Kolkata Court September 2014 Judgments
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Satya Sandhi and anr. Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-17-2014
ORDER SHEET APO3462014 GA29792014 WP6502014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SATYA SANDHI & ANR. Versus THE STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 17th September, 2014. Mr.Sandip Kumar Bhattacharya, Advocate for the appellant. Mr.Sakya Sen, Advocate for the State. The Court : Heard learned Counsel for the appellants as well as respondents. We have gone through the impugned judgment. The appellants were the writ petitioners before the learned Single Judge who sought writ of quo warranto against the second respondent. Admittedly, there are subsisting disputes with regard to persons entitled to represent the fiRs.appellant that we are not concerned in the present appeal. However, the genesis of the present appeal seems to be the investigation pertaining to such inter se disputes between the parties that who has to represent the fiRs.appellant society. A private complaint ...
Kalpataru Agroforest Pvt. Ltd. Vs. State Bank of Bikaner and Jaipur an ...
Court: Kolkata
Decided on: Sep-17-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT511OF2014GA2941of 2014 WITH CS486of 1998 KALPATARU AGROFOREST PVT.LTD.Versus STATE BANK OF BIKANER & JAIPUR & ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 17th September, 2014. Mr.Ranjan Bachawat, Sr.Advocate Mr.S.Sengupta, Advocate Mr.Sarosij Dasgupta, Advocate Ms.Subhra Das, Advolcate ..for appellant Mr.P.K.Roy, Advocate Mr.D.K.Singh, Advocate for respondent 1 The Court :- The suit was filed in 1998. It was not proceeded with. The suit came up for hearing in 2014 when the plaintiff did not appear although the defendant was present. The papers were also not traceable. The learned Single Judge dismissed the suit on 21.01.2014 after about eight months. On August 11, 2014 at the instance of the plaintiff His Lordship restored the suit on the specific understanding that the cause papers would be submitted in triplicate on the next date of hearing that was fixed on...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-17-2014
CP No.17 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: ARC INSULATION & INSULATORS PVT. LTD. -AND- GYARSI LAL SHAH (HUF) PETITIONER For the Petitioning creditor : Mr Sandipto Bose, Adv., For the Company Ms. Manju Bhutoria, Adv., : Hearing concluded on: July 11, 2014. BEFORE DIPANKAR DATTA, Judge Date: September 17, 2014. DIPANKAR DATTA, J.: 1. By presenting this company petition under Sections 433, 434 and 439 of the Companies Act, 1956 (hereafter the Act), the petitioning creditor seeks an order for winding up of M/s. ARC Insulation & Insulators Private Limited (hereafter the company) under the provisions of the Act and a direction on the Official Liquidator to take possession of the assets, properties, books and accounts of the company. The claim is founded on the allegation that the company failed and neglected to pay to the petitioning creditor Rs.35,66,203.00 (Rs.1,19,826.00 on account of license fee and maintenance charges, Rs.26,96,319.00 on acc...
Birla Corporation Ltd Vs. Mahabir Prasad Sharma
Court: Kolkata
Decided on: Sep-17-2014
ACO128OF2014APOT357OF2014APO OF2014C.P.48 OF2010IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side BIRLA CORPORATION LTD Versus MAHABIR PRASAD SHARMA BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 17th September, 2014. For the Appellant : Mr.Abhrajit Mitra, Sr.Advocate with MRS.Manju Bhutoria, Advocate Mr.Jishnu Chowdhury and Mr.S.Chowdhury, Advocates For the respondent : Mr.Ratnanko Banerji Sr.Advocate with Mr.D.N.Sharma, Advocate THE COURT : The appellant in the APOT is aggrieved by an order of the company Judge dated June 18, 2014 admitting the CP filed by the respondent for winding up of the appellant. Mr.Mitra appearing for the appellant has submitted as follows. The respondent claimed that as a former employee of the appellant he was entitled to pension. He alleged that since the appellant did not pay him pension, his winding up petition was maintainable. The company Judge admitting the winding up petition and d...
Maheshwary Ispat Ltd. Vs. Nirmala Devi Saraf
Court: Kolkata
Decided on: Sep-17-2014
In The High Court At Calcutta Original Jurisdiction Original Side CP646of 2013 Maheshwary Ispat LTD.-Vs.Nirmala Devi Saraf Present: The Honble Justice Mr.Arijit Banerjee For the petitioner : Mr.K.C.Garg, Adv.For the respondent : Mr.Swatarup Banerjee, Adv.Mr.Sourav Sengupta, Adv.Heard on : 24th July and 12th August, 2014 CAV On : 12th August, 2014 Judgment on : 17th September, 2014 Arijit Banerjee, J. (1) This is an application under Sections 433, 434 and 439 of the Companies Act, 1956. (2) The case of the petitioner is that the company agreed to purchase and the petitioner agreed to sell Betanox-C, Ferospeed, Quenching Oil, Super Inox-2C etc at the agreed rates on the terms and condition that the company would pay the price of the goods immediately and in default the company would pay interest at the rate of 24 per cent per annum and further an open, running and continuous account would be maintained by and between the parties. Between 26th October, 2009 and 16th September, 2011 the pe...
