Kolkata Court September 2013 Judgments
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Mukul Chandra Dutta Vs. Kumaresh Dutta and ors.
Court: Kolkata
Decided on: Sep-11-2013
ORDER SHEET CS No.35 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MUKUL CHANDRA DUTTA Versus KUMARESH DUTTA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :11. h September, 2013. Mr.K.K.Baral, Adv..for the plaintiff Mr.P.k.Dutta, Sr.Adv.Mr.Rajarshi Dutta, Adv.Mr.S.K.Dutta, Adv..for defendant no.4 Mr.Soumya Krishnan, Adv..for defendant no.1 and 11. The Court: The Advocate-Commissioner has filed a report dated 10th September, 2013. In terms of the preliminary decree passed by this Court on 25th March, 2013 and the subsequent order passed on 14th August, 2013, as modified on 29th August, 2013, the Advocate-Commissioner has carried out the directions passed by this Court and the Tollygunge property has been partitioned by meats and bounds in accordance with the shares declared in the preliminary decree and as modified by the subsequent ordeRs.The co-sharers have been duly put to possession in partitions of the suit premises in terms of the all...
M/S. Shree Hanuman Cotton Mills Ltd and ors Vs. Murari Mohan Kejriwal ...
Court: Kolkata
Decided on: Sep-11-2013
ORDER SHEET ACO No.125 of 2013 APO No.210 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.SHREE HANUMAN COTTON MILLS LTD & ORS Versus MURARI MOHAN KEJRIWAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :11. h September, 2013. Appearance: Mr.S.K.Kapur, Sr.Adv.Mr.Jishnu Saha, Adv.Mr.Ravi Kapoor, Adv.Mr.Mainak Bose, Adv.for respondent Nos.1 & 2. Mr.Pratap Chatterjee, Sr.MRS.Mousumi Bhatterjee, Mr.Sabyasachi Chowdhury, for respondent Adv.Adv.Adv.no.3 Mr.S.N.Mookherjee, Sr.Mr.Ratnanko Banerjee, Mr.Jishnu Chowdhury, Mr.S.Mitra, Mr.S.Adhikary, Adv.Adv.Adv.Adv.Adv.The Court : The Court : After hearing the respective parties, this Court finds that the substantial question of law is involved in this appeal. appeal be admitted. Let the The appellant is directed to file requisite numbers of informal paper books within three weeks from date. The copy of the paper books shall be served on the Advocate-on-Record of the respective respondents. This is an app...
Mohan Lal Seal Vs. Kuntal Kumar Ghosh and ors.
Court: Kolkata
Decided on: Sep-11-2013
ORDER SHEET GA No.2616 of 2013 ACR No.5 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOHAN LAL SEAL Versus KUNTAL KUMAR GHOSH & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :11. h September, 2013. Appearance: Mr.Samit Talukdar, Advocate Mr.Sakya Sen, Advocate Mr.Jibonratan Chatterjee, Advocate Mr.Kaushik Dey, Advocate Mr.B.Biswas, Advocate Mr.Jishnu Saha, Advocate Mr.Raja Basu Chowdhury, Advocate Mr.Surajit Nath Mitra, Sr.Advocate Mr.Nabakrishna Das, Advocate Mr.Pathik Bandhu, Advocate The Court: Principally these submissions were advanced on behalf of the parties := It was submitted by Mr.Talukdar, learned Senior Advocate for the petitioner, that premises No.52 Netaji Subhas Bose Road, Kolkata-1 had been let out to the Mundhras who had taken possession thereof in contravention of the order of this Court made on 1st August, 2013 directing the parties to maintain status quo. To this both Mr.Chatterjee, learned Senior Advocate, and Mr.Saha, ...
U.V.M. Shipping Services Pvt. Ltd. and anr Vs. the Commissioner of Cus ...
Court: Kolkata
Decided on: Sep-11-2013
ORDER SHEET WP No.805 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE U.V.M.SHIPPING SERVICES PVT.LTD.& ANR Versus THE COMMISSIONER OF CUSTOMS (PORT) & ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th September, 2013. Appearance: Mr.Subhojit Roy, Adv.Mr.D.Roy Chowdhury, Adv.for petitoner Mr.S.K.Roy Chowdhury, Adv.Mr.Somnath Bose, Adv.for respondent nos.7, 8, 9. Mr.P.K.Roy, Adv.Mr.K.K.Maiti, Adv.for CustoMs.The Court : The petitioners are engaged in providing the containers services for the purpose of export and import of the goods. Two containers which were hired for the purpose of the export were confiscated by the Customs authorities. The petitioners apprise authorities time and again for release of the containers as the same cannot be confiscated. The circular dated 5.11.1998 annexed to this writ petition issued by the Ministry of Finance, (Department of Revenue ).Central Board of Excise & CustoMs.permits to be released of the containers...
indo Arya Logistics Vs. Exide Industries Limited
Court: Kolkata
Decided on: Sep-11-2013
AP No.934 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INDO ARYA LOGISTICS -VersusEXIDE INDUSTRIES LIMITED Appearance: Mr.Tilok Bose, Sr.Adv.Mr.Sakya Sen, Adv...for the petitioner. Mr.S.N.Mookherjee, Sr.Adv.Mr.Sabyasachi Chowdhury, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 11, 2013. The Court : The petitioners agency as C & F agents has been terminated by the respondent. avoid any controversy, a special The petitioner says that to officer should be appointed immediately to assess the stock position as at the date of the termination. Since the respondent has not taken any of the technical objections available and has agreed to ensure that the petitioner does not have any misgivings, Mr.Sirsanya Bandopadhyay, Advocate is appointed special officer to initially visit Jodhpur, Bhilwara and Udaipur to verify from the ledgeRs.if any, and other records and computer statements maintained as to the position...
