Kolkata Court November 2013 Judgments
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L and T Finance Ltd. Vs. Md. Kalim and anr.
Court: Kolkata
Decided on: Nov-26-2013
ORDER SHEET EC No.333 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus Md.KALIM & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th November, 2013. Appearance : Mr.Paritosh Sinha, Adv.The Court : The Joint ReceiveRs.after making all reasonable attempts, have received an offer for Rs.2.70 lakhs- from Om Prakash Pandey, 5/12, B.T.Road, Kolkata 700 002 for the sale of the vehicle in question. Receivers are to file a report to this effect immediately if not filed. In those circumstances leave is granted to the Joint Receivers to conclude the sale at the above price in favour of the Om Prakash Pandey within four weeks of communication of this order. Possession of the vehicle will only be delivered to the purchaser upon receipt of the balance purchase price, to be paid by the purchaser directly to the decree holder within three weeks. The earnest money of Rs.10,000/- is to be encashed by the Joint Receivers upon conclusion...
NazimuddIn Khan Vs. Lloyd Insulations (India) Ltd
Court: Kolkata
Decided on: Nov-26-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE G.A.No.3300 OF2013WITH E.C.No.467 OF2013NAZIMUDDIN KHAN Versus LLOYD INSULATIONS (INDIA) LTD BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th November, 2013. Mr.Avrajit Mitra, Adv.Mr.Anirban Roy, Adv......for the applicant Mr.P.K.Ghosh, Sr.Adv.Mr.Bani Israil, Adv......for the respondent/decree-holder The Court : Upon hearing learned counsel for the parties, the following order is passed; a) The award debtor will deposit, within ten days from date, a sum of Rs.68 lakhs with the Registrar, Original Side. He will invest the same in a term deposit, earning the highest rate of interest not exceeding one year, with the State Bank of India, High Court Branch, Kolkata. He will keep the same renewed from time to time until orders to the contrary are passed by this Court. b) Upon receipt of the above sum of money, the Registrar, Original Side will certify to this effect to the advocate-on-record for th...
Academy of Fine Arts and ors. Vs. Jahar Dasgupta and ors.
Court: Kolkata
Decided on: Nov-25-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE G.A.No.3238 OF2013AND GA NO.3156 OF2012WITH CS NO.385 OF2012ACADEMY OF FINE ARTS & ORS.Versus JAHAR DASGUPTA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th November, 2013. Mr.Bhaskar Sen, senior advocate, Mr.K.Jhaappear. Mr.A.Roy, Ms.S.Basu Mullickappear. Mr.D.Bhattacharya, Md.Jair Rahamanappear. Mr.J.Kar, Mr.S.Ghoshappear. The Court : One member of the Academy of Fine Arts represented by Mr.Bhaskar Sen, learned senior advocate has made this application (G.A.No.3238 of 2013).There is no dispute that according to the existing orders of this Court the Joint Special Officers have prepared an electoral roll. But the complaint is this. Nine persons have been included in this electoral roll, by the Joint Special OfficeRs.exercising powers under Clause / Rule 12 of the Memorandum of Association and Rules & Regulations of the Academy of Fine Arts, Calcutta. Rule 12 is thus: Every member whose...
Magma Fincorp Ltd. Vs. Sayad Fahim and ors.
Court: Kolkata
Decided on: Nov-25-2013
ORDER SHEET GA NO.2326 OF2013WITH CS NO.32 OF2013GA NO.328 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus SAYAD FAHIM AND ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th November, 2013. Mr.S.Sen, Mr.K.K.Pandeyfor applicant. The Court : A sum of about Rs.11 lacs is in the hands of the Receiver. This has been collected by her from International Tractors Ltd., which owed this sum to the fifth defendant. The prima facie case was discussed in my order dated 28th January, 2013. An affidavit of service is on record. None appears for the fiRs.to fifth defendants. In fact, they have at no point of time appeared before this Court. In those circumstances, there appears to be no defence of the defendants to an order directing transfer of the sum of Rs.11 lacs to the plaintiff. In those circumstances, this application [GA No.328 of 2013].is disposed of by directing the Receiver to retain out of the said sum of Rs.11 lacs and o...
Smt. Swapna Bhattacharjee Vs. Sambhunath Dutta and ors.
Court: Kolkata
Decided on: Nov-25-2013
ORDER SHEET GA No.1663 of 2012 CS No.229 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. SWAPNA BHATTACHARJEE Versus SAMBHUNATH DUTTA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th November, 2013. Appearance: Mr.Pradyot Kumar Nandi, Advocate Mr.Somnath Nag, Advocate Mr.Rabi Prosad Mookerjee, Advocate The Court: The Commissioner of Partition, Mr.Rabi Prosad Mookerjee, has filed a final report in terms of the order dated 7th October, 2013. I record that all along only the plaintiff is appearing. The defendants have stayed away from the Court. It is submitted on behalf of the plaintiff that the shares of the parties have been declared by the preliminary decree, which has not been challenged by any party. Hence, I pass a final decree in this partition and administration suit in terms of prayer (b) of the plaint read with the allotment made by the Commissioner of Partition in the report filed in Court today. I direct the plaintiff to p...
