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Kolkata Court June 2012 Judgments

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Jun 05 2012

Md Fazlur Rahman Vs. the Official Liquidator

Court: Kolkata

Decided on: Jun-05-2012

CA No.149 of 2012 CP No.12 of 1997 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: CASION FINANCE & INVEST. (INDIA) LTD (LIQN) -AndMD FAZLUR RAHMAN -VSTHE OFFICIAL LIQUIDATOR Appearance: Mr.S.B.Mookerjee, Sr.Adv.Ms.Pooja Daschowdhury, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 5, 2012. The Court : This application is by one of the small investors who had made a deposit under Section 58A of the Companies Act in the company prior to its liquidation. The company (in liquidation) appears to have been one of those commercial ventures floated primarily to dupe small investORS.Several thousands of investors stand in queue to obtain refund of the principal amounts invested or even part thereof. The official liquidator does not have funds to meet the claims of the small investORS.In addition, there are claims by statutory authorities like the income tax department. In couRs.of the matter being taken up it transpired that the company had been ...


Jun 04 2012

Abdul Malek Vs. State of West Bengal and Others

Court: Kolkata

Decided on: Jun-04-2012

ANIRUDDHA BOSE, J.:- 1. The writ petitioner is a partner of a firm operating in its trade name “Damodar Enterprise”, engaged in the business of distributorship under the provisions of the West Bengal Public Distribution System, (Maintenance and Control) Order 2003. The petitioner, along with one Monohar Chandra Halder initially had been appointed as a modified ration (M.R.) distributor in the year 1985. At that point of time, practise of food and supplies department of the Government of West Bengal was to appoint such distributor by executing agreements with the individuals selected on the basis of stipulations of executive instruction. It appears that on 3 October 1983, the writ petitioner and said Monohar Chandra Halder had entered into a partnership agreement. (I shall refer to them as AM and MH respectively later in this judgment.) A copy of this agreement has been produced before this Court at the time of hearing, and from this agreement, I find that one of the main ob...


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