Court : Kolkata
Decided on : Jun-09-2014
ORDER SHEET CS No.122 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRABHU DAYAL SUTODIYA Versus SHRI RAM TEA COMPANY(P) LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th June, 2014. Appearance: Pramit Roy, Adv.Ms.Lopita Banerjee, Adv.Mr.Abhrajit Mitra, Adv.Mr.Soumya Roy Chowdhury, Adv.Mr.Satadeep Bhattacharyya, Adv.Ms.Radhika Singh, Adv.Mr.Soumabho Ghosh, Adv.Ms.S.Nandy, Adv.The Court: The Senior Master appears to have passed a peremptory direction for disclosure of documents. Although the defendant no.2 has complied with the said direction but the plaintiff has failed to disclose the documents following which by an order dated 11th march, 2014 the learned Senior Master has declined to extend the time. In view of the peremptory nature of the order passed by him after he was permitted to do so by this Court in terms of the order dated 14th February, 2014, the plaintiff had conspicuously remained silent in not bringing to the notice o...
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2014
(Prayer: This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement dated 7/9.1.2010 issued by the respondent no.3 University vide Annexure-A.) (Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash Annexure-E dated 1.6.2011 issued by the first respondent and also Annexure-F issued by the 4th respondent dated 13.06.2011 for the reasons stated at para 4 to this writ petition.) (Prayer: Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash Annexure-F, i.e., endorsement dated 5.9.2011 issued by the first respondent i.e., Karnataka State Law University and etc;) (Prayer: This Writ Petition filed under Article 226 and 227 of the Constitution of India praying to quash the Admission Notification dated 1.6.2011 marked as Annexure-B, in so far as explanation to Rule-2(c) is concerned, award costs, pass such other writ or direction.) (Prayer: This Writ Pet...
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2014
(Prayer: This Writ Appeal is filled under Section 4 of the Karnataka High Court Act praying to set aside the Order passed in Writ Petition No.10744/2010 (L-K) dated 13.08.2010.) D.H. Waghela, C.J. Oral: 1. The appellant, a workman employed under the respondent -State Transport Corporation (KSRTC, Chickmagalur), has called into question the order dated 13.08.2010 in Writ Petition No.10744/2010 of learned Single Judge of this Court, whereby the petition of the appellant was partly allowed, so as to modify the award of the Industrial Tribunal, partly holding in favour of the appellant. 2. The interesting facts, in brief, of the case of the appellant are that he was employed as a Conductor under the respondent and after nearly 11 years of service, he was compulsorily retired on 07.03.2001 on the ground of surgical amputation of his leg due to which, he had remained absent from 03.04.2000 to 30.09.2000. According to the respondent, the appellant was admitted to hospital due to pain in his l...
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-2014
A.S. Gadkari, J. 1. The Appellant, original accused, has questioned the correctness of his conviction and sentence by the present Appeal, thereby challenging the judgment and order dated 19 April 2008 passed by the Additional Sessions Judge, Thane in Sessions Case No.379 of 2006, convicting the Appellant for an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs.10,000/-, in default of fine, to undergo rigorous imprisonment for two years. The facts which emerged from the record and which can be summarized briefly be stated thus: (a) P.W.9 Mira Bhoite heard some commotion outside her house at about 6.30 a.m. on 17 July 2006 and when she opened the door, she saw that Lata was shouting for help and calling her mother. She further saw that Lata was lying on the road. P.W.9 Mira noticed that Lata was in injured condition. P.W.9 Mira thereafter went to see Lata near the spot. At that time Lata was calling Mu...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-27-2014
1. This Appeal under Section 72 (4) of the Bombay Public Trusts Act, 1950 (now 'Maharashtra Act' instead of Bombay Act) is arising from the Judgment and order dated 10-08-2009 passed by the District Judge, Nagpur rejecting Change Report and Regular Civil Appeal No. 5 of 2009. 2. Heard the submissions at the bar. 3. This second appeal was admitted on 15-06-2012 by this Court on the following substantial questions of law:- i) Could the finding recorded by the Joint charity Commissioner and then confirmed by the District Judge upholding disqualification of the Members admitted to the Trust as was held by the Assistant Charity Commissioner is the result of the misinterpretation of clause (6) of the scheme of the Trust and thus, the finding of the Courts below is wholly unwarranted and unsustainable in law? ii) Whether the learned District Judge and Learned Joint commissioner were right in upholding the finding that the members of the Trust were rightly disqualified when the opportunity of ...
