Kolkata Court October 2012 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-17-2012
W.P.920 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side RAM PRASAD BAURI Versus COAL INDIA LTD AND ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date :17. h October, 2012. For the Petitioner : Mr.Subrata Ganguly For the Respondents : Mr.Kalimuddin Mondal with Mr.S.Ghosh, Advocates THE COURT : The petitioner is directed to serve all the respondents, if not already served, within 15 days from objection today. about The the respondents territorial take a preliminary jurisdiction of this Court to entertain the writ petition. According to them, the appropriate High Court should be Jharkhand High Court. It, however, appears that the petitioner has not virtually annexed any relevant documents to the writ petition. Mr.Ganguly submits that the appointment letter or charge sheet or any other order of dismissal was never issued to his client. This contention is disputed very seriously by the learned advocate for the responden...
M/S Phoenix Arc Pvt. Ltd Vs. Sudha Khemka and ors.
Court: Kolkata
Decided on: Oct-17-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT 49 OF 201.GA 286.OF 201.CS 26.OF 201.M/S PHOENIX ARC PVT.LTD Versus SUDHA KHEMKA & ORS.--APOT 47 OF 201.GA 273.OF 201.CS 26.OF 201.SUDHA KHEMKA & ANR. -VSCENTRAL BANK OF INDIA & ORS.BEFORE: The Hon'ble Mr.KALYAN JYOTI SENGUPTA, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :17. h October, 2012. The Court : By this common judgment and order, both the both the aforesaid appeals are disposed of. There will be order in terms of prayer (a) in applications. On hearing the parties, we have been able to understand that the order impugned will not effectively serve the interest of any of the parties. The parties have also agreed that the matter should be remanded to the learned Single Judge. Accordingly, we set aside the impugned judgment and order of the learned Trial Judge by requesting His Lordship to hear the matter afresh after completion of affidavits in the matter which shall be do...
HanjIn Shipping (S) Pte Ltd. Vs. Prime Shipping Inc. Six.
Court: Kolkata
Decided on: Oct-17-2012
ORDER SHEET APO No.358 of 2012 AS No.20 of 2000 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HANJIN SHIPPING (S) PTE LTD.Versus PRIME SHIPPING INC. SIX. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :17. h October, 0012. Appearance: Mr.Tilak Bose, Sr.Advocate with Mr.Swatarup Banerjee, Mr.S.Roy, Advocates For the appellant. Mr.S.K. Das and Mr.S.Dasgupta, Advocates For the respondent. ASHIM KUMAR BANERJEE, J:- This limited appeal fund admiralty that action. would was The relate directed facts to by in a disbursement this narrow court in campus of an would depict, the vessel M.V.Prime Value capsized in the river Hooghly while approaching to Calcutta Dock. It was carrying cargo for various parties including the defendant no.7 being the appellant before us. The owner of the vessel was a company duly registered under the appropriate laws of the country of Panama. The limited liability suit was filed under the provisions of the...
Titagarh Wagons Ltd. Vs. A.P.Mollermaersk a/S and ors.
Court: Kolkata
Decided on: Oct-17-2012
ORDER SHEET TA No.124 of 2012 T No.119 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TITAGARH WAGONS LTD.Versus A.P.MOLLER-MAERs.A/S & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :17. h October, 2012. Appearance: Mr.S.N.Mookerji, Sr.Advocate Mr.Jishnu Saha, Advocate Mr.Jayjit Ganguly, Advocate Mr.S.K.Das, Advocate The Court: This is a New Motion. moved on an urgent basis in the presence of the learned Counsel for the fiRs.and second defendants. The plaintiff are importeRs.The imported cargo is contained in 75 containers belonging to the above defendants, lying at the Container Freight Station of the seventh defendant at Sonai. The other details are mentioned in prayer (a) of the notice of motion. The defendants are ship-owners/carrier. It is submitted on their behalf that they are exercising a lien on the above cargo for the detention charges payable to them in respect of the above containeRs.Such charges Rs.2,83,92,584/-. upto 31st Octobe...
Sarban Bhuian Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Oct-17-2012
G.A.No.2569 of 2011 W.P.No.501 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sarban Bhuian Versus Coal India Limited & ORS.For the petitioner : Mr.U.S. Agarwal, Advocate For the respondents : Mr.Alok Banerjee, Advocate Mr.Pradyot Kumar Das, Advocate Heard on :21. 08.2012 Judgement on :17. 10.2012 The Court : The father of the writ petitioner Late Baldeo Bhuian was an employee under the Eastern Coalfield Limited. He died on January 15, 1988 while he was still in service. At that time the petitioner was a minot and after attaining majority he made an application before the concerned authority for employment as per the National Coal Wage Agreement (for short, the Agreement).On September 3, 2008 the Senior Personnel Officer sent a letter to the petitioner and asked him to correct some documents and formalities which were done. On December 26, 2008 the petitioner appeared before the Medical Examination Board where his age was assessed as between 30 and...
