Kolkata Court March 2014 Judgments
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Kalicharan Layak Vs. Coal India Ltd and ors.
Court: Kolkata
Decided on: Mar-13-2014
WP No.5 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KALICHARAN LAYAK Versus COAL INDIA LTD AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th March, 2014. Appearance: Mr.Partha Ghosh, Adv..for the petitioner Mr.B.Kumar, Adv..for the respondent Md.Ashraf Aci, Adv..for CBI The Court : Pursuant to the order dated January 7, 2014, a report has been filed by the Central Bureau of Investigation. The report indicates that no prosecutable case could be discovered on the basis of the information furnished by the Vigilance Department of Eastern Coalfields Limited to CBI. The report also indicates that CBI decided not to take up the matter in view of its limited infrastructure and its involvement in many other investigations. The petitioner complains of employment being denied to the petitioner on the ground that some of the documents that the petitioner had filed may have been forged. The challenge in the present proceedings is to an order of...
Mrinal Kanti Sirkar Vs. Mrs. Madhuchanda Sirkar and ors.
Court: Kolkata
Decided on: Mar-13-2014
AP No.76 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MRINAL KANTI SIRKAR -VersusMRS.MADHUCHANDA SIRKAR & ORS.Appearance: Mr.S.N.Sanyal, Adv.Ms.Lovely Ghosh, Adv.Mr.S.Chakrabarti, Adv...for the petitioner. Mr.Ashok Sarkar, Adv.Mr.Subrata Banerjee, Adv.Ms.Saswati Chatterjee, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 13, 2014. The Court : The petitioner has sought to challenge an arbitral award rendered on August 19, 2013, a copy whereof was received by the petitioner on August 22, 2013. The present petition has been filed in Court on January 22, 2014. Section 34(3) of the Arbitration and Conciliation Act, 1996 permits an award to be challenged by filing a petition for setting aside the award within three months from the date of receipt of the arbitral award. The proviso to Section 34(3) of the Act affords a further period of thirty days after the expiry of three months from the date of receipt of the a...
Ashoke Kumar Mitra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-13-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Debasish Kar Gupta March 13, 2014 WP1194of 2013 Ashoke Kumar Mitra versus State of West Bengal & ORS.Mr.Saktipada Jana, Advocate for the petitioner Mr.Joytosh Majumdar, Addl. Government Pleader with Mrs.Debjani Roy, Advocate for the State The Court :- This matter was disposed of by an order dated January 16, 2014 with a direction upon the State Government to take a decision relating to payment of pension to the teaching staff of DA getting Secondary School as also the direction upon the respondent no.6 to take necessary steps for releasing the benefits in favour of the petitioner provisionally within the time frame. The attention of this Court is drawn towards an error apparent on the face of record. According to Mr.Joytosh Majumdar, learned Additional Government Pleader, High Court, Calcutta the appropriate authority to release the benefits to the petitioner provisionally is the r...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-13-2014
ORDER SHEET CA No.163 of 2013 CP No.598 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : WINWOOD INTERNATIONAL LTD.And SHIPOVA INFRAPROJECTS PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 13th March, 2014. Ms.Manju Bhutaria, Adv.for the petitioner Ms.Sima Adhikary, Adv..for Central Government. The Court :-The only objection raised by the Central Government is with regard to the applicant company maintaining its registered office at the address given for approval of the scheme. This objection has been made as according to the Central Government letters sent by them to the transferor and transferee companies have returned with the postal endorsement that such companies in these addresses are not known. The said objection has been refuted by learned Counsel for the applicant who submits that show cause notice under Section 146 of the 1956 Act was received by the transferee company at its registered office. Therefore, the objection raised by...
Smt. Pratibha Chamria Vs. M/S. Lipton India Ltd. and ors.
Court: Kolkata
Decided on: Mar-13-2014
ORDER SHEET GA NO.2304 OF2013WITH CS NO.1018 OF1990IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. PRATIBHA CHAMRIA Versus M/S.LIPTON INDIA LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th March, 2014. Mr.A.MukherjeeappeaRs.Mr.D.JainappeaRs.Mr.O.P.DubeyappeaRs.Mr.S.Roy ChowdhuryappeaRs.The Court : Considering the order dated 9th September, 2013, the substituted petitioners will open a joint bank account and indicate its details to the Receiver. The Receiver has been acting for a very long time at a remuneration of 100 GMs.per month. According to the order dated 9th September, 2013, the lease rent collected by the Receiver was to be handed over for the petitioner. Since the petitioner is dead, substituted by the present petitioners and there is no dispute among themselves, I see no reason why the monies as directed by the order dated 9th September, 2013 should not be made over to them. Order accordingly. But the Receiver will pay out th...
M/S. Tata Capital Financial Services Limited Vs. Kiku Transport and an ...
