Skip to content

Kolkata Court September 2012 Judgments

Sep 21 2012

Appellant Vs. Respondent

Court: Kolkata

Decided on: Sep-21-2012

CA No.636 of 2012 BIFR No.100 of 1991 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SCIL INDIA LTD.(IN LIQN.) Appearance: Mr.Dilip Kumar Ghosh, Adv...for the Tata Steel Limited. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 21, 2012. The Court : The official liquidator seeks a direction on the Officer-in-Charge of Bistupur police station and the Superintendent of Police, Purba Singbhum, Jharkhand to render assistance to the official liquidator to take possession of premises No.2, Jubilee Road, Jamshedpur, Jharkhand and the building thereat. By an order dated December 6, 2007, the official liquidator was directed to obtain police help for taking over possession of the said premises. The order dated December 6, 2007 was upheld in appeal on June 20, 2012 and the appellant was directed to hand over possession of the property simultaneously upon handing over of a bank draft of Rs.21.50 lakh by Tata Steel Limited. Tata Steel Limited is rep...

Tag this Judgment!

Sep 21 2012

Magma Fincorp Limited Vs. Sukhmani Engineers and ors.

Court: Kolkata

Decided on: Sep-21-2012

ORDER SHEET APO No.334 of 2012 With AP No.400 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus SUKHMANI ENGINEERS & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :21. t September, 2012. Mr.Samrat Sen, Mr.Poritosh Sinha, Mr.K.K. Pandey for the appellant. The Court : This appeal would relate to an order of dismissal of an application under Section 9 of the Arbitration and Conciliation Act, 1996. The facts would depict, the respondents obtained financial assistance from the appellant against hypothecation of vehicles, particulars whereof are appearing at page 24 of the paper book. Initially the learned Judge appointed Receiver to make an inventory. The Receiver could not find the vehicles. Hence the Receiver was discharged. The appellant filed a fresh application that the learned Judge dismissed it observing that after the Receiver got discharged there was no subsequent development. Hence...

Tag this Judgment!

Sep 21 2012

Ravi Mohan Kulshrestha Vs. Magma Fincorp Ltd. and ors.

Court: Kolkata

Decided on: Sep-21-2012

Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Shukla Kabir Sinha A.P.O.No.95 of 2012 A.P.No.599 of 2011 -AndA.P.O.195 of 2012 A.P.No.218 of 2009 RAVI MOHAN KULSHRESTHA versus MAGMA FINCORP LTD.& ORS.For the Appellant : For the Respondent Mr.Debojyoti Bose, Advocate Mr.Lal Ratan Mondal, Advocate : Mr.Sakya Sen, Advocate Mr.K.K.Pandey, Advocate Heard on : July 31, September 6, 11, 2012. Judgment on : September 21, 2012. ASHIM KUMAR BANERJEE.J.The appellant obtained credit facilities from Magma Fincorp Limited for purchase of one JCB 3DX Backhoe Loader for commercial purpose. The parties entered into a Hire Purchase agreement on November 13, 2006. Under the agreement, total hire purchase price of Rs.19.32 Lacs was to be repaid by 35 monthly installments of Rs.55200 commencing from October 15, 2006 and subsequent installment by 15th day of each succeeding English calendar mont...

Tag this Judgment!

Sep 21 2012

Bengal Brickfield Owners’ Association and ors. Vs. State of West Ben ...

Court: Kolkata

Decided on: Sep-21-2012

ORDER SHEET SHEET NO.1 W.P.No.676 of 2003 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF:BENGAL BRICKFIELD OWNERS ASSOCIATION & ORS.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :21. t September, 2012. Appearance:Mr.Pradip Kumar Roy, Advocate..for the petitioners . Mr.Ram Anand Agarwala, Advocate..for the Respondents The Court:-This writ petition is directed against a notification issued by the State Government for fixing minimum wages for employees employed in brick manufactories. This notification, bearing no.42M.W./2W-33/2000 dated 7 May 2002 has been made Annexure-P-13. to the writ petition. The notification has been issued in terms of proviso to (1)(b) of the Minimum Wages Act, 1948. challenge in this proceeding is the Section 3 Also under legality of a notification dated 22 February 2001 bearing No.25MW/2W-33/2000, Which was published in the Calcutta Gazette on 20 March 2001 issued under the said s...

Tag this Judgment!

Sep 21 2012

V.V.A. Finance Ltd. Vs. K.M.C.and ors.

Court: Kolkata

Decided on: Sep-21-2012

ORDER SHEET WP 148.OF 200.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE V.V.A.FINANCE LTD.Versus K.M.C.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :21. t September, 2012. MR.S.BANDYOPADHYAY,ADVOCATE, APPEARs.MR.B.MUKHERJEE,ADVOCATE, APPEARs.The Court : By this writ petition, the petitioner seeks to set aside the notice dated 14th September 2006 and the orders dated 31st December 2004 so also the notice of disconnection of water supply. The case of the petitioner is that it is the owner of the premises no.182, Rashbehari Avenue, Kolkata-700029. From time to time, annual valuation has been made and similarly for the third quarter 2001-02, valuation was made so also for the fourth quarter 2002-03 and fiRs.quarter 2004-05. said valuation is based on the conservation charges to be paid. The The respondent authorities have accepted that the said premises was given out for marriage purposes and used as a ceremonial house and on the basis that the premises wa...

Tag this Judgment!

Sep 21 2012

Sri Chhotelal Jaiswarapetitioner Vs. Coal India Ltd. and ors.Responden ...

