Kolkata Court August 2013 Judgments
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Nirmal Kumar Saha and anr. Vs. Dipankar Saha and ors.
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET TS No.7 of 2011 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction NIRMAL KUMAR SAHA & ANR. Versus DIPANKAR SAHA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:21. t August, 2013. Appearance: Mr.Dhruba Ghosh, Advocate Ms.Pooja Daschowdhury, Advocate ...for the plaintiffs/propoundeRs.Mr.Ratnanko Banerjee, Advocate Mr.Reetobroto Mitra, Advocate ...for the caveatORS.The Court:19. h dated July The word attesting. mentioned in the order 2013 be deleted. Let this correction be incorporated in the order dated 19th July 2013. The examination-in-chief of the Manabendra Saharoy is concluded. Dhruba Ghosh, learned counsel plaintiffs witness Mr.However, at this stage, Mr.appearing on behalf of the plaintiffs/propoundeRs.in view of the nature of the answers given by the witness, sought permission of this court to put questions to the said witness which ordinarily would have been put in crossexamination by the adveRs.party. Mr.Ratnanko Banerjee, learned counsel appear...
Kalpena Industries Ltd Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET W.P.No.685 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KALPENA INDUSTRIES LTD Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :21. t August, 2013. Appearance: Mrs.Manju Agarwal,Advocate Mr.Kaushik Dey,Advocate. The Court : The Directorate of Revenue Intelligence, Kolkata Zonal Unit raided factory and the premises of the petitioner company and seized several documents for further investigation. The seizure list given to the petitioner by the respondents authorities reflects the description of the documents in column 3 thereof. The petitioner subsequently made a request to the authorities to give photocopies of those documents which the authorities did not pay any heed to it. The grievance of the petitioner in this writ petition is that the authorities are denying the photocopies of those documents without which the petitioner is not in a position to carry on the business and to discharge its statutory duties...
Kartick Chandra Dey Vs. Bhaskar Dey
Court: Kolkata
Decided on: Aug-20-2013
ORDER SHEET CS No.54 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KARTICK CHANDRA DEY Versus BHASKAR DEY BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :20. h August, 2013. Mr.Soumen Das, Adv..for the plaintiff Mr.Moloy Seal, ..for defendant Mr.Subrata Mukherjee, ..for the respondent Adv.no.3 Adv.no.5 The Court: One Ushangini Dasi was the absolute owner of three properties which are as follows:1) 54A, Bidhan Sarani, Kolkata 700006.2) 2/1A, Rev. Kali Banerjee Row, Kolkata 700006.3) 3A, Rev. Kali Banerjee Row, Kolkata 700006. During her life time she executed and registered a Deed of Gift in respect of 54A, Bidhan Sarani, Kolkata 700006 in favour of Smt. Kalyani Dey, as her sole legal heiress. The said Kalyani Dey died intestate on 25th June 1991 leaving behind her legal heirs namely (1) Kartick Chandra Dey (Son).Plaintiff herein, (2)Bhaskar Dey (Son).Defendant no.1 herein, (3) Gour Chandra Dey (Husband) the original Defendant no.2 herein, si...
M/S. Reliance Capital Limited Vs. Plg Agrotech Limited and ors.
Court: Kolkata
Decided on: Aug-20-2013
ORDER SHEET GA NO.2123 OF 201.WITH EC NO.298 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.RELIANCE CAPITAL LIMITED Versus PLG AGROTECH LIMITED & ORS. BEFORE: The Hon'ble JUSTICE PATHERYA Date :20. h August, 2013. Mr.D.Ghosh, Mr.A.Deyfor petitioner. The Court : The only reason for vacating the order dated 5th June, 2013 was for non-payment of the Receivers remuneration. This day, it has been submitted on behalf of the decree holder that a cheque was offered to the Receiver but the same has been refused. Such allegation is denied by the Receiver, who submits that no such cheque was ever offered to him. Be that as it may, without going into the correctness of the statements made by either the decree holder or the Receiver, let the initial remuneration of 300 GMs.be handed to the Receiver in Court by the decree holder and the same on being handed has been accepted by the Receiver. Accordingly, as no payment has been made not any proposal for p...
Pks Ltd. Vs. Eastern Bank Ltd. and anr.
Court: Kolkata
Decided on: Aug-20-2013
ORDER SHEET CS No.621 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PKS LTD.Versus EASTERN BANK LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:20. h August, 2013. Appearance: Mr.Soumabha Ghose, Advocate ...for the plaintiff. The Court: None appears on behalf of the defendants even in the second call. It appears that the contesting defendant was directed to disclose the documents on or before 4th June 2013 and to offer inspection forthwith. of the said documents to the plaintiff The plaintiff accordingly was directed to file the judges brief of documents on or before 18th June 2013. Mr.Soumabha Ghose, learned counsel appearing on behalf of the plaintiff submits that the said defendant has not disclosed any document. Accordingly, the judges brief of documents prepared and filed by the plaintiff only contains the plaintiffs disclosures. Mr.Ghose, however, prays for an adjournment for two weeks in order to enable the plaintiff to obtain the original of ...
Ajay Kumar Agarwal Vs. Green Concretex Global Ltd.
