Kolkata Court September 2013 Judgments
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State of West Bengal and Others Vs. Nokia India Pvt. Ltd.
Court: Kolkata
Decided on: Sep-12-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT 43 OF 201.GA 271.of 2013 GA 271.of 2013 WITH WP 62.of 2012 STATE OF WEST BENGAL AND OTHERS Versus NOKIA INDIA PVT.LTD.APOT 43 of 2013 GA 271.of 2013 GA 271.of 2013 WITH WP 56.of 2012 SENIOR JOINT COMMISSIONER, SALES TAX AND ORS.Versus U.A.L.INDUSTRIES LTD.AND ANR. APOT 43 OF 201.GA 271.of 2013 GA 272.of 2013 WITH WP 62.of 2012 STATE OF WEST BENGAL & ANR. Versus GLAXO SMITHKLINE CONSUMER HEALTHCARE LTD.APOT 43 of 2013 GA 271.of 2013 GA 271.of 2013 WITH WP 62.of 2012 STATE OF WEST BENGAL AND ORS.Versus MARICO LTD.APOT 44 of 2013 GA 272.of 2013 GA 272.of 2013 WITH WP 67.of 2012 STATE OF WEST BENGAL & ORS.Versus ROHIT FERROTECH LIMITED & ANR. APOT 44 of 2013 GA 272.of 2013 GA 272.of 2013 WITH WP 61.of 2012 STATE OF WEST BENGAL AND ORS.Versus PHILIPS CARBON BLACK LTD.AND ANR. APOT 44 of 2013 GA 272.of 2013 GA 272.of 2013 WITH WP 64.of 2012 STATE OF WEST BENGAL & ORS.Versus DUTCH TECH TOOLS PVT.LTD.APOT...
Mulkh Raj Pasrija and ors. Vs. Sourabh Gilts Securities Limited
Court: Kolkata
Decided on: Sep-12-2013
ORDER SHEET CS No.162 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MULKH RAJ PASRIJ.& ORS.Versus SOURABH GILTS SECURITIES LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :12. h September, 2013. Appearance: Mr.Jishnu Chowdhyry, Adv.Mr.Arun Kr. Dutta, Adv.The Court: The suit was mentioned yesterday for extension of time to file the report by the Special Referee and also for clarification of certain matters forming the subject matter of referance. After hearing the parties, I have extended the time to file the report on or before 25th September, 2013 and the suit was adjourned till 25th of September, 2013. Today the suit has appeared on the basis of the earlier direction when Mr.Jishnu Chowdhury the learned Counsel appearing on behalf of the defendant referred to a minute of the proceeding and submitted that the Advocate Commissioner is travelling beyond the reference in seeking to adjudicate damages. The Advocate Commissioner was appointed ...
Narbheram Finance Co. Ltd. Vs. Upendra Kumar and anr.
Court: Kolkata
Decided on: Sep-12-2013
ORDER SHEET EC No.125 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NARBHERAM FINANCE Co.LTD.Versus UPENDRA KUMAR & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :12. h September, 2013. Mr.P.Sinha, Adv.for the petitioner The Court : Initially the asset in question was surrendered by the judgment-debtORS.Thereafter it was repossessed by him. Thereafter the asset was once again surrendered by the judgment-debtors and it is only after surrender of such asset that an order for sale was passed on 29th August, 2013 in favour of Mr.Prabhu Narayan Yadav, Hazaribagh, Jharkhand. The entire consideration has been paid by the successful purchaser and although steps was taken by the Receiver to hand over the asset to the purchaser, the same could not be effected due to the obstruction caused by the judgment-debtORS.This see-saw of events must end as the sale has been confirmed in favour of the purchaser and purchase price received by the decree-holder. Th...
R.A. International Vs. Prateek Plasto Metal (Pvt.) Ltd.
Court: Kolkata
Decided on: Sep-12-2013
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present : The Honble Justice Nadira Patherya G.A.No.1744 of 2013 E.C.No.52 of 2013 R.A.International Versus Prateek Plasto Metal (Pvt.) LTD.For the Decree-holder :Mr.Jishnu Chowdhury, Adv., Mr.S.Mukherjee, Adv., Mr.S.Ghose, Adv.For the Judgment-debtor :Mr.Anirban Ray, Adv., Mr.Satadeep Bhattacharyya, Adv., Mr.Samrat Sengupta, Adv.Heard on :11. 7.13, 17.7.13 & 18.7.13. Judgment on :12. h September, 2013. Patherya J. : E.C.52 of 2013 has been filed for execution of a consent decree dated 24.9.2012 and although an appeal was filed the same was dismissed. At hearing on 12th June, 2013 it was submitted by the judgment debtor that due to financial difficulties the judgment debtor was unable to make payment. To ascertain the correctness of such statement the directors of the judgment debtor were directed to be present in Court on 14th June, 2013 at 2 p.m.On the said day, the directors were present and were examin...
Sukriti Nirman Pvt. Ltd. and anr. Vs. C.E.S.C. Ltd. and ors.
Court: Kolkata
Decided on: Sep-12-2013
ORDER SHEET WP No.778 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SUKRITI NIRMAN PVT.LTD.& ANR. Versus C.E.S.C.LTD.& ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :12. h September, 2013. Appearance: Mr.Ranjit Kr.Ghosal, Advocate, Mr.Anil Kr. Das, Advocate with Mr.Mrinal Das, Advocate..for the petitioneRs.Mr.Rajiv Lall, Advocate..for the C.E.S.C.LTD.Mrs.Aparna Ghosh, Advocate..for the State. The Court:-The writ petition is being taken up for hearing without filing of any affidavit as the issues involved in this proceeding relate to points of law only. The petitioners are seeking supply of electricity in respect of a plot of land claimed to be owned by them at 232A, Basanta Lal Saha Road, Kolkata-700053. The area of the land is about 7 cottah and 6 chittacks, as it appears from the photocopy of the deed of conveyance annexed to the writ petition as P-1. The reason for which supply of independent connection is being held...
