Kolkata Court February 2015 Judgments
Vikrant Forge Limited and Others Vs. official Liquidator and Others
Court: Kolkata
Decided on: Feb-27-2015
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.116 of 2013 CA No.325 Of 2010 CP No.151 Of 2003 IN THE MATTER OF BANGUR BROTHERS LIMITED (In Liquidation) -ANDIN THE MATTER OF VIKRANT FORGE LIMITED AND OTHERS -VERSUS- OFFICIAL LIQUIDATOR AND OTHERS For the Applicants: For the Respondents: Mr Samit Talukdar, Sr Adv., Mr Sumon Dutta, Adv., Mr Prithwiraj Sinha, Adv., Mr Pradip Sancheti, Adv., Mr Sougata Chatterjee, Adv.Mr Mr Mr Mr Mr Mr Mr S.N.Mookherjee, Sr Adv., Ratnanko Banerjee, Sr Adv., Ashok Bose, Adv., Ajay Gaggar, Adv., Kuldeep Mallick, Adv., Ashok Bose, Adv., Sanket Sarawgi, Adv.Hearing concluded on: February 20, 2015. BEFORE SANJIB BANERJEE, Judge Date: February 27, 2015. SANJIB BANERJEE, J. : The applicants question the extent of the authority available to a company Judge under Section 535 of the Companies Act, 1956 and cite the constitutional provisions pertaining to distribution of legislative powers between the Union and the States in suggesting that an order of Ja...
Tag this Judgment!Ganashakti and Anr. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Feb-27-2015
W.P.No.714 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Ganashakti & Anr. versus State of West Bengal & ORS.For the Petitioners : Mr.Mr.Mr.Mr.Mr.Bikash Ranjan Bhattacharyya, Sr.Advocate Sabyasachi Chatterjee, Advocate Bikram Banerjee, Advocate Sudipta Dasgupta, Advocate Tanmoy Mukherjee, Advocate For the Respondents : Mr.Abhratosh Majumdar, Advocate Mr.Suman Sen Gupta, Advocate Hearing concluded on Judgment on : December 03, 2014 : February 27, 2015 DEBANGSU BASAK, J.:- An accredited newspaper, Ganashakti, the fiRs.writ petitioner herein has been denied Government advertisements on the ground that the fiRs.writ petitioner is an organ of the Communist Party of India (Marxist)[CPI(M)]., a political party, and that the State Government could not allow the State Exchequer to fund a political party. The writ petitioners assail such conduct of the State Government in this writ petition. Mr.Bikash Ranjan Bhattacharyya, learned Senior Advocate for the wr...
Tag this Judgment!McNally Bharat Engineering Company Limited Vs. Ritman Commodities Pvt. ...
Court: Kolkata
Decided on: Feb-26-2015
ORDER SHEET CP No.39 of 2015 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE MCNALLY BHARAT ENGINEERING COMPANY LIMITED Versus RITMAN COMMODITIES PVT.LTD.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 26th February, 2015. Appearance: Mr.Ratnanko Banerji, Sr.Advocate, Mr.Jishnu Choudhury, Advocate, Mr.Sidhartha Sharma, Advocate with Ms.Sristi Barman Roy, Advocate..for the petitioneRs.Mr.Tilok Bose, Senior Advocate, Mr.K.Banerjee, Advocate with Mr.Vivek Jhunjhunwala, Advocate..for the respondents. The Court:-Let the affidavit-of-service filed in Court today be taken on record. Having heard the learned advocates appearing for the parties and upon perusing the instant application it appears that the petitioning creditor had advanced a sum of Rs.2 crores to the company as an inter-corporate deposit on 5th June, 2014. It further appears from the documents annexed to the instant winding up petition that out of the said Rs.2 crores, a sum of Rs.1 crore was repaid by th...
