Kolkata Court December 2013 Judgments
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Land and Bricks and Entertainments Ltd. and anr. Vs. K.M.C. and ors.
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET WP887OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE LAND AND BRICKS AND ENTERTAINMENTS LTD.AND ANR. Versus K.M.C.AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th December, 2013. Mr.Sakya Sen, Adv., with Mr.A.Banerjee, Adv., Mr.S.Sarkar, Adv., for petitioneRs.Mr.A.K.Banerjee, Ld. Govt. Pleader, Mr.B.Banerjee, Adv., Mr.D.Mondal, Adv., for respondents. The Court : Without prejudice to the rights and contentions of the parties, the petitioners shall pay the municipal rates and taxes based on the annual valuation fixed by the hearing officer at Rs.1,82,480/- and non- residential annual valuation at Rs.1,29,760/- for the subsequent quarters which shall abide by the result of the appeal to be preferred by the petitioners within two weeks from the date of communication of the impugned order. The Corporation is directed to communicate the impugned order passed on May 10, 2010 to the petitioners within a week from date so as to enable the...
Srisri Iswargajalakshmimata Thakur and ors. Vs. Marshall Sons and Co. ...
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET CS No.164 of 1988 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SRISr.ISWARGAJALAKSHMIMATA THAKUR & ORS.Versus MARSHALL SONS AND Co.(INDIA) LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th December, 2013. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Rajarshree Dutta, Adv.Mr.Chanchal Dutta, Adv.Mr.Aloke Ghosh, Adv.Mr.P.S.Bose, Adv.Mr.D.S.Mishra, Adv.Mr.K.R.Das, Adv.The Court: As correctly pointed out by Mr.K.R.Das that he was representing the defendant no.1 and not the plaintiff no.1, the order dated 26th November, 2013 shall be corrected by incorporating that Mr.K.R.Das has represented the defendant no.1 and not the plaintiff no.1. Accordingly, in the fiRs.sentence the words plaintiff no.1 shall be replaced by defendant no.1. Let this correction be incorporated in the order dated 26th November, 2013. The server copy may also be corrected accordingly. Mr.K.R.Das submits that pursuant to the earlier order notice has been served upon the...
Sahara India and anr. Vs. Tamal Bandyopadhyay and ors.
Court: Kolkata
Decided on: Dec-10-2013
ORDER SHEET T.A.NO.122 OF2013C.S.No.OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAHARA INDIA & ANR. Versus TAMAL BANDYOPADHYAY AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th December, 2013. APPEARANCE: MR.A.K.MITRA, Sr.ADVOCATE, MR.ABHRAJIT MITRA, MS.R.KAJARIA, MR.J.CHOWDHURY, MR.S.MUKHERJEE, MRS.SONIA SHARMA, MR.S.BHATTACHARYA, MR.GHOSE, ADVOCATES FOR PETITIONERS The Court : This is a libel suit, instituted by Sahara India, a registered partnership firm and one of its partners Mr.Subrata Roy Sahara, head of the Sahara Group, against Mr.Tamal Bandyopadhyay, Jaico Publishing House and Repro India Limited. Mr.Ghose obtained leave from this Court in the morning to present a plaint and move this urgent ex parte application. It was submitted that if leave was not granted the libellous materials would be published in couRs.of the day. In such circumstances, leave as prayed for was granted. It was submitted by Mr.Mitra, learned senior cou...
Debasis Sinha Vs. Niti Biswas and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-10-2013
Kalidas Mukherjee, President This order relates to the hearing on admission. This appeal has been preferred u/s 27A of the C. P. Act, 1986 against the order no.67 dated 28/10/13 passed by the Learned District Forum, Alipore, South 24-Parganas in EA No.91 of 2007 rejecting thereby the petition filed by the Jdr No.1 and further directing the Jdr to comply with the order by the date fixed positively, in default he should be ready for punishment u/s 27 of the C. P. Act fixing 29/11/13 for compliance report.The Learned Counsel for the Appellant has submitted that the Appellant being the developer shall comply with the order passed by the Learned District Forum. It has been submitted that the land owner did not cooperate to complete the rest of the unfinished job. It is contended that the land owner, that is, Respondent No.2 herein passed away and, as such, difficulty arose in compliance with the order passed in the complaint case. It is submitted that the land owner did not pay the tax a...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-09-2013
ORDER SHEET CP145OF2012IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: PRATEEK PLASTOMETALS PVT.LTD.AND IN THE MATTER OF: SATISH KUMAR AGARWAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th December, 2013. Appearance: Mr.Dipak Basu, Adv.Mr.Rivu Dutta, Adv..for the petitioner. Mr.Ratnanko Banerjee, Adv.Mr.Pratyush Patwori, Adv.Mr.M.Ojha, Adv..for the petitioner & supporting creditor Mr.Samit Talukdar, Sr.Adv.Mr.Sourav Ghosh, Adv.Mr.Prithwiraj Sinha, Adv.Mr.Arnab Basu Mullick, Adv..for the company. Mr.Reetobroto Mitra, Adv.Ms.Manju Agarwal, Adv.Ms.Manju Bhutoria, Adv..for unsecured creditor. The Court: The company appears and submits that an application under Section 15 of the Sick Industrial Company (Special Provisions) Act, 1985 is pending before the Board of Industrial and Financial Reconstruction (BIFR) and, therefore, all the winding up petitions pending before this Court should not be proceeded with. A letter dated 13.11.2013 issued by the ...
