Kolkata Court October 2014 Judgments
Bajrang Prasad Jalan and ors. Vs. Madhuri Jalan and ors.
Court: Kolkata
Decided on: Oct-31-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION PRESENT : THE HONBLE JUSTICE PATHERYA E.C.No.127 of 2008 C.P.No.494 of 1989 BAJRANG PRASAD JALAN & ORS.VERSUS MADHURI JALAN & ORS.AND E.C.No.128 of 2008 C.P.No.494 of 1989 NIRVAN COMMERCIAL COMPANY LIMITED VERSUS MADHURI JALAN & ORS.For the Petitioner : Mr.Abhijit Chatterjee, Sr.Adv., Mr.G.Khaitan, Adv.For the Respondent : Mr.S.N. Mitra, Sr.Adv., Mr.A.Mukherjee, Adv.Heard on : 21-06-10, 29-06-10, 01-07-10, 06-07-10, 08-07-10,16-07-10, 23-07-10 and 26-07-10. Judgement on : 31st October, 2014. PATHERYA J. : This is an application filed for execution of order dated 18th September, 1998 by Bajrang Prasad Jalan (BPJ).The case of BPJ is that in proceedings initiated under Sections 397 and 398 of the Companies Act, 1956, an order was passed on 3rd June, 1996. By the said decree BPJ or his nominees were given the fiRs.option to purchase the shares of the respondent no.4. Price Waterhouse Chartered Accountants was appointed valu...
Tag this Judgment!Srei Equipment Finance Ltd. Vs. a .B. Associates and ors.
Court: Kolkata
Decided on: Oct-31-2014
EC No.526 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE LTD.Versus A .B.ASSOCIATES & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 31st October, 2014. Mr.Satarup Banerjee, Adv.appears The Court : The offers received by the Receiver have been duly communicated to some of the judgment-debtORS.The principal judgment- debtor appears to be the judgment-debtor no.1. He has received the notice and the offers received by the Receiver. The offers are placed before this Court. Since no other offers save and except the offers stated in the report have been received and there is no other intending purchaser offering a higher price than what is stated in the report, the sale is confirmed as follows: Sl. No.Engine Number Name of the Purchaser Offer Value (Rs.) 1. B5.91803101L6295 4664 B5.91803101L6295 3878 Sanjay Kumar Padhy of Nayapalli, Bhubaneswar; EMD of Rs.1 Lakh 14 Lakh 3. B5.91803101L6295 4725 Narinder Singh of Jagnath Vihar, Barmunda; R...
Tag this Judgment!Gardenreach Shipbuilders and Engineers Ltd. Vs. Akshat Commercial Pvt. ...
Court: Kolkata
Decided on: Oct-31-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS No.296 of 2011 Gardenreach Shipbuilders & Engineers LTD.VERSUS Akshat Commercial PVT.LTD.& Anr. BEFORE The Honble Justice HARISH TANDON Appearance: Mr.Sudip Deb, Adv.Ms.D.Dutta, Adv..for the plaintiff. Judgment On : 31-10-2014 HARISH TANDON, J : The plaintiff has instituted a suit praying a decree for a sum of Rs.50 Crores as damages for defamation. The plaintiff claims the damages against each of the defendants alleging that by several letters addressed to the plaintiffs and other statutory authorities, the defendants have maligned and tarnished the reputation of the plaintiff Company which is absolutely untrue and baseless. The plaintiffs claim to have acquired reputation and goodwill by dint of productivity, quality and human resource management and acquired a reputation in the economic field being a Dividend paying company. In a meeting of Board of Directors held on 24th August, 2009, it was decided...
Tag this Judgment!L and T Finance Ltd. Vs. Sarat Chandra Sahoo and anr.
Court: Kolkata
Decided on: Oct-31-2014
EC No.183 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction L & T FINANCE LTD.Versus SARAT CHANDRA SAHOO & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 31st October, 2014. Appearance: Mr.Paritosh Sinha, Adv.Mr.Aniruddha Mitra, Adv.The Court : The judgment-debtors cannot approbate and reprobate. On the earlier occasion, on 11th September, 2014 a categorical statement was made that they are willing to pay their decretal dues. On the basis of such submission the matter was adjourned to enable them to pay the decretal amount. Today a submission has been made that an application has been taken out challenging the said award. Once the judgment-debtor acknowledges its liability to pay the decretal dues, a challenge to the award appears to be a mala fide attempt to scuttle the execution proceedings. The judgment-debtors have also not paid the decretal dues in terms of the order dated 11th September, 2014. The Receiver had already taken possession of one of the ve...
Tag this Judgment!Pooja Sharma Vs. Eko Ct and Mri Scan Centre and ors.
Court: Kolkata
Decided on: Oct-31-2014
1 ORDER SHEET APO No.244 of 2013 AP No.255 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE POOJ.SHARMA Versus EKO CT & Mr.SCAN CENTRE & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 31st October, 2014. Appearance: Mr.Jishnu Chowdhury with Mr.Nikunj Berlia, ld. Advocates For the appellant. Mr.Priyankar Saha and Mr.Dipak Singh, ld. Advocates for the respondent. The Court :- The fight is between the husband and wife. The learned Single Judge tried his best to settle the dispute, however it did not succeed. The Division Bench also tried but failed. Hence, we are compelled to take up the hearing of this appeal. This appeal would relate to an order directing filing of affidavits in a proceeding under section 9 of the Arbitration and Conciliation Act, 1996. The appellant is aggrieved as the learned Single Judge did not give any interim protection. Today, when the matter is taken up we are told, despite such directi...
