Kolkata Court May 2012 Judgments
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East India Trade Corporation Vs. V.K. Inks and Coatings Pvt.Ltd.
Court: Kolkata
Decided on: May-11-2012
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 11.05.2012 APOT 21 of 2012 ACO 8.of 2012 East India Trade Corporation versus V.K.Inks & Coatings Pvt.LTD.The Court :- We have gone through the impugned judgment and order of the learned Trial Judge. The learned Trial Judge has found in his own way that a sum of Rs.1,77,406.07p. is due and payable. Mr.Garg appearing for the appellant being aggrieved by the finding has come up before this Court. He submits that despite no affidavit in opposition having been filed and almost on the admitted position a sum of Rs.1,77,000 and odd should not have been quantified to be an admitted dues. We are of the view the Company Court while entertaining the winding up petition is to see whether the Company is unable to pay or to secure a debt exceeding Rs.500/-. The function of the Company Court is not to quantify the entire claim put before the Court. If...
Ray Metal (Asia) Pte. Limited Vs. Haradhan Ghosh and ors.
Court: Kolkata
Decided on: May-11-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE CC No.176 of 2011 RAY METAL (ASIA) PTE. LIMITED Versus HARADHAN GHOSH & ORS.GA No.3254 of 2011 AS No.11 of 2011 RAY METAL (ASIA) PTE. LTD.Versus OWNERS AND PARTIES INTERESTED IN THE BUNKERS AND IRON ORE FINES LYING ON BOARD THE VESSEL M.V.DD VIGOR & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :11. h May, 2012. Mr.Tilak Bose, Sr.Advocate, Mr.Ratnanko Banerjee, Mr.Swatarup Banerjee, Mr.Subhojit Roy for the plaintiff. Mr.P.K. Ghose, Sr.Advocate, Mr.S.K. Das for the defendant no.3. Mr.Siddhartha Banerjee, Mr.S.Banerjee for Vodafone. Mr.S.Dey, Advocate for Haradhan Ghosh. Ms.Aditi Bhattacharyya for Reliance. Mr.Abhijit Chakraborty for Airtel. The Court : Pursuant to order dated 27th April, 2012 Reliance has submitted the call details of Mr.Jena in respect of number 9370820111 and as regards 9371842921 it has been recorded in the letter dated 5th April, 2012 that there are no call records in respect of the said number. The call detail...
Services Pvt. Ltd. Vs. Union of India
Court: Kolkata
Decided on: May-11-2012
AP No.367 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction RESOURCE ADVERTISING & MARKETING SERVICES PVT.LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h May, 2012. Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Samrat Sen, Adv.Mr.L.K. Chatterjee, Sr.Adv.Ms.Aparna Banerjee, Adv.The Court: The matter pertains to a contractual dispute.A previous petition relating to matters covered by the same arbitration agreement had been entertained in this court. The petitioner claims to have served a notice on the appropriate officer invoking the arbitration clause. The petitioner was supposed to construct some structures for advertisement purposes. Such structures were to come up on railway property. The petitioner claims that the original shape and form of the structure were altered by the railways and, ultimately,the project failed. The petitioner says that a notice of termination has been issued which the petitioner has accepted but the rai...
The Official Liquidator Vs. Niranjanlal Todi and ors.
Court: Kolkata
Decided on: May-11-2012
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.350 of 2009 CP No.83 of 2004 TODI HIRE PURCHASE & LEASE FINANCE LTD.(IN LIQN.) AND NIRANJANLAL TODI & ORS.CA No.981 of 2010 CP No.83 of 2004 IN THE MATTER OF: DILIP RANJAN DEY & ORS.AND THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA CA No.1080 of 2011 CP No.83 of 2004 IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.(IN LIQN.) AND THE OFFICIAL LIQUIDATOR VERSUS NIRANJANLAL TODI & ORS.CA No.1090 of 2011 CP No.83 of 2004 IN THE MATTER OF: TODI HIRE PURCHASE & LEASE FINANCE LTD.(IN LIQN.) AND THE OFFICIAL LIQUIDATOR VERSUS NIRANJANLAL TODI & ORS.CA No.979 of 2010 CP No.86 of 2005 IN THE MATTER OF: BCL FINANCIAL SERVICES LTD.(IN LIQN.) AND THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA VERSUS NIRANJANLAL TODI & ORS.CA No.322 of 2011 CP No.86 of 2005 IN THE MATTER OF: AJAY BHATTACHARYA & ORS.AND THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA CA No.439 of 2011 CP No.86 of 2005 IN THE MATTER OF: BCL FINANCIAL SERVICES LTD.(IN LI...
Steel Authority of India Limited Vs. Pilani Investment and Industries ...
Court: Kolkata
Decided on: May-10-2012
Soumen Sen, J. The order dated 22nd July, 2011 passed by the learned 6th Bench, City Civil Court at Calcutta in T.S.875 of 2011 in connection with application filed under Section 10 of the Code of Civil Procedure by the defendant is the subject matter of challenge in this revisional application. In or about 4th April, 2011, Pilani Investment and Industries Corporation Limited, (hereinafter referred to as ‘Pilani’) instituted a suit in the High Court at Calcutta praying for a decree for eviction and for recovery of khas possession of the suit property against Steel Authority of India Limited, (hereinafter referred to as ‘SAIL’). The ‘Pilani’ filed a suit in this Hon’ble High Court wherein it has been averred in paragraph ‘7’ of the plaint that the plaintiff by a notice dated 21st February, 2011 issued under Section 106 of the Transfer of Property Act duly determined the monthly tenancy of the SAIL with the expiry of the 15 days from ...
