Kolkata Court December 2013 Judgments
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Saraf Projects Pvt. Ltd. Vs. Rawalwasia Tubes Pvt. Ltd.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET APO No.331 of 2013 with CS No.299 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction SARAF PROJECTS PVT.LTD.Versus RAWALWASIA TUBES PVT.LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th December, 2013. Mr.Surajit Nath Mitra, Sr.Advocate, Mr.Arindam Mukherjee, Mr.Deepak Kr.Jain for the appellant. Mr.Suman Dutt for the respondent. The Court : The parties agreed for a joint venture for promotion of a property. The appellant would contend, they were in possession of a part of the property. However, they were wrongfully dispossessed giving rise to a litigation. The learned Single Judge initially passed an order appointing Joint Special Officers to go and inspect the building and submit a report. His Lordship also passed an order of injunction restraining creation of any third party interest. Accordingly, Joint Special Officers submitted report. On the returnable date it transpired that the property had already been transferre...
J.K.Sons Jute Co. Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1181OF2013J.K.SONS JUTE Co.PVT.LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of...
Shivani Properties Pvt. Ltd. Vs. United Bank of India
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET APD No.304 of 2013 With CS No.31 of 1998 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction SHIVANI PROPERTIES PVT.LTD.Versus UNITED BANK OF INDIA BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th December, 2013. Mr.Ahin Chowdhury, Sr.Advocate, Mr.Sabyasachi Chowdhury, Mr.Anil Dhar, Mr.Avinash Kankani, Mr.S.Huda for the appellant. Mr.P.S. Bose, Sr.Advocate, Mr.Subrata Dutta for the respondent. The Court : We have heard the appeal on the last occasion as well as today. The dispute would relate to a tenancy next to High Court. The appellant is the landlord whereas United Bank of India is a tenant running one of its branch from premises no.5, Kiran Shankar Roy Road, Kolkata belonging to the appellant. The suit would relate to fixation of rent as the parties could not agree to the same. There were rival contentions on the issue. Learned Judge by His Lordships elaborate judgment and decree dated May 14, 2013 appearing at pages 215-259 of...
Smt. Chandrima Chatterjee and ors. Vs. Kolkata Municipal Corporation a ...
Court: Kolkata
Decided on: Dec-11-2013
ORDER WP No.571 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction SMT. CHANDRIMA CHATTERJEE AND ORS.Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 11th December 2013. Appearance: Mr.Biswanath Mitra, Advocate. Mr.Pranab Dutt, Advocate. Ms.Iti Dutta, Advocate. Court: The application for mutation and separation has been kept in abeyance by the Kolkata Municipal Corporation on the plea that some of the co-sharers have filed an application for review of the final decree passed in a partition suit. The dispute emanates from a partition suit being TS No.651 of 1994 (Sr.Bhattacharjee Bholanath & Anr.) Mukherjee instituted & before ORS.the versus Sr.learned Sudipta Judge in Charge of 7th Bench, City Civil Court, Calcutta in respect of 72, Sisir Bhaduri Sarani, Kolkata 700 006. In the said suit a final decree has been passed on 10th August 2011 apportioning respective portions of the premises in favour of the parties. However, a re...
C.K.Plastics Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1197OF2013C.K.PLASTICS PVT.LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of int...
Srianand Heemghar Pvt Ltd and ors. Vs. West Bengal State Financial Cor ...
Court: Kolkata
Decided on: Dec-11-2013
WP No.1175 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SRIANAND HEEMGHAR PVT LTD AND ORS.Versus WEST BENGAL STATE FINANCIAL CORPORATION LTD.AND ORS Appearance Mr.Saptangsu Basu, Sr.Adv.Ms.Mitul Chakraborty, Adv.Mr.Suman Dutta, Adv.Mr.A.K.Sur, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 11th December, 2013. The Court : In view of the fair stand taken by the parties, particularly, by the West Bengal Financial Corporation, the following order is passed on consent. It is made clear that the observation at the end of the order is not passed on consent.1. The property will be valued by the Financial Corporation upon notice to the petitioners such that the petitioners are able to present the petitioners version of valuation before the valuer appointed by the Financial Corporation. The valuer should submit the valuation report to the Financial Corporation by December 26, 2013, with a copy to the petitioneRs.2. Upon the valuation report being ...
Vishnu Cotton Mills Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1179OF2013VISHNU COTTON MILLS LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of ...
Nirmal Kumar Kanoi Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1196OF2013NIRMAL KUMAR KANOI Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. Mr.Piyal Gupta, Advocate ..for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of inter...
Tarini Financial Advisory Ltd. and anr. Vs. Krishna Dhar and anr.
Court: Kolkata
Decided on: Dec-11-2013
TA No.123 of 2013 with T. No.317 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Tarini Financial Advisory LTD.& Anr. Versus Krishna Dhar & Anr. Before The Honble Justice I.P.MUKERJ.Date: 11th December 2013 Appearance: Mr.Sakya Sen, Advocate Mr.Aniruddh Poddar, Advocate Mr.Anurag Banerjee, Advocate Mr.Touseef Khan, Advocate for the plaintiffs/petitioners The Court: I direct the Advocate-on-Record for the plaintiff to serve a copy of this application along with the necessary notice upon the defendant. List this application as New Motion on 17th December 2013. The prima facie case made out by the plaintiffs is that they are in possession of a 2000 sq.ft. area on the eastern side, a 1150 sq.ft. area on the western side, 550 sq.ft. car parking space for parking four cars on the ground floor and 800 sq.ft. area on the north western side of the fiRs.floor of premises No.6, Wood Street, Kolkata. The plaintiffs are engaged in a joint venture business with the tenants...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction ORIGINAL SIDE CA No.50 of 2013 WITH CP No.261 of 2002 JENSONS NICHOLSON FINANCE SERVICE LTD.(IN LIQN.) -ANDTHE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA Appearance : Mr.Rajeev Kr. Jain, Adv., Mr.Rahul Ginodia, Adv.for Item No.67 Mr.D.Basu, Advocate, Ms.Sunita Das, Advocate, Official Liquidator in Item No.64 BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. The Court: This is an application at the instance of accused No.2 for dropping and discharging from the misfeasance proceedings. It is categorically averred in the affidavit filed in support of the Judges Summons that the applicant was never appointed as Director in the company (in liquidation) nor have any nexus and/or connection therewith. It is further contended that the applicant never held any shares in the company (in liquidation) and the father name, age and the date of birth is wrongly recorded therein. It is submitted on behalf of appli...
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