Kolkata Court November 2013 Judgments
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Habli Das and ors. Vs. Kedar Nath Das and ors.
Court: Kolkata
Decided on: Nov-18-2013
ORDER SHEET APD No.277 of 2013 -withCS No.429 of 1990 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HABLI DAS & ORS.Versus KEDAR NATH DAS & ORS.BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 18th November, 2013. Appearance : Mr.Prabal Kumar Mukherjee, Advocate. Mr.Basanta Kumar Sen, Advocate. Mr.D.Banerjee, Advocate. Mr.S.Sen, Advocate. for the appellants. Mr.Rudra Narayan Choudhuri, Advocate. Mr.Tanmoy Chakraborty, Advocate. Mr.C.Dutta, Advocate. for the plaintiff/respdt. No.1 The Court : This appeal is directed against a judgment and final decree dated June 17, 2013 passed in GA No.1960 of 2011 arising out of Partition and Administration Suit No.429 of 1990. By virtue of the impugned judgment and decree, the learned Single Judge held, inter alia, that the legal heirs of Late Jawaharlal Das would not get more than the other shareholders in the suit property bearing Premises No.16, Siddheswar Chandra Lane, Kolkat...
Monoranjan Roy Vs. Hdfc Bank Ltd. and anr.
Court: Kolkata
Decided on: Nov-18-2013
GA No.3002 of 2013 With CS No.351 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE MONORANJAN ROY VERSUS HDFC BANK LTD.& ANR. PRESENT : THE HON'BLE JUSTICE I.P.MUKERJI. DATE : 18.11.2013. Appearance Mr.S.N.Mookerjee Sr.Adv.Mr.Abhrajit Mitra, Adv.Mr.Anirban Roy, Adv.Mr.S.Ghosh, Adv..for the petitioner. Mr.S.S.Banerjee, Adv.Mr.Chayan Gupta, Adv.Mr.P.Garai, Adv..for the respondents. The Court: One Monoranjan Roy is the plaintiff/petitioner in this application. The only relief he claims in the suit and in this interim application is that he was not at any point of time a director of the second defendant Maatara Traders and Finance Private Limited. Proceedings have been instituted by HDFC Bank LTD.the fiRs.defendant against inter alia the plaintiff describing him as a director of the second defendant. An interim order, which was passed in the interim application on 26th September, 2013 was to the effect that the plaintiff would not be referred to as a...
M/S. Safcon Seals Pvt. Ltd. and anr. Vs. West Bengal State Electricity ...
Court: Kolkata
Decided on: Nov-18-2013
WP No.962 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction M/S.SAFCo.SEALS PVT.LTD.& ANR. Versus WEST BENGAL STATE ELECTRICITY DISTRIBUTION Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th November, 2013. Appearance: Mr.Pradip Kr. Tarafdar, Adv.Mr.Sombuddha Dutta, Adv.for the petitioners Mr.Bhaskar Mitra, Adv.Mr.P.Das, Adv.for the respondents The Court : The grievance of the petitioners pertains to a show-cause notice of August 27, 2013 to which the petitioners have already furnished a reply. The show-cause notice required the petitioners to explain why the petitioners should not, in effect, be black-listed. It is submitted by the distribution company that no decision has been taken following the receipt of the petitioners reply to the show-cause notice in view of the pendency of the present petition. Since the petitioners do not meet the high test required to challenge a show-cause notice, the grievance appears to be premature. Further, since ...
Sri Parbati Das Mitra Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Nov-18-2013
ORDER SHEET APOT No.64 of 2013 GA No.410 of 2013 With WP No.964 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Sr.PARBATI DAS MITRA Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE, ACJ The Hon'ble JUSTICE DEBANGSU BASAK Date : 18th November, 2013. Mr.Partha Ghosh for the appellant. Mr.Pradip Kr. Dutt, Sr.Advocate for the respondents. The Court : The appellant suffered a disciplinary proceeding. He challenged the order of dismissal as well as forfeiture of his gratuity. His Lordship partly allowed the writ petition. Although His Lordship did not interfere with the order of dismissal, His Lordship held as follows: The amount liable to be forfeited would be only to the extent of damage or loss caused. The quantification of the loss assessed by the disciplinary authority is not sacrosanct. If the petitioner is aggrieved, the petitioner can challenge the same before the controlling authority appointed under the Gratuity Act. This Court feels ...
integrated Equipment and Infra Services Pvt. Ltd. Vs. Dena Bank
Court: Kolkata
Decided on: Nov-18-2013
ORDER SHEET GA No.3010 OF2013CS353OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INTEGRATED EQUIPMENT & INFRA SERVICES PVT.LTD.Versus DENA BANK BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th November, 2013. Appearance : Mr.S.N. Mookherjee, Sr.Adv.Mr.Ratnanko Banerjee, Adv.Ms.Sudipa Bhattacharyya, Adv. for the Respondent Mr.Joy Saha, Adv.Mr.R.C.Pusti, Adv.Ms.Amrita Pandey, Adv. for item No.12, Dena Bank. The Court : The prima facie case of the parties was discussed in some detail in the order dated 27th September 2013 of Patherya, J. Now I will deal with the submissions made today. The plaintiff was and still is receiving loan of substantial sums of money from a consortium of banks comprising of inter alia UCO Bank and Dena Bank. Dena Bank has stopped advancing loan for the last few months. In the agreements UCO Bank is described as the lead banker. Mr.Mookherjee, learned senior advocate argued that the plaintiff was subjected to two forensic ...
