Kolkata Court June 2014 Judgments
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Uniza MoIn Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Jun-25-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Aniruddha Bose June 25, 2014 WP370of 2014 Uniza Moin versus CESC LTD.& ORS.Mr.D.Banerjee, Advocate with Mr.Sarosi J. Dasgupta, Advocate for the petitioner Ms.Rita Mukherjee, Advocate for the CESC The Court :- Complaint of the writ petitioner in this proceeding is that in spite of her willingness to pay the amount assessed as dues against her, CESC LTD.is not reconnecting her supply and in fact has declined to accept the assessed dues. The petitioners supply was disconnected on September 30, 2013 on the allegation that supply of electricity was being effected to another defaulting consumer Moinuddin ShaMs.from her meter. The authority has assessed her dues for 301 units consumed through Meter No.4739531 which is her own meter. Along with Government dues, the dues come to Rs.1,339/. On behalf of the licensee, it has been alleged that there was charge of tampering against Moinuddin Sh...
Joydurga Library Vs. the C.i.T. Kolkata Xii
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET I.T.A.No.695 of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE JOYDURGA LIBRARY Versus THE C.I.T.KOLKATA XII BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 25th June, 2014. Appearance : Mr.Moloy Dhar, Adv. for the Appellant Mr.Ranjan Sinha, Adv. for the Respondent The Court : The subject matter of challenge in this appeal is a judgement dated 15th June, 2004 by which the learned Tribunal dismissed assessee had filed an appeal a return preferred for the by the Assessment assessee. Year The 1997-98 claiming deduction on account of insurance premium paid in order to insure the life of the partners under the keyman insurance scheme. The particulars of the lives insured furnished by the Life Insurance Corporation of India by their letter dated 16th August, 2004 are as follows ; to protect financial loss by risk-cover of partners and systematic funding. We do also confirm that all these two proposals...
Sethi Constructions Vs. Kolkata West International City Private Limite ...
Court: Kolkata
Decided on: Jun-24-2014
IN THE HIGH COURT AT CALCUTTA ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP No.830 of 2012 SETHI CONSTRUCTIONS -VERSUS- KOLKATA WEST INTERNATIONAL CITY PRIVATE LIMITED For the Petitioner: Mr Ratnanko Banerji, Sr Adv., Mr Reetobrata Mitra, Adv., Mr Dipayan Chowdhury, Adv., Mr Suvradal Chowdhury, Adv., Mr Soumya Bhattacharjee, Adv., Ms Priyanka Chowdhury, Adv., Mr Rudrajit Sarkar, Adv.For the Respondent: Mr Ranjan Bachawat, Sr Adv., Mr Debnath Ghosh, Adv., Mr Shuvasish Sengupta, Adv., Mr Arindam Guha, Adv., Mr S. Roychowdhury, Adv.Hearing concluded on: June 19, 2014. BEFORE SANJIB BANERJEE, Judge Date: June 24, 2014. SANJIB BANERJEE, J. : In the respondent resisting the constitution of the arbitral tribunal as invited by the petitioner, several fundamental issues have been raised, some going to the cutting-edge of arbitration law. The respondent insists that the present request under Section 11 of the Arbitration and Conciliation Act, 1996 is not maintainable in view of both the provisio...
Srei Equipment Finance Ltd. Vs. Baba Nanak Sars Infrastructure (P) Ltd ...
Court: Kolkata
Decided on: Jun-23-2014
AP AP AP AP AP AP No.No.No.No.No.No.241 242 243 244 247 248 of of of of of of 2014 2014 2014 2014 2014 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side SREI EQUIPMENT FINANCE LTD.Versus BABA NANAK SARS INFRASTRUCTURE (P) LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 23, 2014. Appearance: Mr.Utpal Bose, Adv.The Court : The respondent is not represented despite previous service. The petitioner says that a sum in excess of Rs.3.77 crore is due from the respondent only on account of defaulted instalments in respect of the assets covered by the six agreements. The respondent had indicated to the petitioner that the assets covered by the agreements were lying at the premises of Western Coalfields Limited near Nagpur. The petitioner, accordingly, sought a direction for the possession of the assets covered by the agreements to be taken over so that they could be sold and a substantial part of the petitioners claim satisfied. Since the assets w...
Srei Equipment Finance Ltd. Vs. Bishnu Chand Choudhary
Court: Kolkata
Decided on: Jun-23-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.1590 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1591 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1594 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.1595 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1596 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.13 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.68 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND2AP No.69 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.74 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.75 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 23, 2014. Appearance: Mr.S.Banerjee, Adv.Mr.Supra...
Magma Fincorp Ltd Vs. Bridgegap Equipments Pvt Ltd and anr.
