Kolkata Court November 2013 Judgments
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Qvc International Pvt. Ltd. Vs. Centom Industries Ltd.
Court: Kolkata
Decided on: Nov-20-2013
ORDER SHEET GA No.2751 of 2012 With CS No.324 of 2012 GA No.2752 of 2012 GA No.2820 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE QVC INTERNATIONAL PVT.LTD.Versus CENTOM INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th November, 2013. Appearance: Mr.Anirban Roy, Advocate Mr.Subhasish Sengupta, Advocate Ms.M.Chowdhury, Advocate for the Petitioner Mr.Arif Ali, Advocate Ms.A.De, Advocate for the Respondent. The Court : The defendant, through learned Counsel Mr.Arif Ali and his Advocate-on-record, has admitted the principal claim of the plaintiff of Rs.1,48,01,693.00 The claim arose out of goods sold and delivered by the plaintiff to the defendant. The price became due on or about 31st May, 2012. The plaintiff claims interest at the rate of 18% per annum. I consider this rate to be penal, considering the rate of interest stipulated in the Sale of Goods Act, 1930. Therefore, I reduce the rate of interest to 9% per annum simple inte...
Paulmech Infrastructaure Pt.Ltd. Vs. Ramanuj Singh
Court: Kolkata
Decided on: Nov-20-2013
ORDER SHEET APO175OF2013CP248OF2012IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PAULMECH INFRASTRUCTAURE PT.LTD.Versus RAMANUJ SINGH BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE AND The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : November 20, 2013. For the appellant : Mr.Mukul Lahiri, Mr.A.Lahiri. For the respondent :Mr.Kaustav Chandra Das. The Court: This is an appeal against judgement and order dated May 6, 2013 passed by the Honble single Judge in C.P.No.248 of 2012. The petitioning creditor claimed that Rs.1.18 crore (Rupees one crore and eighteen lakh) only has been due, as on June 15,2009, on account of goods delivered and services rendered under an agreement for conversion of coking coal to beehive hard coke. The company took up a defence that there was an agreement between the petitioning creditor and the company to pay Rs.15,00,000/- (Rupees fifteen lakh) only by the company to the petitioning creditor in full and final settlement of the claim of...
Srimati Surabala Dassi Vs. Sm. Krishna Paul and ors.
Court: Kolkata
Decided on: Nov-20-2013
ORDER SHEET GA NO.994 OF2011WITH CS NO.508 OF1961CC NO.119 OF2011GA NO.1171 OF2010GA NO.2810 OF2011IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SRIMATI SURABALA DASSI Versus SM. KRISHNA PAUL & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th November, 2013. Mr.S.Talukdar, senior advocate, Mr.Tapan Coomar Dey, Mr.D.Basufor defendant no.1[a].[i].to 1[e].Mr.S.K.Mullickfor defendant no.5. The Court : After hearing the learned counsel appearing for the parties, I confirm the order dated 6th July, 2011 of Sanjib Banerjee, J. in GA No.1971 of 2010, GA No.994 of 2011, CS No.508 of 1961 [Srimati Surabala Dassi versus Sm. Ratanmoni Paul & Ors.]., as modified below. The amendments in terms of the said order dated 6th July, 2011 be carried out positively within six weeks of this order. The fifth defendant wants to be transposed as the plaintiff. Considering the fact that the plaintiffs heirs are not showing adequate interest in the matter the fifth defend...
Susanta Kumar Saha Vs. Drm Sealdah Division and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Nov-20-2013
J. Bag, Ld. Member: The present appeal is directed against the Order dated 20.07.2012 of the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas, in C.C. No. 94/2012 whereby Ld. Forum below dismissed the complaint on the question of maintainability. The Complaint case, in brief, was as follows: The Complainant, Shri Susanta Kumar Saha on 26.09.2011 purchased a Sleeper Class Reservation Ticket bearing No. 39334030 (PNR No 2426742374, SL Coach No. S-10, berth No. 62), for his journey on 11.10.11 from Kharagpur to Puri by Train No. 18478, Utkal Kalinga Express . On the date of journey he, having learnt from enquiry counter at Howrah Station, apart from contacting Railway Service Enquiry by dialing 139 that the train would run through Khargapur Station and not from Howrah , went to Khargapur Station at about 8.20 p.m. and met the Station Manager from whom he came to know that Utkal Kalinga Express (Train No. 18478) had not been touching Khargapur Station since May 2010 after ...
Mcleod and Co. Ltd. Vs. Uco Bank
Court: Kolkata
Decided on: Nov-19-2013
1 ORDER SHEET CS No.153 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MCLEOD & Co.LTD.Versus UCO BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th November, 2013. Appearance: Mr.S.Mitra, Adv.Mr.Vivek Jhunjhunwala, Adv.The Court: The suit is appearing at the instance of the plaintiff for correction of the judgment and decree dated 8th October, 2013. It appears that there are few typographical errors in the judgment and order dated 8th October, 2013. In the said judgment, there are some typographical errors with regard to the area under occupation of the Bank. The area under occupation of the bank should be 5238 sq. ft. instead of 5283 sq. ft. and 5800 sq. ft. appearing at the fiRs.page and third page of the judgment. Accordingly the said figures shall be corrected and substituted by 5238 sq. ft. At page eight of the judgment in the 10th line from the top, the decree for the arrear rent shall be from July 2012 to December 2012 instead of D...
Haldia Petrochemicals Limited Vs. Chatterjee Petrochem (Mauritius) Com ...