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-26-2014
Mrs. Roshan Dalvi, J. 1. Rule. Made returnable forthwith. The petitioners have filed Petition No.403 of 2007 challenging the construction of a hotel by Respondent No.6 upon permission granted by respondent No.2 under orders dated 31st July, 1995, 8th October, 1998, 1st September, 2001 and 17th September, 2005 in respect of a specific plan dated 31st May, 1995 and the renewals thereto. Upon the prayer of quashing of these orders the petitioners require directions against respondent Nos. 6 and 7 to restore the original nature of the land upon which they have constructed the hotel in the Coastal Regulation Zone (CRZ). 2. Upon having seen that the hotel premises has been constructed in the No Development Zone (NDZ) of the CRZ without the approval of the Ministry of Environment and Forests (MEF), which is mandatorily required, the petitioners have filed Petition No. 659 of 2010 for quashing the NOCs of respondent No.4 dated 16th September, 2008, 5th July, 2010 and 6th July, 2010 and constru...
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Feb-26-2014
Oral Judgment: (B.R. Gavai, J.) 1. By these petitions, the petitioners have approached this Court challenging validity of the Shivraj Fine Art Litho Works (Acquisition and Transfer of Undertaking) Act, 1984 (hereinafter referred to as œthe Act?) being unconstitutional. The petitioners have, in the alternative, prayed for striking down Sections 3, 4, 5, 7, 8, 12, 16, 18, 19, 20 and 24 of the Act. 2. The facts giving rise to the present petitions, in brief, are as under : The petitioner M/s. Shivraj Fine Art Litho Works, which is a partnership firm, was constituted originally by eight partners. Since dispute arose between the partners, the partnership firm came to be dissolved in January 1974. A suit for dissolution of partnership and for accounts was filed in 1974 being Special Civil Suit No.9/1974, which is pending before the competent Civil Court. In the said suit, Receivers came to be appointed from time to time in respect of properties of the partnership firm. The partnership ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-2014
Suneet Kumar, J. The petitioner is a company registered under the Companies Act, 1956. The petitioner company through its Director had obtained a term loan of Rs. 1,80,00,000/- payable in seven years and a cash credit limit facility to the tune of Rs.70,00,000/- from the respondent Bank in 2008. To secure the aforesaid loan/facility on behalf of the borrowers, the company created security interest in respect of the following properties: Primary Security: I) Cold Storage Land located at Gata No.329 and 330 Mauza Pihura, Sadabad, Dist. Mahamaya Nagar valued for Rs.16.60 lacs. II) Cold Storage Building and Hypothecation of Plant and Machinery valued at Rs.91.88 lacs. Collateral Security: I) Residential House at 9, Civil Lines, Mathura, U.P belonging to Shri Mahesh Chandra Gautam valued for Rs.73.00 lacs. II) Charge on Agricultural Land situated at Khasra No. 191 and 192, Village Maharara, Sadabad, Mahamaya Nagar valued for Rs.48.00 lacs. III) Charge on Agricultural Land situated at Khata ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-03-2014
Amar Saran, J. This appeal was called out in the revised list. Even though, there are a number of counsel, yet none of them has appeared. One counsel Sri Fanish Mishra has sent an illness slip. As there are a number of counsel, we propose to ignore the said illness slip. In Bani Singh v. State of U.P., (1996) 4 SCC, 720, as reiterated in K.S. Panduranga v. State of Karnataka, (2013) 3 SCC 721 it has been held that even in the absence of counsel, who are deliberately not appearing, it will be open to the Court to peruse the record and the judgement of the Trial Court and decide the appeal on merit after hearing the State counsel. The hearing of the appeal cannot be adjourned only for this reason. 2. We have heard learned A.G.A. Sri R. K. Singh and Sri Anand Tiwari and perused the papers of the case. The appellants Bishambar and Chandru have been convicted by the IVth Additional Sessions Judge, Bijnore and sentenced to rigorous imprisonment for life under sections 302/34 I.P.C. and three...
Tag this Judgment!Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on : Mar-07-2014
S.A. Siddiqui, Member (Judicial): 1) Complainant Sh. Anil Khanna has filed this complaint against the OP for return of Rs.8,01,000/- received from the complainant by the respondent for providing agreed services but committed gross deficiency of service, compensation of Rs.25,00,000/- for mental agony, pain and harassment etc. and litigation cost of Rs.1,00,000/-. 2) The marriage ceremony of complainants daughter was scheduled to be solemnized on 06.05.2011 following which the complainant decided to engage the services of respondent company which represented to have immense market reputation in providing works of painting, props, accessories, floral, fabric and linen and other related works including generators and lighting. The respondent promised to make various wedding functions such as Bhajan Sandhya (on 29.04.2011), Sagan (on 04.05.2011) Mehndi/Ladies Sangeet (on 05.05.2011) and finally wedding ceremony on 06.05.2011, a resounding success and memorable. Accordingly Mr. Vikas Gututi...
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