Dr. Syed Nafis Ahmed Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-12-2013
WP No.895 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DR. SYED NAFIS AHMED Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :12. h September, 2013. Appearance: Mr.Soumya Roy, Adv.Mr.Abu Siddique Malik, Adv.Mr.Esar Ahmed, Adv..for the petitioner Mr.Kishore Dutta, Adv.Mr.Ayan Banerjee, Adv..for the respondents The Court : The grievance of the petitioner is that by reason of the erroneous procedure adopted by the respondent authorities under the West Bengal Registration Rules, 1962, the petitioner has been required to pay stamp duty at divergent rates by notices issued on the same day in respect of the same property. It has been fairly submitted on behalf of the State that the mistake may have been on account of a programme error; the notices were not issued on the same day, but once an initial date is assigned to a particular transaction, the subsequent notices or computer generated slips bear the original dat...
Ashrafi Mallah Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Sep-12-2013
ORDER SHEET WP No.1035 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASHRAFI MALLAH Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :12. h September, 2013. Appearance: Mr.U.S.Agarwal, Advocate Mr.V.Kumar, Advocate The Court: This is a case arising out of the Special Female Retirement Scheme of Eastern Coalfields LTD.It was dated 7/12th November, 2002. Under the scheme, a female employee of the company who had completed ten years of service and was below fifty years of age (later increased to fifty-five) could seek voluntary retirement by a written application. She would then be considered as surplus. to the company. In lieu of her, her son who completed eighteen years of age and was not above thirty-five years would be offered employment. Although the exact date of application for voluntary retirement of the writ petitioner is not known but the letter dated 20th December, 2002 at page 28 of the writ petition (Annexure P...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-12-2013
ORDER SHEET G.A.No.2160 of 2013 With ARC 1 of 2002 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IN THE MATTER OF: RAI SURAJMAL BAHADUR CHARITABLE TRUST AND RE: RAJENDRA KR. BANKA & ORS.AND MAHESH TULSHAN BEFORE: The Hon'ble JUSTICE PATHERYA Date:12. h September, 2013. Appearance: Mr.Reetobrata Mitra, Adv.Mr.Sabyasachi Sen, Adv.Mr.Swarnendu Ghosh, Adv.Mr.Nirmalya Dasgupta, Adv.Mr.Dibnath Dey, Adv. for the petitioners Mr.Sakya Sen, Adv.Mr.S.R.Kakrahia, Adv.Mr.Suman Adhikary, Adv.Mr.Sanjeeb Seni, Adv. for the interim trustee The Court: By this application the petitioners herein seek grant of leave to enter appearance in ACR No.1 of 2002 and to be granted time to file written statement therein upon service of ACR No.1 of 2002. The case of the petitioner is that he is the principal trustee of Rai Surajmal Bahadur Charitable Fund/Trust and for the misdeeds of the trustee-respondent C.S.No.202 of 2002 was filed which was dismissed for misjoinder of causes o...
Balkrishna Bhimsaria and ors Vs. Mahesh Bhimsaria
Court: Kolkata
Decided on: Sep-12-2013
1 ORDER SHEET GA No.2526 of 2013 APOT No.405 of 2013 CS No.151 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BALKRISHNA BHIMSARIA & ORS Versus MAHESH BHIMSARIA BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :12. h September, 2013. Appearance: Mr.Pratap Chatterjee, Sr.Advocate with Mr.Utpal Bose, Mr.Sakya Sen and Mr.O.P. Jhunjhunwala, ld. Advocates For the appellants. Mr.Abhrajit Mitra, with Mr.Arif Ali and Mr.Sumanta Biswas Ld. Advocates for the respondent. The Court :There will be an order in terms of prayer (a) of the petition. The learned Judge has passed an order of restraint in dealing with and/or encumbering the assets mentioned in page 378 of the petition. Page 378 would refer to five flats at Diamond Tower. at Diamond Harbour Road being Flat Nos.501, 601, 702, 802 and 6D, a Vodaphone Mobile Shop at Chitta Ranjan Avenue and a Saw Mill at Dankuni. Mr.Chatterjee submits on behalf of the appellants, the appell...
Sumermal Surana Vs. Premlata Kakrania
Court: Kolkata
Decided on: Sep-12-2013
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present : The Honble Justice Nadira Patherya G.A.No.1743 of 2013 E.C.No.53 of 2013 Sumermal Surana Versus Premlata Kakrania For the Decree-holder :Mr.J.Chowdhury, Adv., Mr.R.Ghosh, Adv., Mr.C.Gupta, Adv.For the Judgment-debtor :Mr.Anirban Ray, Adv., Mr.Satadeep Bhattacharyya, Adv., Mr.Samrat Sengupta, Adv.Heard on :11. 7.13, 17.7.13 & 18.7.13. Judgment on :12. h September, 2013. Patherya J. : The only issue that arises for consideration is whether the judgment debtor could have been called for examination when she resides outside the jurisdiction of this Court. Section 39(4) CPC is contained in Part I of the CPC which contains the substantive law while the Rules and Orders is to be found in Part II CPC which deals with the procedure to be followed in execution. As Section 39(4) CPC bars execution against person or property and Order 21 Rule 41(1) and 41(2) lays the procedure for execution under Part II the...
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