Tag this Judgment!Nuova Elettromeccanica Sud S.P.A Vs. Modern Malleables Limited
Court: Kolkata
Decided on: Feb-26-2015
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION IN THE APPEAL FROM ITS CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Samapti Chatterjee A.P.O43OF2015A.P. NO.855 OF2013O.C.O.T. 4 OF2015Nuova Elettromeccanica Sud S.P.A VS. Modern Malleables Limited For the Appellant : Mr. Tilok Bose, Senior Advocate Mr. Swatarup Banerjee, Advocate Mr. Anubhav Sinha, Advocate Mr. Rohit Mukherjee, Advocate For the Respondent : Mr. S.N. Mookherjee, Senior Advocate Mr. Ratnanko Banerjee, Senior Advocate Mr. Sabyasachi Chowdhury, Advocate Mr. Anirban Ray, Advocate Ms. V.V.V. Sastry, Advocate Heard On :13. 02.2015 & 16.02.2015, Judgment On : February 26, 2015. Samapti Chatterjee, J.1. Assailing the interim Order dated 11th December, 2014 passed by the Honble Single Bench of this Honble Court in A.P No.855 of 2013, G.A. No.3851 of 2014 & G.A No.3778 of 2014 thus prima facie holding that In my opinion if a dispute if arbitrated...
Tag this Judgment!M/S. Sensea Marine Pvt. Ltd. Vs. The Shipping Corporation of India
Court: Kolkata
Decided on: Feb-25-2015
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION PRESENT : THE HONBLE JUSTICE PATHERYA A.P.No.371 of 2004 M/S.SENSEA MARINE PVT.LTD.VERSUS THE SHIPPING CORPORATION OF INDIA For the Petitioner : Mr.Arindam Sinha, Adv., Mr.B.Basu Mallick, Adv.For the Respondent : Mr.Pradip Kr. Dutta, Adv., Mr.Kaushik Chakraborty, Adv.Heard on : 29-11-07, 22-09-08, 22-06-10, 24-06-10, 29-06-10, 02-07-10, 06-07-10 and 09-07-10. Judgement on : 25th February, 2015. PATHERYA J. : This is an application filed under Section 34 of the 1996 Act for setting aside the award dated 16th August, 2004. The case of the petitioner is that it was engaged to man the ship M.V.Dering (vessel) of the Andaman & Nicobar Administration under an agreement dated 14th September, 1993. Difficulties arose between the parties and the vessel was handed to Shipping Corporation of India, the respondent. The respondent took over management of the vessel on the condition that the claimant would provide service till arrang...
Tag this Judgment!Dr. Dilip Choudhury Vs. Pratishruti Projects Limited and Ors
Court: Kolkata
Decided on: Feb-25-2015
ORDER SHEET GA No.612 of 2015 CS No.23 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DR. DILIP CHOUDHURY Versus PRATISHRUTI PROJECTS LIMITED & ORS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th February, 2015. Appearance: Mr.S.P.Sarkar, Sr.Adv.Mr.A.K.Awasthi, Adv.Mr.Adil Rasid, Adv.Mr.Aishwarya Kumar Awasthi, Adv..for the petitioner/plaintiff The Court : The petitioner is a medical practitioner and also engaged in the business of managing and running various medical institutions in diveRs.places under the name and style of Minerva DSA Hospital & Research Institute. The petitioner was desirous of acquiring and participating in other medical institutions for gainful purpose. In the process the petitioner has entered into an agreement with the respondent nos.1, 2, 3, 4, 5, 6 and 8 for acquiring interest in two medical institutions by the name of ICARE Institution of Medical Sciences and Research (IIMSAR) and Dr. Bidhan Chandra Roy Hospital, H...
Tag this Judgment!Broadway Centre Vs. Sm. Dolly Ghosh and Anr.
