Mr.Anuj Singh, Adv.The Court :- The petitioner financed Rs.16,14,000/- to the respondent no.1 for purchase of the vehicle specified in paragraph 2 of the petition. The amount advanced along with interest was repayable in 41 equal monthly commencing from instalments 01.06.2010 of Rs.51,400/- and ending on per month 01.09.2013 An agreement dated 4.6.2010 was executed by and between the petitioner and the respondents in terms whereof the petitioner has the right to take possession of the vehicle in default of compliance with the terms and conditions of the agreement including in payment of any instalment. The agreement also contains a clause for resolution of disputes by and arbitration. The respondent no.1 paid 17 instalments thereafter committed defaults. It is claimed that a sum of Rs.11,...
Tag this Judgment!Vs. State of West Bengal and ors.Responde
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET WP No.910 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASHUTOSH BHOWMIK Petitioner Versus STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :17. h April, 2012. For Petitioner : Mr.Sakti Pada Jana, Advocate. Mr.Pranab Chatterjee, Advocate. For State : Mr.Subrata Datta, Advocate. Mr.Sankar Prasad Dalapati, Advocate. The Court :The petitioners prayer for approval of his appointment was rejected by the Director of School Education, West Bengal, by holding, inter alia, that the appointment of the petitioner as an Assistant Teacher in the said school was not given by a valid Managing Committee of the said school. Be it noted that the petitioner was appointed as an Assistant Teacher in the said school on 22nd April, 1985. In couRs.of hearing of this writ petition, Mr.Jana, learned Advocate appearing for the petitioner, submitted a xerox copy of the order passed by a learned Single Judge of this Co...
Tag this Judgment!Magma Fincorp Ltd.Petitioner Vs. Nitu Singh and anr.Respondents
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET A.P.No.176 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Petitioner Versus NITU SINGH & ANR. Respondents BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. For Petitioner : Mr.Samrat Sen with Mr.Satarup Banerjee, Adva. The petitioner financed Rs.15,14,789/- to the respondent no.1 for purchase of the assets of the specifications given in paragraph 2 of the petition. The amount advanced, along with interest, was repayable in 45 monthly instalments commencing from 1st April, 2011 and ending on 1st December, 2014. An agreement dated 7th March, 2011 was executed by and between the petitioner and the respondents, in terms whereof the petitioner has the right to take possession of the assets, in default of compliance with the terms and conditions of the agreement, including default in payment of any instalment. The agreement also contains a clause for resolution of disputes by arbitration. The responden...
Tag this Judgment!Parwez Khan and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET SHEET NO.1 W.P.No.308 of 2012 With W.P.No.301 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF: PARWEZ KHAN & ORS.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :17. h April, 2012. For Petitioner :Mr.Sujash Ghosh Dostidar, Advocate with Ms.Sankari Roy, Advocate. For C.T.C.:Mr.Pantu Deb Roy, Advocate with Mr.Siddhartha Ruj, Advocate. The Court:-This writ petition is being taken up out of turn on consent of the learned Counsel appearing for the parties as a writ petition involving identical questions of law has already been disposed of by this Court today, being WP No.301 of 2012 ( Sambhu Mondal & ORS.versus The Calcutta Tramways Company (1978) LTD.& Ors.).The writ petitioners claim to be employees of the Calcutta Tramways Company (1978) LTD.It appears that they were appointed on various dates in the year 2010. In this writ petition, their main grievance is that they are not being released...
Tag this Judgment!Vs. Ravi Shankar Yadav and anr.Responden
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET A.P.No.244 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Petitioner Versus RAVI SHANKAR YADAV & ANR. Respondents BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. For Petitioner : Mr.Satarup Banerjee, Adv.The petitioner financed Rs.15,64,000/- to the respondent no.1 for purchase of the asset of the specifications given in paragraph 2 of the petition. The amount advanced, along with interest, was repayable in 33 monthly instalments commencing from 15th December, 2009 and ending on 15th August, 2012. An agreement dated 22nd October, 2009 was executed by and between the petitioner and the respondents, in terms whereof the petitioner has the right to take possession of the asset, in default of compliance with the terms and conditions of the agreement, including default in payment of any instalment, sell the same and realize the proceeds thereof towards protanto satisfaction of its dues....
Tag this Judgment!Bravo Sponge Iron Limited and Another Vs. Coal India Limited and Other ...
