Kolkata Court January 2012 Judgments
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Nawal Kishore Tekriwal and ors Vs. Gopal Chand Bhura and ors
Court: Kolkata
Decided on: Jan-05-2012
GA No. 3322 of 2011 with CS No. 10 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction NAWAL KISHORE TEKRIWAL and; ORS. Versus GOPAL CHAND BHURA and; ORS. BEFORE: The Hon'ble JUSTICE I. P. MUKERJI Date : 5th January, 2012. Mr.Jishnu Chowdhury, Mr.G. S. Gupta for the plaintiffs/petitioners. Mr.Aniruddha Mitra for defendant nos.1 and 2 Mr.D. S. Mallick for defendant no.3. The Court : This is an application for correction of the decree dated 21st July, 2009. It is made under Sections 151 and 152 of the Code of Civil Procedure. The decree is a compromise decree based on a terms of settlement between the parties. My attention has been drawn to paragraphs 3, 9 and 10 of the terms. The deeds of conveyance referred to in paragraph 3 are said to be dated 9th May, 2003; those in paragraph 9 are said to be dated 19th May, 2003 and those in paragraph 10, 9th May, 2003. According to the plaintiffs the date should be 19th May, 2003. According to the first and second defendant...
Bridge and Roof Company (India) Vs. De'S Technico Private Limited
Court: Kolkata
Decided on: Jan-05-2012
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE A. P. No.997 of 2011 BRIDGE and; ROOF COMPANY (INDIA) LIMITED VERSUS DE'S TECHNICO PRIVATE LIMITED BEFORE : The Hon'ble JUSTICE SANJIB BANERJEE_________________________________________________________________________ Date: January 5, 2012_________________________________________________________________________ Appearance Mr. Debangshu Basak. Adv. with Mr. P. K. Mishra, Adv. ..for the petitioner Mr. Sakya Sen, Adv. with Mr. L. R. Mondal, Adv. ..for the respondent A fundamental point has been raised by the petitioner in this challenge to the award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner questions the authority of the arbitrator to take up the reference. The challenge is fashioned on Section 34(2)(a)(v) of the Act. There is no dispute that there was an agreement between the parties that contained an arbitration clause. The arbitration clause provided as follows: "If any...
M.P. Jewellers and Co. (1945) Pvt. Ltd. Vs. Mantu Issu
Court: Kolkata
Decided on: Jan-04-2012
GA No.3626 of 2011 With CS No.307 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE In the matter of: M.P.Jewellers & Co.(1945) PVT.LTD.Versus Mantu Issu Before: The Honble Justice I.P.MUKERJ.Date:04. 01.2012 Appearance: Mr.S.Talukdar Sr.Adv., Mr.Debnath Basak, Adv., Mr.Gautam Kr. Ray Adv., . .for the petitioner. Mr.Dipak Kr. Mukhopadhyay Adv., Mr.Bhaskar Prosad Banerjee Adv., Mr.Purusattam Basak Adv., . .for the defendant. The Court: This Court appreciates very highly the conciliatory stand taken by the learned Counsel for the defendant. He submits that his client is a very small jeweller carrying on business in Budge Budge. He was not aware of any trade mark right of the plaintiffs. In fact, he is not aware of any law relating to trade marks. He was using the name or mark New M.P.Jewellers., M.P. being used as an acronym for the names of two brotheRs.Furthermore his client is willing to remove this name from his goods and description of his serv...
Union of India and anr. Vs. M/S Maa Vindhya Vasini Steel Traders and o ...
Court: Kolkata
Decided on: Jan-04-2012
AP No.921 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA & ANR. Versus M/S MAA VINDHYA VASINI STEEL TRADERS & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2012. Appearance : Mr.Partha Sarathi Bose, Sr.Adv., Mrs.Aparna Mukherjee, Adv., for the petitioner. The Court : None appears to oppose the petition even at the second call. Directions were issued for affidavits to be filed in presence of advocate representing the respondents. No affidavit-in-opposition has been filed. The petition is under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge an award dated July 22, 2011. The reference arose following an auction purchase of scrap by the respondents at a railway sale. The only ground which has been urged on behalf of the petitioners is that the arbitrator acted contrary to the terms of the agreement under which he derived authority. The petitioners say that the agreement and the special con...
Labour Board and ors. Vs. the Central Govt. Industrial
Court: Kolkata
Decided on: Jan-04-2012
ORDER SHEET SHEET NO.1 WP No.1020 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF:THE CALCUTTA DOCK LABOUR BOARD & ORS.Versus THE CENTRAL GOVT. INDUSTRIAL TRIBUNAL, KOLKATA & ANR. For Petitioner :Mr.Krishnapada Pal, Advocate. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :4. h January, 2012. The Court:-No one appears for the Respondents. In this writ petition, the petitioner challenges an award of Kolkata the Central awarding lump Government sum Industrial compensation of Tribunal (CGIT) Rs.50,000/= to at the Respondent No.2. The dispute reached the Tribunal through reference made by the Government of India, Ministry of Labour dated 29th September, 2004 in exercise of power under Sections 10(1)(d) and 2A of the Industrial Disputes Act, 1947. The Respondent No.2 used to work with the writ petitioner since the year 1976 in the capacity of carpenter and he raised the disputes when he was disengaged in the year 2002. The contention of...
