Kolkata Court April 2014 Judgments
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Saregama India Ltd. and ors. Vs. Dishnet Wireless Ltd. and ors.
Court: Kolkata
Decided on: Apr-07-2014
ORDER SHEET GA NO.660 OF2012WITH CS NO.85 OF2012GA NO.1195 OF2012GA NO.1360 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAREGAMA INDIA LTD.& ORS.Versus DISHNET WIRELESS LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 7th April, 2014. Mr.A.Mitra, Mr.P.Chatterjee, senior advocates, Mr.A.Mitra, Mr.J.Chowdhury, Mr.S.Mukherjee, Mr.S.Bhattacharyya, Mr.S.Ghosh, Mr.A.K.Royappear. Mr.R.Bachawat, Mr.A.Ghosh, Mr.J.Basu, Mr.P.P.Sinha, Mr.A.Chandraappear. Mr.R.Medora, Mr.S.Duttaappear. The Court : The application [GA No.1360 of 2012].is disposed of. Hence, let it be deleted from the list. One is an application for interim reliefs. The other is an application by the seventh defendant for dismissal of the suit and for vacation of the interim order. The case before the court today is very short. Mr.Bachawat, learned counsel appearing for the seventh defendant has convinced me that his client is a mere transmitter of electronic signals. They have no c...
The West Bengal Small Industries Corp. Ltd. Vs. M/S. Plasti Pack and a ...
Court: Kolkata
Decided on: Apr-07-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.191 of 1996 The West Bengal Small Industries Corp. LTD.versus M/S.Plasti Pack & Anr. For the Plaintiff : Mr.S.Sarkar, Advocate For the Defendant No.2 : Ms.Suparna Mukherjee, Advocate Ms.Sulekha Mitra, Advocate Heard on : April 02, 2014 Judgment on : April 07, 2014 DEBANGSU BASAK, J. By the instant suit the plaintiff sought to realise the balance of the price of the goods sold and delivered, damages and interest. The Defendant No.1 was the sole proprietorship concern of the Defendant No.2. The Defendant No.2 filed written statement and contested the suit. The plaintiff disclosed documents. The plaintiff examined its accountant as its witness. Few documents were marked as exhibits on behalf of the plaintiff. The witness of the plaintiff was cross-examined on behalf of the Defendant No.2. In the midst of cross-examination of the witness of the plaintiff, the De...
Krishna Consciousness (iskcon) Vs. Iswari Prasad Singh Roy and ors.
Court: Kolkata
Decided on: Apr-07-2014
ORDER SHEET APO NO.89 OF2014CS NO.927 OF1982IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS (ISKCON) Versus ISWARI PRASAD SINGH ROY & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th April, 2014. Mr.Ahin Chowdhury, Sr.Adv., Mr.Pradip Kumar Ghosh, Adv., Mr.Debabrata Banerjee, Adv., Mr.Koushik Bhattacharya, Adv., for the appellant. Mr.Arijit Chowdhury, Sr.Adv., Mr.Sayantan Bose, Adv., Mr.Koushik Mondal, Adv., for the respondent. The Court : This appeal would arise out of an order of amendment in the Plaint wherein the plaintiff would seek to amend the Plaint for the third time. In the Plaint the owner of the premises no.3C, Albert Road, filed a suit as against the occupants at 3C, Albert Road, the adjacent premises, inter alia, praying for recovery of vacant and peaceful possession of a portion of the upper flat no.3A, Albert Road that, according to him, was illegal...
Dutsan G Engineers Pvt. Ltd. Vs. Linde India Ltd.
Court: Kolkata
Decided on: Apr-07-2014
ORDER SHEET AP No.400 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DUTSAN G ENGINEERS PVT.LTD.Versus LINDE INDIA LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th April, 2014. Appearance: Mr.Amitava Ghosh, Adv.Mr.Navojit Mukherjee, Adv.Mr.Saurav Chatterjee, Adv.for the petitioner Mr.Sakya Sen, Adv.Mr.Bidyut Dutt, Adv.Mr.Priyankar Saha, Adv.Mr.Somnath Saha, Adv.for the respondent. The Court : The defence taken to this request under Section 11 of the Arbitration and Conciliation Act, 1996 is of complete accord and satisfaction. The respondent has referred to three documents appearing at pages 12, 13 and 14 of its affidavit by which, according to the respondent, the petitioner accepted full and final payment from the respondent and discharged the respondent of any further obligation to make any payment under the relevant contract. The respondent asserts that in the light of such documents, the petitioner could not have invoked the arbit...
Damodar Ropeways and Infra Ltd. Vs. the General Manager, South Eastern
Court: Kolkata
Decided on: Apr-07-2014
AP No.1226 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DAMODAR ROPEWAYS & INFRA LTD.-VersusTHE GENERAL MANAGER, SOUTH EASTERN RAILWAY Appearance: Mr.Bijan Majumdar, Adv.Mr.Ayan Banerjee, Adv...for the petitioner. Mr.A.K.Ghosal, Adv.Mr.Rajendra Chaturvedi, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 7, 2014. The Court : The request under Section 11 of the Arbitration and Conciliation Act, 1996 is uninformed, lacking in papers and does everything possible to waste Court time. One of the paragraphs in the petition refers to a letter of acceptance. The letter of acceptance in its second last paragraph speaks of a prospective agreement being executed. Yet the paragraph in the petition refers to the agreement having been concluded and executed prior to the letter of acceptance being issued. Immense Court time is wasted because of incompetent lawyers either deliberately or otherwise taking up Court time unnece...
