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Kolkata Court August 2014 Judgments

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Aug 27 2014

Sanjay Sureka and ors. Vs. Ratan Lal Nahata

Court: Kolkata

Decided on: Aug-27-2014

ORDER SHEET GA No.1952 of 2013 With CS No.143 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SANJAY SUREKA & ORS.Versus RATAN LAL NAHATA BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th August, 2014. Mr.Farhan Ghaffar, Adv.for the defendant. The Court : G.A.1297 of 2013 (which is appearing as item no.1212 in the monthly list of August, 2014) is the plaintiffs application for appointment of Receiver in respect of the premises of which the defendant is in occupation. G.A.1952 of 2013 (which is appearing as item no.1352 of the monthly list of August, 2014) is the defendants application under Section 10 of the Code of Civil Procedure for stay of the suit being C.S.143 of 2013 on the ground that the defendant has filed a prior suit on the self-same subject matter. Nobody appears on behalf of the plaintiffs. Learned Counsel appearing on behalf of the defendant submits that on last few occasions nobody had represented the plaintiffs when the ma...


Aug 27 2014

M.L. Dalmiya and Co. Ltd. Vs. Birla Power Solutions Ltd.

Court: Kolkata

Decided on: Aug-27-2014

ORDER SHEET GA No.817 of 2013 WITH CS272of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M.L.DALMIYA & Co.LTD.Versus BIRLA POWER SOLUTIONS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th August, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Advocate Mr.Chayan Gupta, Adv.The Court :- The plaintiff has filed a suit for recovery of a sum of Rs.3,09,04,918/- due and owning from the defendant on account of the money lent and advanced. The plaintiff states that on 2nd March,2012 the defendant approached the plaintiff for financial accommodation for a sum of Rs.3 crore by way of inter corporate deposit. On the basis of such representation, a sum of Rs.3 crore was transferred to the defendant. The defendant duly acknowledged the receipt of the said amount and promised to repay the said amount with interest at the rate of 24 per cent per annum on expiry of 90th day. The plaintiff states that the said amount was borrowed by way of inter corporate deposit ...


Aug 26 2014

Chhabi Chakraborty Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Aug-26-2014

ORDER SHEET WP773of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE CHHABI CHAKRABORTY Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 26th August, 2014. Appearance: Mr.Subhrangsu Pande, Adv.Ms.Ina Bhattacharyya, Adv..for the petitioner. Mr.Sabyasachi Roy Chowdhury, Adv..for the State. The Court: This is an application under Article 226 of the Constitution of India who is admittedly one Advocate and was in the previous panel prepared by the respondent no.3, that is, Legal Remembrancer, Government of West Bengal has prayed for issuance of Writ of Mandamus directing the respondents to forthwith release the entire sum dues as payable to the writ petitioner towards her professional fees for appearing and conducting cases on behalf of the State of West Bengal and its various Departments. Perused the writ application. Heard the learned Advocate appearing on behalf of the writ petitioner. Mr.Sabyasachi Roy Choudhury, l...


Aug 26 2014

Sajal Kanti Bhattacharyya Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Aug-26-2014

ORDER SHEET WP762of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAJAL KANTI BHATTACHARYYA Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 26th August, 2014. Appearance: Mr.P.S.Debbarman, Adv.Mr.Anirban Mittra, Adv.Mr.Biswajit Sardar, Adv..for the petitioner. Mr.Sabyasachi Roy Chowdhury, Adv..for the State. The Court: This is an application under Article 226 of the Constitution of India as filed by the present writ petitioner who was in the panel of the State Advocates prepared by the respondent no.3, that is, Legal Remembrancer, Government of West Bengal. It is the claim of the present writ petitioner that the Government is not releasing the entire dues as payable to the writ petitioner towards his professional fees for appearing and conducting cases on behalf of the State of West Bengal and its various Departments. Perused the writ application. Heard the learned Advocate appearing on behalf of the prese...


Aug 26 2014

Nanu Shomeplaintiff Vs. State of West Bengal and ors.Defendants

Court: Kolkata

Decided on: Aug-26-2014

ORDER SHEET C.S.No.266 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NANU SHOME Versus STATE OF WEST BENGAL & ORS.Plaintiff Defendants BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th August, 2014. For Plaintiff : Mr.Lopita Banerjee with Mr.Avijit Chakraborty, Adversus I have considered the note of the Deputy Sheriff, attached to this High Court, dated 3rd March, 2014. The problem is that the writ of summons along with a copy of the plaint was sent by the office of the Deputy Sheriff to the District Judge, Jalpaiguri, with a request to him to effect service of the same upon the 3rd defendant. According to the procedure, the original writ of summons should have been returned to this Court with the necessary endorsements. In stead, it appears that a copy of writ of summons, as forwarded by the District Judge, is in the records of this Court. Since orders were passed by Soumen Sen, J. when His Lordship was taking suits, I am entertaining the me...


Aug 26 2014

Damodar Prasad Ganeriwalla and anr. Vs. Dwarka Prasad Ganeriwalla

Court: Kolkata

Decided on: Aug-26-2014

ORDER SHEET GA NO.2135 OF2014WITH CSOS NO.4 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DAMODAR PRASAD GANERIWALLA & ANR. Versus DWARKA PRASAD GANERIWALLA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th August, 2014. Mr.Raja Basu Chowdhury, Mr.S.Karmakar, Mr.B.Biswasfor petitioneRs.Mr.J.Saha, senior advocate, Ms.S.Royfor defendant. The Court : The trust in question was created by Dwarka Prasad Ganeriwalla. My attention is drawn to clauses 4 and 5 of the Deed of Trust dated 5th September, 1962, which are as follows :4. That after the death of the settlor and his wife the income payable by the Trustees to the settlors wife will be paid in equal share to the sons of the settlor Dwarka Prasad Ganeriwalla. In the event of the death of any of the sons of the said settlor the amount payable to such deceased son would be paid to his widow and his sons in equal shares.5. The trust hereby created shall come to an end after the death of Dwarka Prasad...


Aug 26 2014

Magma Fincorp Limited. Vs. Era Infra Engineering Ltd.

Court: Kolkata

Decided on: Aug-26-2014

ORDER SHEET EC No.449 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED. versus ERA INFRA ENGINEERING LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 26th August, 2014. Appearance : Mr.P.Sinha, Mr.K.K. Pandey, Mr.S.K. Singhi, Mr.Priyabrata Patra, Ms.Pritha Bhaumik, Mr.Aryak Dutt, Mr.D.Das, Mr.A.Shah, Adv.Adv.Adv.Adv.Adv.Adv.Adv.Adv.The Court : The National Highways Authority of India (NHAS).is directed to file an affidavit within three weeks from date disclosing the amount payable to the judgement-debtORS.Mr.P.Sinha, learned counsel appearing on behalf of the decree holder shall furnish the address of the garnishee Nos.2 to 6 mentioned in paragraph 49 of the affidavits in support of the tabular statement to the joint receiveRs.The report of the joint receivers show that the judgement-debtors have non co-operated with the receivers during their visit and did not disclose the whereabouts of the asset in question. The judgemen...


Aug 26 2014

Kolkata Municipal Corporation and anr Vs. Abp Pvt Ltd and anr

Court: Kolkata

Decided on: Aug-26-2014

1 ORDER SHEET APO No.246 of 2014 GA No.2708 of 2014 WP No.644 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KOLKATA MUNICIPAL CORPORATION & ANR Versus ABP PVT LTD & ANR BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 26th August, 2014. Appearance: Mr.Aloke Ghosh, Sr.Advocate with Ms.Sima Chakraborty, ld. Advocates for KMC. Mr.Anindya Mitra, Mr.Proatap Chatterjee, Mr.Ratnanko Banerjee, Sr.Advocates For the respondent. The Counsel Mr.Aloke Court Ghose :- Heard representing learned the senior appellant- Corporation as well as Mr.Anindya Mitra, senior Advocate arguing for the respondent. In order to understand the real question of controveRs.between the parties it is necessary to bring certain facts on record. A piece of land belonging to the appellant-Corporation is given on lease to the respondent herein, who was the writ petitioner before the learned Single Judge. The writ petitioner approached the learned Sing...


Aug 26 2014

Ankit Metal and Power Ltd. and ors. Vs. Settlement Commission and ors.

Court: Kolkata

Decided on: Aug-26-2014

WP No.392 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Ankit Metal & Power LTD.& ORS.Versus Settlement Commission & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 26th August 2014 Appearance: Mr.Sudhir Kr. Mehta, Advocate for the petitioner Mr.R.N. Das, Sr.Advocate MRS.Santa Mitra, Advocate for the respondents The Court: It appears that the Settlement Commission in its order dated 28th March 2014 has not made a correct interpretation of Section 32-O(i) of the Central Excise Act, which is reproduced below: 32-O. [Where, [***].]. (i) an order of settlement passed under sub-section (7) of section 32F [, as it stood immediately before the commencement of section 122 of the Finance Act, 2007 (22 of 2007) or sub-section (5) of section 32F,].provides for the imposition of a penalty on the person who made the application under section 32E for settlement, on the ground of concealment of particulars of his duty liability; then, he shall not be entitled...


Aug 26 2014

Gallantt Udyog Limited Vs. Gallantt Ispat Limited

Court: Kolkata

Decided on: Aug-26-2014

ORDER SHEET C.A.No.449 of 2014 With C.A.No.369 of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE GALLANTT UDYOG LIMITED Versus GALLANTT ISPAT LIMITED BEFORE: The Honble JUSTICE BISWANATH SOMADDER Date: 26th August, 2014. Appearance: Mr.Ratnanko Banerjee, Sr.Adv.with Mr.Shaunak Mitra, Adv.Mr.Saunak Sengupta, Adv.S.Nigam, Adv.The Court: Having heard the learned advocate for the applicants and upon perusing the Judges Summons and the affidavit in support thereto, it appears that on 10th June, 2014 Patherya, J. had passed an order approving a proposed scheme of amalgamation of Gallantt Udyog Limited and Gallantt Ispat Limited. However, it is stated by the applicants in the instant application there is a requirement under the statute for convening and holding of a physical meeting in addition to postal ballot and e-voting in respect of the transferee company, which has not been provided in the order dated 10th June, 2014. Upon perusing the order dated 10th June, 2014...


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