Kolkata Court August 2014 Judgments
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Laxmi Srijan Pvt. Ltd. Vs. Sri Narayan Chandra Dutta and ors.
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET GA No.1577 of 2014 CS No.93 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LAXMI SRIJAN PVT.LTD.Versus Sr.NARAYAN CHANDRA DUTTA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th August, 2014. Appearance: Mr.Amitava Mukherjee, Adv.Ms.Munmun Dubey, Adv.Ms.Arpita Saha, Adv..for the petitioner. Mr.Purna Paul Chowdhury, Adv..for the defendant nos.1 to 4. The Court: The defendants have agreed to sell undivided 66.07% share in the land measuring an area of 07 Cottahs, 07 Chittaks, 11 Sq. ft. with the building standing thereon situated at 39, Nimtala Ghat Street. The plaintiff has filed the suit for specific performance of the agreement dated 18th January, 2012. The defendants do not dispute the execution of the said agreement. Mr.Purna Paul Chowdhury, learned Counsel appearing on behalf of the defendant nos.1 to 4, submits that an area of about 3.07% share in the entire property has now become disputed by reason of a probate proceed...
Mr. Gigaram M.Patel Vs. the Assistant Controller of Patents and Design ...
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET AID52012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE Mr.GIGARAM M.PATEL Versus THE ASSISTANT CONTROLLER OF PATENTS & DESIGNS & ANR. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 20th August, 2014. Mr.S.Sengupta, Adv.appeaRs.Mr.S.K.Dey, Adv.appeaRs.The Court : This is an appeal under section 19(2) of the Designs Act, 2000. The appellant had approached the Controller of Patents and Designs, Kolkata, by filing a petition for cancellation of registration of a registered design bearing no.225589 for certain grounds as stated therein. While passing the impugned order on February 13, 2012, the Assistant Controller of Patent and Designs has observed, inter alia, as follows: I find no reason why the petitioner could not produce at the hearing a complete set of the yellow page so that the date of publication could be easily ascertained. Had the original full set of the document been produced, there would have been no difficulty in identifying the date of publication. Alternat...
Pradeep Kumar Saraff Vs. Smt. Bina Devi Saraff and ors.
Court: Kolkata
Decided on: Aug-20-2014
1 GA1484of 2014 WITH CS3of 2010 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE PRADEEP KUMAR SARAFF VERSUS SMT. BINA DEVI SARAFF & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th August, 2014. Mr.Lal Ratan Mondal,Advocate appeaRs.Mr.Suvasish Sengupta,Advocate appeaRs.The Court :- Mr.Ramesh Sharma, a member of the Bar Library Club, High Court, Calcutta appointed as a Special Officer is directed to visit the premises in question and ascertain if any person by the name of Mr.Vinod Bhai Bodhra is in possession and/or occupation of any portion of the premises in question and, if so, under what arrangement and/or agreement and since when. The Special Officer shall be entitled to enquire from the Vodafone about the details of Mr.Vinod Bhai Bodhra on the basis of the bills raised by Vodafone on the said person on 28th April,2014 and in the event any enquiry is made with the Vodafone, the said company shall disclose the details to the Special Officer who shall include the same in a report t...
W. Newman and Co. Ltd. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP NO.3 OF2014W. NEWMAN & Co.LTD.Versus KOLKATA MUNICIPAL CORPORATION & ORS. WP NO.2 OF2014BLUE PRINT & ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th August, 2014. Mr.P.Chatterjee, Mr.T.Bose, Mr.P.K.Mukherjee, senior advocates, Ms.N.Mitra, Mr.A.P.Gomes, Ms.A.Jainfor petitioner. Mr.A.Banerjee, senior advocate, Addl. Advocate General, Mr.B.Banerjee, Ms.S.Chakrabortyfor KMC. Mr.S.Sen, Ms.P.Basuappear. Mr.S.Majumdar,Ms.N.Chatterjee, Ms.A.Malhotra, Mr.R.Maityfor respondent nos.10 & 11. The Court : The present owners of Great Eastern Hotel propose to reconstruct, repair, renovate and improve the frontage to the hotel together with an additional area in the occupation of tenants. Mr.Majumdar, learned advocate for the owners submits that this work will take about eighteen months from date. After hearing the submission of learned counsel for the parties,...
Mackeil Ispat and Forging Ltd. and ors. Vs. State Bank of India and or ...
Court: Kolkata
Decided on: Aug-20-2014
GA No.2560 of 2014 CS No.302 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MACKEIL ISPAT AND FORGING LTD.AND ORS.Versus STATE BANK OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th August, 2014. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Sarvapriya Mukherjee, Adv.Mr.S.C. Sirivastava, Adv.Mr.Pradeep Kumar, Adv.Mr.Chandan Kr. Lal, Adv.The Court : Mr.Ranjan Bachawat, learned counsel appearing on behalf of the petitioner, submits that the respondent no.1 bank could not stop operation of the current account being 30170434676 of the petitioner no.1 maintained with the Shakespeare Sarani Branch of the respondent no.1 and disallowing the operation of the said account by the petitioner no.1 in the usual couRs.of business. Mr.Sirivastava, learned counsel appear on behalf of State Bank of India, on instruction, submits that operation of the account has not been stopped. All cheques that have been deposited by different customers of the petitioner no.1...
