Kolkata Court April 2014 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-28-2014
ORDER SHEET ACR22012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF :DEITY BEING BRINDABAN BEHARI JEW -ANDIN THE MATTER OF :DEBESH CHOWDHURY & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th April, 2014. Mr.S.K.Mallick, Adv.appears for the applicants. Mr.S.Roy Chowdhury, Adv., appears for the State. The Court : This is an application by the shebaits and the trustees of four debottar properties for their sale. The application is made under section 7 of the Charitable and Religious Trusts Act, 1920, read with section 34 of the Indian Trust Act, 1882. The four properties involved are premises no.17, Gallif Street, Kolkata; premises no.17/1A, Gallif Street, Kolkata, premises no.11, Mariaditch Lane, Kolkata; and 16, Gallif Street, Kolkata. Gallif Street is now known as Mahatma Sisir Kumar Sarani, Kolkata-700003. Learned counsel appearing for the Thika Controller takes the objection that all these four properties are vested in the St...
Pramila Kumari Baid Vs. Mansingh Baid
Court: Kolkata
Decided on: Apr-28-2014
ORDER SHEET GA1267of 2014 With CS250of 1987 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRAMILA KUMARI BAID Versus MANSINGH BAID BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 28th April, 2014. Ms.Manju Agarwal, Adv.Mr.O.P.Jhunjhunwala, Adv..for the plaintiff. Ms.Suparna Mukherjee, Adv.Mr.Neladri Khanna, Adv.Ms.Aiman Abdullah,Adv..for the defendant no.4. Mr.Dhruba Ghosh, Adv..for the defendant nos.7 and 9. The Court: An application for amendment was taken out consequent to the death of the defendant nos.1, 2B and 8. It was submitted on behalf of the petitioners that the heirs and legal representatives of defendant no.1 were already on record. So far as the heirs and legal representatives 2B and 8 are concerned, the present application sought consequential amendment to the plaint after their death. The amendments sought for were formal in nature and therefore allowed. In the application for amendment a copy of the plaint showing the proposed amend...
Harish Chand Shaw Vs. Pankaj Jaiswal and ors.
Court: Kolkata
Decided on: Apr-28-2014
GA No.3553 of 2013 CS No.1166 of 1965 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HARISH CHAND SHAW Versus PANKAJ JAISWAL & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th April, 2014. Appearance: Mr.S.R.Ghosh, Advocate Mr.A.K.Nag, Advocate Ms.R.K.Jaiswal, Advocate Ms.Prity Jain, Advocate The Court: Nothing could be shown to me to suggest that the order of Umesh Chandra Banerjee, J., dated 18th April, 1989 has been superseded by any subsequent order. Neither that the decree of this Court dated 10th September, 1974 ordering that all interim orders were vacated excepting that the Official Receiver would continue as such Receiver till the interlocutory application was disposed of, had been modified or that the interim application spoken of in that decree has been disposed of. The order dated 18th April, 1989 of Umesh Chandra Banerjee, J. was passed on the basis of that provision in the decree. By virtue of the order dated 18th April, 1989 Mr.S.K...
(Now Known as dalmia Bharat Developers Ltd.) Vs. the Kolkata Municipal ...
Court: Kolkata
Decided on: Apr-28-2014
ORDER SHEET GA No.1190 of 2014 GA No.1225 of 2014 APOT No.179 of 2014 WP No.938 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.B.P. PROPERTIES LIMITED (NOW KNOWN AS "DALMIA BHARAT DEVELOPERS LTD.) Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE ASIM KUMAR MONDAL Date: 28th April, 2014 Mr.Saptangsu Basu, Sr.Adv.with Mr.Barin Banerjee, Adv.Mr.Ganesh Prasad Shaw, Adv..for the appellants Mr.Pranab Kumar Dutta, Adv.with Ms.Piyali Sengupta, Adv..for the respondents Ref: G.A.No.1190 of 2014 This application has been filed for condoning the delay in preferring the appeal. Having heard the learned Advocate appearing on behalf of the respective parties and considering the averments made in this application, we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal. There...
Mahesh Kumar Poddar (Huf) Vs. East India Trading Company and ors.
Court: Kolkata
Decided on: Apr-25-2014
ORDER GA No.1087 of 2014 CS No.123 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAHESH KUMAR PODDAR (HUF) Versus EAST INDIA TRADING COMPANY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 25th April 2014. Appearance: Mr.S.E. Huda, Advocate Mr.Saunak Sengupta, Advocate ...for the plaintiff. Mr.Soumya Ray, Advocate ...for the defendants. COURT: On prayer being made on behalf of the defendants on 11th March 2014, the hearing of the suit was adjourned in order to enable the defendants to take steps in the matter upon payment of costs of 100 GM. The defendants have paid the cost. However, the defendants failed to take out an application for leave to enter appearance which is necessary in view of the fact that the suit had already appeared under the heading undefended suit. On oral prayer being made for leave to enter appearance and such prayer not being seriously opposed, Mr.Soumya Ray is permitted to enter appearance on behalf of the defendants in the suit ...
