Kolkata Court July 2012 Judgments
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Kohinoor Tea Co. Ltd. Vs. Rajesh Rajoria
Court: Kolkata
Decided on: Jul-04-2012
ORDER SHEET APO NO.307 OF 201.ACO NO.113 OF 201.CP NO.341 OF 200.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KOHINOOR TEA Co.LTD.Versus RAJESH RAJORIA BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :4. h July, 2012. Mr.Aniruddha Ray, Adv., Mr.Ratnesh Kumar Rai, Adv., Mr.A.Basu, Adv., for the appellant. Mr.Jishnu Saha, Adv., Mr.Susanta Dutta, Avd., Mr.M.Sarkar, Adv., for the respondent. The Court : The appellant entrusted the respondent for supply of coal. Rs.8,60,436/- The became respondent due and claims payable. The that a company sum of issued several cheques amounting to Rs.1.65 lakh in part satisfaction of their dues. Those cheques were dishonoured for non-payment. The respondent issued notice under Section 138 of the Negotiation Instrument Act. The learned Advocate for the appellant wrote to them by sending pay orders for the like amount that was received by Rajesh Rajoria, the respondent personally as w...
Smt. Bonani Ghosh and ors. Vs. Sri Rajat Chakraborty and ors.
Court: Kolkata
Decided on: Jul-04-2012
ATA No.9 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Smt. Bonani Ghosh & ORS.Versus Sr.Rajat Chakraborty & ORS.Before: The Honble Justice I.P.MUKERJ.Date:4. h July 2012 Appearance: Mr.Purnashis Gupta, Advocate Mr.Anirban Ghosh, Advocate for the petitioner A trust was created for the care of dogs and other animals. It was called Foundation for Animal Welfare & Environmental Studies.The trust was executed on 15th October 2008. The fiRs.trustees were: (a) Shri Rajat Chakraborty, (b) Shri Dilip Ghosh, (c) Shri Pankaj Parekh, (d) Shri Swapan Kr. Ganguly and (e) Shri Subrata Sinha Ray. According to the Deed of Trust the fiRs.trustees were to hold office for life. The maximum number of trustees could be 21. Subsequent trustees could be appointed by 3/4th majority of the existing trustees. This is an application by applicants describing themselves to be the trustees. None was the original trustee. In fact by this application removal of the original ...
Abdul Quadir and ors. Vs. Naila Asgar and ors.
Court: Kolkata
Decided on: Jul-04-2012
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Shukla Kabir Sinha A.P.O.No.31 of 1997 With C.S.No.570 of 1983 Abdul Quadir & ORS.-versus Naila Asgar & ORS.AND A.P.O.No.32 of 1997 With C.S.No.494 of 1980 Abdul Quadir & ORS.-versus Akbari Begum & ORS.For the Appellant : Mr.P.K.Das (Sr.Advocate) For the Respondents : Mr.Supratik Basu (Advocate) No.9(ii) to 9 (vii) Ms.Gargi Saha (Advocate) For the Respondents : Mr.Ratanlal Shaw (Advocate) No For the Plaintiff/Respondent : Mr.Javed Sanariwala Heard on : June 26, 2012 Judgment on : July 4, 2012. ASHIM KUMAR BANERJEE.J.One Akbari Begum and others filed a suit against Shahzadi Bibi and others inter-alia claiming partition of the immovable properties described in schedule A, B, C and D amongst the coparceneRs.Facts would depict, one Sheikh Kasem deceased was the owner of four properties including 12Q, Patwar Bagan Lane, Calcut...
The State of West Bengal Vs. Abul HossaIn Mallick and ors.
Court: Kolkata
Decided on: Jul-04-2012
ORDER SHEET GA No.1392 of 2012 GA No.1720 of 2012 APOT No.281 of 2012 WP No.1333 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE STATE OF WEST BENGAL Versus ABUL HOSSAIN MALLICK & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE TARUN KUMAR DAS Date:4. h July, 2012 Appearance Mr.Debangshu Basak, Adv.with Mr.Paritosh Sinha, Adv.Mr.Malay Basu, Sr.Adv.with Mr.S.S. Arefin, Adv.GA No.1720 of 2012 This application has been filed on behalf of the applicants/petitioners for impleading Burdwan Medical College as party respondent in the present appeal. Having heard learned Advocates for the parties and considering the facts and circumstances of this case, we are of the opinion that the Burdwan Medical College should be added as one of the respondents to the present proceeding. Therefore, the Burdwan Medical College be added as a party respondent. Department is direct to amend the cause title of the memorandum of appeal as wel...
