Kolkata Court October 2012 Judgments
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Vs. State of West Bengal and ors.Respond
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.1438 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NARENDRA NATH DHANG & ANR. Petitioners 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, t...
Manju Chakravarti and anr. Vs. Sri Sudhir Kumar Chakraborty and ors.
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET APOT No.466 of 2012 TA No.103 of 2012 EOS No.7 of 1993 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side MANJ.CHAKRAVARTI & ANR. Versus Sr.SUDHIR KUMAR CHAKRABORTY & ORS.BEFORE: The Hon'ble Mr.KALYAN JYOTI SENGUPTA, ACTING CHIEF JUSTICE And The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :11. h October, 2012. The Court : It appears that during pendency of the suit two of the parties died. The appellants predecessor-in-interest namely, Pradyot Kumar Chakravarti died intestate leaving him surviving Manju Chakravarti, his widow, Prasenjit Kumar Chakravarti his son and Madhumita Chawla nee Chakraborty his daughter. Therefore, the death of Pradyot Kumar Chakravarti is recorded for all purposes and doing needful. We are informed that respondent No.1 Sudhir Kumar Chakraborty governed by Bengal School of Hindu law also died intestate on 24th July, 2012 leaving behind sole widow and only son. An application has been taken out before the learned Interlocutory Court ...
Commissioner of Income Tax, Kolkataxviii Vs. Raei Polymers and Chemica ...
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.209 of 2012 GA No.2667 of 2012 COMMISSIONER OF INCOME TAX, 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 ...
Arunangshu Samadderpetitioner Vs. State of West Bengal and ors.Respond ...
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.1392 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ARUNANGSHU SAMADDER 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 Ms.Sipra Majumdar, Advocate. Ms.Susmita Biswas Chowdhury, 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...
Sanjoy Kumar Sinhapetitioner Vs. State of West Bengal and ors.Responde ...
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET WP No.1439 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANJOY KUMAR SINHA 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 ...
Gopal Krishna Karmakar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP 149.OF 201.GOPAL KRISHNA KARMAKAR Versus STATE OF WEST BENGAL & ORS.Before :The Hon'ble JUSTICE PATHERYA Date :11. h October, 2012. Mr.Arun Kanti Bera, Advocate Mr.Subhodeep Mukherjee, Advocate ..for petitioner Mr.Pantu Debroy, Advocate ..for State Ms.Sutapa Sanyal,Advocate Mr.D.Bhattacharyya, Advocate ..for respondent 6 The Court :- By this writ petition the petitioner seeks to set aside transfer of ownership of vehicle WB 02.7280. The case of the petitioner is that he is the owner of the subject vehicle and transfer has been effected without giving any intimation under Section 51(2) of the 1988 Act to the last registering authority, or the original registering authority as per requirement of the said Section. Therefore, the registration of transfer be set aside and ownership be restored. Counsel for the respondent authority submits that Section 51(2) of the 1988 Act postulates only intimation ...
Smt. Indu Kocher and ors. Vs. Rajeev Maheshwari and ors.
Court: Kolkata
Decided on: Oct-11-2012
AP No.493 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. INDU KOCHER & ORS.Versus RAJEEV MAHESHWARI & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h October, 2012. Appearance: Mr.Jishnu Saha, Adv.Mr.Deepnath Roy Chowdhury, Adv.Mr.Pratik ghosh, Adv.Mr.Hirak Mitra, Sr.Adv.Ms.Noelle Banerjee, Adv.Ms.Ansumala Bansal, Adv.The Court : The present petition is under Section 20 of the Arbitration Act, 1940 and has been necessitated upon the arbitral tribunal not being constituted. The original petition under Section 20 of the 1940 Act that had been carried by the present petitioneRs.Special Suit no.9 of 1995, was allowed by a judgment and order of September 5, 2007, the operative portion whereof provided as follows: The petition succeeds. The Kochars will nominate one arbitrator by a writing to be issued to the second respondent (on behalf of all the respondents) within a fortnight from date and the Maheswaris will nominate their arbit...
The State of West Bengal Vs. K. Banerjee and Brothers
Court: Kolkata
Decided on: Oct-11-2012
AP No.200 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE STATE OF WEST BENGAL Versus K. BANERJEE & BROTHERS BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h October, 2012. Appearance: Mr.Arindam Sinha, Adv.Mr.Paritosh Sinha, Adv.Mr.Amitabha Ghosh, Adv.The Court : The State challenges an arbitral award of November 3, 2011 on the ground that some of the heads of claim allowed in favour of the contractor engaged for the purpose of construction of a road are in violation of the terms of the contract and otherwise at variance with the substantive law of the country. The State fashions the challenge on the basis of the dictum in the judgment reported at (2003) 5 SCC 70.(Oil & Natural Gas Corporation Limited versus Saw Pipes Limited).Paragraphs 13, 15 and 73 of the report have been placed. At paragraph 13 of the report, the Court said that an arbitral award cannot be in derogation of the substantive law of the country; that it cannot be at ...
Harish Chandra Wadhwa and ors. Vs. Ghosh Brothers Hospitality Pvt. Ltd ...
Court: Kolkata
Decided on: Oct-11-2012
AP No.802 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HARISH CHANDRA WADHWA & ORS.-VersusGHOSH BROTHERS HOSPITALITY PVT.LTD.Appearance: Mr.A.K.Routh, Adv...for the petitioner. Mr.Arindam Mukherjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : October 11, 2012. The Court : It does not appear from the report of the special officer that any major alteration or structural change has been caused by the respondent at the premises in question. It is, however, admitted by the respondent that as observed in the special officers report, a door has been dismantled and an eight-inch space on the wall next to the door has been broken down. The respondent says that the door was not wide enough to allow the cooking range in the relevant room to be taken out for repair work and the respondent says that it will restore the wall to its original shape and dimension upon the cooking range being brought back to the premises within...
Ultimate Digital Solutions Private Limited Vs. Metalogic Systems Priva ...
Court: Kolkata
Decided on: Oct-11-2012
ORDER SHEET APO NO.390 OF 201.WITH CP No.114 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ULTIMATE DIGITAL SOLUTIONS PRIVATE LIMITED Versus METALOGIC SYSTEMS PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :11. h October, 2012. Mr.D.Basak, Mr.A.Mitra, Mr.G.Chaudhuri for the appellant. Mr.S.B. Mookherjee, Sr.Advocate, Mr.N.M. Bhattacharya, Mr.Brajesh Jha for the respondent. The Court : The defence, although unconscionable, may successfully stall a winding up proceeding if the same is legally permissible. The subject matter of appeal would depict, three Bengali entrepreneurs established a partnership firm for carrying on business for extending logistic support to corporate field. They entered into agreement with the companies including the respondent. They raised bills and/or invoices to the extent of crores as claimed by them. They received payment in the name of the firm. They received Tax Deducted a...