Srei Equipments Finance Pvt. Ltd. Vs. Mrs. Champa Taring and anr.
Court: Kolkata
Decided on: Nov-25-2013
AP No.562 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENTS FINANCE PVT.LTD.-VersusMRS.CHAMPA TARING & ANR. Appearance: Mr.Utpal Bose, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : November 25, 2013. The Court : The respondents are not represented despite previous service. The petitioner seeks confirmation of the sale of an asset for which an offer of Rs.12 lakh has been received though the asset cost about Rs.46 lakh when it was acquired in the year 2011. The petitioner says that the respondents have not taken any interest in the matter and though the respondents have been informed of the offer, they are not represented. AP No.562 of 2012 is disposed of by confirming the sale of the excavator at Rs.12 lakh in favour of Pankaj Bajoria, C/o. Vishnu Lohia, G-15, 3rd floor, Purbachal Housing Estate, Cluster 9, Salt Lake City, Kolkata, subject to the entire consideration being paid to the receiver within ...
Commissioner of Income Tax, West Bengaliii, Calcutta Vs. East India Ho ...
Court: Kolkata
Decided on: Nov-25-2013
ORDER SHEET ITA No.173 of 1999 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, WEST BENGAL-III, CALCUTTA Versus EAST INDIA HOTELS LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 25th November, 2013. Mr.M.K.Agarwal, Advocate for the Appellant Mr.Siddhartha Das,Adv.for the Respondent The Court : The fiRs.question involved in the appeal is as follows: Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in law in allowing depreciation pertaining to the hotel building as a plant. The aforesaid question is now covered by the judgment of the Supreme Court in the case of CIT versus Anand Theatres reported in 244 ITR192wherein the question was answered in favour of the Revenue by the following words: Hence, the question is answered in favour of the Revenue and against the assessee by holding that building which is used as a hotel or a...
Anil Kumar Sen Vs. Ramaniranjan Kajaria and ors
Court: Kolkata
Decided on: Nov-25-2013
1 ORDER SHEET APO No.310 of 2013 CS No.688 of 1982 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ANIL KUMAR SEN Versus RAMANIRANJAN KAJARIA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th November, 2013. Appearance: Mr.Pramit Ray, Mr.Saunak Ghosh And Mr.Rajib Mallick, ld. Advocates For the appellant. Mr.Sabyasachi Chowdhury with Mr.Sudip Das Ld. Advocates for the respondent. The Court :- This appeal would involve an ad-interim order of stay of hearing of the suit at the instance of the defendant. The facts would depict, an application for amendment was allowed exparte. The appellant would contend, the respondent did not appear. Per contra, according to the respondent, the matter was directed to go out of the list. Hence, they did not keep watch. The respondent filed an application for recall. The learned Judge gave direction for filing affidavits, at the same time stayed the hearing of the suit t...
Rakesh Singh Vs. Mrs. Haimanti Banerjee (Basu) and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Nov-25-2013
Kalidas Mukherjee, President: This revisional application is directed against the order no.11 dated 20/03/13 passed by Learned District Forum, Alipore, South 24-Parganas in CC 258 of 2012. The OP of the petition of complaint filed a petition challenging the maintainability of the complaint case on the ground that on the self-same cause of action and for the same relief the previous case bearing no.CC 133 of 2012 was filed which was dismissed for want of pecuniary jurisdiction, but thereafter the instant complaint bearing no.258 of 2012 was filed. The Learned District Forum after hearing both the parties rejected the petition. The Learned Counsel for the petitioner has submitted that the filing of a fresh complaint on the same cause of action is barred under the law. It is contended that the previous complaint bearing no.CC 133 of 2012 was dismissed for want of pecuniary jurisdiction with the direction upon the complainant to file the complaint before the proper Forum, but the complaina...
Anil Kumar Sen Vs. Ramaniranjan Kajaria and ors
Court: Kolkata
Decided on: Nov-23-2013
1 ORDER SHEET APO No.310 of 2013 CS No.688 of 1982 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ANIL KUMAR SEN Versus RAMANIRANJAN KAJARIA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 23rd November, 2013. Appearance: Mr.Pramit Ray, Mr.Saunak Ghosh And Mr.Rajib Mallick, ld. Advocates For the appellant. Mr.Sabyasachi Chowdhury with Mr.Sudip Das Ld. Advocates for the respondent. The Court :- This appeal would involve an ad-interim order of stay of hearing of the suit at the instance of the defendant. The facts would depict, an application for amendment was allowed exparte. The appellant would contend, the respondent did not appear. Per contra, according to the respondent, the matter was directed to go out of the list. Hence, they did not keep watch. The respondent filed an application for recall. The learned Judge gave direction for filing affidavits, at the same time stayed the hearing of the suit t...
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