Court: Kolkata
Decided on: Mar-13-2014
AP No.1256 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.TATA CAPITAL FINANCIAL SERVICES LIMITED Versus KIKU TRANSPORT & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th March, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondents are not represented despite previous service. The receiver has made an inventory of the vehicle covered by the agreement and has filed a report. The petitioner claims that a sum of Rs.5.5 lakh is due only on account of defaulted instalments in respect of the BMW vehicle. The petitioner says that the respondents should not be permitted the further use of the luxury vehicle without making payment of the amount due. 2 The petitioner will forward copies of this order to the respondents for the respondents to make payment of a sum of Rs.4 lakh within a period of three weeks from date. If copies of this order are served on the respondents within a week from date and the payment as directed by thi...
Union of India and ors. Vs. Swapan Kumar Duta
Court: Kolkata
Decided on: Mar-13-2014
AP No.325 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction UNION OF INDIA & ORS.Versus SWAPAN KUMAR DUTA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th March, 2014. Appearance: Mr.Sanajit Kumar Ghosh, Adv.Syed E. Huda, Adv.The Court : The marginal delay in challenging the award, beyond the period of three months from the date of receipt thereof but within the extended period of thirty days thereof, is condoned in view of the good grounds shown for the delay in the body of the petition. The only ground urged for challenging the award is that the arbitrator did not give any reasons in support of the grant in favour of the respondent herein. The award runs into fifteen pages. The fiRs.six pages record what transpired at the several sittings in the reference and the documents exhibited by the respondent herein as claimant in the reference. From the foot of the sixth page to the top of the twelfth page the arbitrator has either quoted from the statement of...
Metalogic Systems Private Limited Vs. Ultimate Digital Solutions Priva ...
Court: Kolkata
Decided on: Mar-13-2014
ssForm No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Arijit Banerjee A.C.O.No.175 of 2013 A.P.O.No.23 of 2014 C.P.324 of 2013 Metalogic Systems Private Limited -Vs.Ultimate Digital Solutions Private Limited For the Appellant : Mr.Anindya Mitra, Senior Advocate, Mr.Nirmalya Mohan Bhattacharya, Advocate For the Respondent : Mr.Moloy Ghosh, Advocate, Mr.Aniruddha Mitra, Advocate Mr.Gobinda Chowdhury, Advocate Heard On : January 6, 7,17,27,28, and February 20, 21, 2014 Judgment On : March 13, 2014 ASHIM KUMAR BANERJEE, J. FACTS: The Life Insurance Corporation of India entrusted a project to Hewlett Packard Limited an IT company for appropriate software programme to be uploaded at all LIC locations within the country. Hewlett Packard in turn entrusted the job to Metalogic Systems Private Limited. Metalogic in turn entrusted a part of it to Ultimate Solutions an unregistered par...
Srei Equipment Finance Limited Vs. United Metals Minerals Private
Court: Kolkata
Decided on: Mar-13-2014
AP No.269 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED -VersusUNITED METALS MINERALS PRIVATE LIMITED Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Joydip Banerjee, Adv.Mr.Raja Ghosh, Adv...the receiveRs.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 13, 2014. The Court : The respondents are not represented despite previous service and despite being made aware of the offers received by the receivers for sale of three of four assets now in the possession of the receiveRs.The sale of the Tata Hitachi excavator is confirmed in favour of B.S.Niranjan Murthy of Tumkur District at Rs.16 lakh; the sale of the HM wheel loader is confirmed in favour of S.K.Murthy of Jaynagar, Bangalore at Rs.13.20 lakh; and, the sale of the Tata Hitachi hydraulic excavator is confirmed at Rs.15 lakh in favour of Naveen Kumar of Halli Post, Bangalore Rural district, subject to all such persons paying the entire co...
international Society for Krishna Consciousness (iskcon) Vs. Ishwari P ...
Court: Kolkata
Decided on: Mar-13-2014
1 ORDER SHEET GA No.743 of 2014 APOT No.116 of 2014 CS No.927 of 1982 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS (ISKCON) Versus ISHWARI PRASAD SINGH ROY & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th March, 2014. Appearance: Mr.Ahin Chowdhury, Sr.Advocate with Mr.P.K. Ghosh and Mr.D.Banerjee Ld. Advocate for the appellant. Mr.Arijit Chowdhury and Mr.K.Mondal Ld. Advocates for the respondent. The Court :- This appeal would relate to an order allowing amendment of plaint. The defendant is aggrieved as according to them the amendment would change the nature and character. His Lordship rejected the contention and allowed the amendment. Hence this appeal. This appeal would be heard. Since Mr.Chowdhury appears for the respondent, service of notice of appeal upon the respondent is dispensed with. The appellant is directed to file requisite number of informal documents pap...
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