Court: Kolkata
Decided on: Nov-19-2013
TA No.109 of 2013 CS No.152 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Haldia Petrochemicals Limited Versus Chatterjee Petrochem (Mauritius) Company & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 19th November 2013 Appearance: Mr.Siddhartha Mitra, Sr.Advocate Ms.Moushumi Bhattacharya, Advocate Mr.S.Datta, Advocate for the petitioner Mr.Pratap Chatterjee, Sr.Advocate Mr.Jishnu Saha, Advocate Mr.Aditya Garodia, Advocate Mr.Sayan Roychowdhury, Advocate for the plaintiff Mr.S.K. Kapur, Sr.Advocate Mr.Ravi Kapur, Advocate Mr.Sanjay Ginodia, Advocate For WBIDC Mr.Bimal Chatterjee, Ld. Adv.General Mr.Manoj Mumar, Advocate for Government of West Bengal The Court: The fiRs.and second defendants have taken out this application for the following substantial relief: The order dated 16th May, 2013 passed by this Honble Court in G.A.No.1549 of 2013, C.S.No.152 of 2012 [Haldia Petrochimals LTD.versus Chatterjee Petrochem (Mauritius) Co.& Ors].restraining WBIDC from...
Tv Today Network Ltd. Vs. Phonographic Performance Ltd.
Court: Kolkata
Decided on: Nov-19-2013
ORDER SHEET GA NO.3255 OF2013APOT NO.541 OF2013CS NO.135 OF2013IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TV TODAY NETWORK LTD.Versus PHONOGRAPHIC PERFORMANCE LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ. The Hon'ble JUSTICE DEBANGSU BASAK Date : 19th November, 2013. Mr.Ranjan Bachawat, Advocate Mr.Rudraman Bhattacharya, Advocate Mr.S.K.Bajoria, Advocate Mr.Kanakendu Chatterjee, Advocate Ms.Moumita Sarkar, Advocate for the appellant Mr.Abhrajit Mitra, Advocate Mr.Jishnu Chowdhury, Advocate Mr.Sarvopriya Mukherjee, Advocate Mr.Soumabha Ghose, Advocate for the respondent. The Court : The Radio Stations were initially owned by the Central Government. The Government in their wisdom gave licences to various private sectors to run Radio Stations which are commonly known as FM Radio Stations. The dispute arose as to whether the Radio Stations would be obliged to pay royalty while broadcasting songs recorded and marketed by various music companies. Th...
Kolkata Improvement Trust Vs. Sardarmull Kankaria
Court: Kolkata
Decided on: Nov-19-2013
ORDER SHEET APD No.260 OF2012WITH C.S.No.30 OF2011IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE KOLKATA IMPROVEMENT TRUST -VSSARDARMULL KANKARIA BEFORE THE HONBLE JUSTICE ASHIM KUMAR BANERJEE,ACJ AND THE HONBLE JUSTICE DEBANGSU BASAK DATED : 19.11.2013 Mr.P.S. Basu, Mr.Satyajit Talukdar for The appellant. Mr.Pramit Kr. Ray, Mr.Saunak Ghosh for the respondent. THE COURT : The appeal is directed against a decree dated September 29, 2011. The defendant did not file written statement. In absence of written statement being filed, the learned Judge took up the suit for final hearing and held that the plaintiff had a right to seek decree ex parte, however, subject to proving the case by the plaintiff. Being aggrieved the defendant has preferred the appeal. Mr.P.S. Basu, learned Counsel appearing for the appellant contended, written statement was not filed in view of the pendency of a Special Leave Petition pending before the Honble Supreme Court of India. The decree...
Station Manager, Matangini Group Electric Supply Vs. Dhananjoy Pal and ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Nov-19-2013
Debasis Bhattacharya, Member: This appeal is directed against the judgment dated 28.08.2012 in Case No. 27/2010 passed by the Ld. District Forum, Purba Medinipur. By the impugned judgment, the Ld. District Forum has allowed the case on contest against the OPs and the OPs have been jointly and severally directed to pay Rs.1,00,000/- as compensation along with litigation cost of Rs.5,000/- to the complainant within 45 days from the date of communication of the order, i.d., the complainant is at liberty to execute the order in accordance with law in which case the OPs shall be liable to pay interest over the total awarded amount @8% p.a. from this day till full and final settlement. The case of the Complainant in the petition of complaint is that he is a cultivator in his locality, where the OP No.1 use to supply electricity. OP No.2 being Sub-Agent and Operator of Cable Line used to give cable line connection to different houses through the electric poles of the OP No.1 illegally. On 19....
Shri Ranjit Harijan Vs. Union of India and ors.
Court: Kolkata
Decided on: Nov-18-2013
ORDER SHEET W.P.NO.1773 OF1991IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHRI RANJIT HARIJAN Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date : 18th November, 2013. MR.TAPAN CHAKRABORTY, MS.BHARATI GHOSH(DUTTA).ADVOCATES FOR PETITIONER MR.PARTHA SARATHI BOSE, Sr.ADVOCATE, MS.CHAITALI BHATTACHARYYA, ADVOCATES FOR RAILWAYS The Court : Mr.Chakraborty, learned counsel for the writ petitioner submits that a disciplinary proceedings was drawn against the writ petitioner. He was issued a show cause notice. He replied to it. Enquiry Authority discharged him from the charge of theft. However, the disciplinary authority differed. There was no reason for such difference. The writ petitioner moved this Honble Court. This Court directed the authority to issue fresh second show-cause notice. Accordingly, fresh show-cause notice was issued. The disciplinary authority was given opportunity of hearing to the petitioner. Order of rem...
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