L and T Finance Ltd. Vs. Zohra Khatoon and anr.
Court: Kolkata
Decided on: Aug-20-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA2252OF2014WITH APOT367of 2014 AP398of 2014 L & T FINANCE LTD.Versus ZOHRA KHATOON AND ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 20th August, 2014. Mr.Partha Banerjee, Advocate .for petitioner Mr.Varun Kedia, Advocate ..for respondents The Court :- From the records and the rival contentions it is clear that at least a sum of Rs.7 Lac is due and payable on account of defaulted instalment although the learned Counsel appearing for the appellant would make a higher claim. The learned Counsel for the respondents is not in a position to make payment of the current instalment, instead he wants, we should permit him to continue with the possession upon payment of a sum of Rs.1 Lac only taking care of the defaulted amount as well as the current instalment. According to the agreement, the monthly instalment is Rs.1,87,752/-. Considering such aspect, we cannot accede to ...
The Bengal Freemasons' Trust Association and Anr. Vs. the Commissioner ...
Court: Kolkata
Decided on: Aug-20-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA2105OF2014WITH APO215of 2014 AP312of 2014 THE BENGAL FREEMASONS' TRUST ASSOCIATION & ANR. Versus THE COMMISSIONER OF POLICE KOLKATA & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 20th August, 2014. Mr.R.L.Mitra, Advocate Ms.Priyanka Dhar, Advocate for appellants Mr.Kishore Datta, Sr.Advocate Mr.Purnasis Bhuniya, Advocate .for respondent 6 Md.Shafiul Alam, Advocate Md.Basir Layek, Advocate ..for respondents 4 & 5. Mr.Sakya Sen, Advocate Mr.Mirza Firoz Ahmed Begg, Advocate .for State The Court :- The present appeal is directed against the order dated 10th June, 2014. The appellant/petitioner claims to be a trust incorporated as a company and the second petitioner is none other than the secretary of the fiRs.appellant/petitioner. Being a trustee of the premises situated at 19, Park Street, Kolkata, the fiRs.petitioner claimed to be managing and administrating the sai...
Jahani Begum and anr.Petitioners Vs. Coal India Ltd. and ors.Responden ...
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET W.P.No.1376 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAHANI BEGUM & ANR. Versus COAL INDIA LTD.& ORS.Petitioners Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th August, 2014. For Petitioners : Mr.Subrata Ganguly, Adv.For Respondents : Mr.Alok Banerjee with Mr.S.M.Obeidullah & Mr.Nikhil Roy, Adversus There is no question of providing employment to either of the petitioneRs.Alauddin Mia, who was working in the Sitarampur area under Eastern Coalfields LTD.is the husband of the fiRs.petitioner and the father of the second petitioner. He allegedly went missing on 15th July, 1992. On 19th July, 1992, a complaint in this behalf was lodged with the local police station. On 21st June, 1999, a suit was instituted [Title Suit No.95 of 1999].by the fiRs.petitioner and other heirs of the deceased in the Court of the learned Judge, Junior Divison at Asansol claiming inter alia a declaration that Alauddin Mia was dead on the date ...
Ranabir Roy and anr. Vs. Subarna Bose and anr.
Court: Kolkata
Decided on: Aug-20-2014
ORDER GA No.2947 of 2013 CS No.344 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction RANABIR ROY AND ANR. Versus SUBARNA BOSE AND ANR. BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date: 20th August 2014. Appearance: Mr.Satadeep Bhattacharya, Advocate Mr.Rajesh Upadhyay, Advocate ...for the petitioneRs.Mr.Sudhakar Prasad, Advocate ...for the respondents. The Court: Let the affidavit in opposition and affidavit in reply filed in court today be kept on record. This is an action for passing off. The petitioners case is that they run a school of hotel management under the name NIPS and in that connection created a portal which can be accessed through their website www.nipsgroup.in. The petitioners claim to be the exclusive user of the word NIPS since 1993. Sometime in September 2013, the petitioners came to know that the respondents have created a similar website and the only difference was the word co. which they had inserted in between nipsgroup and .in. The petiti...
Sri Sri Iswar Radha Gobinda Jew and ors. Vs. Sibu Kumar Mullick
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET G.A.No.2591 of 2014 With C.S.No.278 of 1984 IN THE HIGH COURT AT CALCUTTA ORDNARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Sr.Sr.ISWAR RADHA GOBINDA JEW & ORS.Versus SIBU KUMAR MULLICK BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date: 20th August, 2014. Appearance: Mr.Sarathi Dasghpta, Adv.Mr.A.K.Boral, Adv. for the petitioners Mr.Dipendra Nath Chunder, Adv. for defendant Nos.24 & 42 The Court: In this application the present petitioners have prayed for an order to condone the delay in filing of this application, to recall or set aside the order of dismissal passed by this Court in C.S.No.278 of 1984, to restore the said suit in this original file and number etc.Perused the application. Heard the learned Advocate appearing on behalf of the petitioners including the learned Advocate appearing on behalf of the defendant no.1A, heirs of the defendant Nos.24 and 42. The learned Advocate appearing for the plaintiffs took me to running page 31 to convince this Court that on ...
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