Kolkata Court May 2014 Judgments
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Credence Trexim Pvt. Ltd. and anr. Vs. the Registrar of Companies, Wes ...
Court: Kolkata
Decided on: May-13-2014
ORDER SHEET CA No.243 of 2014 With CP No.537 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CREDENCE TREXIM PVT.LTD.& ANR. Versus THE REGISTRAR OF COMPANIES, WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 13th May, 2014. Mr.Mr.Mr.Mr.Appearance: K. Thakar, Adv.D.Basu, Adv.Chayan Guypta, Adv.Arun Kr. Mishra, Adv.A desperate attempt is made by the applicant to wriggle out from the proceeding initiated under Section 138 of the Negotiable Instruments Act by the Company for dishonour of the cheque issued by the applicant in favour of the Company. The applicant is subjected to the provisions of Section 138 of the N.I.Act and taking advantage of striking off the name of the Company from the register of the Registrar of Companies, a plea was taken for dismissal of the proceedings commenced before the Criminal Court. The Company, whose name was struck off from the register of Registrar of Companies, filed an application under Section 560(6) of the C...
M/S. Karam Chand Thapar and Bros. (C.S.) Ltd. and anr. Vs. Employees S ...
Court: Kolkata
Decided on: May-08-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen W.P.129 of 2011 With W.P.646 of 2013 M/s. Karam Chand Thapar & Bros. (C.S.) Ltd. & Anr. Vs. Employees State Insurance Corporation & Ors. For the petitioners : Mr. D.N. Ray, Mr. B. Das, For the Respondent Nos.1,2 & 3 : Mr. Soumitra Banerjee For the Respondent No.4 : Mr. Pronab Kr. Dutta Heard on :28. 01.2014, 14.02.2014, 21.02.2014, 14.03.2014, 29.04.2014. 05.05.2014 Judgment on :8. h May, 2014 Soumen Sen, J.:- The hearing of both the writ petitions are taken up together. The writ petitioner has filed W.P.129 of 2011 for canceling and/or revoking and/or rescinding the order dated December 23, 2010, passed by the Officer on special duty Additional Chief Secretary, Labour Department, Govt. of West Bengal in declining to extend exemption under Section 87 and/or 88 of the Employees State Insurance Act, 1948 (hereinafter referred to as E.S.I. Act. as it appeared to the said au...
Srei Equipment Finance Ltd Vs. Nagraj T.B. and anr
Court: Kolkata
Decided on: May-08-2014
1 ORDER SHEET APOT No.195 of 2014 GA No.1236 of 2014 AP No.1215 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD Versus NAGRAJ T.B.AND ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th May, 2014. Appearance: Ms.Rituparna Majumder, ld. Advocate For the appellant. The Court :- Despite service none appears to oppose this appeal. Hence, we proceed exparte. Parties entered into a loan transaction whereby a sum of Rs.7.27 respondent to lac the is still appellant. due The and payable learned by Single the Judge directed the Receiver to make an inventory. The Receiver did so. His Lordship discharged the Receiver. Hence this appeal. Ms.Rituparna Majumder, learned Counsel appearing for the appellant, submits, if the respondent is not put to terMs.the equipment would be in jeopardy. Ms.Majumders argument sounds logical. We allow the appeal in part by modifying the order of the learned Single Judge by ...
Shabbir Alam and ors. Vs. Shamshad Alam and ors.
Court: Kolkata
Decided on: May-08-2014
ORDER SHEET GA1438of 2014 With CS765of 1990 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHABBIR ALAM & ORS.Versus SHAMSHAD ALAM & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th May, 2014. Mr.R.Ghosh, Adv.Mr.Chyan Gupta, Adv..for the petitioner. The Court: In a suit for declaration and accounts relating to a Wakf Estate the plaintiffs sought protection in respect of flat no.22 on the 2nd floor on Siddiq Mansions, P-233, Park Street, Kolkata- 700017. It was submitted on behalf of the petitioner that one Mr.K.Samuel Verghese since deceased had left the flat taking all her belongings. The flat was lying vacant. The plaintiffs apprehended that such vacant flat would be wrongfully occupied unless protected. The plaintiffs served the Joint Receivers appointed by the order dated September 10, 1991 to collect rent issued and profits from the premises and to take possession of the vacant rooMs.The Joint Receivers were present in Court and submitted...
Rohit Ferro Tech Ltd and ors. Vs. Settlement Commission and ors.
Court: Kolkata
Decided on: May-08-2014
ORDER SHEET W.P.No.393 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ROHIT FERRO TECH LTD & ORS.Versus SETTLEMENT COMMISSION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th May, 2014. Appearance : Mr.Sudhir Mehta, Adv.Mr.R.N. Das, Adv.MRS.Santa Mitra, Adv.The Court : The matter involves an interesting point of law relating to the interpretation of the provisions contained under Section 32O of the previously invoked Central Excise Act 1944. The petitioner the provisions pertaining to the settlement commission and have been exonerated from being prosecuted upon imposition of penalty. A further show cause notice was issued upon the petitioner alleging the non-payment of the duty leviable on the transactions made by the petitioner. The petitioner further approached the settlement commission in taking out an application under section 32E of the Central Excise Act making a full and true disclosures and deposited the duty in compliance of the ...