Shri Shyam Sundar Dutta Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Apr-07-2014
ORDER SHEET GA No.936 of 2014 APOT No.587 of 2013 WP No.668 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHRI SHYAM SUNDAR DUTTA Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 7th April, 2014 Mr.Barin Banerjee, Adv.with Mr.Swapan Kumar Debnath, Adv..for the appellant Mr.Arijit Dey, Adv..for the KMC Mr.Subir Sanyal, Adv.with Mr.Om Narayan Rai, Adv..for the respondent nos.4, 5 & 6 This application has been filed in connection with the appeal preferred from the order dated 30th August, 2013 whereby a learned Judge of this court was pleased to dispose of the writ petition upon holding that the Lok Adalat has no adjudicatory or judicial function. After going through the records, we find that the Municipal Building Tribunal passed an order affirming the decision of the Special Officer (Building) for demolition of the unauthorised construction in respect of...
Re: Nawdeep Singh Vs. Official Liquidator and anr.
Court: Kolkata
Decided on: Apr-07-2014
IN THE HIGH COURT AT CALCUTTA Original Jurisdiction Present : The Honble Justice Aniruddha Bose April 7, 2014 CA401of 2013 CP90of 1983 CA342of 1998 CA431of 2012 Re: Angelo Brothers (in Liqn.) And Re: Nawdeep Singh versus Official Liquidator & Anr. Mr.N.S.Hoon appears in person Mr.S.C.Prasad, Advocate for the Official Liquidator The Court :- The instant application being CA431of 2012 has been taken out by the Hungerford Investment Trust LTD.Mr.N.S.Hoon appears in person on behalf of the applicant in this application. The subject of the controveRs.in connection with which this application has been taken out is liquidation proceeding of Angelo Brothers Ltd., which is the Company (in liquidation).though submission of Mr.Hoon is that the Company is actually not in liquidation and the original order of liquidation was permanently stayed. In this order, I am not dealing with the issues arising out of such submissions, which shall be decided at a later stage of this proceeding. One of the pray...
Ots Ltd. Vs. Mps Greenery Developers Ltd. and ors.
Court: Kolkata
Decided on: Apr-07-2014
ORDER SHEET GA NO.633 OF2014WITH CS NO.43 OF2014GA NO.555 OF2014GA NO.795 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE OTS LTD.Versus MPS GREENERY DEVELOPERS LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 7th April, 2014. Mr.A.Mitra, Mr.J.Chowdhury, Mr.S.Ghoshfor plaintiff. Mr.M.Bose, Mr.S.Chatterjeefor defendant no.1 The Court : The amendment application GA No.795 of 2014 is treated as on the days list and disposed of by passing orders prayed for, inasmuch, this Court is of the view that the same when allowed would resolve the entire controveRs.between the parties, without causing any prejudice to the defendants. In the application for revocation of leave under Clause 12 of the Letters Patent and for ancillary reliefs, Mr.Bose, learned counsel for the fiRs.defendant makes the following submissions: The agreement, as pleaded in the plaint, was executed within the jurisdiction of this Court. No such agreement was entered into between t...
M/S Baba Loknath Ice Factory of Vill âandeuro;andldquo; Piragachha, K ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Apr-07-2014
Debasis Bhattacharya, Member. This appeal is directed against the order dated 12.10.2012 passed by the Ld. District Forum, North 24 Parganas in Case No. 323/2010, by which the complaint case has been allowed in part on contest against the contesting OPs but without any cost on the ground that there is no deficiency in service on the part of the OPs, who have been directed to take such steps for checking the meter of the Complainants factory to satisfy the Complainant that the meter in dispute is not defective and if its found defective in that case OPs shall have to re-assess the consumption bill and shall have to re-issue fresh bill but if it would be found the meter is not defective after examination in that case OPs shall have to follow the rules for realization of the arrear bill from the Complainant. But, all other reliefs have been refused on the ground that this Forum has no jurisdiction to decide such matter when State Electricity Regulatory commission has assessed the tariff. ...
Badal Chandra Pramanick Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-04-2014
WP No.26 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction BADAL CHANDRA PRAMANICK Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 4th April, 2014. Appearance: Mr.Subrata Gauguly, Adv.Mr.Dipankar Paramaneek, Adv.Mr.Shuvasish Sengupta, Adv.Mr.Arindam Guha, Adv.Mr.Samanwita Roychowdhury, Adv.The Court : Sufficient grounds have been made out as to why the petitioner was not represented on February 24, 2014 when WP No.26 of 2011 was dismissed for default. The order dated February 24, 2014 is recalled and WP No.26 of 2011 is restored to the file. By consent of the parties, WP No.26 of 2011 is taken up for immediate hearing. The prayer in the petition is for a mandamus directing the respondent employer to correct the date of birth of the petitioner in the service book as per the school leaving certificate of the petitioner. In effect, the petitioner wishes his date of retirement to be September 10, 2015. It appears from the petition that th...