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Kolkata Court June 2011 Judgments

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Jun 10 2011

M/S. Brij Laxmi Foundation Vs. Krishna Chandra Sapui and ors.

Court: Kolkata

Decided on: Jun-10-2011

1. In the instant application under Article 227 of the Constitution order dated 16th February, 2009 passed in Misc. Appeal No. 463 of 2008 arising out of Title Suit No. 468 of 2005 now pending before the learned First Civil Judge (Senior Division), 1st Court, Alipore has been assailed. 2. By such order the learned First civil Judge (Senior Division), Alipore disposed of a Misc. Appeal being no. 463 of 2008 affirming the order dated 28.08.2008 passed by the learned Civil Judge (Junior Division), 1st Court, Alipore in Title Suit No. 468 of 2005. By the said order the learned Trial Court directed both parties to maintain status quo in respect of the suit property till disposal of the suit. 3. In fact, the plaintiff filed the aforesaid Title Suit No. 468 of 2005 praying for a decree for declaration, injunction and recovery of possession. In the plaint it has been claimed that the plaintiffs and other family members got total 367 bighas 14 cottahs of land including the disputed property fro...


Jun 10 2011

West Bengal Electronics Industry Development Corporation Limited Vs. B ...

Court: Kolkata

Decided on: Jun-10-2011

1. In the instant revisional application under Article 227 of the ConstitutionOrder no. 7 dated 18th August, 2008 passed by the learned Estate Officer,Calcutta Port Trust in proceedings No. 26 of 2008 has been assailed.It is contended that by such order the Estate Officer has considered an application filed by opposite party on 18.08.2008 with reference to reply to the show cause under Section 4 of the Act praying for staying of the said proceedings and to remit the suit involved into the proceedings for consideration of the high powered committee for settlement of disputes. 2. The facts in brief leading to such order is that the petitioners, W.B. Electronics Industry Development Corporation Ltd.is a Govt. company.The respondent no.1, Board of Trustees of the Port of Calcutta is a body corporate constituted under the Major Port Trust Act, 1963.It is a local authority owning land and buildings on both sides of the river Hooghly in and near Kolkata.Therefore, for all practical purposes t...


Jun 09 2011

Smt. Mousumi Ghosal (Adhikary) Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-09-2011

1. By this writ petition the petitioner seeks to challenge the appointment of the private respondent as 2nd ANM in the Jibantala Sub-Centre. The case of the petitioner is that for the post of 2nd ANM advertisement was published. Initially the last date for filing applications was 20th October, 2006. Subsequently, the date for submitting application was extended till 30th November, 2006 and the petitioner filed her application on 30th November 2006 i.e. within the extended period. 2. All necessary documents were annexed with the application as required. A photostat copy of the EPIC card was also enclosed wherefrom the residential status of the petitioner was evident. On 28th March, 2007 the petitioner was directed to appear before the selection committee with all original documents for verification. The same was done and thereafter the petitioner was selected and placed at serial no. 1 of the panel prepared. Subsequently, by communication dated 24th March, 2008 the petitioner’s se...


Jun 07 2011

German Express Shipping Agencies (India) Pvt. Ltd. and anr Vs. Union o ...

Court: Kolkata

Decided on: Jun-07-2011

1. The petitioners are the owners of two containers forming subject matter of the present writ petition. The petitioner no.1 is acting as a container agent. Two containers were brought by the petitioners stuffed with Beetle nuts and those were landed at Haldia Dock Complex on 4th August, 2001 and 5th August, 2001 respectively. 2. The petitioners being the container owners filed a landing guarantee with the Customs authorities undertaking that after disstuffing cargo, the containers would be re-exported either empty or after stuffing of export cargo. Import Agent Manifest (I.A.M.) was also filed by the petitioners with Customs authorities. Landing guarantee was accepted by the Customs authorities on 30th August, 2001. As per the said landing guarantee the petitioners were required to re-export those two containers immediately after disstuffing the cargo, otherwise penalty would be imposed upon them as per Section 142 of the Customs Act, 1962. 3. The consignee of the imported cargo neith...


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