Vs. M/S. Integral Construction Company Ltd. ..Respondent
Court: Kolkata
Decided on: Jul-04-2012
1 ORDER SHEET APO.T.No.319 of 2012 ACO No.136 of 2012 ACO No.137 of 2012 C.P.No.297 of 2009 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE -Hindustan Copper Ltd.Appellant Versus M/S.Integral Construction Company Ltd.Respondent BEFORE The Hon'ble Justice BANERJEE The Hon'ble Justice SHUKLA KABIR (SINHA) Date:4. h July, 2012 Mr.Amitava Ghosh, Advocate, Mr.Bijon Majumder, Advocate for the Appellant. Mr.Suprio Bose, Advocate, Mr.respondent. appear and submit M.N.Ghosh, Advocate for the The Court: The appeal is barred by 90 days as claimed by Mr.Ghosh. Causes being sufficient, delay is condoned. The appeal is taken on record. The application for stay is taken up for hearing. We have heard Mr.Amitava Ghosh, learned counsel for the appellant and Mr.Suprio Bose, learned counsel for the respondent. The facts would depict that the appellant company being a wholly owned Central Government Undertaking entrusted certain work to the respondent. Dispute arose with regard to ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-04-2012
CA No.455 of 2012 CP No.636 of 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF : M/S LOOMTEX ENGINEERING PVT.LTD.-ANDNARANARAYAN SARKAR & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h July, 2012. Appearance: Mr.Joy Saha, Adv.The Court : None appears to oppose CA No.455 of 2012. The application is by the company for recalling the order dated May 17, 2012 admitting the creditors winding-up petition. The petition has not yet been advertised. The creditors are workmen of the company. The creditors were represented on a previous occasion and it had been submitted that the dues of the creditors had been paid off, as a result whereof the creditors had not taken steps for publishing the advertisements. The applicant says that there is a letter at page 499 of the affidavit in support of the Summons relating to CA No.455 of 2012 evidencing that the entire dues of the workmen have been cleared. The matter was adjourned since it was submitted on a previous oc...
industries (P) Ltd. Vs. Sudhir Bhatia], Is for the
Court: Kolkata
Decided on: Jul-04-2012
G.A.No.3529 of 2011 G.A.No.4273 of 2001 C.S.No.516 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction In the matter of: EMAMI LIMITED .Appellant/Petitioner -And- TRIMURTI TEXTILE INDUSTRIES & ORS..Respondents For the Petitioner : Mr.Goutam Chakraborty, Senior Advocate with Mr.Jishnu Saha, Mr.Atish Ghosh, Advocates For the Respondents : Mr.Ratnanko Banerjee, Advocate with Ms.Lopita Banerjee, Mr.Kuldip Mallick, Advocates Heard on :13. 06.2012 Judgment :4. h July, 2012 I.P.MUKERJI, J. A word mark, a label mark and copyright relating to them are involved in this application. The word is Emami.I will come to the details later. This suit was filed in the year 2001. Thereafter an application for injunction was filed by the plaintiff. An injunction was sought to restrain the defendants from infringing the plaintiffs label mark Emami.This is that injunction application (G.A.4273 Of 2001) being presently heard by me. It has a long history. Upon completion of affidavits it...
Coal India Limited Vs. Mahendra Narayan Ghosh and ors.
Court: Kolkata
Decided on: Jul-04-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO No.395 of 2011 WP No.1439 of 2008 COAL INDIA LIMITED Versus MAHENDRA NARAYAN GHOSH & ORS.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :4. h July, 2012. For Appellant : Mr.S.Pal, learned Senior Advocate with Mr.K.Mondal, learned Advocate For Respondent : Mr.A.Ghosh with Mr.S.Majumdar, learned Advocates The Court: This appeal is directed against judgment and order of the learned Single Judge dated 29th April, 2011 by which His Lordship quashed the chargesheet issued by the appellant. Brief fact leading to file the writ petition consequently preferring the instant appeal is as follows: The respondent Mahendra Narayan Ghosh at the time of filing of the writ petition was Chief General Manager, Law in the establishment of the appellant. In the year 1974 the predecessor-in-interest of the appellant, namely National Coal Development Corporation LTD.[ in...
M/S.Chainrup Sampatrampetitioner/ Plaintiff Vs. Punjab and Sind Bankre ...
Court: Kolkata
Decided on: Jul-04-2012
1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE C.S.No.435 of 2000 G.A.No.727 of 2012 M/s.Chainrup Sampatram Versus Punjab and Sind Bank Petitioner/ Plaintiff Respondent /Defendant BEEFORE: The Honble Justice Asim Kumar Ray Date :4. h July, 2012 Mr.Sabyasachi Chowdhury, Adv.Mr.Saunak Sengupta, Adv.Mr.Raghunath Chatterjee, Adv. for the plaintiff The Court : The instant application has been filed on behalf of the plaintiff M/S.Chainrup Sampatram for transfer of C.S.No.435 of 2000 (M/S.Chainrup Sampatram vs-Punjab and Sind Bank ) pending in the Ordinary Original Civil Jurisdiction of this Court to the Court at Alipore. A brief background: The plaintiff instituted CS No.435 of 2000 , inter alia, claiming a declaration that the discharging of fixed deposit receipts issued by the defendant bank in favour of the plaintiff was false, fraudulent, inoperative and invalid. The plaintiff has prayed for a decree for Rs.47. 17, 221/and interest thereon ...
Md. Shakil Vakil Vs. Rehana Begum and ors.
Court: Kolkata
Decided on: Jul-04-2012
ORDER SHEET GA NO.3496 OF 201.WITH CS NO.519 OF 197.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Md.SHAKIL VAKIL Versus REHANA BEGUM & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h July, 2012. Mr.R.Duttaappears for plaintiff. Mr.A.Mondal, Ms.P.Khannaappear for defendant no.1[f].Ewtesham Islamappears for defendant nos.2[a].& [d].The Court : This is an application by the defendant no.1[d].He is one of the legal heirs of the original defendant no.1. He has asked this Court to make a payment order upon the joint Receivers for his maintenance and also for treatment of his physically handicapped son. On scrutiny of the records I find that earlier, on an appropriate application being made, this Court had directed ad hoc payment to the parties, considering the need. By his order dated 16th October, 2007 Maharaj Sinha, J. directed payment of Rs.50,000/- to the defendant no.1[f].By the order dated 3rd November, 2011 this Court had provided maintenance ...
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