Kolkata Court October 2012 Judgments
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Smt. Rina Dhar Vs. Smt. Bani Dhar and Others
Court: Kolkata
Decided on: Oct-11-2012
Ashim Kumar Banerjee, J. Amarendranath Dhar established a business of paper by the name of “Imperial Paper House”. He took his nephew Kamal Kumar Dhar in his business to assist him. His sons were minor, hence he got assistance from his nephew. Amarendranath executed a registered Deed of Gift on August 12, 1961 in favour of Kamal Kumar as also his two sons by which all the three became the owner of the said business that was converted into a partnership. Since then, three partners carried out the business. Pertinent to note, within a few months of such partnership being entered into Amarendranath died leaving him surviving his two sons name above. At that time Rajat was a minor. His interest was being looked after by Kamal Kumar as claimed by him. Kamal Kumar claimed, he arranged marriage of the daughters of Amarendranath out of the business income as also brought up Rajat and Adhar as guardian of the family. According to Kamal Kumar, he was running the show in absence of Am...
Jayanta Mukherjee and anr. Vs. Cacutta Electric Supply Corporation Ltd ...
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.778 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAYANTA MUKHERJEE & ANR. Versus CACUTTA ELECTRIC SUPPLY CORPORATION LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date:11. h October, 2012. Appearance: Mr.Amitava Ghosh with Mr.N.Mukherjee, Advocates ...for the petitioners Mr.Sudip Das, Advocate ...for Respodnent No.4 The Court: By this writ petition, the petitioners seek recall of order dated 10th May 2012 passed in WP No.545 of 2010 and a declaration that the said order is not binding on them. The case of the petitioners is that one Amiya Bala Debi was a consumer of electricity supply in respect of premises No.59/A/1A, Raja Raj Ballav Street, Kolkata 3. Supply was enjoyed from the said by meter of Amiya Bala Debi her legal heirs and representatives and this continued till 15th March 2010 when the said meter in the name of Amiya Bala Debi was surrendered and thereafter disconnection effected by the licensing company on 25th Mar...
Joyabrata Chakrabortypetitioner Vs. State of West Bengal and ors.Respo ...
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.1435 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JOYABRATA CHAKRABORTY Petitioner Versus STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE PATHERYA Date :11. h October, 2012. Appearance : Mr.Rameswar Bhattacharya, Advocate. Mr.Arun Kanti Bera, Advocate. Mr.Subhodeep Mukherjee, Advocate. for the petitioner The Court : By this writ petition, the petitioner seeks to challenge a resolution dated 21st January, 2010 so also quashing a notification dated 28th March, 2008. The case of the petitioner is that he applied for a route permit from Kadamtala Bus Stand to Rajarhat New Town via a portion of the districts of 24-Parganas (North).24Parganas (South).Kolkata and Howrah. Therefore, as per the notification dated 11th February, 2005, the petitioners carriage covered four regions using Vidyasagar Setu. Therefore, the exception was satisfied by the petitioner and on the ground that four regions were not covered, the ord...
Smt. Dipali Dawn (Rakshit). Vs. Eastern Coalfields Ltd. and ors.
Court: Kolkata
Decided on: Oct-11-2012
WP No.1640 of 2004 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Smt. Dipali Dawn (Rakshit).Versus Eastern Coalfields LTD.& ORS.BEFORE: The HON'BLE JUSTICE Ashoke Kumar Dasadhikari Date : OCTOBER 11 2012. Appearance: Mr.S.S Arefin, Adv.Mr.R.N.Majumder, Adv.Mr.R.Dutta, Adv.Mr.N.Roy, Adv.The Court:- The writ petitioner is aggrieved against the impugned decision taken by the respondent authorities denying appointment to the writ petitioner who was admittedly a land loser and guided and/or covered under a land loser scheme introduced by the respondent-Eastern Coalfields LTD.Learned Counsel for the writ petitioner submits that there is no dispute that the writ petitioner was a land loser and initially she applied for employment as per scheme. However, subsequently due to her ailment she made a prayer before the respondent-authorities for giving employment to her brother. The concerned respondents accepted the offer made by the writ petitioner and they have completed all req...
Asoke Kararpetitioner Vs. State of West Bengal and ors.Responden
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.1398 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASOKE KARAR Petitioner Versus STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE PATHERYA Date :11. h October, 2012. Appearance : Mr.Rameswar Bhattacharya, Advocate. Mr.Arun Kanti Bera, Advocate. Mr.Subhodeep Mukherjee, Advocate. for the petitioner The Court : By this writ petition, the petitioner seeks to challenge a resolution dated 21st January, 2010 so also quashing a notification dated 28th March, 2008. The case of the petitioner is that he applied for a route permit from Kadamtala Bus Stand to Rajarhat New Town via a portion of the districts of 24-Parganas (North).24Parganas (South).Kolkata and Howrah. Therefore, as per the notification dated 11th February, 2005, the petitioners carriage covered four regions using Vidyasagar Setu. Therefore, the exception was satisfied by the petitioner and on the ground that four regions were not covered, the order of reje...
