Kolkata Court November 2013 Judgments
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The Branch Manager, Iffco Tokio General Insurance Co. Ltd. and Another ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Nov-29-2013
J. Bag, Ld. Member: The present appeal is directed against the Order dated 08.10.12 of the Ld. Consumer Disputes Redressal Forum, Unit- 1 , Kolkata , CDF/Unit-I / Case No. 37/2011 whereby Ld. Forum below allowed the complaint against OPs with cost. The complaint case, in brief, was as follows: The Complainant Sri Sanjoy Jaiswal being the owner of a two-wheeler vehicle bearing the registration mark WB-01Y/0952 took an insurance policy from the OP insurance company namely, IFCO Tokiyo General Insurance Company Ltd. w.e.f 20.03.2008 to midnight of 20.03.2009 with yearly premium for Rs. 887/- over the risk coverage of the said vehicle valued at Rs. 33,000/- (Thirty three thousand ) only . The vehicle was damaged by fire on 14.03.2009 when it was parked in the factory premises of the Complainant at 114, Princep street, Dyna market, Kolkata . The incident of damage was intimated to the OP insurance company and claim was lodged. The local Police Station was informed on 18.03.2009 and 19.03.20...
Leonard Exports Vs. Central Inland Water Transport Corporation Ltd.
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET GA No.2191 of 2013 With CS408of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LEONARD EXPORTS Versus CENTRAL INLAND WATER TRANSPORT CORPORATION LTD.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 28th November, 2013. Appearance: Mr.S.Roychowdhury, Adv.Mr.A.K.Jana, Adv.for the defendant/petitioner Mr.A.Mitra, Adv.Ms.N.Adhya, Adv.for the respondent/plaintiff. The Court : By an order dated 12th August, 2013, this Court had appointed a Receiver for selling 1500 MT of fly ash lying on two several dumb barges belonging to the defendant. The Receiver files a report in Court today which is kept on record. The sale has been effected by the Receiver and the purchaser has handed over to the Receiver two cheques for Rs.10,000/- and Rs.65,000/respectively aggregating Rs.75,000/-. The Receiver has already opened an account with the United Bank of India, High Court Branch and he shall deposit the said two cheques in the said account. By its lette...
Uco Bank Vs. Lalan Singh and ors.
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET GA No.3094 of 2013 APOT No.498 of 2013 With WP No.32 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction UCO BANK Versus LALAN SINGH & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ The Hon'ble JUSTICE DEBANGSU BASAK Date : 28th November, 2013. ` Mr.Soumya Majumdar, Mr.Soumen Das, Mr.Sourjya Roy for the appellant. Mr.Chinmoy Pal, Ms.Anee Ray, Mr.Anirban Sen for the respondent no.1. The Court : The respondent no.1 Lalan Singh was a personal driver of the Executive Director of the UCO Bank posted at Head Office, Kolkata. The respondent no.1 filed a writ petition complaining of non consideration of his prayer for regularisation. The fact would depict, he was engaged in 1989 as the personal driver of the then Executive Director. However, whoever would come to the post of Executive Director, he was engaged as his personal driver. The payment of salary was made by the Executive Director after drawing the car allowance from the bank. The respondent would,...
independent Journalist Society Vs. the State of West Bengal
Court: Kolkata
Decided on: Nov-28-2013
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Acting Chief Justice Ashim Kumar Banerjee And The Honble Mr.Justice Debangsu Basak W.P.No.104 of 2010 G.A.No.2430 of 2010 G.A.No.2432 of 2010 G.A.No.2543 of 2010 G.A.No.2542 of 2010 G.A.No.3096 of 2010 G.A.No.1342 of 2011 C.C.No.93 of 2011 Independent Journalist Society versus The state of West Bengal For the Petitioner : Mr.Pramit Kumar Ray, Advocate Mr.Kaushik Chatterjee, Advocate Mr.Rajib Mullick, Advocate For the State :Mr.Tapan Kumar Mukherjee, Additional Government Pleader Mr.Bikash Kumar Mukherjee, Advocate For the Ambootia Tea Group Exports Private Limited Advocate : Mr.Jayanta Kumar Mitra, Senior Mr.Jaydip Kar, Advocate For Jaldacca Tea Plantation Private Limited : Mr.Utpal Bose, Advocate For the Workers Union : Mr.Arunava Ghosh, Advocate Mr.Kishore Dutta, Advocate For the Tea Board : Mr.Arunava Sarkar, Advocate Mr.Pradyut Kumar Das, Advocate Heard on : November 20, 2013...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-28-2013
CA No.521 of 2013 CA No.506 of 2013 CP No.560 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of :MAHESHWARY ISPAT LTD.And TATA CAPITAL FINANCIAL SEREVICES LTD.Appearance Mr.Jishnu Chowdhury, Adv.Ms.R.Kajaria, Adv.Mr.Soumabho Ghosh, Adv.Company Mr.Tilak Bose, Sr.Adv.Ms.Manju Bhuteria, Adv.Petitioning-Creditor BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 28th November, 2013. The Court : Since the entire defaulted amount till the month of November, 2013 has now been paid off by the company to the petitioningcreditor, the order passed appointing the Official Liquidator as the Provisional Liquidator is recalled. There will, however, be an injunction restraining the company, whether by itself or by its servants or agents or otherwise howsoever from dealing with or disposing of or alienating any of its fixed assets in any manner whatsoever without the previous leave of Court. The company should also pay a sum of Rs.30,000/- on account of interest for the delay...
