Kolkata Court May 2014 Judgments
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Tata Motors Finance Limited Vs. Md. Pervez and anr.
Court: Kolkata
Decided on: May-15-2014
AP No.730 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TATA MOTORS FINANCE LIMITED -VersusMd.PERVEZ & ANR. Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 15, 2014. The Court : The respondents are not represented despite deemed service and despite Advocates for the respondents in the suit filed in the City Civil Court being informed of the present proceedings. The petitioner claims that a sum in excess of Rs.23 lakh is due upon the termination of the agreement, including a sum in excess of Rs.8 lakh on account of the defaulted instalments. The petitioner says that the respondents have instituted a vexatious suit in the City Civil Court and have obtained an ex parte order of injunction restraining the petitioner from taking possession of the asset covered by the agreement. The petitioner also points out that the suit Court has passed an interlocutory order modifying the quantum ...
Re: Syed Manzur Elahi Vs. Hongkong and Sanghai Banking Corporation Ltd ...
Court: Kolkata
Decided on: May-15-2014
GA No.2459 of 2013 with PLA No.116 of 2012 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION In the goods of: Syed Abool Soor (Decd) And Re: Syed Manzur Elahi Versus Hongkong & Sanghai banking Corporation LTD.Before: The Hon'ble Justice I.P.MUKERJ.Date: 15th May 2014 Appearance: Mr.P.K. Das, Sr.Advocate Md.Hafizullah, Advocate for the petitioner Mr.Sannay Das, Advocate Mr.P.Banerjee, Advocate for HSBC The Court: After hearing learned counsel for the applicant and HSBC, this application is disposed of by the following order: (i) In view of the existing order of this Court dated 1st October 2013, the Foreign Exchange Management Act, 1999 and the various regulations regulating opening and maintaining of accounts by a resident of Bangladesh, the Advocate-on-Record for the petitioner will open an account in the self-same branch of HSBC where the deceased was holding an account. The bank will close the account of the deceased and transfer the proceeds to the account of the ...
M/S. Krishna Shipping Agency and anr. Vs. Commissioner of Customs (Air ...
Court: Kolkata
Decided on: May-15-2014
ORDER SHEET W.P.397 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.KRISHNA SHIPPING AGENCY AND ANR. Versus COMMISSIONER OF CUSTOMS (AIRPORT & ADMN).ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 15th May, 2014. Appearance : Mr.Pranab Dutta, Adv.Mr.Biswajit Mukherjee, Adv. for the petitioner Mr.R.Bharadwaj, Adv.MRS.Santa Mitra, Adv. for the respondent. The Court : The order in original dated 23rd of April 2014 passed by the Commissioner of Customs (Airport and Administration).Customs House, Kolkata under regulation 22 of the Customs House Agents Licensing Regulations 2004 is assailed by the petitioner in this writ petition primarily on the ground of violation of principles of natural justice and non adherence of the procedure required by the disagreeing with the enquiry report. disciplinary authority while The authority granted a licence to the petitioner to the act as customs aforesaid house regulation. agents The under the commissioner R...
Shib Nath Banerjee Vs. Smt. Dayamoyee Devi and ors.
Court: Kolkata
Decided on: May-15-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak G.A.No.1200 of 2014 C.S.No.76 of 1999 Shib Nath Banerjee versus Smt. Dayamoyee Devi & ORS.For the Plaintiff : Mr.Rupak Ghosh, Advocate Mr.Debdut Mukherjee, Advocate For the Defendant No.4 : Mr.Shymal Chakroborty, Advocate Heard on : May 13, 2014 Judgment on : May 15, 2014 DEBANGSU BASAK, J. The suit was for partition of two immovable properties. A preliminary decree was passed in the suit on July 10, 2002. The Defendant No.1 died on June 14, 2006 and the Defendant No.3 died on February 2, 2012. The plaintiff applied for recording the death of the deceased defendant and for setting aside abatement and consequential amendment to the plaint by the present application. It was contended on behalf of the plaintiff that, the death of the deceased defendants were required to be recorded. Amendments consequential to the death of the defendants were required to be made in th...
Smt.Gita Dey and ors. Vs. Smt.Nalini Bala Dey and ors.
Court: Kolkata
Decided on: May-15-2014
ORDER SHEET GA No.1410 of 2014 With CS No.911 of 1988 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT.GITA DEY & ORS.Versus SMT.NALINI BALA DEY & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 15th May, 2014. Appearance: Mr.Ram Behari Prosad, Adv.Mr.Sakya Sen, Adv.Mr.Priyankar Saha, Adv.Mr.P.C.Paul Chowdhury, Adv.Mr.A.Chatterjee, Adv.Mr.Ramdulal Manna, Adv.The Court: The defendant no.3 applied for recalling of the judgment and order dated April 4, 2014 passed by me. It was contended on behalf of the defendant no.3 that GA No.2740 of 2012 was appearing in the cause list of the Honble Justice I.P.Mukerji on March 3, 2014. The defendant no.3 did not have notice of this application appearing before me and as such the defendant no.3 did not have any opportunity to contest the proceedings. It was also contended on behalf of the defendant no.3 that I did not have determination to dispose of GA No.2740 of 2012. On behalf of the defendant no.18(a) to ...
Uco Bank Vs. Saumyendra Roy Chaudhury and ors.
