Kolkata Court September 2013 Judgments
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Cts Industries Limited and ors. Vs. Narayan Prasad Sultania and anr.
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET GA No.2900 of 2013 CS No.173 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CTS INDUSTRIES LIMITED & ORS.Versus NARAYAN PRASAD SULTANIA & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :23. d September, 2013. Mr.Jishnu Saha, Ms.Ahana Sikdar, Mr.Ashis Kr. Mukherjee for the petitioneRs.The Court : In a suit for a decree for perpetual injunction restraining the respondent no.1 from representing himself and/or holding himself out to be a director of the petitioner no.1 G.A.2081 of 2010 was filed wherein orders have been passed. One of the orders passed is dated 28th February,2011 whereby the respondent no.1 was directed to return all books, documents and records of the petitioner no.1 in his possession. In spite of letters written no step has been taken by the respondent no.1 to hand over the books, documents and records of the petitioner no.1. The whereabouts of the said books, documents and records has now come to the knowledge of the petitioners h...
Magma Fincorp Limited Vs. P. P. Patel and anr.
Court: Kolkata
Decided on: Sep-23-2013
AP No.539 of 2013 AP No.540 of 2013 AP No.870 of 2013 AP No.872 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus P.P.PATEL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :23. d September, 2013. Appearance: Mr.Sakya Sen, Adv.Mr.Sukrit Mukherjee, Adv.The Court : The respondents are not represented though they had earlier been represented on August 12, 2013 when orders were made on AP No.539 of 2013 and AP No.540 of 2013. The order dated August 12, 2013 recorded the admission on behalf of the respondents that a sum in excess of Rs.21 lakh remained due and owing only on account of defaulted instalments. The respondents were permitted to pay off a total sum of Rs.9 lakh in each case to ward off the Receivers from taking possession. The petitioner says that such payments have not been made though the sum of Rs.9 lakh was reduced to Rs.6.5 lakh in either case by the same order. The petitioner is not aware of the loc...
Abdul Shokur Molla Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-23-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Murari Prasad Shrivastava September 23, 2013 GA 2894 of 2013 APOT 288 of 2013 WP 717 of 2012 Abdul Shokur Molla versus State of West Bengal & ORS.Mr.Suman Dutta, Mr.Navneet Mishra For the appellant Mr.Sadananda Ganguly For the State Mr.P.S.Basu Mr.Satyajit Talukdar For the respondent no.3 Mr.Achinta Banerjee, Ms.Era Ghosh For the KMC The Court :- Mr.Sadananda Ganguly, learned advocate appears for the respondent Nos.1 and 2, Mr.P.S.Basu, learned advocate appears for the respondent no.3 and Ms.Era Ghosh, learned advocate led by Mr.Achinta Banerjee appears for the KMC. Affidavit of service is filed showing the service of notice of the application. In spite of such service of notice, none appears on behalf of the respondent no.4. This is an application for substitution consequent upon the death of the sole appellant. The sole appellant died int...
Smt. Madhu Devi Sadani and anr.Petitioners Vs. the Kolkata Municipal C ...
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET GA No.1834 of 2013 With WP No.532 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. MADHU DEVI SADANI & ANR. Versus Petitioners THE KOLKATA MUNICIPAL CORPORATION Respondent BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 23rd September, 2013. For Petitioners : Mr.M.S. Tiwari, Advocate Mr.R.K. Pandey, Advocate Mr.R.Tiwari, Advocate For Respondent No.2 : Mr.Supriyo Kumar Ray, Advocate For Respondent Nos.5,8&9: Mr.Uttam Kumar Dey, Advocate For K.M.C. : Mr.Biswajit Mukherjee, Advocate Ms.Jayee Maiti, Advocate The Court : A proceeding under section 411 of the Kolkata Municipal Corporation Act cannot be effectively decided unless the owner of the said premises and occupiers thereof are brought before the Municipal Authority. In this writ petition, the writ petitioner prayed for implementation of a notice issued by the Municipal Authority under section 411 of the said Act without joining all the occupiers of the said premises. Acco...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET CA No.449 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: NABIN DESIGNERS & CONST RUCTIONS P.LTD & ANR BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd September, 2013. Ms.Manju Bhuteria, Adv.appears The Court : That a meeting of the Equity Shareholders of Nabin Designers & Constructions Private Limited, being the applicant no.1 herein shall be convened and held at 1B, Old Post Office Street, Ground Floor, Kolkat001. on Monday the 18th November, 2013 at 4:30 P.M.for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of the Applicant no.1 with the Applicant no.2. That a meeting of the Equity Shareholders of Indo Nabin Projects Limited, being the applicant no.2 herein shall be convened and held at 1B, Old Post Office Street, Ground Floor, Kolkat001. on Monday the 18th November, 2013 at 4:45 P.M.for the purpose of considering, and if thought fit, approving...
