Kolkata Court December 2013 Judgments
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Srei Equipment Finance Ltd. Vs. the Owners and Parties in the Vessle M ...
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET G.A.No.3724 2013 With A.S.11 of 2013 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus THE OWNERS & PARTIES IN THE VESSLE M.V.INDIRA BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 20th December, 2013. Appearance: Mr.Ratnanko Banerjee, Adv.Mr.R.Ghosh, Adv.Mr.S.Banerjee, Adv.Ms.A.Mitra, Adv.Ms.U.Chatterjee, Adv. for the applicant Mr.Ranjan Bachawat, Adv.Mr.S.Basu, Adv.Mr.P.K. Mahesthwari, Adv.Mr.S.Sarkar, Adv.Mr.S.Dasgupta, Adv. for the defendants The Court: A point of demurer is taken by Mr.Bachawat that the Admiralty jurisdiction cannot be exercised in respect of a vessel of Indian Origin. A Coordinate Bench judgment rendered in the case of Porto Maina Maritime Sa versus Owners & Parties Interested In The Vessel M.V.Gati Majestic (A.S.No.1 of 2012).is placed before this Court in support of the above contention, wherein it is held that the Admiralty jurisdiction cannot exercise in respect of the Indian flag flying vessels r...
Re: the Memorial Finance and Investment (i) Ltd. (In Liqn.) Vs. O/L, H ...
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET C.A.No.577 of 2013 C.P.No.79 of 1999 IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction ORIGINAL SIDE RE: THE MEMORIAL FINANCE & INVESTMENT (I) LTD.(IN LIQN.) Versus O/L, HIGH COURT, CALCUTTA. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th December, 2013. Appearance : Mr.B.Mohanti, O/L. The Court : Only one bid in pursuance of the sale notice has been received by the official liquidator. The valuation report of the valuer is forwarded by the official liquidator and on perusal thereof it appears that the company owned 18.09 bighas of land and there has been illegal transfer in respect of 15.09 bighas. The sale is published in respect of left out land i.e.2.95 bigha of land. The offer which is made is too low in commensurate with the valuation made by the valuer. This Court, therefore, does not accept such offer. Since the proceeding has already been taken up by the Board of Revenue for annulling / canceling all the deeds which have been made in respect of the l...
Panu Bouripetitioner Vs. Coal India Ltd. and ors.Responde
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET W.P.No.1229 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PANU BOURI Petitioner Versus COAL INDIA LTD.& ORS.Respondents BEFORE: The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 20th December, 2013. For Petitioner : Mr.Subrata Ganguly,Adv.For Respondents : Mr.Aloke Kr. Banerjee with Mr.N.K.Roy, Adversus The writ petitioner had approached this Court alleging inaction on the part of the respondent authorities to consider the petitioners mercy petition for reinstatement in service. The petitioner was an employee of Eastern Coalfields LTD.[ECL].and a disciplinary proceeding was initiated against him through issuance of a charge sheet dated 18th January, 2001 and the said proceedings stood concluded through issuance of an order 2 of dismissal vide memorandum dated 28th November, 2004. Mr.Ganguly, learned Advocate appearing for the petitioner, submits that ECL authorities signed a Memorandum of Settlement before the Assistant Labour Commissio...
Hindustan Steelworks Construction Limitedappellant Vs. M/S. S. P. Sath ...
Court: Kolkata
Decided on: Dec-20-2013
GA No.2800 of 2013 With APO No.234 of 2010 AP No.164 of 2008 In the High Court at Calcutta Civil Appellate Jurisdiction Original Side Hindustan Steelworks Construction Limited versus M/s.S.P. Sathian Appellant Respsondent BEFORE The Honble Justice DEBASISH KAR GUPTA And Tahe Honble Justice ASIM KUMAR RAY Date : December 20, 2013. For Appellant : Mr.Ranjan Deb, Sr.Advocate Mr.Ravi Kapur, Advocate Mr.Meghajit Mukherjee, Advocate For Respondent : Mr.Pradip Kumar Dutta, Sr.Advocate Mr.Malay Kumar Das, Advocate Mr.D.Raha, Advocate The Court : This application is filed by the appellant for review of the judgment and order dated January 21, 2013 passed in APO No.234 of 2010. By virtue of the impugned judgment and order the Appeal was dismissed affirming the judgment dated April 1, 2010 passed in AP No.164 of 2008. An arbitral agreement was entered into by and between the appellant and the respondent on June 27, 1982. A dispute in between the appellant and the respondent was referred to the Ar...
Sanjay Kumar Binani Vs. the New India Assurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Dec-20-2013
WP No.984 of 2011 GA No.3682 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANJAY KUMAR BINANI Versus THE NEW INDIA ASSURANCE Co.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th December, 2013. Appearance: Mr.Sanjib Mitra, Adv. for the Petitioner Mr.Rajesh Singh, Adv. for the Respondents The Court : GA No.3682 of 2013 is by way of a reminder to the Court to take up the petition which has been pending from 2011. It is, however, submitted on behalf of the insurance company that the petition was taken up for hearing on two previous occasions and adjournments obtained by the petitioner upon the Court observing that the petition may not be entertained. The petitioner questions the repudiation of the claim by the insurance company. It appears that an excavator owned by the petitioner suffered an accident in Nagaland in which a driver and another person in the vehicle were killed. The ground for repudiation of the claim was that the dri...