Court: Kolkata
Decided on: May-15-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Honble Justice Mr.Ashim Kumar Banerjee And The Honble Justice Mr.Arijit Banerjee APO360of 2013 CS212of 2013 UCO Bank -Vs.Saumyendra Roy Chaudhury & ORS.For the appellant : Mr.Anindya Kr. Mitra, Sr.Adv.Mr.Debdutta Sen, Adv.Mr.Utpal Bose, Adv.For respondents 5, 6, 7 : Mr.Bimal Chatterjee, Ld Adv.Gen. For respondent No.1 Mr.S.N. Mookherjee, Sr.Adv.: Mr.Ratnanko Banerji, Adv.Mr.Shaunak Mitra, Adv.Mr.Siddhartha Sharma, Adv.Mr.Tarun Aich, Adv.Ms.Urmila Chakraborty, Adv.10th, 12th, 13th, 14th, 18th, 19th and 20th March, Heard on : 2014 Judgment On : 15/05/2014 Arijit Banerjee, J. The rules and regulations of UCO Bank, the appellant herein provided for representation of the share-holders on the Board of Directors of the Bank in the form of share-holder directORS.The decision of the Nomination Committee rejecting the nomination of the respondent No.1 for election to the Board of the Bank in the category of a s...
Ltd. Vs. Newsprint Trading and Sales
Court: Kolkata
Decided on: May-15-2014
E.C.No.126 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MESSRs.INDIA MEDIA SERVICES PVT.LTD.-VersusNEWSPRINT TRADING & SALES CORPORATION & ORS.Appearance: Mr.Jishnu Saha, Adv.Mr.P.Sancheti, Adv.Mr.K.R.Thakkar, Adv.Mr.S.K.Kapur, Sr.Adv.Mr.Ajay Krishna Chatterjee, Sr.Adv.Mr.Aniruddha Roy, Adv.Before: The Honble Justice SANJIB BANERJEE Date: May 15, 2014. The Court: It is submitted on behalf of Indian Express Publications (Madurai) Limited, the judgment-debtor, that it is no longer in a position to resist the implementation of the consent decree or any order for the possession of the Hyderabad property at premises Municipal No.1-2-528 to 1-2-591 Lower Tank Bund Road, Hyderabad 560029 under Town Survey No.6/1, 6/2 and 6/3, Block A, Ward 55, Gaganmahal Hyderabad. Village, Mushirabad Taluk, Himayatnagar Mandal, The decree-holder says that the decretal premises may be encumbered and it is necessary that the possession is obtained by a receiver or a ...
Birendra Nath Saha and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-15-2014
ORDER SHEET TA No.78 of 2014 APOT No.239 of 2014 WP No.402 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BIRENDRA NATH SAHA & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 15th May, 2014 Mr.Debabrata Saha Roy, Adv.with Mr.Pingal Bhattacharjee, Adv.Mr.Arindam Deb Roy, Adv..for the appellants Mr.Susovon Sengupta, Adv.with Mr.Subir Pal, Adv..for the respondents This application has been filed in connection with the appeal preferred from the judgment and order dated 7th May, 2014 whereby a learned Judge of this Court directed the parties herein to file affidavits in connection with the writ petition but refused to pass any interim order. The learned Advocate representing the appellants/petitioners submits that the respondent authorities should allot levy sugar in favour of the appellants/petitioners in terms of the agreement. The learned Advocate representing ...
Kalyan Biswas Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: May-15-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.292 of 2012 Kalyan Biswas Versus Kolkata Municipal Corporation & ORS.For the petitioner : Mr.Mr.Mr.Mr.L.C. Bihani, Sr.Advocate N.C.Bihani, Advocate L.K.Chatterjee, Advocate A. Mishra, Advocate For the respondents : Mr.Ashoke Kumar Banerjee, Sr.Advocate and Government Pleader Ms.Tanushree Dasgupta, Advocate Mr.Jayanta Mohanti, Advocate Heard on : 21.01.2014 and 11.02.2014 Judgement on : 15.05.2014 The Court : By this petition the petitioner has prayed for a writ in the nature of Mandamus commanding the respondents to withdraw and cancel the order dated February 29, 2012 which has been annexed to the writ petition as Annexure P-8, a writ in the nature of Mandamus commanding the respondents to forthwith allow the relevant flat of the petitioner to be converted into freehold from leasehold and to allow mixed occupancy in respect of the same and for other rel...
Shrayans JaIn and ors. Vs. Saraf Infra Projects Ltd. and ors.
Court: Kolkata
Decided on: May-15-2014
TA No.80 of 2014 T No.169 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHRAYANS JAIN & ORS.Versus SARAF INFRA PROJECTS LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 15th May, 2014. Appearance: Mr.S.N.Mookerji, Sr.Advocate Mr.Ratnanko Banerjee, Advocate Mr.Lokenath Chatterjee, Advocate Mr.Saubhik Chowdhury, Advocate Mr.Debanjan Ghosh, Advocate for the petitioners Mr.Pratap Chatterjee, Sr.Advocate Mr.Jayjit Ganguly, Advocatre Mr.Tarique Quasimuddin, Advocate Ms.Sanchita Chaudhuri, Advocate for the defendant Nos.1 & 10 The Court: An affidavit of service is taken on record. Mr.S.N.Mookerji, learned Senior Advocate for the plaintiffs, submits that there is due service. There is a dispute with regard to two properties. One is located in the Hastings area of Kolkata, where a luxury hotel Radisson Blu is proposed to be set up. The other is in Tangra, in the same city. Several companies are involved which are arrayed as plaintiffs and defend...
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