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET WP No.41 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BRAVO SPONGE IRON LIMITED & ANOTHER Versus COAL INDIA LIMITED & OTHERS BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date :17. h April, 2012. Mr.Pallab Banerjee, Adv.for the petitioners Mr.Partha Basu, Mr.Nikhil Kr. Roy, Adversus for the respondents The Court : This writ application is filed by the petitioners on the ground of inaction on the part of the respondent No.8 in entering into Fuel Supply Agreement with the petitioner company on the basis of the New Coal Distribution Policy as circulated under Office Memorandum dated October 18, 2007 of the Government of India, Ministry of Coal. Having heard learned Counsel appearing for the parties as also after considering the facts and circumstances of this case, I find that on July 2, 2010 the petitioner furnished bank guarantee No.0225ILG002308 which was extended upto December 23, 2010 for a sum of Rs.44,82,000/- on Punjab National ...
Tag this Judgment!Hindustan National Glass and Industries Limited Vs. Badrilal Chauhan a ...
Court: Kolkata
Decided on: Apr-17-2012
1 A.P.O.No.139 of 2012 A.P.No.255 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Honble Justice Kalyan Jyoti Sengupta And The Honble Justice Asim Kr. Mondal Hindustan National Glass & Industries Limited Versus Badrilal Chauhan and ORS.Date:17. 04. 2012 The Court:- The appellant being aggrieved by the judgment and order dated 29th March, 2012 passed by the learned Trial Judge on their application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as said Act) has preferred the instant appeal. The learned Trial Judge has refused to pass any effective ad interim order, though prayed for and had given direction simply for filing affidavits to hear it out finally some times in the month of May, 2012. The short fact leading to filing of the application as aforesaid and preferring instant appeal is as follows:- By an agreement in writing dated 10th April, 2012 appellant agreed essentially to acquire mining leas...
Tag this Judgment!Sambhu Mondal and ors. Vs. the Calcutta Tramways
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET SHEET NO.1 W.P.No.301 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SAMBHU MONDAL & ORS.Versus THE CALCUTTA TRAMWAYS COMPANY(1978) LTD.& ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :17. h April, 2012. Appearance: Mr.Arunava Ghosh, Advocate, Mr.Shibnath Bhattacharya, Advocate. Mr.Pantu Deb Roy, Advocate with Mr.Siddhartha Ruj, Advocate..for the CTC. Mr.Chittaranjan Ghosh, Advocate..for the State. The Court :-The writ petitioners claim to be employees of the Calcutta Tramways Company (1978) LTD.It appears that they were appointed on various dates in the year 2010. In this writ petition, their main grievance is that they are not being released their salary on a regular basis. Complain of such irregular payment is since the month of October, 2011. Mr.Deb respondents submits Roy that learned the Counsel authorities appearing have for detected the various irregularities in their appointment and are in the process of...
Tag this Judgment!Magma Fincorp Limited Vs. Susanta Kumar Nayak and anr
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET AP No.282 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE MAGMA FINCORP LIMITED Versus SUSANTA KUMAR NAYAK & ANR BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h April, 2012. Appearance: Ms.Sutapa Sanyal, Adv.The Court :- The petitioner financed Rs.3,41,880/-/- to the respondent no.1 for purchase of the vehicle specified in paragraph 2 of the petition. The amount advanced along with interest was repayable in 47 equal monthly instalments of Rs.39,500/- per month and the last instalment of Rs.21,042/- commencing from 20.11.2010. An agreement dated 27.10.2010 was executed by and between the petitioner and the respondents in terms whereof the petitioner has the right to take possession of the vehicle in default of compliance with the terms and conditions of the agreement including default in payment of instalments. The agreement disputes by instalments also contains arbitration. and a The thereafter clause for respondent committed resolution no.1 paid defaults. It of...
Tag this Judgment!Lmj International Ltd. Vs. Owners and Parties Interested in the
Court: Kolkata
Decided on: Apr-17-2012
ORDER SHEET GA NO.456 OF 201.WITH AS NO.3 OF 201.IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE LMJ INTERNATIONAL LTD.Versus OWNERS & PARTIES INTERESTED IN THE VESSEL M.V.OSM ARENA BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date :17. h April, 2012. MR.S.K.ROYCHOWDHURY, MR.ASHOK KR.JENA, ADVOCATES FOR CHENNAI PORT TRUST MR.ARNAB MUKHERJEE, ADVOCATE FOR SHINHAN CAPITAL Co.LTD.The Court : This is an application taken out by the authorities of Chennai Port Trust seeking directions from this Court to shift and/or remove the vessel M.V.OSM Arena. from her present anchorage to some other safer place outside the port of Madras and for payment of all port dues. The Chennai Port Trust has also prayed for leave to proceed against the vessel in accordance with law. From the facts of the instant case, it appears that in terms of an earlier order passed by this Court on 23rd February, 2010, the concerned vessel was arrested by the Marshal of this Court. The said order of arre...
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