M/S. Bildrite Construction Co. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT No.483 of 2012 GA No.2774 of 2012 EC No.180 of 2012 M/S.BILDRITE CONSTRUCTION Co.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble Mr.KALYAN JYOTI SENGUPTA, ACTING CHIEF JUSTICE A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :11. h October, 2012. The Court: By consent of the parties dispensing with all formalities, we dispose of both the appeal and the application upon treating as on days list. Accordingly, there will be an order in terms of prayer (a).All undertakings are discharged. Mr.P.Sinha, waives service of notice of appeal. This appeal is directed against the judgment and order of the learned Trial Judge dated 25th September, 2012 by which the learned Trial Judge has refused to execute the deemed decree, namely an award passed in arbitration proceedings. The execution application has been levied before action under Section 34 of Arbitration & Conciliation AC, 1996 is brought befo...
Vs. State of West Bengal and ors.Responden
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.1395 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUBRATA MALLICK Petitioner Versus STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE PATHERYA Date :11. h October, 2012. Appearance : Mr.Rameswar Bhattacharya, Advocate. Mr.Arun Kanti Bera, Advocate. Mr.Subhodeep Mukherjee, Advocate. for the petitioner Mr.Ram Anand Agarwal, Addl.AOR Ms.Munmun Tewary, Advocate.for the State. The Court : By this writ petition, the petitioner seeks to challenge a resolution dated 21st January, 2010 so also quashing a notification dated 28th March, 2008. The case of the petitioner is that he applied for a route permit from Kadamtala Bus Stand to Rajarhat New Town via a portion of the districts of 24-Parganas (North).24Parganas (South).Kolkata and Howrah. Therefore, as per the notification dated 11th February, 2005, the petitioners carriage covered four regions using Vidyasagar Setu. Therefore, the exception was satisfied by the petit...
L and Tfinance Ltd. Vs. M/S. Lds Engineers Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Oct-11-2012
AP No.477 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.-VersusM/S.LDS ENGINEERS PVT.LTD.& ANR. Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Ajit Keshari, Adv...for the respondent. Mr.Rajarshee Dutta, Adv...for the third party. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : October 11, 2012. The Court : The petitioner in these proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 is a finance company and has carried the application on the respondents failure to pay the instalments in terms of the agreement. The respondents had indicated in couRs.of earlier hearing that the asset that forms the subject-matter of agreement between the parties had apparently been made over to a third party. Though the petitioner says that the asset could not have been alienated during the currency of the agreement, the petitioner has agreed to accept the balance payment in terms of the agreement from the ...
C.i.T., Kolkataxviii Vs. Raei Polymers and Chemicals Company
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.205 of 2012 GA No.2525 of 2012 C.I.T., KOLKATA-XVIII Versus RAEI POLYMERS & CHEMICALS COMPANY BEFORE: The Hon'ble Mr.KALYAN JYOTI SENGUPTA, ACTING CHIEF JUSTICE A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :11. h October, 2012. The Court : Mr.P.Das, learned Advocate appears on behalf of the respondent and assures this Court that in couRs.of today, he will file vakalatnama in the department. While considering the matter for admission of this appeal, we feel that the impugned judgment and order has been passed in such a way that we do not think it requires full-fledged hearing upon admission. We admit the appeal on the following substantial question of law: Whether the learned Tribunal was justified in upholding the order of the Assessing Officer and Commissioner of Income Tax (Appeal) without discussing and deciding the correctness of the judgement and order of both the authorities belo...
Ritesh Senpetitioner Vs. State of West Bengal and ors.Responden
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.1536 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RITESH SEN Petitioner Versus STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE PATHERYA Date :11. h October, 2012. Appearance : Mr.Rameswar Bhattacharya, Advocate. Mr.Arun Kanti Bera, Advocate. Mr.Subhodeep Mukherjee, Advocate. for the petitioner Mr.Ram Anand Agarwal,Advocate. Ms.Jyotsna Roy Mukherjee, Advocate.for the State. The Court : By this writ petition, the petitioner seeks to challenge a resolution dated 21st January, 2010 so also quashing a notification dated 28th March, 2008. The case of the petitioner is that he applied for a route permit from Kadamtala Bus Stand to Rajarhat New Town via a portion of the districts of 24-Parganas (North).24Parganas (South).Kolkata and Howrah. Therefore, as per the notification dated 11th February, 2005, the petitioners carriage covered four regions using Vidyasagar Setu. Therefore, the exception was satisfied by the pe...
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