Court: Kolkata

Decided on: Sep-21-2012

ORDER SHEET WP No.546 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.CHHOTELAL JAISWARA Petitioner Versus COAL INDIA LTD.& ORS.Respondents BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :21. t September, 2012. For Petitioner : Mr.Subrata Ganguly, Advocate For Respondents : Mr.R.N. Majumdar, Advocate Mr.Nikhil Roy, Advocate The Court : The writ petitioner was dismissed from service due to absence wsithout leave. issuance of charge-sheet. Respondent Authorities conducted enquiry after Mr.Ganguly, learned counsel petitioner submits that his client was seriously ill. treatment of Sadey Hospital. for the writ He was undertaking Subsequently he was suffering from jaundice. This is the reason for absence. Mr.Ganguly submitted that his client did not get proper opportunity to defend his case. He also submitted that there is violation of principles of natural justice. Mr.Ganguly submitted that the enquiry was conducted in an irregular manner. ...

Tag this Judgment!

Sep 21 2012

Saral Kumar Sen Gupta Vs. the Official Liquidator, High Court, Calcutt ...

Court: Kolkata

Decided on: Sep-21-2012

CA No.641 of 2012 CA No.672 of 2012 CP No.12 of 1997 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: CASSION FIN. & INVESTMENT (INDIA) LTD.(IN LIQN.) AND SARAL KUMAR SEN GUPTA VERSUS THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :21. t September, 2012. The Court : The highest bid in Court for the sale of the Bowbazar property (30, B.B.Ganguly Street, Kolkat001. is of Rs.1.60 crore by K.S.Trading Company represented by its proprietor, Sukumar Roy, who is present in Court and has been identified by advocate representing him. Such person has put in Rs.3 lakh by way of earnest deposit and the balance earnest deposit covering 20% of the bid value should be put in within a week from date. In default of the balance earnest deposit being made, the amount deposited will stand forfeited without any reference. The second highest bid is of Yogeswari Builders (P) Limited represented by a director, Manish Sharma, who is present i...

Tag this Judgment!

Sep 21 2012

…………………..Appellant. Vs. Prabir Kumar Chakraborty

Court: Kolkata

Decided on: Sep-21-2012

1 ORDER SHEET APO No.201 of 2011 A.P.No.390 of 2010 A.P.No.387 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RANJITA APARTMENT FLATOWNERs.ASSOCIATION & ORS ..Appellant. Versus PRABIR KUMAR CHAKRABORTY Respondent. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :21. t September, 2012. Heard on:21. t September, 2012 Judgment on:21. t September, 2012. Appearance: Mr.Pradip Dutta, Sr.Advocate with Mr.Arindam Sinha, Advocate For the claimant. Mr.Anirban Basu with Mr.Sayak Majumder, Advocates For the respondent. ASHIM KUMAR BANERJEE,J :- This appeal would arise out of a trifle issue that has been carried to the last Court of the State. The sole dispute would center around a multi-storied building having seven flats in all. Initially, three flats were owned by one Barun Chowdhury and his family members whereas the other four flats were being enjoyed by four different allottees. By a memorandum of understanding dated January...

Tag this Judgment!

Sep 21 2012

Vs. State of West Bengaland ors.Responde

Court: Kolkata

Decided on: Sep-21-2012

ORDER SHEET WP 48.of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE UNNAYAN DEVELOPERS PVT. LTD. Petitioner Versus STATE OF WEST BENGAL & ORS. Respondents BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :21. t September, 2012. Appearance : Mr. S.K.Kapur, Senior Advocate. Mr. Sujash Ghosh, Advocate. Ms. Sankari Ray, Advocate. for the petitioner Mr. Amit Prakash Lahiri, Advocate. Mr.Mrinmoy Bhattacharya, Advocate. for the respdt. Nos. 2 and 3. Mr. Pratik Prakash Banerjee, Advocate. Mr. Ayan Banerjee, Advocate. for the State. The Court : Permission in the form of No objection. was granted to the petitioner by East Kolkata Wetlands Management Authority for fencing its project site for development of ecotourism in EKW area in RS Dag Nos. 660, 661, 662, 659, 663, 664, 665, 666 and 674 in Mouza Kulberia ( J.No.7 ) under P.S. KLC in the district South 24-Parganas with the following conditions :1. not is strictly for the Dag numbers mentioned in the...

Tag this Judgment!

Sep 21 2012

Aftab Alam Vs. Rahamat Ali and ors.

Court: Kolkata

Decided on: Sep-21-2012

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA NO.2890 OF 201.APO No.336 OF 201.GA No.320 OF 201.CC No.1 OF 201.WP No.156 OF 200.AFTAB ALAM Versus RAHAMAT ALI & ORS.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :21. t September, 2012. The Court : By this appeal the judgment and order dated 25th March, 2011 has been impugned by the third party with the leave of the Court. The appellants grievance is that by the order passed by the learned Single Judge on an application being GA No.320 of 2011 in a contempt proceeding in CC No.1 of 2010 in connection with WP No.160 of 2004 his right to be appointed in Madrasah, namely Beniapukur High Madrasah, has been totally affected. In order to appreciate this plea, short narration of the fact requires to be recorded. Aftab Alam, being the appellant herein, and Rahamat Ali, the fiRs.respondent, in 2001 pursuant to advertisement issued by the appropriate board, the...

Tag this Judgment!

  • Last »

Save Judgments · Add Notes · Store Search Results · Organize Client Files

Start your Free Trial