Krishan Kumar Mangla and Another Vs. Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: May-08-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: Honble Justice Soumitral Pal W.P.No.222 of 2014 Krishan Kumar Mangla and Another Versus Kolkata Municipal Corporation and Others For the PetitioneRs.Mr.Probal Mukherjee, Advocate Mr.S.Sen, Advocate. For the Kolkata Municipal Corporation: Mr.Barin Banerjee, Advocate Mr.D.Mondal, Advocate For the Respondent No.6: Mr.Amitava Das, Advocate Judgment on: 8th May, 2014 Soumitra Pal, J:In this writ petition the petitioners have challenged the order dated 14th February, 2014 passed by the Municipal Building Tribunal affirming the order dated 15th November, 2011 passed by the Special Officer (Building).Kolkata Municipal Corporation, directing demolition of the construction, - a portiCo.- found to have been raised unauthorisedly. Mr.Prabal Kumar Mukherjee, learned advocate appearing on behalf of the petitioner, relying on the writ petition submitted that as the construction was completed in the year 1982, that i...
Srei Equipment Finance Limited Vs. T. Madhava Rao
Court: Kolkata
Decided on: May-08-2014
AP No.73 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus T. MADHAVA RAO BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th May, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondent is not represented despite being made aware of the offer received of Rs.15.20 lakh for the two assets that have been taken possession of by the receiver. The petitioner says that since a substantial sum remains due, the receiver should be directed to take possession of the other assets covered by the agreement. Since the respondent shows no interest in the matter, the sale of the two caterpillar excavators is confirmed in favour of Vijetha Engineering of Hayatnagar, Hyderabad at Rs.15.20 lakh, subject to the entire consideration being paid by way of a demand draft or bankers cheque or like instrument, not being a personal cheque, in favour of the petitioner within a fortnight from date. The receiver will hand over s...
Srei Equipment Finance Private Limited Vs. Mr. Sankar Mandal and anr.
Court: Kolkata
Decided on: May-08-2014
AP No.661 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus Mr.SANKAR MANDAL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th May, 2014. Mr.Swatarup Banerjee, Adv.appears The Court : A supplementary affidavit has been filed by the petitioner enclosing the minutes of the Receivers meeting conducted on May 7, 2014. Since it appears that the Receiver has not been given any police protection despite the threats and intimidation by or on behalf of the respondents, the petitioner will cause a copy of this order to be placed before the highest police authorities in the State of Bihar to ensure the immediate safety and safe passage of the Receiver. The petitioner and the Receiver will be entitled to seek police assistance and the Superintendent of Police exercising jurisdiction over the area should render all assistance both for the Receiver to carry out the order and to ensure the safety and safe return of the...
Sabi Kora and anr. Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: May-08-2014
WP No.400 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction SABI KORA AND ANR. Versus COAL INDIA LTD.AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th May, 2014. Appearance: Mr.Partha Ghosh, Adv.Ms.Sanchita Barman Roy, Adv.The Court : This is an outrageous petition carried sixteen years after the death of an employee for appointment on compassionate grounds. There appears to be a veritable racket in compassionate appointment matteRs.At the time that the fiRs.petitioners husband died in 1998, he was survived by his widow and three sons. Two of the sons were eligible for appointment and their names were maintained on the live roaster of the concerned coal company. The family nominated the second son of the deceased employee to obtain the appointment but took no steps for more than a decade thereafter. Some time after 2011, the fiRs.petitioner sought an appointment to be made in favour of the third son who was minor at the time of death of his father. Fol...
Mangat Ram Rana and ors. Vs. All India Union Bank Officers and ors.
Court: Kolkata
Decided on: May-08-2014
ORDER SHEET GA14582014 APOT2252014 CS2452013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MANGAT RAM RANA & ORS.Versus ALL INDIA UNION BANK OFFICERS & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th May, 2014. Mr.Joy Saha, Advocate Mr.Subhojit Saha, Advocate for the appellant. Mr.S.N.Mitra, Sr.Advocate Mr.Arindam Mukherjee, Advocate Mr.Sudip Pal Chowdhury, Advocate for the respondent nos.1 and 4. Mr.Reetobroto Mitra, Advocate for the respondent no.3. Mr.Aryak Dutta, Advocate for the respondent no.2. The Court : The dispute would relate to an election of a Bank Union. The employees of Union Bank of India are entitled to carry on their trade union activity through the federation to be elected every three years as per the rules. The subject election was held in 2013 for three yeaRs.The appellants being the plaintiffs in the suit would allege various illegalities and irregularities that surfaced in the election...
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