Court: Kolkata
Decided on: Feb-25-2015
ORDER SHEET CS No.435 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BROADWAY CENTRE Versus SM. DOLLY GHOSH & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th February, 2015. Mr.Surid Roy Chowdhury, Mr.Chayan Gupta, Mr.Anil Dhar, Adversus for the plaintiff Mr.Som Nath Ganguli, Adv.for the defendants The Court : The defendant has no witness to produce. It is submitted on behalf of the defendant that the defendant intends to prefer an appeal from the order dated February 23, 2015. In such circumstances, adjournment is sought for on behalf of the defendant. By my order dated February 23, 2015, I have ordered a cost of Rs.30,000/-. The order provides that in the event of default necessary order will be passed. The suit is for ejectment. The suit is pending since 1998. In my view, the defendant has adopted a tactics to delay the disposal of the suit by this method. The prayer for adjournment is therefore refused. Since the defendant has ...
Tag this Judgment!Apeejay Shipping Limited Vs. Commissioner of Income Tax (Central)
Court: Kolkata
Decided on: Feb-25-2015
ORDER SHEET ITA163OF2009IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE APEEJAY SHIPPING LIMITED Versus COMMISSIONER OF INCOME TAX (CENTRAL) BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 25th February, 2015. For appellant/assessee : Mr.R.N.Bajoria,Sr.Advocate Mr.J.P.Khaitan,Sr.Advocate Ms.Anupa Banerjee,Advocate Ms.Swati Agarwal,Advocate Ms.Aindila Biswas,Advocate. Mr.A.Sengupta,Advocate For respondent/revenue : Mr.P.Dhudhoria,Advocate. The Court :The subject matter of challenge in this appeal is a judgement and order dated 23rd January, 2009 by which the learned Tribunal dismissed an appeal preferred by the assessee concurring with the views of the CIT who had exercised power under section 263. The learned Tribunal dismissed the appeal with the following observations : After hearing both the sides at length, we find that as per normal provision of the IT Act, the profits or gains of the business were determined at...
Tag this Judgment!Turner Morrison and Co. Ltd. Vs. Prakash Bakshi
Court: Kolkata
Decided on: Feb-24-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen G.A.No.1507 of 1997 C.S.No.906 of 1980 Turner Morrison & Co.LTD.versus Prakash Bakshi For the Plaintiff : Mr.Utpal Bose, Sr.Adv., Mr.A.Mukherjee, Heard on : 07.08.2014, 14.08.2014, 21.08.2014, 01.12.2015, 20.1.2015, 27.01.2015, 17.02.2015. Judgment on : 24th February, 2015 Soumen Sen, J.:- This execution application has been filed for execution of a decree dated 25th February, 1985. On or about 1974, the defendant was inducted as a licensee of the plaintiff in respect of two adjoining flats being Nos.7 & 8 at Premises No.47, Park Street, Calcutta along with the furniture, amenities and fixtures therein. The plaintiff by a notice dated 22nd January, 1977 revoked the leave and licence granted to the defendant and called upon him to deliver up quiet, vacant and peaceful possession of the said two adjoining flats. Since thereafter the defendant filed a declaratory suit b...
Tag this Judgment!Octavius Tea and Industries Ltd. Vs. The New India Assurance Company L ...
Court: Kolkata
Decided on: Feb-24-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen G.A.3447 of 2007 C.S.137 of 2007 Octavius Tea & Industries LTD.versus The New India Assurance Company LTD.For the Plaintiff/Petitioner : Mr.Surajit Nath Mitra, Sr.Adv., Mr.Dhirendra Nath Sharma Mr.Navneet Mishra Ms.Sananda Mukhopadhyay For the Defendant : Mr.Dhruba Ghosh Mr.Bikash Kumar Ray Heard on : 04.09.2014,18.09.2014, 02.12.2014, 14.01.2015, 29.01.2015, 12.02.2015, 17.02.2015 Judgment on : 24th February, 2015 Soumen Sen, J.:- The plaintiff has filed this application under Chapter XIIIA of the Rules on the Original Side praying, inter alia, for a decree for eviction. The plaintiff is a lessee for a term of 99 years commencing from January 1, 1962 in respect of Premises Nos.14 and 15, Old Court House Street, Kolkata (hereinafter referred to as the suit premises).Under the lease, the plaintiff was entitled to construct a three several buildings on the leasehold pr...
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