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Kolkata Court August 2013 Judgments

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Aug 01 2013

Geos International Industry and Trading S.A.B Vs. Sports Follo (India) ...

Court: Kolkata

Decided on: Aug-01-2013

1 ORDER SHEET ACO No.143 of 2013 APOT No.346 of 2013 CP No.175 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GEOS INTERNATIONAL INDUSTRY AND TRADING S.A.B GEOS INTERNATIONAL INDUSTRY AND TRADING S.A.B Versus SPORTS FOLLO (INDIA) EXPORTS LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :1. t August, 2013. Appearance: Mr.Satarup Banerjee, ld. Advocate For the appellant. Mr.Arnab Mukherjee, ld. Advocate For the respondent. The Court :- On perusal of the judgment and order impugned herein we find, the learned Judge was prima facie satisfied, the claim was barred by laws of limitation. His Lordship observed, there is more than an arguable case made out by the company that the claim may be barred by the laws of limitation. In the next paragraph, His Lordship recorded the concession made by the appellant to the following extent: The that the petitioning claim may be creditor has relegated to fairly a suit submitted wit...


Aug 01 2013

Standard Chartered Bank vs. Bengal Provincial Banks’ Contractors'

Court: Kolkata

Decided on: Aug-01-2013

ORDER SHEET GA No.2227 of 2013 CS No.260 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STANDARD CHARTERED BANK Versus BENGAL PROVINCIAL BANKS CONTRACTORS.EMPLOYEES' ASSOCIATION & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :1. t August, 2013. Mr.Surojit Nath Mitra, Sr.Adv.Mr.Biswajit Ghosh, Adv.Mr.Suvodeep Chakraborty, Adv.for the applicant The Court : In a suit for declaration that the plaintiff bank has a right to transact normal business from a branch, this application has been filed restraining the defendants from causing any obstruction in the functioning of the plaintiff bank. The case of the petitioner is that it has contract with the proforma respondent No.4 for providing security guards to all its branch offices including the branch office at 19, N.S.Road, Calcutta. As per its requirement normal security personnel is reduced or enhanced without any demur from the proforma respondent No.4. Accordingly, as per requirement the security...


Aug 01 2013

Coke Producers’ Association and ors. Vs. Coal India Ltd and ors.

Court: Kolkata

Decided on: Aug-01-2013

ORDER SHEET GA No.2694 of 2012 With WP No.1399 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE SMALL SCALE BEE-HIVE HARD COKE PRODUCERS ASSOCIATION & ORS.Versus COAL INDIA LTD & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :1. t August, 2013. Appearance: Ms.Vineeta Meharia, Adv.Mr.Piyush Meharia, Adv.The Court: This Court is of the prima facie view that under the agreement dated 31st October, 2012 the quantity of the coal agreed to be supplied by the seller, namely, Eastern Coal Fields LTD.to the purchaser was determined at 14391 tonnes per year from the sellers mines in the Mugma Coal Field and/or from international source (Annual Contracted Quantities. or ACQ.) for part of year. The ACQ shall be prorated accordingly. The ACQ under the agreement is required to be settled in equal monthly quantities during the year on a calculation indicated in Clause 4.2. It is the grievance of the petitioner in this interim application that the responde...


Aug 01 2013

Shukla Das Vs. Larsen and Toubro Ltd and anr.

Court: Kolkata

Decided on: Aug-01-2013

ORDER SHEET G.A.No.2173 of 2013 C.S.No.252 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SHUKLA DAS VERSUS LARSEN & TOUBRO LTD & ANR. Appearance: Mr.Krishnaraj Thakker, Adv.Mr.Biswanath Chatterjee, Adv.Mr.Rajeev Kumar Jain, Adv.Mr.Varun Kedia, Adv. for the Petitioner Mr.P.K.Dutta, Sr.Adv.Mr.N.M.Mookerjee, Adv. for the Respondent no.1 Mr.Debangshu Basak, Adv.Mr.Tapas Saha, Adv. for the Respondent no.2 BEFORE: The Hon'ble JUSTICE PATHERYA Date :1. t August, 2013. The Court: By order dated 25th July, 2013, the letter dated 19th July, 2013 was stayed till 31st July, 2013. The interim order was extended till 6th August, 3013 and the petitioner seeks continuance thereof. It has been contended by counsel for the respondents that the representation of the petitioner was considered by no less a person than the Vice President of the respondent no.1. He also gave her an opportunity of hearing. As from the email dated 28th March, 2013, it will appear that...