Court: Kolkata
Decided on: Aug-20-2013
ORDER SHEET GA NO.2439 OF 201.CS NO.286 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AJAY KUMAR AGARWAL Versus GREEN CONCRETEX GLOBAL LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date :20. h August, 2013. MR.JOYJIT GANGULY, MR.PRADEEP SANCHETI, MR.BASUDEB BISWAS, ADVOCATES FOR PETITIONER The Court : In a suit for a money decree this application has been filed for interim relief. The case of the petitioner is that goods were supplied by it to the defendant and sums have been paid from time to time. The last payment has been made in July 2013 and credit has been given for such payments made. Several cheques aggregating to eleven in number were issued by the defendant, each of which has been dishonoured for non-payment. The quality of the goods has not been disputed by the defendant not were the goods rejected. Therefore, the petitioner is entitled to realise the sums and seeks interim relief. In spite of notice none appears on behalf of the responde...
Prasanta Kumar Mitra and ors. Vs. India Steam Laundry (P) Ltd. and ors ...
Court: Kolkata
Decided on: Aug-20-2013
ORDER SHEET C.A.379 of 2013 With C.P.611 of 1988 C.A.485 of 2011 C.A.493 of 2011 C.A.755 of 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE PRASANTA KUMAR MITRA & ORS.Versus INDIA STEAM LAUNDRY (P) LTD.& ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :20. h August, 2013. Appearance: Mr.Gautam Kr. Ray, Adv. for the petitioner no.3 Mr.D.N.Sharma, Adv.MRS.R.S.Mitra, Adv. for the respondent No.3 Mr.S.N.Mukherjee, Sr.Adv.Mr.Soumitra Datta, Adv. for the respondent no.4 Mr.Joydip Ray, Adv.Mr.S.Bandopadhyay, Adv. for the respondent nos.13 & 14 Mr.Joy Saha, Adv.Mr.Subhojit Saha, Adv. for the respondent nos.15-17 The Court: The matters were lastly heard on 26th March, 2012 and were awaiting the final order to be passed. This Court, while delivering the final order, finds that some clarification is required and put up the matter in the list. In the meantime an application is taken out by respondent Nos.15 to 17 for extension of interim order which was passed on 19th May...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-20-2013
GA No.2157 of 2013 GA No.2018 of 2013 PLA No.88 of 1976 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF : SUBODH GOPAL BOSE (DEC) Appearance: Mr.R.L.Mitra, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE PATHERYA Date :20. h August, 2013. The Court : By this application, the receiver Sr.Aloke Sen seeks to modify the order dated 15th July, 2013. By the said order the executor-cum-receiver was directed to deposit a sum of Rs.5,26,815/- to the estate of Subodh Gopal Bose (Deceased) within a week from the date of receipt of the order. It has been contended on behalf of the receiver that consent was given by the legatees for enabling him to avail of financial assistance of Rs.3.50 lakh and Rs.1.70 lakh in 2008. In fact, an indemnity bond was also furnished by him in respect of the advance of Rs.2 lakh taken by him. Therefore, monies realized by him is with the consent of the legatees. The legatees also agreed that the personal loan t...
The Station Manager, Wbseb (Now Wbsedcl) Burdwan and Others Vs. Sisir ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Aug-16-2013
J. Bag, Ld. Member: The present appeal is directed against the Order dated 16.07.2012 passed by the Ld. District Consumer Disputes Redressal Forum, Burdwan, in their DF Case No. 08 /2007 whereby (a) the Complainants were asked to pay for 4283 units of electricity only in respect of the disputed bill dated 12.01.2007, (b) the OPs were directed to receive payment, if made, within one month from the date of the order and (c) the order dated 24.05.2007 restraining the OPs from disconnecting the service line in question was made absolute . The complaint case, in brief, was as follows: The Complainants are partners of an unregistered partnership firm running a Rice Mill business for which an industrial electric connection was obtained from WBSEDCL (former WBSEB) .The Complainants used to pay electric bills on the basis of actual consumption save and except the supplementary bill dated 02.06.2004 for a sum of Rs.6,72,051/- only which was subsequently raised to Rs.10,01,990/- only vide bill- c...
Goutam Mukhopadhyay Vs. Board of Trustees for the Port of Kolkata and ...
Court: Kolkata
Decided on: Aug-13-2013
ORDER SHEET WP NO.637 OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GOUTAM MUKHOPADHYAY Versus BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :13. h August, 2013. Appearance : Mr.Kishore Dutta, Adv., Ms.S.Ghosh, Adv., for the petitioner. Mr.Hiranmoy Bhattacharya, Adv., Mr.Sounak Bhattacharya, Adv., for the respondents. The Court : I am inclined to grant interim order based on prima facie satisfaction that the petitioner has been subjected to injustice in couRs.of the disciplinary proceedings initiated against him. Firstly, the list of candidates containing two ineligible candidates supposedly prepared by the petitioner was not produced in original; only a photocopy thereof was produced. Photocopy of a document is not a copy of the original document but a copy from a copy thereof. The petitioner had objected to production of the photocopy, since it does not satisfy the character of legal evidence, yet...
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