Kolkata Court August 2012 Judgments
Frankfinn Aviation Services Pvt. Ltd. Vs. the Franklyn Institute of La ...
Court: Kolkata
Decided on: Aug-31-2012
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PRESENT : THE HONBLE JUSTICE PATHERYA G.A.No.108 OF 200.C.S.No.7 OF 200.FRANKFINN AVIATION SERVICES PVT.LTD.VERSUS THE FRANKLYN INSTITUTE OF LANGUAGE For the Petitioner : Mr.Sayantan Bose, Adv., Mr.Pawan Maheswari, Adv., Ms.Sanchalita Sarkar, Adv.For the Respondent : Mr.S.N. Mukherjee, Sr.Adv., Mr.Tilak Bose, Adv., Mr.Debnath Ghosh, Adv.Heard on :16. 3-2009, 20-3-2009, 26-3-2009, 31-3-2009, 08-4-2009, 24-4-2009, 27-7-2009, 09-3-2010 and 05-4-2010. Judgement on :31. t August, 2012. PATHERYA J. : In a suit for infringement and passing off action, an application has been filed for interim relief. The case of the petitioner is that it is registered in the label Frankfinn. and has also applied for the wordmark Frankfinn.The infringement alleged is in services. as the petitioner imparts english education through a tie-up with BBC active since 1993. Such name has been adopted to carry on the petitioners business....
Tag this Judgment!Lipika Das Vs. Kolkata Municipal Corporation and Others
Court: Kolkata
Decided on: Aug-31-2012
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: Hon ble Justice Soumitra Pal W.P.No.366 of 2012 Lipika Das Versus Kolkata Municipal Corporation and Others For Petitioner: Mr.Mr.Mr.Mr.Mr.For Municipal Corporation: Mr.Gurudas Mitra Mr.Pujali Sengupta For Respondent No.7: Mr.S.Banerjee Judgement on: Abhrajit Mitra Jishnu Choudhury Biswajit Ghosh S.Mukherjee P.Bhaduri 31st August, 2012. Soumitra Pal, J. In this writ petition, the petitioner, the owner of the premises in question, has challenged the notice dated 7th December, 2011 issued under section 401 of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the Act.) directing her to stop further construction including addition and alteration of the premises as it was allegedly carried out in deviation of the sanctioned plan and was in breach of the provisions of the Act. The case of the petitioner, as stated in the writ petition and in the supplementary affidavit, is that in the y...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-31-2012
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.334 of 2012 CP No.261 of 2002 IN THE MATTER OF: JENSON & NICHOLSON FINANCIAL SERVICE LTD(LIQN.) AND IN THE MATTER OF : MR CHENNASAMY MUTHUSAMY AND CA No.478 of 2007 CP No.261 of 2002 IN THE MATTER OF: JENSON & NICHOLSON FINANCIAL SERVICE LTD(LIQN.) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :31. t August, 2012. Appearance: Mr.K.Anand Rao Official Liquidator Mr.R.Chowdhury, Adv.Mr.Rajeev Kr. Jain, Adv.Mr.J.Chowdhury, Adv.The Court : A detailed report has been filed by the Serious Frauds Investigation Office. An abstract of the report has been made over to Court and the fiRs.volume of the report also contains an executive summary spread over seven pages. At page 189 of the fiRs.volume under Chapter V, some recommendations have been made for taking steps against the erstwhile officers of the company in liquidation, including the promoters who controlled the company prior to it being handed over to the group against whom misfe...
Tag this Judgment!L and T Finance Ltd. Vs. Arss Infrastructure Projects Ltd. and anr.
Court: Kolkata
Decided on: Aug-31-2012
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.582 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.583 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.584 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.585 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.586 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.588 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.589 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.590 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.591 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.592 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.595 of 2012 L & T FINANCE LTD.-VersusARs.INFRASTRUCTURE PROJECTS LTD.& ANR. AP No.596 of 2012...
Tag this Judgment!G.R.A. Holdings (P) Limited Vs. Qamrun Nisha Ahmed and ors.
Court: Kolkata
Decided on: Aug-31-2012
ORDER SHEET CS No.365 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction G.R.A.HOLDINGS (P) LIMITED Versus QAMRUN NISHA AHMED & ORS.BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date:31. t August, 2012. Appearance: Mr.Sarathi Dasgupta and Mr.Pratik Ghosh, Advocates for the plaintiff Mr.Deb Kumar Sen, Advocate for defendant Nos.1 and 3 Mr.S.E. Huda and Mr.A.K. Rai, Advocates for defendant No.2 The Court: Mr.Sarathi Dasgupta, learned advocate appearing for the plaintiff submits that initially defendant No.2 was not appearing. The defendant No.2 took out an application praying for leave to enter appearance and extension of time to file written statement. That was heard and dismissed. defendant application filed another praying for The said restoration of that application, which is pending. Learned advocate appearing for the defendant Nos.1 and 3 submits that initially he was appearing for all the defendants including defendant No.2, but subsequently it was disputed as...
Tag this Judgment!The Official Liquidator Vs. Niranjanlal Todi and ors.