Smt. Munmun Paral (Kanrar) Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-10-2012
Sambuddha Chakrabarti, J. A disgruntled writ petitioner aggrieved by exclusion of her name from a panel prepared for the appointment of Auxiliary Nurses and Midwife (hereinafter referred to as “the ANM”) Training Course for a certain center and selection of the name of the respondent no. 10 to the writ petition has filed the present application under Article 226 of the Constitution of India inter alia praying for a writ in the nature of Mandamus commanding the respondents to allow or recruit the petitioner to undergo the ANM Training Course for the relevant sub-center after discarding the name of the respondent no. 10, a writ in the nature of Certiorari quashing the order dated September 7, 2009 passed in favour of the respondent no. 10 for the said Training Center. The case as made out by the petitioner was that she had passed the Madhyamik examination in the year 1999 in the 2nd Division. She secured 422 marks out of a total of 800 marks which came to 52.75 per cent. She ...
Sayed Ali Mallick and Others Vs. Ramjan Ali and Others
Court: Kolkata
Decided on: May-10-2012
None appears for the opposite parties in spite of service of notice. Affidavit’ ofservice filed in Court today be kept with the record. The petitioners have challenged the impugned order dated 16.7.2010 passed by the Learned Civil Judge (Junior Division) 7th Court at Howrah in Title Suit No.113 of 2008. The petitioners have filed a suit, inter alia, praying for declaration of title and permanent injunction against the opposite parties. During the pendency of the suit, the opposite parties entered appearance and filed their written statement. Thereafter, by order dated 12.11.2009 issues were framed and date was fixed for documents inspection and peremptory hearing. However, it appears that no date has been fixed in case for filing of affidavit‐evidence under Order 18, Rule 4 of the Code of Civil Procedure. At this juncture, the petitioners filed an application of amendment of the plaint under Order 6, Rule 17 of the Code of Civil Procedure read with Section 151 thereof. The ...
Alok Kumar Hazra Vs. Union of India and Others
Court: Kolkata
Decided on: May-10-2012
Sambuddha Chakrabarti, J. The petitioner joined the service of the respondent no. 7 in the year 1976 and became a member of the scheme framed under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (the Act, for short). A provident fund account number was allotted to him for the purpose of depositing the provident fund contributions. His share of contribution was regularly deducted from his monthly salary and the same was deposited by the respondent no. 7 along with its own share of contribution in the designated bank account for crediting to the petitioner’s provident fund account. Some time in the year 2004 the petitioner was transferred to the Bombay office of the respondent no. 7 under the jurisdiction of the Maharashtra Regional Provident Funds Commissioner and he was allotted a separate code number. His share of contribution continued to be deducted from his salary as before. The petitioner and another employee served a notice, dated March 8, 2003 ...
Smt. Purovi Dutta Vs. the State of West Bengal and Others
Court: Kolkata
Decided on: May-10-2012
The petitioner appeared in 6th Regional Level Selection Test (AT) 2005 for the post of Assistant Teacher in Hindi (Pass category). After being selected in the said Regional Level Selection Test, she was recommended by the School Service Commission for her appointment as an Assistant Teacher in Kanchpara Janata High School, District North 24 Parganas. She accepted the offer of appointment given to her by the school authority and joined her service in the said school as an Assistant Teacher in language Group. Her appointment was approved with effect from 12th May, 2006 in Pass category post in normal section of the said school. She was given scale of pay as per G.A. Rules. Admittedly, the petitioner had Honours degree in Hindi at the time of her appointment. It is also an admitted fact that the petitioner got herself admitted in M.A. Part-I regular course in Hindi in 2005-2006 Session. She appeared in M.A. Part-I Examination after taking permission from the school authority. She also app...
Sri Gobardhan Chatterjee and Another Vs. Coal India Ltd. and Others
Court: Kolkata
Decided on: May-10-2012
J.N. Patel, C.J. This appeal has been preferred by an ex-employee of Eastern Coalfields Limited and his son dissatisfied with the judgment and order dated 14.8.2009 passed by the learned Single Judge of this Court in W.P. No.239 (W) of 2002. The appellant/petitioner no.1 was an employee of Eastern Coalfields Limited and was posted at Barachawk Seam Incline under Sitarampur area as an Engineer having E2 Grade and uninterrupted service record. It was the case of the appellant/petitioner that due to the long service the petitioner no.1 suffered from various ailments including serious heart disease and his health condition started deteriorating from the year 1987. The appellant/petitioner was referred to the Apex Medical Board by the management of the respondent no.2 company and he was declared medically unfit for service and physically disabled person on 20.l0.1989 by the Apex Medical Board. It is the case of the petitioner that as per the service condition, the petitioner was entitled f...
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