Kolkata Court January 2013 Judgments
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Dr. Narendra Kohli. Vs. Ratan Marothia
Court: Kolkata
Decided on: Jan-24-2013
1 G.A.No.2647 of 2012 EOPLA No.02 OF 201.IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION IN THE GOODS OF : MRS.HELEN WILSON (DECEASED) DR. NARENDRA KOHLI. Versus RATAN MAROTHIA BEFORE : The Honble JUSTICE MURARI PRASAD SHRIVASTAVA Date:24. 01.2013 Appearance: Mr.Sabyasachi Chowdhury, Advocate for the applicant MRS.Utpal Bose, Advocate for the respondent The Court:The present application has been filed by MRS.Jacqueline Wilson and her son Mr.Antoni Verdon Wilson praying for addition of parties in the present probate proceedings and for leave to file written statement within such time as fixed by this Court on the grounds as stated in the petition. The propounder/plaintiff has opposed such prayer by filing affidavit-in-opposition and the petitioners have filed affidavitin-reply seeking to meet the contentions of the propounder /plaintiff. Mr.Sabyasachi Chowdhury, learned Advocate for the petitioners submits that Kenneth Arthur Wilson was the younger son of MRS.Helen W...
Mohanlal Memani and ors. Vs. Surojmal Memani and ors.
Court: Kolkata
Decided on: Jan-24-2013
ORDER SHEET GA NO.742 OF 201.GA NO.3218 OF 201.CS NO.1457 OF 195.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOHANLAL MEMANI & ORS.Versus SUROJMAL MEMANI & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :24. h January, 2013. Mr.S.Talukdar, senior advocate, Mr.A.Dasappear. Mr.J.ChowdhuryappeaRs.Mr.R.GanguliappeaRs.The Court : After hearing the submission of the parties I think it is just and expedient that Joint Receivers are appointed from amongst the parties to collect the rent of the five properties in question. The rent is to be deposited in an account to be opened in the name of the receivers in a nationalised bank. The Receivers are to assess the liabilities to be met, for example, salary of staff, electricity charges, municipal taxes, maintenance charges etc.and pay the same. The surplus is to be distributed amongst Mr.Talukdars clients and Mr.Chowdhurys clients i.e.the legal heirs of twelfth defendant and the legal heirs of eighth defendant...
Armonia Cultural Society and anr. Vs. Kolkata Municipal Corporation an ...
Court: Kolkata
Decided on: Jan-24-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumen Sen 24.01.2013 WP 25.of 2010 Armonia Cultural Society & Anr. versus Kolkata Municipal Corporation & ORS.Mr.Niloy Sengupta, Advocate for the petitioners Mr.Srenik Singhvi, Advocate for the respondent no.8 Mr.Susanta Bose, Advocate for the respondent Nos.9 and 10 Mr.Gour Roy Chowdhury, Advocate for the KMC The Court :- Mr.Singhvi appearing on behalf of the respondent no.8 seeks time to ascertain whether any application has been filed by the respondent no.8 for regularisation of the unauthorised construction. Let this matter appear on 6th February, 2010. It is made clear that the respondent no.9 should not convert the service area into store area or change the nature and user of the premises in question. The Executive Engineer while inspecting the premises observed that department has no knowledge regarding separation of Block A and B and no application has been made before the...
Cliff Navigation S. A. Vs. Lmj International Ltd.
Court: Kolkata
Decided on: Jan-24-2013
ORDER SHEET GA No.3167 of 2012 EC No.302 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CLIFF NAVIGATION S.A.Versus LMJ INTERNATIONAL LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :24. h January, 2013. Appearance: Mr.Abhrajit Mitra, Advocate Mr.S.Bhattacharya, Advocate for the petitioner Mr.Surajit Nath Mitra, Sr.Advocate Mr.Asish Chakraborty, Advocate Mr.D.N.Sharma, Advocate Mr.B.Ghosh, Advocate for the respondent Mr.K.V.Viswanathan, Advocate for Bank of Baroda The Court: Upon hearing the learned Counsel for the decreeholder, the judgment debtor and Bank of Baroda, International Banking Branch, Kolkata, the following order is passed in suppression of the orders dated 17th October 2012, 19th December 2012 and 17th January 2013 to the following effect :The judgment debtor will be allowed to avail of the cash credit facility with the above bank, provided that out of a limit of Rs.12.42 crores, the judgment debtor will not avail of credit to the extent of Rs.2...
Kotak Mahindra Bank Ltd Vs. Md. Safir Ansari
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-18-2013
Kalidas Mukherjee, President, J. This appeal is directed against the judgment and order passed by Learned District Forum, Howrah in case no.43 of 2011 allowing the complaint and directing the OP No.1 to pay compensation of Rs.4 lakhs for prolonged mental agony; a compensation of Rs.3 lakhs for prolonged harassment and torcher perpetrated upon the complainant by OP No.1; compensation of Rs.2 lakhs for lowering down the social status and prestige of the complainant in the esteem of others by overt acts of the OP No.1; compensation of Rs.1 lakh for causing illegal and overt acts violating the principle of natural justice by OP No.1 and the litigation cost of Rs.10,000/- The OP No.1 was directed to pay the total amount of Rs.10,10,000/- to the complainant within 30 days from the date of passing the order failing which the sum shall carry interest @ 18% per annum till realization. The case of the complainant/respondent, in short, is that he took a vehicle loan to the tune of Rs.4,57,690/- w...
