Skip to content

Kolkata Court November 2013 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Nov 08 2013

M/S. Ma Chandi Durga Ispat Ltd. Vs. M/S. B. N. S. Enterprise

Court: Kolkata

Decided on: Nov-08-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE CP327OF2013M/S.MA CHANDI DURGA ISPAT LTD.Versus M/S.B.N.S.ENTERPRISE BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th November, 2013. Ms.Darshana Sett, Advocate Mr.R.Ginodia, Advocate for petitioner The Court :-On the prayer of the company the direction for filing affidavit was passed. The time to file opposition was subsequently extended subject to the payment of the costs on 8.7.2013. The learned Advocate appearing for the petitioner submits that neither the costs is paid nor the opposition is served upon the learned Advocate-on-record of the petitioning creditor. The claim made in this winding up petition relates to the default in payment of the amount for the goods sold and delivered. The statutory notice is also not replied. The delivery challans as well as the invoices annexed to this winding up petitions shows that the goods were received by the company without any demur or protest. This Court, the...


Nov 08 2013

Limited Vs. Sonex T. V. Appliances Pvt. Ltd. and ors.

Court: Kolkata

Decided on: Nov-08-2013

ORDER SHEET APO No.270 of 2013 With GA No.460 of 2013 CS No.41 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction HONGKONG HUIHUANG INDUSTRIAL COMPANY LIMITED Versus SONEX T.V.APPLIANCES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th November, 2013. Mr.Sakya Sen, Mr.Jeevan Panda, Mr.Rishav Dutt for the appellant. Mr.Ratnanko Banerjee, Ms.Lopita Banerjee, Mr.Somraj Mukherjee, Mr.S.Dey, Mr.Indradeep Basu for the respondents. The Court : Under the Letter of Credit the appellant was to receive the money. The learned Single Judge did not find any fault with the appellant, yet appointed a Receiver to hold the money payable under the Letter of Credit. Hence this appeal by the appellant. We have heard Mr.Sakya Sen, learned Counsel appearing for the appellant and Ms.Lopita Banerjee, learned Counsel for the respondents. We find logic in the submission of Mr.Sen. Once the money was payable under the Letter of Credi...


Nov 08 2013

Prabhat Kumar Vs. Coal India Ltd. and ors.

Court: Kolkata

Decided on: Nov-08-2013

ORDER SHEET WP No.348 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRABHAT KUMAR Versus COAL INDIA LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th November, 2013. Mr.U.S.Agarwalfor petitioner. The Court : The appellate authority will hear out and dispose of the appeal made by the petitioners letter dated 1st February, 2010, which is annexure P-6 at page 27 of the petition, within three months of communication of this order. If the Appellate authority finds that the appeal is not in proper form, leave is to be given to the petitioner to prefer the appeal in proper form within such time as may be granted by the Appellate authority. Upon presentation of the appeal in proper form, the delay, if any, in preferring the appeal is to be condoned and the appeal to be disposed of within three months of preferring thereof in proper form. The order of punishment was made on 25th February, 2008. A minor punishment of censure was imposed on the pe...


Nov 08 2013

Satyesh Mukherjee Vs. Anjan Mukherjee Proprietor of “jeekon Devel ...

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Nov-08-2013

Kalidas Mukherjee, President: This is a complaint case filed by the petitioner/complainant stating that the OP insisted on the complainant for booking a flat on payment of advance. Being impressed with the statement and assurance of the OP, the complainant intended to purchase a flat on the third floor, south-east corner measuring a floor area of 1050 sq. ft. and a car parking space for allotment and the total consideration was Rs.25,60,000/-. Accordingly, on 25/01/06 the complainant submitted a letter for the purchase of flat with car parking space. On 26/01/06 he paid a sum of Rs.1,50,000/-as advance and the OP issued the letter of allotment in favour of the complainant on 26/01/06. As per terms and conditions the agreement was to be made within 15 days from the date of allotment. Accordingly, the complainant met the OP for the supply of a draft copy of the agreement, but the OP avoided on several occasions on the plea that there was a dispute between the land owner and the developer...


Nov 07 2013

Raj Kumar Shaw Vs. M/S. Cesc Ltd. and ors.

Court: Kolkata

Decided on: Nov-07-2013

WP No.960 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE RAJ KUMAR SHAW VERSUS M/S.CESC LTD.& ORS.PRESENT : THE HON'BLE JUSTICE SOUMEN SEN. DATE : 07.11.2013. Appearance Mr.Debesh Halder, Adv.Mr.Partha Sarathi Ghosh, Adv..for the petitioner Dr. Madhusudan Saha Roy, Adv..for the CESC LTD.The Court: The only issue in this writ petition is whether CESC LTD.is entitled to realize a sum of Rs.5,63,833.00 for unauthorized use of electricity in respect of supply in favour of Shri Kali Prasad Shaw from Maa Laxmi Bhandar of which Rajkumar Shaw is a proprietor. The learned Counsel for both the parties relied upon the final order of assessment dated 10th June, 2009 in order to substantiate their rival claiMs.The learned Advocate for the petitioner submits that after the disconnection is made with regard to the unauthorized supply of electricity by the petitioner to Kali Prasad Shaw on 14th October, 2005, a proceeding was drawn up against the petitioner and th...


Nov 07 2013

Srei Equipment Finance Private Limited (Sefpl) Vs. Rachna Jaiswal and ...