The Board of Trustees for the Port of Kolkata Vs. Great Offshore Compa ...
Court: Kolkata
Decided on: Oct-17-2012
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.74 of 2008 THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA Versus GREAT OFFSHORE COMPANY AND AP No.116 of 2008 GREAT OFFSHORE COMPANY VERSUS THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h October, 2012. Appearance: Mr.S.K. Kapoor, Sr.Adv.Mr.Ravi Kapoor, Adv..for the petitioner in AP No.74 of 2008 and the respondent in AP No.116 of 2008 Mr.Tilok Bose, Sr.Adv.Mr.S.S. Bose, Adv.Mr.S.Roy, Adv..for the respondent in AP No.74 of 2008 and the petitioner in AP No.116 of 2008 The Court : Both parties have challenged the arbitral award of November 26, 2007: the Kolkata Port Trust assails that part of the award that declares that KoPT was not entitled to claim liquidated damages from the contractor and directed refund of the amount deducted by KoPT from the bills raised by the contractor on account of charter hire; and the contractor questions the award for d...
Vikash Metal and Power Limited and Another Vs. Corporation Bank
Court: Kolkata
Decided on: Oct-16-2012
Ashim Kumar Banerjee, J. The appeals would relate to claim in a winding up proceeding made by Corporation Bank for Rs.10.8 crores for Sahyogi Distributorship Ltd. and Rs.8 crores against Vikas Metal and Power Ltd. Amounting to Rs.18.8 crores. The learned Single Judge admitted the winding up petitions and directed advertisement to be published. Being aggrieved, both the companies being Vikas and Sahyogi filed two separate appeals. The appellants failed to obtain any order of stay, resulting advertisement published in the newspaper. It is yet to be disposed of finally. The appeals were heard by us on the abovementioned dates. If we bring the facts in a short campus, it would be as follows: Facts would depict, the parties entered into a financial arrangement by which the appellants being constituent of the respondent Bank used to enjoy credit facilities against the cheques being deposited in the Bank without waiting for their clearance. As per the arrangement the moment cheques were depos...
Raju Murmupetitioner Vs. Coal India Ltd and ors.Respondents
Court: Kolkata
Decided on: Oct-16-2012
W.P.553 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side RAJ.MURMU Petitioner Versus COAL INDIA LTD & ORS.Respondents BEFORE: The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date :16. h October, 2012. For Petitioner : Mr.Subrata Ganguly, Advocate For Respondents : Mr.Alok Banerjee with Mr.S.Ghosh, Advocates THE COURT upon the : This is an application for a direction respondents to provide the petitioner with employment in the place of his deceased father who was an employee of the respondent No.2 which is a subsidiary to Coal India Ltd., the respondent No.1. The case of the petitioner was that his father died in the year 2002 at the age of 29 and that when his father was appointed, he was aged around 21 yeaRs.He had worked for 8 years and died at the age of 29 in the year 2008 which means that had he been alive today, he would have been around 33 years of age. The petitioner has affirmed this affidavit disclosing that he himself is aged 27 yeaRs.Mr.Gan...
Abhishek Bhiwaniwala Vs. Yumto Bui
Court: Kolkata
Decided on: Oct-16-2012
AP No.667 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHISHEK BHIWANIWALA Versus YUMTO BUI BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :16. h October, 2012. Appearance: Mr.J.Chowdhury, Adv.Mr.Chayan Gupta, Adv.Mr.Sandip Chamaria, Adv.Mr.D.Chatterjee, Adv.The Court : The petitioner and the respondent entered into a joint venture agreement in connection with a contract obtained from the Assam State Electricity Board. The parties agreed to part ways upon payment of about Rs.58 lakh being made by the respondent to the petitioner. Cheques for such amount were made over to the petitioner and have not been dishonoured upon presentation. The petitioner seeks an immediate order restraining the respondent from receiving any payment from the Assam State Electricity Board without fiRs.discharging the respondents debt to the petitioner on the basis of the dishonoured cheques. It is also not in dispute that notices of dishonour under Section 138 of ...
Lipika Das Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Oct-16-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT 48 OF 201.WITH GA 277.of 2012 WP 36.of 2012 LIPIKA DAS Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble Mr.KALYAN JYOTI SENGUPTA, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :16. h October, 2012. Mr.Abhrajit Mitra, Sr.Advocate Mr.Jishnu Chowdhury, Advocate ..for appellant Mr.Gurudas Mitra, Advocate Ms.Piyali Sengupta, Advocate for KMC Mr.S.Banerjee, Advocate for respondent 6. The Court :- There will be an order in terms of prayer (a) of the petition. Let the requisite number of paper books be filed within four weeks after Puja Vacation enclosing all the papers used before the learned Trial Judge. All the respondents before us are present. Therefore, they waive service of notice of appeal. All formalities are dispensed with. This Court upon hearing learned Counsel of the parties, thinks following interim order is required to be passed :It is an admitted position th...
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