Millennium Mercantile Pvt. Ltd. and anr. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Sep-11-2013
WP No.900 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MILLENNIUM MERCANTILE PVT.LTD.& ANR. Versus STATE OF WEST BENGAL & ORS.Appearance Mr.Ranjan Deb, Sr.Adv.Ms.N.Banerjee, Adv.Mr.Ashok Banerjee, Sr.Adv.Mr.A.Majumdar, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h September, 2013. The Court : The petitioners challenge an order passed by the relevant Collector declining the petitioners application for grant of an on-shop liquor licence. It is submitted on behalf of the State that the order is appellable and such position is accepted by the petitioneRs.but the petitioners say that since the order is incurably bad and cannot be regarded as an order made under the Bengal Excise Act, 1909 or the rules framed thereunder, the availability of an appeal therefrom should not prompt the Court to not entertain the petition. The petitioners say that the Collector has referred to a report without affording the petitioners an opportunity to deal w...
Mahesh Kumar Kejriwal Vs. Shree Hanuman Cotton Mils Ltd. and ors.
Court: Kolkata
Decided on: Sep-11-2013
APO No.211 of 2013 ACO No.134 of 2013 with CP No.31 of 2006 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION Mahesh Kumar Kejriwal Versus Shree Hanuman Cotton Mils LTD.& ORS.Before: The Hon'ble Justice Harish Tandon Date:11. h September 2013 Appearance: Mr.Sabyasachi Chowdhury, Advocate for the appellant Mr.S.N. Mookherjee, Advocate for the respondent The Court: This is an appeal under Section 10F of the Companies Act, 1956. After hearing the respective counsel this Court finds that the appeal involves a substantial question of law. Let the appeal be admitted. The appellant is directed to file requisite numbers of informal paper book containing all the requisite documents and pleadings within a period of three weeks from date. The appellant assailed a part of the order dated 14th May 2013 passed by the Company Law Board (CBL) so far as it relates to the finding that 1025 shares held by the appellant had been transferred in favour of the respondent No.2 in the year 1999. The responde...
Ram Gopal Bajoria Vs. Income Tax Settlement
Court: Kolkata
Decided on: Sep-11-2013
WP No.355 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAM GOPAL BAJORIA Versus INCOME TAX SETTLEMENT COMMISSI0ONER (IT & WP) & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :11. h September, 2013. Appearance: Mr.J.P. Khaitan, Adv.Mr.Ananda Sen, Adv.Mr.Dipak Dey, Adv.Ms.C.Ray, Adv..for the petitioner Md.Nizamuddin, Adv..for respondent nos.3, 4 & 5 The Court : By an order dated 14th August, 2013, the record pertaining to the settlement application filed by the petitioner was directed to be brought before this Court through a special messenger. The record is brought and upon perusal of the order-sheet recorded therein, it appears that the matter was fixed on 8th October, 2012. Subsequently there is a recording of an order relating to the computation which is to be made upon the final order that is passed by the settlement commission. There is no reflection of an order dated 8th October, 2012 in the order-sheet which, according to the petitione...
…appellant. Vs. Minoo H. Hiramanik and Others
Court: Kolkata
Decided on: Sep-11-2013
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE Before: The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Asim Kumar Mondal GA No.1439 of 2012 With APOT No.299 of 2012 ACR No.4 of 2005 Prakash Ply Centre Private Limited Appellant. Versus Minoo H. Hiramanik and others Respondents. For the appellant: Mr.Anindya Kumar Mitra, Mr.Dipankar Halder, Mr.Sk. Moinuddin. For the respondent No.1: Mr.P.C.Sen, Mr.Samit Talukdar, Mr.Rajdeep Biswas, Mr.Rudraman Bhattacharya, Mr.Swatarup Banerjee, Mr.Ranajit Roy. For the respondent Nos.2 to 6: Ms.Manju Bhuteria, Mr.Ravi Asopa, Mr.Syed E. Huda, Ms.Shreya Chaudhary. For Calcutta Zoroastrian Communitys Religious and Charity Trust: Mr.Sabyasachi Chaudhury, Mr.Manju Bhuteria, Mr.Ravi Asopi. Judgment On: September 11, 2013. Justice Asim Kumar Mondal: The appellant, Prakash Ply Centre (Private) Limited, has preferred the present appeal being aggrieved and dissatisfied with the judgement and order dated September 14, 2011...
Srei Equipment Finance Pvt. Ltd. Vs. Sar Parivahan Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Sep-11-2013
ORDER SHEET EC No.79 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus SAR PARIVAHAN PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :11. h September, 2013. Mr.Utpal Bose , Adv.for the decree-holder Mr.Swatarup Banerjee, Adv.appears The Court : By order dated 13th August, 2013 the sale had been confirmed in favour of Mr.Ajit Singh of Ranchi in respect of the assets in question for the sum of Rs.35 lakh. Subsequently the decreeholder got an offer for more than that offered by Ajit Singh, Ranchi. So matter was mentioned to Court and Mr.Ajit Singh was requested to match the offer of Subham Auto Mart who had made an offer of Rs.45 lakh. Therefore the difference between the offer of Mr.Ajit Singh and Subham Auto Mart is for Rs.10 lakh. By letter dated 5th September, 2013 Mr.Singh has expressed his inability to better his offer and Rs.35 lakh is all that he can pay for three assets which is covered in EC 7.o...
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