Court: Kolkata

Decided on: Nov-07-2013

AP No.983 of 2013 AP No.984 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side SREI EQUIPMENT FINANCE PRIVATE LIMITED (SEFPL) Versus RACHNA JAISWAL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th November, 2013. Appearance: Mr.Satarup Banerjee, Adv.The Court : The respondents are not represented despite previous service and despite being represented earlier. The last order of September 20, 2013 recorded the respondents submission that they would make good the defaulted instalments by paying a sum of Rs.7 lakh by the end of September, 2013 and a further sum of Rs.7 lakh in the month of October, 2013 and by making payment of the current instalment along with 10% of the amount lying in default each month from November, 2013. The petitioner reports that the payment of Rs.7 lakh for the month of September, 2013 was not made and, in fact, no payment has been tendered by the respondents after September 20, 2013. In view of the failure on the...


Nov 07 2013

Union of India and ors. Vs. R.V. Rail Products Pvt. Ltd.

Court: Kolkata

Decided on: Nov-07-2013

GA NO.1718 OF2013APO NO.174 OF2013CS NO.38 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side UNION OF INDIA & ORS.-VSR.V.RAIL PRODUCTS PVT.LTD.BEFORE: The Honble JUSTICE ASHIM KUMAR BANERJEE, ACJ The Honble JUSTICE DEBANGSU BASAK Date: 7th November, 2013 Appearance: Mr.L.K.Chatterjee, Advocate Mrs.Aparna Banerjee, Advocate for the appellant. Mr.Jishnu Saha, Advocate Mr.Raja Basu Chowdhury, Advocate Mr.Kallol Saha, Advocate Ms.Arpita Saha, Advocate Mr.Subhas Jana, Advocate for the respondent. The Court: The respondent is a manufacturer of railway switches which are commonly called as fabricated curved switches mainly used for bifurcation of the railway line. The respondent is a listed contractor under the railways. The appellants would contend, the respondent was listed as a part-II contractor whereas they claimed and availed benefit as part-I contractor which was not permitted unless they would qualify for the same having appropriate registration under th...


Nov 07 2013

Commission and Others Vs. Syed Shah Abul Basar MohiddIn Md.

Court: Kolkata

Decided on: Nov-07-2013

ORDER SHEET GA No.57 of 2013 APOT No.20 of 2013 WP No.257 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE WEST BENGAL CENTRAL SCHOOL SERVICE COMMISSION & OTHERS Versus SYED SHAH ABUL BASAR MOHIDDIN Md.ZABER & OTHERS BEFORE: The Hon'ble JUSTICE PATHERYA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 7th November, 2013. Mr.Joytosh Majumder, Ms.Debjani Roy, Adversus for the State Mr.Subir Sanyal, Mr.Sakti Pada Jana, Adversus for respondent/writ petitioner Mr.S.M.Hassan, Adv.for Madrasa Service Commission The Court : The order under appeal is dated 11th September, 2012. For the post of headmaster a panel was prepared and the writ petitioner/respondent placed at serial No.2 while the private respondent was placed at serial No.1. Although the name of the private respondent was recommended by the School Service Commission, the private respondent joined at Pandua Sashibhushan Saha Uchha Vidyalaya [HS].and therefore the question of granting appointment to him did ...


Nov 07 2013

Kolkata Municipal Corporation and ors. Vs. Radha Mohan Gupta and ors.

Court: Kolkata

Decided on: Nov-07-2013

ORDER SHEET APO35OF2013IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KOLKATA MUNICIPAL CORPORATION & ORS.VERSUS RADHA MOHAN GUPTA & ORS.BEFORE: The Honble Justice Soumitra Pal The Honble Justice Sudip Ahluwalia Date: 7th November, 2013 Appreance: Mr.Biswajit Mukherjee, Advocate Mr.D.Mondal, Advocate for appellants. The Court: This appeal is directed against the order dated 4th August, 2009 passed in W.P.No.1043 of 2008 (Sr.Radha Mohan Gupta & Anr.V.State of West Bengal & Ors.) by which while allowing the writ petition, by cancelling the notice dated 16th November, 2005, direction was given to the Assessor-Collector (North).Kolkata Municipal Corporation to fix a date for hearing afresh, to afford an opportunity to the writ petitioners to file objection in their capacity as occupiers of the said premises and to pass a reasoned order after considering the contentions of the writ petitioners and the Corporation. Relying on the judgment passed in Calcutta Gujrati...


Nov 07 2013

Maheshwari Devi Vs. Aparna Singh and ors.

Court: Kolkata

Decided on: Nov-07-2013

GA No.3115 OF2013CS NO.371 OF2013IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION MAHESHWARI DEVI versus APARNA SINGH AND ORS.BEFORE: THE HONBLE JUSTICE I.P.MUKERJ.DATE: 07-11-2013 APPEARANCE: Mr.S.N.Mookherji,Sr.Advocate, Mr.R.Bachawat, Mr.A.Banerjee, Advocates for petitioner Mr.K.Dutta, Mr.S.Banerjee, Mr.D.Basu, Mr.K.Ganguly, Advocates for respondent no.1 Mr.Sakya Sen, Mr.A.Z.Mondal, Advocates for intervenors Mr.Joy Saha, Mr.a.Seal Advocates for respondent no.3 THE COURT: A more complex dispute over title to an immovable property is difficult to come across. The property involved is premises no.2/1, Dr.U.N.Brahmachari Street (formerly Loudon Street).Kolkata 700016. In this suit, the plaintiff lays her claim to the property. Mr.S.N.Mookherji, learned senior advocate, appearing for her submits that by virtue of a Deed of Gift dated 1st August, 1948, the entire property was gifted to one Bhubneshwari Prasad Singh Deo by Smt.Charubala Devi. Further, on the death of Bhu...


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial