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Kolkata Court March 2014 Judgments

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Mar 13 2014

Ajay Jalan and anr. Vs. S.K. Kothari, Secretary and Chief Financial Of ...

Court: Kolkata

Decided on: Mar-13-2014

ORDER SHEET TA NO.30 OF2014WITH T NO.72 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AJAY JALAN & ANR. Versus S.K.KOTHARI, SECRETARY & CHIEF FINANCIAL OFFICER OF THE ROYAL CALCUTTA TURF CLUB & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th March, 2014. Mr.J.Saha, Mr.J.Ganguly, Mr.J.K.Suranaappear. Mr.T.Bose, senior advocate, Mr.S.Ghosh, Mr.A.K.Dharappear. The Court : Mr.Tilak Bose, learned senior advocate takes two preliminary objections. The fiRs.is that in the plaint the defendant nos.7, 8, 9 and 10 have been pleaded to be carrying on business within the jurisdiction of this Court, but, in fact, they do not carry on any business thereat. This point to my mind can only be resolved on evidence, at the time of trial of the suit. At this stage, the Court has to go by the averments in the plaint, which alleges that they do carry on business from this place. Hence, this point may be decided at the time of trial of the suit, as a preliminar...


Mar 13 2014

Sonodyne Televisions Company Ltd. Vs. Official Liquidator

Court: Kolkata

Decided on: Mar-13-2014

ORDER SHEET CA No.556 of 2013 CP No.142 of 2010 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: DPS TECHNOLOGIES PVT.LTD.(IN LIQN.) AND SONODYNE TELEVISIONS COMPANY LTD.versus OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE PATHERYA Date : 13th March, 2014. Mr.Jishnu Chowdhury, Mr.Arif Ali for the applicant. Ms.Tanushree Dasgupta for Official Liquidator. Mr.B.Mohanty, O.L.appeaRs.The direction upon Court the : By Official this application Liquidator to the take applicant possession herein of the seeks a assets mentioned in paragraph 14 of the affidavit in support of the Judges Summons and to take steps for sale thereof. The four properties mentioned are :a) Office Space of 13530 square-feet at Nam Complex, Phase-II, 4th Floor, B-Wing, Block-M, New Alipore, Kolkata-700 053. b) Land at New Town, Rajarhat belonging to HIDCo.c) Bank Account No.353201010930114 maintained with Union Bank of India, New Alipore Branch. d) Bank Account No.0402560000187 maintained with HDFC...


Mar 13 2014

Tara Properties Pvt. Ltd. Vs. Union of India and anr.

Court: Kolkata

Decided on: Mar-13-2014

ORDER SHEET E.C.No.318 of 2013 With A.P.No.249 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TARA PROPERTIES PVT.LTD.Versus UNION OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th March, 2014. Appearance : Mr.Partha Sarathi Bose, Sr.Adv.Mr.Indrajeet Dasgupta,Adv.Judgment-debtor Mr.S.R. Ghosh, Adv.Mr.R.Roy, Adv.Mr.A.Ali, Adv.Mr.R.Munsi, Adv.for the decree-holder. The Court: Mr.Bose, learned senior counsel for the judgment-debtors cites two decisions, National Aluminium Co.LTD.versus Pressteel & Fabrications (P) LTD.and Anr. reported in (2004) 1 Supreme Court Cases 540 and Damadar Valley Corporation versus C.E.S.C.LTD.reported in AIR2005Calcutta 67 for the proposition that once an award is challenged, it becomes inexecutable. No execution application lies. This point was not taken before Sanjib Banerjee, J. when the order dated 20th March, 2013 was passed, directing the judgment-debtors to pay the awarded amount, on the ground...


Mar 13 2014

Kumariah Vadivel Vs. Union of India and ors.

Court: Kolkata

Decided on: Mar-13-2014

ORDER SHEET WP No.1573 of 1996 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KUMARIAH VADIVEL Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 13th March, 2014. Appearance: Mr.H.B.Dubey, Adv.Mr.Mukesh Mishra, Adv.For the petitioner. Mr.D.K.Singh, Adv.For the respondent Nos.4 and 5. Mr.Sanajit Kumar Ghosh, Adv.For the respondent Nos.1, 2,3 and 6. The Court :- The petitioner applied to the Eastern and South Eastern Railways Authorities for grant of licence under Rule 4 of the Authorization of Rail Travellers Service Agents Rules, 1985. By the judgment rendered in Travellers Service Agents Association and Others versus Union of India and Others reported in 1985 (Supp.) Supreme Court Cases 105, the rules that had been proposed before the Honble Supreme Court were directed to be made statutory rules. The petitioners grievance is that his application made to the Eastern Railway was rejected by intimation dated 3rd June, 1996 which ha...


Mar 13 2014

Virendra Nath Vs. M/S. Abmtm Pvt. Ltd. and anr.

Court: Kolkata

Decided on: Mar-13-2014

EC No.549 of 2013 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION Virendra Nath Versus M/S.ABMTM PVT.LTD.& Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date: 13th March 2014 Appearance: Mr.Ratnanko Banerjee, Advocate Mr.S.Sengupta, Advocate Ms.Shreya Basu Mallick, Advocate for the petitioner The Court: This is an application for execution or implementation of the order dated 27th August 2012 passed by the Company Law Board in CP No.22 (Kol)/2010. It is moved before this Court, further to an order dated 30th October 2013 of the Company Law Board, referring enforcement of its order to this Court under Section 634A of the Companies Act, 1956. Since the order sought to be enforced was made on 27th August 2012 and the appeal therefrom dismissed on 27th June 2013 by this Court, this application is being moved ex parte. There is already an administrator appointed by the Company Law Board. Let notice of this application be served upon the respondents by the Advocate-on-Record...


Mar 13 2014

Basistha Muni Ojha 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 WP1146of 2013 Basistha Muni Ojha 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...


Mar 12 2014

Jaintia Highway Pvt. Ltd. Vs. National Highway Authority of India and ...

Court: Kolkata

Decided on: Mar-12-2014

GA No.438 of 2014 with CS No.52 of 2014 GA No.630 of 2014 GA No.671 of 2014 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION Jaintia Highway PVT.LTD.Versus National Highway Authority of India & Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date: 12th March 2014 Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Abhrajit Mitra, Advocate Mr.Sarbapriya Mukherjee, Advocate Mr.Prithviraj Sinha, Advocate for the plaintiff Mr.Aryak Dutt, Advocate Mr.Dipankar Das, Advocate Mr.Ashish Shah for the defendant Mr.Indrajit Sen, Advocate for the bank The Court: Mr.Aryak Dutt, learned counsel for the National Highway Authority of India takes the point of maintainability of the suit and application. He argues that no part of the cause of action pleaded in the plaint has arisen within the jurisdiction of this Court. There is a forum selection clause under which courts in Delhi have exclusive jurisdiction to try the disputes arising out of the contract between the parties. The bank guarante...


Mar 12 2014

Appellant Vs. Respondent

Court: Kolkata

Decided on: Mar-12-2014

ORDER SHEET GA NO.3021 OF2011WITH PLA NO.296 OF2009GA NO.2140 OF2010GA NO.2696 OF2012GA NO.3048 OF2009GA NOK.358 OF2012IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF : NILKANTA BHAKTA @ NABARUN KANTI BHAKTA AND SHUBHRANGSHU BHAKTA & SUKRITI BHAKTA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th March, 2014. Mr.S.Dutta, Mr.A.K.Ghoshappear. Mr.B.Biswas, Mr.S.Karmakarappear. Mr.S.K.ChatterjeeappeaRs.Mr.S.Dutta, Mr.D.Basuappear. The Court : Further to the order dated 3rd March, 2014, all the parties and their advocates on record held a meeting at the office of Mr.A.K.Ghosh, advocate at 10, Old Post Office Street, Ground floor, Kolkata-700001 on 10th March, 2014 at 5 p.m.Minutes have been drawn up in accordance with the order, which are taken on record. The parties have also come up with a suggested order, which is also taken on record. The suggested order is set out below. It is submitted on behalf of the parties that pursuant to the...


Mar 12 2014

Commissioner of I.T. Central –ii, Kolkata Vs. M/S Malylaya Construct ...

Court: Kolkata

Decided on: Mar-12-2014

ORDER SHEET ITAT No.212 of 2013 GA No.3478 of 2013 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE COMMISSIONER OF I.T.CENTRAL II, KOLKATA Versus M/S MALYLAYA CONSTRUCTION LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 12th March, 2014. Appearance: Mr.P.K.Bhowmick, Adv.Ms.Manju Agarwal, Adv.Mr.Bajrang Manot, Adv.The Court: The subject matter of challenge in this appeal is a judgment and order dated 11th July, 2013 passed by the learned Income Tax Appellate Tribunal by which the views of the CIT (Appeal) were upheld and the appeal preferred by the revenue was dismissed. Aggrieved by the order of the Tribunal the revenue has come up before this Court. The learned Tribunal expressed the following views: We are of view that in the provisions of Section 80IB(10).there is no bar for development to developing Housing Project on approved site. The approved site may be in the name of different persons who has sold th...


Mar 12 2014

L and T Finance Limited Vs. Sohom Shipping Pvt. Ltd. and ors.

Court: Kolkata

Decided on: Mar-12-2014

AP No.288 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED -Versus- SOHOM SHIPPING PVT.LTD.& ORS.Appearance: Mr.Samrat Sen, Adv.Mr.Paritosh Sinha, Adv...for the petitioner. Mr.S.Ghosh Dastidar, Adv.Ms.Sankari Roy, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 12, 2014. The Court : By consent of the parties, the following order is passed: Mr.Debnath Ghosh, Advocate, is appointed receiver over the barge M.V.Srijoy-II. The receiver shall invite offers for the sale of the remains of the said barge presently lying unsalvaged near Miryabandar, Ratnagiri, Maharashtra, on as is where is basis by publication in three newspapeRs.two of which shall be in Mumbai editions of newspapers published in English and Marathi. The third publication shall be made in an English language newspaper at Kolkata. The costs of the aforesaid three publications and all other costs to be incurred by the 2 receiver in co...


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