Court: Kolkata
Decided on: Aug-31-2012
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.350 of 2009 CP No.83 of 2004 IN THE MATTER OF: TODI HIRE PURCHASE & LEASE FINANCE LTD.(IN LIQN.) AND NIRANJANLAL TODI & ORS.AND 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 AND CA No.1080 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.AND 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.AND CA No.979 of 2010 CP No.86 of 2005 IN THE MATTER OF: BCL FINANCIAL SERVICES LTD.(IN LIQN.) AND THE OFFICIAL LIQUIDATOR VERSUS NIRANJANLAL TODI & ORS.AND CA No.322 of 2011 CP No.86 of 2005 IN THE MATTER OF: AJAY BHATTACHARYA & ORS.AND THE OFFICIAL LIQUIDATOR AND CA No.439 of 2011 CP No.86 of 2005 IN THE MATTER OF: BCL FINANCIAL SERVICES LTD.(IN LIQN.)...
Tag this Judgment!Greaves Cotton Ltd. Vs. M/S. New India Transport Co. and anr.
Court: Kolkata
Decided on: Aug-31-2012
CS 39.of 1999 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE GREAVES COTTON LTD.VERSUS M/S.NEW INDIA TRANSPORT Co.& ANR. BEFORE : THE HONBLE JUSTICE MURARI PRASAD SHRIVASTAVA DATE :31. T AUGUST, 2012. For the plaintiff : Ms.Madhurima Mukherjee,Advocate The Court :- The present suit has been filed praying for a decree for specific delivery of goods, particulars whereof being mentioned in Schedules B and B 1 to the plaint and alternatively a decree for a sum of Rs.17,71,893.73 P. being the value of the said goods along with interest and costs. The plaintiffs case, in brief, is that it is engaged in manufacturing spare parts of generator sets and defendant No.1 is the common carrier while defendant No.2 was engaged as clearing and forwarding agent of the plaintiff for transporting the spare parts of the generating sets to various customers of the plaintiff. Defendant No.2 was engaged by the plaintiff upon terms and conditions which were mutually agreed upon between defendant Nos.1 and 2. Bet...
Tag this Judgment!Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Aug-31-2012
ORDER SHEET WP 113.of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BEEKAY NIRYAT LTD.Versus CESC LTD.& ORS.Petitioner BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :31. t August, 2012. For Petitioner : Ms.Tapati Chatterjee, Advocate. For Respondents : Mr.Ashok Kumar Jana, Advocate. The Court : The petitioner in this WP under art.226 dated November 16, 2009 is questioning an order of final assessment dated September 9, 2009 ( WPp.96 ) passed by an assessing officer of CESC under s.126 of the Electricity Act, 2003. The petitioner had a remedy of appeal under s.127 of the Act. It could appeal within thirty days of the order of final assessment dated September 9, 2009. It chose not to appeal, and brought this WP after expiration of the period of limitation for filing the appeal. Having consciously waived its statutory right to appeal against the order, in my opinion, the petitioner was not entitled to question the order before the Writ Court by ...
Tag this Judgment!Sm. Mamata Saha Vs. Santosh Sardar
Court: Kolkata
Decided on: Aug-29-2012
Prasenjit Mandal, J. Challenge is to the Order dated June 25, 2008 passed by the learned Civil Judge (Junior Division), 4th Court, Alipore in Title Suit No.146 of 1998 thereby disposing of an application under Sections 17(2) and (2A) of the West Bengal Premises Tenancy Act, 1956 on contests by holding that there is no relationship of landlord and tenant between the parties to the suit. The plaintiff / petitioner herein instituted a suit being Title Suit No.146 of 1998 for eviction against the defendant / opposite party herein in respect of the premises in suit on the ground, inter alia, default and reasonable requirement. The plaintiff has contended that she had purchased the premises in suit from the original owners by a deed of sale dated February 10, 1993. The defendant is contesting the said suit by filing a written statement denying the material allegations raised in the plaint and he filed an application under Sections 17(2) and (2A) of the 1956 Act and that application was dispo...
Tag this Judgment!A.M.industries Ltd. Vs. Steel Authority of India Ltd.
Court: Kolkata
Decided on: Aug-29-2012
ORDER SHEET CS No.385 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.M.INDUSTRIES LTD.Versus STEEL AUTHORITY OF INDIA LTD.BEFORE: The Hon'ble JUSTICE MURARI PRASAD SHRIVASTAVA Date :29. h August, 2012. Appearance: Ms.Suparna Mukherjee, Adv.For the plaintiff. Mr.C.L.Singh, Adv.For the defendant. The Court :- Learned Advocate for the defendant submits that previously an application had been filed for dismissal of the suit which had been rejected and thereafter a petition for restoration of the said application is still pending. However, it appears from the earlier orders dated 10th July, 2012 and 14th August, 2012 that the learned Advocate for the defendant had submitted before the Court that the copy of the plaint served upon the defendant serve a had been misplaced and a direction was given to the plaintiff to copy of the plaint so that he can file the written statement. Accordingly, the Court directed the plaintiff to serve the copy of the p...
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