Nathany Charitable Trust Vs. Sri Krishna Kumar Nathany and ors.
Court: Kolkata
Decided on: Sep-17-2014
1 GA2946of 2014 WITH ACR6of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE IN THE MATTER OF : NATHANY CHARITABLE TRUST VERSUS Sr.KRISHNA KUMAR NATHANY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 17th September, 2014. The Court :- This application is at the instance of the Bihar State Board of Religious Trust. The said applicant is a body corporate created under Section 5 of the Bihar Hindu Religious Trust Act, 1950. The learned Counsel appearing on behalf of the Board prays for recalling of the orders passed by this Court in an application filed under Section 7 of the Charitable and Religious Trust Act,1920. It is submitted that in view of Section 74 of the Bihar Hindu Religious Trust Act,1950 the trustees are required to apply to the said Board for directions. According to the learned Counsel, Section 74 of the 1950 Act overrides Section 7 of the Religious and Charitable Trust Act,1920. The learned Counsel has referred to State works in Section 12 which states that the provi...
Laxmi Pat Surana Vs. Uco Bank and anr
Court: Kolkata
Decided on: Sep-17-2014
ORDER SHEET WP No.266 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE LAXMI PAT SURANA Versus UCO BANK AND ANR BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th September, 2014. Appearance: Mr.G.S.Gupta, Adv.For the petitioner. Mr.Soumen Das, Adv.For the respondents. The Court : - The petitioner seeks release of title deeds upon furnishing cash security to the respondent no.1 for the value of the Bank Guarantee. The petitioner caused the respondent no.1 to issue a Bank Guarantee for a value of Rs.50 lakhs in favour of the railway authorities. As security for such Bank Guarantee the petitioner caused Surana Metals Limited to deposit title deeds of premises no.79, Padmapukur Road, Kolkata-700 029 with the respondent no.1. The petitioner has also put in the margin money for such Bank Guarantee for the sum of Rs.20,38,126/-. Such margin money was kept in a fixed deposit with the respondent no.1. The petitioner seeks to substitute such title deeds w...
Tata Motors Finance Limited Vs. Sabita Devi Sharma and anr.
Court: Kolkata
Decided on: Sep-17-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP No.1001 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1002 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1005 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1006 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1007 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1008 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1009 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1010 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1011 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. And AP No.1012 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date: 17th September, 20...
Mohan General Trading Company and Another Vs. United Bank of India and ...
Court: Kolkata
Decided on: Sep-17-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO349OF2014GA2953of 2014 GA2980of 2014 WITH WP1061of 2013 MOHAN GENERAL TRADING COMPANY & ANOTHER Versus UNITED BANK OF INDIA & OTHERS BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 17th September, 2014. Mr.Sandip Bhattacharyya, Advocate Mr.Suman Basu, Advocate Mr.Abdul Masood, Advocate Mr.Rajesh Sen, Advocate for petitioner Mr.Ajoy Krishna Chatterjee, Sr.Advocate Mr.Aniruddha Roy, Advocate Mr.R.K.Rai, Advocate Mr.A.Basu, Advocate for respondent 1 Mr.Paritosh Sinha, Advocate-on-record Mr.Arindam Mandal, Advocate Mr.Sabyasachi Roychowdhury, Advocate ..for State The Court :- The present appeal is directed against the judgment and order dated 14th August, 2014 wherein the learned Single Judge has directed the respondent/police to assist the respondent bank in taking possession of the property. It is not in dispute that the appellant had borrowed loan from respondent bank an...
Nissan Gupta Vs. the Commissioner of Customs (Port) and anr.
Court: Kolkata
Decided on: Sep-17-2014
WP No.905 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Nissan Gupta Versus The Commissioner of Customs (Port) & Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date: 17th September 2014 Appearance: Mr.Sudhir Kumar Mehta, Advocate for the petitioner Mr.R.Bharadwaj, Advocate Mr.K.K. Maiti, Advocate for the respondents The Court: According to the writ petitioner, the goods which were imported by them on 16th July 2014 are classifiable under the heading 7204 of the Schedule of the Customs Tariff Act, 1975. They are scrap materials derived from electrical transformeRs.The respondent-authorities identified the goods to be such in their inspection report made on the bill of entry at page 43 of the writ petition. According to the respondent-authorities, in the bill of entry itself, being annexure P4 at page 42 of the writ petition, the writ petitioner had described the goods as siliCo.electrical steel strips/scrap originated from old and used dismantled tra...
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