Smt. Sabi Kora and anr. Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Dec-20-2013
WP1236of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SMT. SABI KORA & ANR. Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 20th December, 2013. For the petitioner : Mr.Partha Bose,Advocate For the respondent : Mr.R.N.Majumdar,Advocate Mr.Amit Halder,Advocate The Court : - The petitioners are the legal heirs of Bahadur Kora, an employee of Eastern Coal Fields LTD.(ECL) under lower Kendra Colliery under Kendra area. The husband of the petitioner No.1 died in harness on 9th May,1998 and thereafter the petitioner No.1 made an application for grant of compassionate appointment to the petitioner No.2 who is the son of late Bahadur Kora. Pursuant to such application for compassionate appointment, the petitioner No.2, by a memo dated 9th of June,2012, was directed to appear before the Area Screening Committee, Kendra area on 12th June,2012. Accordingly, the said petitioner No.2 emerged to be successful in the said s...
B. S. Progressive Pvt. Ltd. Vs. M/S. S. G. Sales Corporation and ors.
Court: Kolkata
Decided on: Dec-20-2013
TA No.130 of 2013 T. No.325 of 2013 GA No.of 2013 CS No.of 2013 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION B.S.Progressive PVT.LTD.Versus M/s.S.G. Sales Corporation & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 20th December 2013 Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.S.N. Mookherjee, Advocate for the plaintiff Mr.Siddhartha Mitra, Advocate for the defendants The Court: After hearing Mr.Pratap Chatterjee and Mr.S.N. Mookherjee, learned Senior Counsel for the plaintiff and Mr.Siddhartha Mitra, learned Senior Advocate for the defendants the following facts, prima facie, come to light: The trademark Austin is registered in favour of the plaintiff for manufacture of plywood which falls in Class 19. The said trademark has also been registered in favour of the defendant-corporation for manufacture of furniture in Class 20. The defendant-corporation instituted a suit (Plaint No.136 of 2008) against the plaintiff before the Additional District and Session...
Dilip Dhangar Vs. Coal India Ltd and ors.
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET WP No.1243 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DILIP DHANGAR Versus COAL INDIA LTD & ORS.BEFORE: The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 20th December, 2013. Appearance: Mr.Partha Ghosh, Adv.Mr.R.N.Majumder, Adv.Ms.Sanchita Barman Roy, Adv.The Court: The petitioners mother was an employee of Kendra Colliery, who applied for retirement under Female Voluntary Retirement Scheme (hereinafter referred to as the said Scheme) and upon acceptance of her claim she was allowed to retire in terms of the said Scheme. The petitioner further contends that in terms of the said Scheme an application was submitted to the respondent authorities for employment of the petitioner and to that effect an attestation form was duly filled up and submitted to the authorities. The petitioner further contends that subsequent thereto he was summoned for a medical examination and report to that effect was filed on 15th of October, 1990 but thereaf...
United Bank of India Represented by Its Branch Manager Vs. Dr. (Lt. Co ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-20-2013
Kalidas Mukherjee, President: This appeal is directed against the judgment and order passed by Learned District Forum, Alipore, South 24-Parganas in case no.CC 157 of 2011 allowing the complaint and directing the OP Bank to pay the total amount of Rs.25,000/- to the Complainant within one month from the date of order failing which the amount shall carry interest @ 9% p.a. from the date of default till realisation. The case of the complainant/respondent, in short, is that he has a savings bank account with the UBI, Kundghat Branch, Kolkata-700 040. The Complainant has been paying his electricity bill to CESC by cheque regularly. He issued a cheque no.582704 dated 24/10/06 amounting to Rs.1,990/- to CESC which was dishonoured without any reason. He received a threatening letter from CESC as it was an offence u/s 138 of the Negotiable Instrument Act. It caused humiliation to the Complainant and he had to face a lot of inconvenience and loss of money by losing rebate and also had to pay in...
M/S. Grsv Projects Represented by Its Proprietor Rahul Das Vs. Asit Ch ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-20-2013
Kalidas Mukherjee, President: This order relates to the hearing on the petition for condonation of delay of 223 days in filing this appeal. It has been stated in the petition for condonation of delay that on 06/02/13 the Appellant was arrested by the police in connection with Execution Case No.54 of 2012 before the Learned District Forum. Thereafter the Appellant prayed for bail on submitting the cheque of Rs.70,000/- dated 06/02/13 and another cheque of Rs.1 lakh dated 08/02/13 and cash payment of Rs.30,000/- and the Learned District Forum granted him interim bail of Rs.10,000/-. On 06/02/13 for the first time the Appellant came to know about the order passed by the Learned District Forum in the complaint case bearing no.44 of 2012. The Appellant took certified copy of the order and filed the appeal. It has been submitted by the Learned Counsel for the Appellant that the complaint case was disposed of by the Learned District Forum ex parte and no notice was served upon the Appellant. ...
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