Tag this Judgment!Ore Cast (India) Vs. Sunrise Ore and Minerals Pvt. Ltd.
Court: Kolkata
Decided on: Oct-31-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA32372014 APO1172014 AP202014 ORE CAST (INDIA) Versus SUNRISE ORE AND MINERALS PVT.LTD.AND GA32392014 APO1172014 AP202014 ORE CAST (INDIA) Versus SUNRISE ORE AND MINERALS PVT.LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 31st October, 2014. Mr.Soumya Ray, Advocate for the appellant. Mr.Rajarshi Dutta, Advocate Mr.Saurabh Maitra, Advoate Mr.Gourav Purkayastha, Advocate for the respondent. The Court : The application for restoration is delayed. Causes shown being sufficient, delay is condoned. The application for condonation of delay is disposed of. The appeal was appearing in the list of the Division Bench. Despite repeated calls, the appellant was not present. Hence, it was dismissed vide order dated August 1, 2014. The explanation so offered by the appellant is not fully convincing. Mr.Rajarshi Dutta, learned Advocate appearing for the respondent would st...
Tag this Judgment!Arun Kumar Singh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-31-2014
ORDER SHEET W.P.No.998 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE ARUN KUMAR SINGH Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date: 31st October, 2014. Appearance: Mr.Anjan Bhattacharya, Adv. for the petitioner Mr.Subhabrata Dutta, Adv.Mr.S.Bandopadhyay, Adv. for the State respondents Mr.P.S.Deb Burman, Adv. for the respondent Nos.5, 6 & 7 The Court: Affidavit of service filed in Court today be taken on record. Having heard the learned counsel for the parties and upon perusing the records, it appears that, in the facts and circumstances of the instant case, the petitioner is essentially seeking approval of his service as an Assistant Teacher of Sr.Balkrishna Vithalnath Vidyalaya, which is a Higher Secondary School, located in the Burrabazar area of Kolkata. The petitioner has relied on a letter dated 9th August, 2012, which appears to have been written by the Teacher-in-Charge of the concerned school to the...
Tag this Judgment!State of West Bengal and anr. Vs. Kamal Sadanah and anr.
Court: Kolkata
Decided on: Oct-31-2014
ORDER GA No.3351 of 2014 CS No.387 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction STATE OF WEST BENGAL & ANR. Versus KAMAL SADANAH & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 31st October 2014. Appearance: Mr.Ranjan Bachawat, Senior Advocate Mr.Sakya Sen, Advocate Mr.Paritosh Sinha, Advocate ...for the petitioneRs.COURT: injunction The against plaintiffs the have defendants filed from the releasing suit seeking theatrically, broadcasting, telecasting or publishing in any media the feature film ROAR which, according to the plaintiffs, purports to portray the characteristics of Sunderbans tigers in the manner inconsistent with their original nature and character. It is submitted that the characteristics of the Sunderbans tigers as depicted in the film are disparaging and do not reflect the true nature and character of the Sunderbans tigeRs.In connection with the said suit an application for injunction has been filed. Mr.Ranjan Bachawat, learned senior ...
Tag this Judgment!Union of India and ors. Vs. Binod Kumar Agarwal
Court: Kolkata
Decided on: Oct-31-2014
GA No.3718 of 2013 APO No.145 of 2014 WP No.2756 of 2000 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UNION OF INDIA & ORS.Versus BINOD KUMAR AGARWAL BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 31st October, 2014. For Appellants : Mr.Sanajit Kumar Ghosh, Advocate For Respondent : Mr.Ramesh Dhara, Mr.Ananda Mukherjee, Advocates The Court : The appellant Railway is before us challenging the judgment and order dated 14th September, 2012. The respondent/ writ petitioner challenged the order dated 30th June, 2000 passed by the General Manager, Eastern Railways, the adjudicating authority. The facts that led to the filing of the above appeal are as under. The respondent/writ petitioners iodized salt was booked through the Railways from Newa City, Rajasthan to Ranigunge, West Bengal. A Railway receipt was issued at the loading point. Before the goods reached Ranigunge at Andal, goods were re-weighed. So far as re...
Tag this Judgment!India Trident Maritime Pvt. Ltd. and anr. Vs. the Board of Trustees fo ...
Court: Kolkata
Decided on: Oct-31-2014
ORDER SHEET SHEET NO.1 GA No.2397 of 2014 WP No.1936 of 1995 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF : INDIA TRIDENT MARITIME PVT.LTD.& ANR. Versus THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA AND ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 31st October, 2014. MR.S.K.DAS,MR.T.K.SEN, MR.MS.NILANJANA ADDYA,ADVOCATES FOR PETITIONERS MR.S.K.ROYCHOWDHURY, BAR-AT-LAW MS.KUMKUM DAS(DUTT),ADVOCATE FOR RESPONDENT NOS.1,2 AND3 The Court :-The petitioners have applied for review of my judgement and order dated 25th June, 2014 by which there was, inter alia, direction upon the learned Advocate on record of the petitioners to encash the short term fixed deposit kept renewed from time to time by the said learned Advocate on record. It appears while this matter was pending the petitioners had a change of advocate. Originally M/S.Mukherjee & Biswas, advocates were acting for the petitioners and had made short term fixed deposit and renew...
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