Kolkata Court May 2014 Judgments
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Goutam Ray Vs. Debendra Bajoria and ors.
Court: Kolkata
Decided on: May-13-2014
ORDER SHEET CS No.129C of 1996 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GOUTAM RAY Versus DEBENDRA BAJORIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 13th May, 2014. Appearance: Mr.S.K.Kapoor, Sr.Adv.Mr.A.K. Chatterjee, Sr.Adv.Mr.Aniruddha Roy, Adv.Mr.Biswanath Chatterjee, Adv.For the plaintiff. Mr.Sannoy Das, Adv.Ms.Ruby Jaiswal, Adv.For the respondent no.5. The Court :- The parties suggest issues to be framed for trial. The issues are framed as follows:1(a) Did Sailendra Nath Roy have any power under the Deed of Trust dated 8th March, 1951 created by Amarendra Nath Roy to transfer or convey or alienate any of the trust properties by way of gift as alleged in paragraph 5B of the additional written statement of the defendant No.1 and paragraph 1E of the additional written statement of the defendant no.3?. (b) Did the plaintiff cease to have any interest in the trust property being premises No.24/2, Alipore Road, Kolkata, [`the suit p...
Maskara Infrastructure Pvt. Ltd. Vs. Diamond Shipping Co. Ltd. and ors ...
Court: Kolkata
Decided on: May-13-2014
ORDER SHEET TA NO.74 OF2014WITH T NO.163 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MASKARA INFRASTRUCTURE PVT.LTD.Versus DIAMOND SHIPPING Co.LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th May, 2014. Mr.A.Chowdhury, senior advocate, Mr.R.Banerjee, Mr.S.Mitra, Mr.S.Ghoshappear. Mr.K.Chatterjee, Mr.A.Bhaumikappear. Mr.R.Ganoo, Ms.S.Basuappear. Mr.S.K.DasappeaRs.The Court : This dispute arises out of an international sale. It is a CIF contract under which the plaintiff promised to sell 5% broken parboiled rice [non-basmati rice]., to buyers in West Africa. The case of the plaintiff is that in spite of payment of freight and container charges to the defendants, the bill or bills of lading are not being released to the plaintiff for transmission to his buyer in West Africa, to take delivery of the goods. From the evidence on record, namely, invoice and payment documents it is clear that the plaintiff has paid the entire freight and ...
Albeli Fashions Pvt Ltd Vs. Intex India Trading Co Pvt Ltd
Court: Kolkata
Decided on: May-13-2014
1 ORDER SHEET ACO No.83 of 2014 APOT No.232 of 2014 CP No 812 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ALBELI FASHIONS PVT LTD Versus INTEX INDIA TRADING CO PVT LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th May, 2014. Appearance:Mr.Utpal Bose, Mr.Debmalya Ghosal And Mr.Pradip Jewrajka, ld. Advocates For the appellant. Mr.Sakya Sen, Mr.Nirmalya Dasgupta And Mr.P.Changia, ld. Advocates For the respondent. The Court :- Parties had a loan transaction. The appellant would contend, it was a long term loan. So long as the appellant would service the interest, the respondent would not principal. The learned contention and directed petition. published. We are told, insist Company admission upon Judge refund of rejected of the winding advertisement has since the such up been We appearing have for heard the Mr.Utpal appellant and Bose, Mr.learned Sakya Counsel Sen, learned Counsel appearing for the respondent. Mr.B...
Puran Mal Agarwal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-13-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti May 13, 2014 WP512of 2013 Puran Mal Agarwal versus State of West Bengal & ORS.MRS.Nibedita Pal, Advocate with Mr.Ramesh Kumar Dhara, Advocate for the petitioner MRS.Chama Mukherjee, Advocate with Md.T.M.Siddiqui, Advocate for the State The Court :- The order impugned in the present writ petition was passed by the Joint Director of Rationing, Kolkata (North) i.e.the respondent no.3 herein on May 17, 2013. The grievance of the petitioner is that he was the owner of Fair Price Shop No.2851 located in Bowbazar Sub-area. At one point of time about 4700 ration cards were tagged with the shop but at present he has only 1142 cards. According to him this is not economically viable for him to run the ration shop with only 1142 cards. Therefore, he wanted about 1000 more cards, so that he can really run the fair price shop. The petitioner made a representation for en...
Jayanti Dhar Quader Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-13-2014
ORDER SHEET WP No.389 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAYANTI DHAR QUADER Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 13th May, 2014 Ms.Rina Banerjee, Advocate ..for the petitioner Mr.Sabhyasachi Roy Chowdhury, Advocate ..for the respondents The petitioner was a panel advocate of the State of West Bengal since 1998 till May, 2011. She is aggrieved because the bills raised by her for professional services rendered have not been cleared. I have heard learned advocates for the parties. It is not in dispute that the petitioner had been an empanelled advocate for nearly 13 yeaRs.In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent she is not entitled to the fees charged by her and to release such quantum of payment to the petitioner, as are found to be admissible. That wo...
M/S Emdee Procon (India) Pvt. Ltd. Vs. M/S Chopra Technocare Pvt. Ltd.