Aug 01 2013

Sri Ujjwal Kanti Pandit Vs. Tea Board and ors.

Court: Kolkata

Decided on: Aug-01-2013

GA No.1661 of 2012 WP No.658 of 2011 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Sr.Ujjwal Kanti Pandit Versus Tea Board And ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date:1. t August 2013 Appearance: Mr.Pradyumna Sinha, Advocate Mr.Sirsanya Bandopadhyay, Advocate for the petitioner Mr.Arijit Choudhuri, Sr.Advocate Mr.A.K. Banerjee, Advocate Mr.A.Sarkar, Advocate for respondent No.1 The Court: The writ petitioner is working as a Security Officer with the Tea Board. He wants to take the benefit of draft bye-laws, namely, Tea Board (Recruitment & Promotion) Bye-Laws, 2009, which are proposed by the Tea Board in supersession of the existing Tea Board (Recruitment and Conditions of Services of Officers appointed by Government) Rules, 1971. Now, according to the draft bye-laws, the cadre of Security Officer is one of the feeder posts to the post of Assistant Director ((Resource Development) Pay Band (2) with Grade Pay of Rs.5,400/-. Under Section 50(1)(d) o...


Aug 01 2013

Chandra Das and ors. Vs. Kamal Mitra

Court: Kolkata

Decided on: Aug-01-2013

ORDER SHEET CS 9.OF 200.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CHANDRA DAS & ORS.Versus KAMAL MITRA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :1. t August, 2013. Mr.S.Dutt, Adv., appeaRs.Mr.Sakya Sen, Adv., appeaRs.The Court : Pursuant to the order passed by this Court on July 10, 2013, the District Judge, South 24-Parganas, has forwarded to this Court the following original documents: (i) The Will of Sr.Adhar Kumar Mitra (four sheets).(ii) The envelope containing the Will; (iii) The Index to the Wills; (iv) The Order Books containingorder no.12, dated 16.09.1970; order no.13, dated 09.11.1970; order no.14, dated 03.12.1970; order no.26, dated 04.12.1971; order no.27, dated 10.12.1971; order no.28, dated 14.12.1971; order no.23, dated 17.09.1971; order no.24, dated 26.10.1971; order no.25, dated 26.10.1971; order no.8, dated 02.07.1972; order no.9, dated 14.07.1972; order no.10, dated 25.07.1972; order no.11, dated 04.09.1972; order no.18, da...


Aug 01 2013

Ashoke Kumar Gupta and Others Vs. Saikait Koley and Another

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Aug-01-2013

Mridula Roy, Member: This order will govern both the appeals being Nos. FA/798/2012 and FA/806/2012 since both the appeal have arisen out of the same judgement. Both the appeals are directed against the judgement dated 28.09.2012 in CC Case No. 111/2011 passed by Ld. District Forum, North 24 Pgs. wherein the Ld. District Forum allowed the case on contest against the O.P. Nos. 1 and 2 with cost directing the O.Ps jointly and severally to handover the actual physical vacant possession to the Complainant within one month from the date of order, to handover the Completion Certificate to the Complainant within one month from the date of order, to install the electric connection in the flat and also in the garage space of the Complainant in his personal within one month from the date of order and to pay cost of litigation to the tune of Rs.6,000/- to the Complainant within one month from the date of order, in the event of non-compliance of the order O.Ps are further directed to pay Rs.200/- ...


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