Kolkata Court October 2013 Judgments
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Banwarilal Agarwal and ors. Vs. Pankaj Lohariwal and ors.
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET GA No.3054 of 2013 CS No.360 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BANWARILAL AGARWAL & ORS.Versus PANKAJ LOHARIWAL & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd October, 2013. Mr.Abhrajit Mitra, Mr.Anirban Roy, Mr.Soumabho Ghose, Adversus for the petitioners The Court : In a suit for a declaration that a Memorandum of Understanding and Shareholders agreement dated 30th November, 2012 are null and void, this application has been filed. The case of the petitioners is that the shareholders agreement was entered into between the parties on 30th November, 2012. The said agreement was subject to grant of approval by the main financial institution namely, State Bank of India, to grant of certain concession which has been refused by the State Bank of India. Hence the agreement cannot be implemented. Some moneys have been paid by the petitioner and the petitioner has also resigned from the company. In view of the non- accep...
Sajal Kumar Dutta Vs. Coal India Limited and Others
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET WP No.335 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAJAL KUMAR DUTTA Versus COAL INDIA LIMITED AND OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd October, 2013. Appearance: Mr.Partha Ghosh, Advocate for the petitioner Mr.R.N.Majumdar, Advocate Mr.Susanta Pal, Advocate for the respondents Mr.Asraf Ali, Advocate for CBI The Court: The order of the General Manager dated 22nd February, 2013, is under challenge. This consideration was made further to an order dated 12th October, 2012, made by this Court in WP No.3989(W) of 2008 (Sajal Kumar Dutta versus Eastern Coalfields LTD.& Ors.).The petitioner is a land loser claiming employment with the respondent Eastern Coalfields LTD.in accordance with the alleged terms or the policy under which the land was taken over by the Eastern Coalfields LTD.The only reason for rejection of the claim of the writ petitioner was that this case was under investigation by the CBI. During hearing o...
M/S. Krishi Rasayan Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET WP1021OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.KRISHI RASAYAN Versus STATE OF WEST BENGAL AND ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 3rd October, 2013. Appearance : Mr.Somak Basu, Adv.Mr.S.Mukherjee, Adv. for the Advocate General The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be listed on 12th November, 2013 and...
Keventer Agro Ltd and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET WP1023OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KEVENTER AGRO LTD & ANR. Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 3rd October, 2013. Appearance : Mr.Agnibesh Sengupta, Adv.Mr.Soumabho Ghose, Adv. for the petitioners Mr.S.Mukherjee, Adv. for the Advocate General The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has dire...
M/S. Sunrise Foods Ltd. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-03-2013
ORDER SHEET WP986OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.SUNRISE FOODS LTD.Versus STATE OF WEST BENGAL AND ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 3rd October, 2013. Appearance : Mr.Somak Basu, Adv.Mr.S.Mukherjee, Adv. for the Advocate General The Court : The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be listed on 12th Novem...
Smt. Chandra Chatterjee and anr. Vs. Smt. Sapna Bhattacharya and anr.
Court: Kolkata
Decided on: Oct-03-2013
GA No.2975 of 2013 CS No.226 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. CHANDRA CHATTERJEE AND ANR. -VersusSMT. SAPNA BHATTACHARYA AND ANR. Appearance: Mr.Sakya Sen, Adv.Mr.A.Mondal, Adv...for the petitioner. Mr.Subrata Ghosh, Adv.Ms.Esha Banerjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd October, 2013. The Court : In a suit for partition this application has been filed for interim reliefs. The case of the petitioner is that they have 17/18th share in the sole property of the parties at Bagbazar while the defendants have 1/18th share therein. The said premises is the residence of the plaintiffs and is in need of repaiRs.There is a danger of the said property collapsing and all that the petitioners seek at this stage is the repairs be carried out surveyor. at the said premises under a licenced building This prayer is opposed by Counsel for the respondents on the ground that in the garb of carrying out re...