Haldia Petrochemicals Limited Vs. Chatterjee Petrochem [Mauritius] Com ...
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET GA NO.3399 OF2013WITH CS NO.152 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HALDIA PETROCHEMICALS LIMITED Versus CHATTERJEE PETROCHEM [MAURITIUS].COMPANY & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th November, 2013. Mr.S.Mitra, senior advocate, Ms.M.Bhattacharya, Mr.S.Duttaappear. Mr.P.Chatterjee, senior advocate, Mr.J.Saha, Mr.A.Garodia, Mr.S.Roychowdhuryappear. Mr.S.K.Kapur, senior advocate, Mr.R.Kapur, Mr.S.Ginodiaappear. Mr.B.Chatterjee, senior advocate, Learned Advocate General, Mr.M.Kumarappear. The Court : The fiRs.and second defendants have taken out this application. The following relief claimed in it is of great importance : The order dated 16th May, 2013 passed by this Honble Court in GA No.1549 of 2013, CS No.152 of 2012 [Haldia Petrochemicals LTD.versus Chatterjee Petrochem [Mauritius].Co.& Ors.].restraining WBIDC from selling or otherwise dealing with the 155 million shares be suitably extended until furth...
Virendra Kumar Agarwala and ors. Vs. Shree Shree Sitaram Jew and ors.
Court: Kolkata
Decided on: Nov-28-2013
1 ORDER SHEET APO No.149 of 2013 CS No.459 of 1987 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE VIRENDRA KUMAR AGARWALA & ORS.Versus SHREE SHREE SITARAM JEW & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 28th November, 2013. Appearance: Mr.Ranjit Kr. Jaiswal,ld. Advocate for the appellant. Mr.Arnab Sardar with Mr.Sandip Gupta, ld. Advocates for respondent no.1. The calls, Court respondent-plaintiff :- is Despite not present. repeated Learned Counsel Mr.Arnab Sardar appears for defendant no.1. The facts would depict, the appellant filed an application for addition of party in a partition suit. When the application was pending, the suit was dismissed for default. Subsequently, the application appeared and the application event, when was the also suit dismissed was for dismissed, default. the could not have been disposed of otherwise. In any application Subsequently, the suit was restored but not the ap...
Nathany Charitable Trust Vs. Sri Krishna Kumar Nathany and ors.
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET A.C.R.6 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE NATHANY CHARITABLE TRUST Versus Sr.KRISHNA KUMAR NATHANY & ORS.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date: 28th November, 2013. Appearance: Ms.Usha Doshi, Adv.The Court: This is an application under Section 7 of the Charitable and Religious Trusts Act, 1920. The Trust has several properties all over India. The Trustees seek leave of this Court for sale of two of the properties situate at Pupri, District Sitamarhi in the District Bihar and at Muzzaffarpur also in the District Bihar, on the ground that these properties have become a liability of the Trust and are unused for several yeaRs.It is stated on behalf of the Trustees that the proceedings of sale of these two properties can be utilized for repairing, renovation and up keeping of the other properties of the Trust. The Trustees passed a resolution for sale of the said two properties on 3rd August, 2012 and a copy there...
M/S. Anandilal Narendra Kumar Vs. M/S. Bandari Lal Pasari and ors.
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO342OF2013CS142OF2001M/S.ANANDILAL NARENDRA KUMAR Versus M/S.BANDARI LAL PASARI AND ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ. The Hon'ble JUSTICE DEBANGSU BASAK Date : 28th November, 2013. Appearance : Mr.Suman Dutta, Adv.Mr.Debmalya Ghosal, Adv.Mr.Sarosij Das, Adv.Mr.S.C.Bose, Adv.for the appellant. Mr.Jishnu Choudhury, Adv.Mr.S.Mukherjee, Adv. for the respondent. The Court : The respondent filed the suit in 2001 inter alia claiming recovery of possession. The respondent/plaintiff alleged, defendant No.1 was a licensee under them. The defendant No.1 unauthorisedly parted with possession and the other defendants came in possession illegally. The time to file written statement by the defendant No.1 expired in 2002. Even after fiRs.extension they did not file written statement. In 2013 the defendant No.1 applied for extension of time to file written statement. The application was delay...
Commissioner of Incoeme Tax, Kolkata I, Kolkata Vs. M/S. Neo Machine M ...
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET G.A.No.2588 of 2013 ITAT145of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) ORIGINAL SIDE COMMISSIONER OF INCOEME TAX, KOLKATA -I, KOLKATA Versus M/S.NEO MACHINE MF. Co.PVT.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 28th November, 2013. Appearance: Ms.Mamata Bhargav,Advocate for appellant. Mr.Avratosh Majumder,Advocate Mr.Avra Mazumder,Advocate Mr.Soumitra Mookherjee,Advocate. for respondents. The Court : The appeal is directed against the judgement and order dated 10th April, 2013 passed by the Income Tax Appellate Tribunal. The facts and circumstances briefly stated are as follows : The Assessing Officer in exercise of power under section 40A(2) of the Income Tax Act disallowed expenditure incurred by the company in payment of salary to three directors on the ground that the amount of salary paid to those three directors was much in excess than the salary paid to fourth director. The assessee pre...
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