Vs. Union of India
Court: Kolkata
Decided on: Jan-04-2012
AP No.628 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.IDEAL ENGINEERING WRIGHTS Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2012. MR.AYAN BANERJEE,ADVOCATE FOR PETITIONER MRS.RANJANA GUHO, ADVOCATE FOR RESPONDENT The Court : Though the petitioner had submitted that the petitioner would accept the appointment of an arbitrator by the relevant appointing authority and the same was recorded in the order dated August 11, 2011, the petitioner approached the court on the next available working day and retracted from such position. However, since this matter was pending for a decision on a legal issue with two other matteRs.the petitioners retraction was not immediately recorded. In this request under section 11 of the Arbitration and Conciliation Act, 1996, the respondent has taken two objections. The respondent says that the petitioner should have explored the possibility of a reconciliation between th...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-04-2012
CP No.571 of 2010 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: SHAUN AUTOMOBILES PVT.LTD.AND ORIENT FANS (PROP. ORIENT PAPER & INDUSTRIES LTD.) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2012. Appearance: Mr.D.Basak, Adv.Mr.K.Choudhury, Adv.Mr.V.Jhunjhunwala, Adv.Mr.Ratnanko Banerjee, Adv.Mr.Debnath Ghosh, Adv.The Court : The parties through counsel representing them agree that the company will pay off the outstanding licence fees as at August, 2010, inclusive of interest and costs, of Rs.10 lakh to the petitioner in three equal or nearly-equal monthly instalments beginning February 1, 2012 and payable by the fiRs.day of the two succeeding months. The parties also agree that the company will carry on paying occupation charges to the petitioner at the rate last paid (Rs.1,46,191.62) from September, 2010 till the company continues to occupy the premises or till such time that the reference is decided. The parties have further agreed that with...
Kanak Lall Seal and anr. Vs. Vijaya Bal Vidyalaya
Court: Kolkata
Decided on: Jan-04-2012
GA No.3614 of 2011 With CS No.72 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE In the matter of: Kanak Lall Seal & Anr. Versus Vijaya Bal Vidyalaya Before: The Honble Justice I.P.MUKERJ.Date:04. 01.2012 Appearance: Mr.Dipak Kr. Basu Sr.Adv., Mr.L.R.Mondal Adv., Mr.Ravin Dutta Adv., The Court: The plaintiffs claim to be the owner of the property at 131 Chittaranjan Avenue, Kolkat073. It is said that part of this property was let out to a school Vijaya Bal Vidyalaya. It was also submitted that this school was managed and controlled by the Primary Education Department, State of West Bengal. In those circumstances when this application was moved on 23rd December, 2011 I directed notice to be given to the West Bengal Government. Such notice has been served, as submitted. Affidavit of service is to be filed by 4th January, 2012. None appears for the West Bengal Government. Let another notice be served on the West Bengal Government. Mr.Dipak Basu le...
Vs. Nurul Huda Layekdefendant/
Court: Kolkata
Decided on: Jan-04-2012
GA No.2794 of 2011 WP No.208 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE K0LKATA MUNICIPAL CORPORATION & ANR. Plaintiff/Petitioner/Applicant Versus NURUL HUDA LAYEK Defendant/Respondent For Plaintiff/Petitioner : Mr.Haradhan Banerjee with Mr.Asit Kr. Bhattacharjee, Adversus For Defendant/Respondent : Mr.Bimal Chatterjee, Sr.Adv.with Ms.Ira Ghosh, Adv.BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :4. h January, 2012. This is an application for modification and/or variation of the order 10th dated May, 2011 passed by this Court in Writ Petition No.208 of 2011, the operative part whereof is set out hereinbelow for convenience : This writ application is disposed of by giving an opportunity to the petitioner to apply for a fresh sanction of building plan as directed by this Court in W.P.No.19952 (W) of 2006 filed by the petitioner and/or his predecessorin-interest. It appears that the petitioner had earl...
Co. Pvt. Ltd. and anr Vs. the State of West Bengal and Others
Court: Kolkata
Decided on: Jan-04-2012
WP No.1110 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANMATHA NATH KUNDU & SONS CONSTRUCTION Co.PVT.LTD.& ANR Petitioners Versus THE STATE OF WEST BENGAL & OTHERS Respondents For Petitioners : Mr.Debayan Bera, Advocate Mr.Subrata Mukherjee, Advocate For Respondents : Mr.R.A. Agarwal, Advocate BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :4. h January, 2012. The Court : The petitioners in this WP under art. 226 are questioning a decision of the Competent Authority dated November 21, 2011 (at page 139).The directors of the fiRs.petitioner previously formed a firm and the firm was enlisted with the Public Works Department of the Government of West Bengal as a class-I contractor. The enlistment is still valid. After conversion of the firm into a private limited company, the company submitted an application dated July 9, 2011 for recording the change of status.This application has been virtually turned down by the Competent Authority who g...
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