Natwar Lal Bedia and ors. Vs. Ishwari Prasad Bajaj and ors.
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET GA NO.2603 OF 2013 WITH CS NO.284 OF 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NATWAR LAL BEDIA AND ORS.Versus ISHWARI PRASAD BAJAJ AND ORS. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 23rd September, 2013. Mr.A.Mukherjee, Mr.S.Sahafor petitioneRs.Mr.A.Mitra, Mr.J.Chowdhury, Mr.S.Mukherjee, Mr.A.Sarkar, Ms.A.Defor respondent nos.1 to 4. The Court : In a suit for a decree for Rs.42,81,187/- this application has been filed for interim reliefs. The case of the petitioner is that he is a partner in the Belpahar crushing business with the respondent nos.1 to 4 and is entitled to 1/3rd profit in the said business so also in the shares which has been sold by the respondent nos.1 to 4 in favour of the respondent nos.5 and 6, for the sum of Rs.75 lacs. As the petitioner is a 10% shareholder, the said sum to the extent of 1/10th share be kept apart. From the statements of accounts it will be apparent that the sum of Rs.20 lacs invested by h...
C.i.T. Wbix Cal. Vs. Lalit Kumar Kejriwal
Court: Kolkata
Decided on: Sep-23-2013
ITA No.95 of 1999 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T.WB-IX CAL. -VersusLALIT KUMAR KEJRIWAL BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA -A n dThe Hon'ble JUSTICE TARUN KUMAR DAS Date : 23rd September, 2013. Appearance: Mr.S.N.Dutta, Adv...for the appellant. Mr.R.N.Murarka, Adv.Ms.Sutapa Roychowdhury, Adv...for the respondent. The Court : The facts and circumstances will appear from the judgment of the learned Income Tax Tribunal. Mr.Dutta, learned Advocate appearing for the appellant submitted that no appeal lies against an order passed under Section 234B of the Income Tax Act. He further submitted that the cash seized under Section 132 of the Income Tax Act, 1961 during a search and seizure operation could not have been permitted to be set off against the liability for advance tax for a subsequent year. These are the two submissions made by Mr.Dutta. We have not been impressed by any of his submissions. The fiRs.submission that no ...
Veeline Holdings Pvt. Ltd. Vs. Registrar of Companies, West Bengal
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET CP No.634 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: VEELINE HOLDINGS PVT.LTD.Versus REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 23rd September, 2013 The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.48,000/- on account of filing fees, additional filing fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.48,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company to the list of active c...
The Budge Budge Investment Co. Ltd. and anr Vs. the K. M. C. and ors.
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET GA No.2374 of 2013 -withWP No.662 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE BUDGE BUDGE INVESTMENT Co.LTD.& ANR Versus THE K.M.C. & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 23rd September, 2013. Appearance : Mr.P.Sengupta, Advocate. Mr.A.Ray, Advocate. Mr.R.K.Rai, Advocate. Mr.A.Basu, Advocate. for the petitioner. Mr.Achintya Banerjee, Advocate. Mr.Gopal Ch. Das, Advocate. Mr.Debangshu Mondal, Advocate. for the KMC The Court : Let affidavit-in-opposition and affidavit-inreply filed in Court today be kept with the record. By the impugned notice issued by the Municipal Authority under section 411(1) of the Kolkata Municipal Corporation Act, 1980, the petitioner was directed to repair the Premises No.213A, Bidhan Sarani, Kolkata-700 006. The items of repair which are required to be carried out in the said premises are also mentioned in the impugned notice. The petitioner now complains that despite direction ...
Humayan Properties Ltd. Vs. Bharti Airtel Ltd.
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET CP No.485 of 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE HUMAYAN PROPERTIES LTD.Versus BHARTI AIRTEL LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd September, 2013. Mr.David Mantosh, Adv.Mrs.Lalita Banerjee, Adv.Mr.Syed Nurul Arefin, Adv.The Court: On the basis of an agreement of lease dated April 28, 2008 the petitioning creditor deposited with the company a sum of Rs.25 lacs which was agreed to be refunded at the time of handing over the possession of the demise premises. According to the petitioning creditor, the possession was handed over to the company but, the company failed and neglected to pay the said sum of Rs.25 lacs which was supposed to be refunded on the date of delivery of possession. The company took a defence that a sum of Rs.2.70 lacs towards lease rent was not paid by the company and, therefore, the said amount was not paid. The Court did not find the said defence to be a bone fide one and admitted the winding-up-petition and directed the ...
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