Court: Kolkata
Decided on: Jun-20-2014
AP No.541 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD Versus BRIDGEGAP EQUIPMENTS PVT LTD & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th June, 2014. Appearance: Mr.K.K. Pandey, Adv.The Court : The respondents are not represented despite previous service and despite being represented when the matter was taken up on April 11, 2014. By an order of May 2, 2014, the respondents were directed to make payment of a further sum of Rs.5 lakh to ward off the receiver taking possession of the assets covered by the agreement. Such payment has not been made despite the respondents being made aware of the order, though an amount of Rs.6 lakh out of the then defaulted amount in excess of Rs.17 lakh had been paid by the respondents in terms of the order dated April 11, 2014. The petitioner says that the petitioner is not aware of the whereabouts of the asset covered by the agreement and seeks an order restraining the respond...
Magma Fincorp Limited Vs. Srinivas Kesineni and anr.
Court: Kolkata
Decided on: Jun-20-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.4 of 2014 MAGMA FINCORP LIMITED Versus SRINIVAS KESINENI & ANR. And AP No.43 of 2014 MAGMA FINCORP LIMITED Versus KESINENI SRINIVAS & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th June, 2014. Appearance: Mr.P.Sinha, Adv.Mr.Rishad Medora, Adv.The Court : The parties are agreed that upon the respondents making good the defaulted instalments by paying the amounts covered by the instalments together with interest at the rate of 12 per cent per annum for the period of delay, the notices of termination issued by the petitioner would be regarded as cancelled and the awards that have been passed in the connected references would be deemed to be set aside. Upon the entire amount covering the defaulted instalments and the agreed interest thereon being paid off by the respondents to the petitioner, the agreements will run their tenure on the original terMs.It is also submitted by the petitioner t...
Rashmi Metaliks Ltd and anr. Vs. the Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Jun-20-2014
ORDER SHEET T217of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RASHMI METALIKS LTD & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 20th June, 2014. For Petitioner : Mr.Jishnu Chowdhury,Advocate Mr.S.S.Banerjee,Advocate Mr.P.K.Srvastava,Advocate Mr.Arif Ali,Advocate Mr.A.Basu,Advocate Ms.A.Saha,Advocate For KMC : Mr.Ashoke Kumar Banerjee, learned Govt.Pleader Mr.Biswajit Mukherjee, Advocate Mr.Arijit Dey,Advocate For added respondent : Mr.Anirban Roy,Advocate Mr.Shaunak Mitra,Advocate Mr.Vivek Jhunjhunwala,Advocate The Court : Let affidavit in opposition to the writ petition be filed by 18th July, 2014. Reply thereto, if any, by 25th July, 2014. So far as the prayer for interim order is concerned, relying on the judgements of the Supreme Court in Mohinder Singh v. Chief Election Commissioner: AIR1978SC851 M/s Star Enterprises & Ors.v.City and Industrial Development Corporation of Maharashtra LTD....
Mrs. Talat Alam Vs. Mrs. Hajra Parveen
Court: Kolkata
Decided on: Jun-20-2014
ORDER SHEET CS No.245 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MRS.TALAT ALAM Versus MRS.HAJRA PARVEEN BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th June, 2014. Appearance: Mr.Debdutta Sen, Adv.MRS.Suchishmita Chatterjee (Ghosh).Adv.Mr.M.K.Seal, Advocate-on-Record. .for the plaintiff. Mr.P.C.Paul Chowdhury, Adv.Mr.D.N.Mukherjee, Adv.The Court: The partition commissioner has filed an interim report in relation to three properties, namely, a) Premises No.5, Sharif Lane, P.S.Park Street, Kolkata 700016, b) Premises No.21, Alimuddin Street, P.S.Park Street, Kolkata 700016, c) Premises No.11B Sandal Street, P.S.Park Street, Kolkata 700016. This report has been accepted by all the parties. Mr.P.C.Paul Chowdhury, learned Counsel appearing on behalf of the defendant, submits that the plaintiff has deposited a sum of Rs.1.50 lakhs with the defendant in order to facilitate the construction of a Kitchen and another Laboratory for the use of the...
Sri Basant Kumar Chirimar and anr. Vs. Credence Trexim Pvt. Ltd. and o ...
Court: Kolkata
Decided on: Jun-20-2014
ORDER SHEET ACO1052014 APOT2952014 CP5372013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Sr.BASANT KUMAR CHIRIMAR & ANR. Versus CREDENCE TREXIM PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th June, 2014. Mr.K.R.Thakkar, Advocate Mr.D.Basu, Advocate Mr.S.Chakraborty, Advocate for the appellant. Mr.Chayan Gupta, Advocate Mr.A.K.Mishra, Advocate for the respondent. The Court : The appellant no.1 issued a cheque in the companys name, the respondent no.1, Credence Trexim Private Limited, for Rs.10 lakhs. The cheque was dishonoured for non-payment. It is alleged, the appellants were instrumental in getting the name of the company struck off from the roll of the Registrar of Companies to avoid appropriate proceeding under Section 138 of the Negotiable Instrument Act that was likely to be brought against the appellant no.1. The company subsequently applied for restoration under Section 560(6) of the Com...
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