Bichitra Kumar Chakraborty Vs. Goutam Ghosh and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Nov-18-2013
Kalidas Mukherjee, President: This appeal u/s 27A of the C. P. Act, 1986 is directed against the order dated Novermber 2, 2012 passed by Learned District Forum, Howrah in Execution Case No.20 of 2010 issuing warrant of arrest against the OP. The complaint case bearing no.105 of 2009 was allowed by the Learned District Forum with the direction upon the OPs jointly and severally to complete the flat within 6 months and deliver possession to the complainant and also to execute and register the deed of sale in respect of Schedule-B, alternatively, the OPs were directed to refund the sum of Rs.6,03,111/- being the earnest money and pre-EMI charges of the bank already paid by the complainant in case the complainant fails to get an order for execution and registration of the sale deed. The OPs were further directed to pay compensation of Rs.1 lakh for mental agony and Rs.2,000/- as litigation cost within one month from the date of order, in default the amount will carry interest @ 8% p.a. til...
State of West Bengal Andors Vs. Pradyot Das and ors
Court: Kolkata
Decided on: Nov-13-2013
1 ORDER SHEET GA No.3170 of 2013 GA No.3171 of 2013 APOT No.529 of 2013 WP No.556 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE STATE OF WEST BENGAL &ORS Versus PRADYOT DAS & ORS BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 13th November, 2013. Appearance;Joytosh Majumder with Ms.Debjani Roy Ld. Advocates for the appellant. Mr.Sougata Bhattacharjee with Mr.Sumit K. Roy, ld. Advocates for Respondent no.1. Mr.Ritwik Pattanayak,learned Advocate For respondent Nos.3 and 4. The Court :- The appeal is barred by 318 days. Causes being sufficient, delay is condoned. The appeal is taken up for hearing. The respondent no.1 was an honours graduate. Yet he competed for the post of English teacher (Pass Category).He was accordingly Institution, selected Jhargram, and Paschim posted in Medinipore. Kumud Kumar The School authority wrongly took his service for teaching Class XI and XII students on the plea, there...
W. B. Essential Commodities Supply Corporation Ltd and ors Vs. Md. Moh ...
Court: Kolkata
Decided on: Nov-13-2013
1 ORDER SHEET GA No.2682 of 2013 APOT No.426 of 2013 WP No.875 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE W.B.ESSENTIAL COMMODITIES SUPPLY CORPORATION LTD AND ORS Versus Md.MOHIDUR RAHAMAN BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE, The Hon'ble JUSTICE DEBANGSU BASAK Date : 13th November, 2013. Appearance: Mr.Sanjoy Saha, ld. Advocate For the appellant. Mr.Arabinda Chatterjee, ld. Advocate For the respondent. The Court :- The fact would depict, the respondent category. He applied for participated the in subject the post selection in OBC A process by appearing at the selection test where he got 32 out of 80. He got 6 out of 20 in the interview. consider candidate him for in such the post, category. The authority did not although The he authority was the rejected sole his candidature on the ground, he could not qualify for the post as his total marks obtained was 38. The authority applied the exception clause and appointed someone els...
Ms. Chitrarekha Sharma Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Nov-13-2013
W.P.No.666 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE Ms.CHITRAREKHA SHARMA VERSUS KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE : THE HONBLE JUSTICE SOUMEN SEN DATE : 13TH NOVEMBER,2013. For the petitioner : Mr.Sakya Sen,Advocate Ms.Debaleena Bhattacharyya,Advocate For the private respondent : Mr.J.R.Chatterjee,Sr.Advocate Mr.Kaushik Dey,Advocate For the Respondent Nos.1 to 4 : Mr.Amlesh Roy,Advocate Mr.Sujoy Mondal,Advocate For the State : Ms.Sipra Majumdar,Advocate Ms.Susmita Biswas Chowdhury,Advocate THE COURT :-In this writ petition the petitioner has challenged the order of demolition passed by the Municipal Commissioner in exercise of power under Section 411 of the Kolkata Municipal Corporation Act,1980. The petitioner himself has admitted in this writ petition that the said building is in a dilapidated condition and had due notice of the proceeding initiated by the Corporation in the year 2009. The petitioner states that since all the co-owners did not consent to the repa...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-13-2013
1 ORDER SHEET C.A. No.397 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: MANAKSIA LTD. & ORS. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :13. h November, 2013. Appearance : Mr. Utpal Bose, Adv. for the Petitioners Ms. Husnara Begum, Adv. for Central Govt. The Court : That a separate meeting of the holders of the Equity Shares in MANAKSIA LIMITED (hereinafter referred to as the Transferor Company) shall be convened and held at Bhasa Bhawan, National Library Auditorium, at Belvedere Road, Kolkata-700 027 on Tuesday the 7th day of January 2014 at 3.00 P.M. for the purpose of considering, and if thought fit, approving, with or without modification, a Scheme of Arrangement between the applicant companies and their respective equity shareholders for the demerger of Aluminium Undertaking, Steel Undertaking, CMMC Undertaking and Packaging Undertaking of the Transferor Company to the applicant nos.2, 3, 4 and 5 respectively. The said Scheme bei...
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