D. Surya Narayan Reddy Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-25-2014
ORDER WP No.265 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE D. SURYA NARAYAN REDDY Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 25th April 2014. Appearance: Mr.J.Dasgupta, Advocate Mr.R.Guha Thakurta, Advocate ...for the petitioner. Mr.L.C. Halder, Advocate ...for the respondents. COURT: The petitioner has filed this application assailing an order passed by the Third Industrial Tribunal dismissing the application filed by the workman under Section 15(2)(b) of the Industrial Disputes Act (as applicable in West Bengal).Mr.Dasgupta, petitioner submits learned that counsel in appearing deciding the on said behalf of the application for interim relief, the Tribunal has virtually decided the matter on merits. It is submitted that the Tribunal, at the stage of deciding the application for interim relief, is only required to form a prima facie opinion and cannot go into the merits of the matter. It is submitted that the...
Srei Equipment Finance Private Limited Vs. Rangara Industries Private ...
Court: Kolkata
Decided on: Apr-25-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.848 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.849 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.850 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.851 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.854 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.855 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.857 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.S.N.Pandey, Adv...for the respondents. BEFORE: The Hon'ble JUSTIC...
Amal Coomar Bose Vs. Asit Basu and ors.
Court: Kolkata
Decided on: Apr-25-2014
GA No.1005 of 2014 CS No.186 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Amal Coomar Bose Versus Asit Basu & ORS.Before: The Honble Justice I.P.MUKERJ.Date: 25th April 2014 Appearance: Mr.Sakya Sen, Advocate Mr.Chanchal Dutta, Advocate for the plaintiff Mr.R.K. Jaiswal, Advocate Mr.M.K. Biswas, Advocate for Satsang Ms.Krishna Mullick, Advocate for defendant Nos.4 to 16 The Court: On 20th November 2013 this suit was decreed by passing orders in terms of prayers (a) and (b) of the Masters Summons in the application (GA No.2348 of 2013).Prayer (b) empowered the Commissioner to sell the property after publication of advertisement inviting offeRs.if no co-sharer was willing to take it. The report of the Commissioner is placed before me. It is dated 7th March 2014. The sale of the property, according to this report, was advertised on 6th January 2014. The last date for receiving offers was 24th January 2014. Seven offers were received, the highest of which was ...
Dewar's Garage Ltd. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Apr-25-2014
ORDER SHEET W.P.No.102 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DEWAR'S GARAGE LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th April, 2014. Appearance : Mr.Rajesh Gupta, Adv.Mr.M.Mukherjee, Adv. for the petitioner Mr.S.Mazumder, Adv.Mr.R.Guhathakurta, Adv. for PVT.respondent Ms.Chaitali Bhattacharjee, Adv. for respondent No.2. The Court : This writ application is directed against an order passed by the controlling authority in allowing the respondent No.3 employee to file an application under section 7 beyond the period of limitation as prescribed under Rule 7 sub Rule 1 of the Payment of Gratuity Rules West Bengal, 1972. In paragraph 6 of the petition the petitioner contended that the petitioner was heard on the aspect of condonation of the delay inasmuch as no copy of the application for condonation of delay was served on the petitioner on 9th October 2012. In the affidavit-in-opposition the responde...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-25-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction CP468OF2009BENGAL WATERPROOF LTD.AND MALVIKA SYNTHETICS (P) LTD.CP299OF2010BENGAL WATERPROOF LTD.AND JET AGE FINANCE PVT.LTD.CP311of 2010 BENGAL WATERPROOF LTD.AND KLASSIC APARTMENT PVT.LTD.CP11OF2011M/S.BENGAL WATERPROOF LTD.AND M/S.VISHWA ENTERPRISE CP12of 2011 M/S.BENGAL WATERPROOF LTD.AND M/S.TIRUPATI ENTERPRISES CP14OF2011M/S.BENGAL WATERPROOF LTD.AND SAVITA BHARTIA CP158OF2011BENGAL WATERPROOF LTD.AND M/S.CROMPTON INDUSTRIAL & CHEMICAL Co.CP566OF2011BENGAL WATERPROOF LTD.AND INDRAJIT BALL CP252OF2012BENGAL WATERPROOF LTD.AND ANSUYA J. DOSHI CP238OF2013BENGAL WATERPROOF LTD.AND JAI BOTHRA (HUF) CP257OF2013BENGAL WATERPROOF LTD.AND ANITA BOTHRA CP258OF2013BENGAL WATERPROOF LTD.AND ANUJ BOTHRA CP331OF2013M/S.BENGAL WATERPROOF LTD.AND SMT. PAYAL SINGHANIA CP391OF2013BENGAL WATERPROOF LTD.AND HITESH BABARIA AND FAMILY, HUF CP404OF2013BENGAL WATERPROOF LTD.AND SHILPA BABARIA CP199OF2012M/S.BENGAL WATERPROOF LTD.AND M/S.Sta...
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