Bajaj Auto Finance Limited, Kolkata Vs. Nazmul Alam and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Oct-03-2013
Debasis Bhattacharya, Member: This appeal is directed against the judgment dated 01.02.2011 in Case No. 91/2009 of the Ld. District Forum, Murshidabad. By the impugned judgment, the Ld. District Forum has allowed the case on contest as against the OP No.3 and dismissed against the OP Nos. 1 and 2, without any order as to costs, and directed the OP No.3 to restore possession of the vehicle being no. WB-58-H-5457 in favour of the Petitioner within one month from the date of the order. But, the OP No.3 has been given liberty to take possession of the vehicle in question in accordance with law and after observing all legal formalities and also to recover the arrears of loan amount together with accrued interest, if any, under the law. Being aggrieved and dissatisfied with the same, the OP, Bajaj Auto Finance Ltd. has preferred this appeal. The case of the Complainant is that on 25.05.2007 his father-in-law gave him a PULSAR 150 CC Two Wheeler bearing No. WB-58-H-5457 as donation being fina...
Bipul Mitra and Co. Vs. Mcleod Russel India Limited
Court: Kolkata
Decided on: Oct-01-2013
CS 258 of 2005 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE BIPUL MITRA & Co.Versus MCLEOD RUSSEL INDIA LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st October, 2013. Mr.Asish Chakraborty,Advocate appeaRs.Mr.D.N.Sharma,Advocate appeaRs.The Court : - After commencement of examination-in-chief and few questions being put to the plaintiff at that stage, Mr.D.N.Sharma,learned Counsel appearing on behalf of the defendant, on instruction, submits that the defendant is ready and willing to pay over and above the matured value of the fixed deposit for a sum of Rs.5 lakhs in full and final settlement of the claim of the plaintiff in the suit. Mr.Asish Chakraborty,learned Counsel representing the plaintiff, on instruction, submits that the plaintiff is ready and willing to accept the said sum of Rs.5 lakhs over and above the proceeds of the fixed deposit. Mr.Bipul Mitra, the plaintiff as well as Mr.Hiren U. Sanghvi, authorised representative of the defendant deposed before this Court th...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-01-2013
ORDER SHEET GA NO.2459 OF2013WITH PLA NO.116 OF2012IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF: SYED ABOOL MANSOOR, DECEASED AND IN THE MATTER OF: SYED MANZUR ELAHI AND HONGKONG & SHANGHAI BANKING CORPORATION LTD. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 1st October, 2013. Mr.P.K.Das, senior advocate, Md.Hafizullahfor petitioner. Mr.P.Sinhafor judgment debtor. The Court : By letter dated 16th July, 2013 the advocate of the applicant herein has been informed by HSBC Bank that Bangladeshi Nationals are entitled to open NRO accounts without requiring approval of Reserve Bank of India provided the bank is satisfied that the individual is holding a valid VISA and valid residential permit issued by the Foreign Registration Office or Foreigners Regional Office. In the instant case the applicant is a Bangladeshi National, who is the holder of Letters of Administration to administer the estate of the deceased. The applicant, therefore, ...
Mereena Trading and Exports Vs. Traxpo Tnterprises Pvt Ltd
Court: Kolkata
Decided on: Oct-01-2013
1 ORDER SHEET GA No.2998 of 2013 APO No.275 of 2013 CS No.176 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MEREENA TRADING & EXPORTS Versus TRAXPO TNTERPRISES PVT LTD BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Honble JUSTICE SHIB SADHAN SADHU Date : 1st October, 2013. Appearance: Ms.C.Mookherjee and Mr.Anupam Mookherjee ld. Advocates for the appellant. Mr.Goutam Chakraborty, Mr.S.R.Bakshi and Mr.S.Das Ld. Advocates for the respondent. The Court :- The appellant would deposit a sum of Rs.10 lac in cash with the Registrar, Original Side of this Court and secure the balance sum of Rs.9 lac by a bank guarantee of any nationalized Bank from any branch of Kolkata. The cash security be made within 2 weeks after vacation. Bank guarantee may be furnished within 3 weeks after vacation. Mr.Chakraborty represents the sole respondent. Hence, service of notice of appeal is dispensed with. The appellant is directed to file requisite numbers of informal pa...
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