Court: Kolkata
Decided on: May-13-2014
AP No.542 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S EMDEE PROCo.(INDIA) PVT.LTD.Versus M/S CHOPRA TECHNOCARE PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 13, 2014. Appearance: Ms.Sarmila Das, Adv.The Court : The name of the fiRs.petitioner should be deleted and the cause title of the matter in the computer department should be corrected to reflect the second petitioner as the sole petitioner. An agreement was entered into by and between the petitioner and the respondent on April 23, 2012 by which the respondent was engaged for data collection in connection with a socio-economic and caste census. The agreement contains an arbitration clause to the effect that if the disputes were not settled amicably within ninety days of a written notice of the existence of disputes given by one party to the other, they would be settled by arbitration. Disputes arose between the parties in January, 2013 and letters were exchanged. No ...
M. L. Dalmiya and Co. Ltd. Vs. Birla Power Solutions Ltd.
Court: Kolkata
Decided on: May-13-2014
GA No.1109 of 2014 with CS No.266 of 2012 GA No.813 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION M.L.Dalmiya & Co.LTD.Versus Birla Power Solutions LTD.Before: The Honble Justice I.P.MUKERJ.Date: 13th May 2014 Appearance: Mr.Abhrajit Mitra, Advocate Mr.Chayan Gupta, Advocate Mr.C.Chunder, Advocate for the plaintiff for the decree-holder Mr.Debdut Mukherje, Advocate Mr.M.Mukherjee, Advocate For the defendant The Court: Mr.Mukherjee appearing for the defendant submits that he has received instruction by an e-mail dated 10th May 2014, which is very vague and does not answer the questions to be answered by the existing orders of this Court. I agree. Mr.Mukherjee prays for leave for himself as well as for his Advocate-on-Record to retire from this matter. Such leave is granted. It appears from his submission that the defendant is fully aware of the contents of this courts ordeRs.In those circumstances, I appoint Mr.R.N. Bandopadhyay, Advocate of Bar Association ...
Magma Fincorp Limited Vs. Brahmaputra Infrastructure Ltd. and anr.
Court: Kolkata
Decided on: May-13-2014
AP AP AP AP AP AP AP No.710 No.711 No.712 No.713 No.714 No.715 No.717 of of of of of of of 2013 2013 2013 2013 2013 2013 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus BRAHMAPUTRA INFRASTRUCTURE LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th May, 2014. Appearance Mr.J.Chowdhury, Adv.The Court : The respondents are not represented despite previous service. These are petitions under Section 9 of the Arbitration and Conciliation Act, 1996, that remain pending for nearly a year. The petitions were kept pending despite a settlement being executed between the parties in September, 2013 and the petitions were revived earlier this year upon there being a default in payment in terms of the settlement agreement. These petitions have not been filed afresh after the default. The Court ought to have ascertained at the time that these petitions were revived as to how the petitions were kept pending despite a sett...
Ashim Guha Thakurata and ors. Vs. Benoy Kumar Chatterjee
Court: Kolkata
Decided on: May-13-2014
GA No.1121 of 2014 CS No.943 of 1982 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ASHIM GUHA THAKURATA & ORS.Versus BENOY KUMAR CHATTERJEE BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th May, 2014. Appearance: Mr.Santanu Chatterjee, Advocate Mr.Gautam Chakraborty, Advocate Mr.Amar Nath Ganguly, plaintiff No.1 appears in person The Court: The application, GA No.1366 of 2014 is treated as on the days list and disposed of by allowing Mr.Amar Nath Ganguly to file his vokalatnama in favour of plaintiff Nos.1, 2, 3 & 4. The erstwhile Advocate on record for the plaintiffs, Mr.Ajoy Roy, is directed to hand over all papers to Mr.Ganguly within 6th June, 2014. With regard to the application taken out by the defendants heirs for substitution and amendment (GA No.1121 of 2014).Mr.Ganguly points out some mistakes made while suggesting the amendments. For example in paragraph 1 of the plaint it is said in June 1980 the defendant had invited deposit of money. No...
Sri Sankarshan Pvt Ltd Vs. Kmc and ors
Court: Kolkata
Decided on: May-13-2014
ORDER SHEET GA14622014 APOT2352014 CS662008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Sr.SANKARSHAN PVT LTD Versus KMC AND ORS BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th May, 2014. Mr.Ranjan Deb, Sr.Advocate Mr.Ashish Chakraborty, Advocate Mr.R.L.Mitra, Advocate Ms.Priyanka Dhar, Advocate for the appellant. Mr.P.S.Bose, Sr.Advocate Mr.Alok Ghosh, Advocate Mr.Gopal Chandra Das, Advocate for the KMC. The Court : The appellant filed the suit, inter alia, challenging the distress warrant that the Corporation issued for unpaid tax. The learned Judge initially directed payment of Rs.30 lakhs that the Corporation kept in a suspense account. Subsequently, the learned Judge directed deposit of another Rs.17lakhs with the Registrar, Original Side that the appellant did. The suit has now come up for hearing. Pertinent to note, the appellant came at a stage when the dues was to the extent of Rs.1.15 crores inclusi...
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