Arun Kumar Kedia and Another Vs. Dlf Limited and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-18-2013
ORDER NO. 14 DT. 18.01.2013 S. Coari, LD. Member The record is placed today for passing necessary orders in respect of Misc. Applications Nos. MA-227/2012, MA-228/2012, MA-229/2012, MA-230/2012, MA-231/2012, MA-232/2012, MA-233/2012, MA-234/2012 and MA-235/2012.MA-227/2012 In the Misc. Application No.227/2012, the Misc. Applicant/ Respondent No.4 has contended that respondent has been un-necessarily impleaded in the present proceeding. The Respondent No. 4, being a Non Executive Director of the Company viz. M/s DLF Ltd., has got no role to play in the present transactions entered into between the two parties. In the absence of any specific claim against the present Respondent by the complainant, it is useless to include the Respondent in the present case. The Respondent No.4 being a Non Executive Director of the Company, it is useless to implead the present Respondent and hence the Misc. Application with the prayer for deleting the name of Respondent No. 4 from the present complaint ca...
Stewarts and Lloyds of India Limited Vs. Customs, Excise and Service T ...
Court: Kolkata
Decided on: Jan-17-2013
ORDER SHEET WP No.17 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE STEWARTS AND LLOYDS OF INDIA LIMITED Versus CUSTOMs.EXCISE & SERVICE TAX APPELLATE TRIBUNAL, EAST ZONAL BENCH, KOLKATA & ORS BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :17. h January, 2013. Appearance: Dr. Samir Chakraborty, Adv.Mr.Abhijit Biswas, Adv.Mr.R.Bharadwaj, Adv.The Court : This writ application has been filed challenging an order not S-1291/Kol/2012 dated 11.10.2012 of the CustoMs.Excise and Service Tax Appellate Tribunal, East Regional Bench, Kolkata, whereby the learned Tribunal disposed of the Stay Petition of the petitioner being SP-634 of 2010 in the Appeal being S.T.Appeal No.275 of 2010 It is not in hearing had been issued. filed by the petitioner. dispute that notices of the date of The petitioner, however, submits that the only person conversant with matters pertaining to taxation who had been company which, looking including there was after all service som...
L and T Finance Ltd. Vs. M/S Sai Construction and ors.
Court: Kolkata
Decided on: Jan-17-2013
GA No.63 of 2013 AP No.29 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus M/S SAI CONSTRUCTION & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h January, 2013. Appearance: Mr.P.Sinha, Adv.The Court : The respondents are represented. AP No.29 of 2012 is the original petition under Section 9 of the Arbitration and Conciliation Act, 1996, wherein a Receiver was appointed. The Receiver had taken possession of two of the assets that formed the subjectmatter of the agreement between the parties. One of the assets has already been sold. The other asset, a truck of Tata-make, is in the possession of the Receiver but a dispute has arisen as to whether it was such asset that had been financed by the petitioner. GA No.63 of 2013 is the petitioners application in the Section 9 proceedings for a forensic expert to be appointed to ascertain whether the registration number of the vehicle in possession of the Receiver has be...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-17-2013
CP No.23 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : GANGOL COMMODITIES PVT.LTD.-AndREGISTRAR OF COMPANIES , WEST BENGAL Appearance: Mr.S.S.Bose, Adv...for the petitioner. Ms.Nilanjana Banerjee, Adv...for the RoC. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :January 17, 2013. The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.75,000/- on account of filing fees, additional filing fees and penalty would be due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.1,00,000/- to the Registrar of Companies within a fortn...
Harendra Nath Seth Vs. the State of W.B. and ors
Court: Kolkata
Decided on: Jan-17-2013
ORDER SHEET WP 134.OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE HARENDRA NATH SETH Versus THE STATE OF W.B.& ORS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :17. h January, 2013. Mr.D.Saha Roy, Adv., appeaRs.Ms.C.Mukherjee, Adv.appeaRs.The Court : The petitioner was appointed as an M.R.distributor at Anjipara under Goalpukur P.S., district Uttar Dinajpur. The petitioner is tagged with 24 M.R.dealers and 85490 ration cards under the distributorship licence issued to the petitioner. The petitioner, in this writ petition, questions the justification for issuance of the orders by the District Controller by which application was invited for appointment of M.R.Distributors in and around the Islampur town. From the conspectus of facts narrated in the petition and the affidavit in opposition, it appears that the declaration of vacancy was made consequent upon a finding being arrived at by the concerned authority that one of the distributors being the resp...
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