Union of India Vs. Scott and Saxby Ltd. Shramik Union and Association ...
Court: Kolkata
Decided on: Dec-09-2013
ORDER SHEET APO No.224 of 2013 WITH CP No.351 of 2006 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UNION OF INDIA Versus SCOTT & SAXBY LTD.SHRAMIK UNION & ASSOCIATION & ORS.BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE And The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : December 9, 2013. Mr.Somenath Bose, Mr.Bhaskar Prosad Banerjee. for the appellant. Ms.Ruma Sikdar. for the Official Liquidator The Court : This is an appeal against the judgment and order dated April 5, 2013 passed by the Honble Company Judge, inter alia, directing the Central Government to indicate as to how the Central Government propose to discharge the dues of the erstwhile employees of the company (in liquidation).that is, Scott & Saxby LTD.Scott & Saxby LTD.is a company within Bird Group of Companies. Group of Companies was nationalised. Bird The Central Cabinet had taken a decision, inter alia, to absorb the employees of the company (in liquidation) in Orissa Mineral Development Cor...
Shyamdev Das and anr. Vs. Fourside Media Pvt Ltd and ors.
Court: Kolkata
Decided on: Dec-09-2013
1 ORDER SHEET C.C.No.73 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE SHYAMDEV DAS & ANR. Versus FOURSIDE MEDIA PVT LTD & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th December, 2013. Appearance : Mr.Ratnanko Banerjee, Adv.Mr.Arindam Mukherjee, Adv.Mr.Avirup Chatterjee, Adv.The Court : This contempt application is taken out alleging the willful violation of an order dated 16th May, 2013 passed by the Company Law Board, Kolkata Branch in C.P.No.64 of 2013. The petitioner alleges that despite an interim order directing the respondent to release the payment in respect of statutory dues and obligations incurred by the company on regular basis, Respondent No.2 who have taken over the charge and management of the company have not paid the rent and the salary of the other staff of the company as well as the electricity bills and directors remuneration apart from the payment of the service tax. Pursuant to the order the alleged contemnors are re...
Tata Motors Finance Ltd. Vs. Ronit Nirman Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Dec-09-2013
A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.No.No.No.No.No.No.No.No.No.No.No.No.No.1077 1078 1079 1080 1084 1085 1086 1087 1088 1089 1104 1105 1106 of of of of of of of of of of of of of 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TATA MOTORS FINANCE LTD.Versus RONIT NIRMAN PVT.LTD.& ANR. Appearance Mr.Utpal Bose, Adv.Mr.P.Sinha, Adv.Mr.Sakya Sen, Adv.Mr.L.R.Mondal, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th December, 2013. The Court : The conduct of the respondents in these matters has left a lot to be desired. However, a writing dated December 9, 2013 executed by the second respondent on his letter-head has been made over to the Receivers indicating that two of the vehicles would be handed over at Barasat on December 14, 2013; five vehicles will be handed over to the Receivers at Pakur, Jharkhand on December 21, 2013; one vehicle will be handed over to the Rec...
Re: State Bank of India and ors Vs. O.L., High Ct., Cal and anr.
Court: Kolkata
Decided on: Dec-09-2013
ORDER SHEET CA514of 2013 WITH BIFR510of 1992 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE: MINING & ALLIED MACHINERY CORPN. LTD.(IN LIQN.) AND RE: STATE BANK OF INDIA & ORS-VS-O.L., HIGH CT., CAL & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th December, 2013. Mr.Raja Basu Chowdhury, Adv.Mr.Sayantan Bose, Adv..for A.D.D.A.Mr.Amiya Kumar Sen, Adv..for United Bank of Indiam, Adv.Mr.Joy Saha, Adv.Mr.S.Sanyal, Adv..for SBI. Mr.Gautam Roy, Adv..for O.L.The Court: This is an application at the instance of the State Bank of India alleging that the amount calculated by the Official Liquidator in respect of the company (in liquidation) have been directed to be paid to the Assansol Durgapur Development Authority on the basis of the applications being taken up by the said authority without serving a copy thereof. According to the applicant those money belongs to the company (in liquidation) and since the claim of the applicant has already been admitted by the Of...
Saroj Agarwala Vs. Rajendra Kumar Banka and ors.
Court: Kolkata
Decided on: Dec-09-2013
ORDER SHEET APO3302013 ACR12002 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SAROJ AGARWALA Versus RAJENDRA KUMAR BANKA & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 9th December, 2013. Mr.Abhrajit Mitra, Advocate Mr.Sakya Sen, Advocate Mr.S.R.Kakrania, Advocate Mr.Sanjeev Seni, Advocate for the appellant. Mr.Swarnendu Ghosh, Advocate Mr.Nirmalya Dasgupta, Advocate Mr.Dibanath Dey, Advocate, for the respondent. The Court : This litigation has a chequered history. The parties are involved in multiplicity of proceedings in relation to a Public Charitable Trust. One Mahesh Tulshan filed a suit being CS No.202/2002, inter alia, claiming, he was the principal trustee of Rai Soorajmul Bahadur Charitable Trust. The suit got dismissed under Order 7 Rule 10 of the Code of Civil Procedure. Appeal failed. Hence, the suit is not existing. In the suit the present appellant Saroj Agarwala was the defendant no.4. The plain...
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