Kolkata Court December 2012 Judgments
Titagarh Wagons Ltd Vs. a .P. Moller Maersk a/S and ors
Court: Kolkata
Decided on: Dec-18-2012
1 ORDER SHEET GA No.3277 of 2012 APOT No.567 of 2012 CS No.359 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TITAGARH WAGONS LTD Versus A .P.MOLLER - MAERs.A/S & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :18. h December, 2012. Appearance: Mr.S.N. Mookherjee, Sr.Advocate with Mr.J.Saha, Advocate for the appellant. Mr.Tilak Bose, Sr.Advocate with Mr.S.K.Das, Advocate for the respondent Nos.1 and 2. Mr.P.K. Jewrajka and Ms.N.Adhya, Advocates For respondent no.7 The Court :- The controveRs.would relate to delay in unloading of the cargo that was brought through 75 containers belonging to the respondent no.1 and lying at container freight station belonging to respondent no.7. The learned Judge directed removal of the containers from the container freight station and destuffing of cargo at the place belonging to the appellant. His Lordship directed payment of the container freight station charges payable to the r...
Tag this Judgment!Bharat Chamber of Commerce and ors. Vs. Kolkata Municipal CorporatioIn ...
Court: Kolkata
Decided on: Dec-18-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TA No.157 of 2012 WP No.999 of 2012 BHARAT CHAMBER OF COMMERCE & ORS.Versus KOLKATA MUNICIPAL CORPORATIOIN & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :18. h December, 2012. For Petitioners : Mr.Jishnu Saha, Advocate For Applicant : Mr.H.K. Mitra, Senior Advocate For K M C: Mr.B.K. Chatterjee, Senior Advocate with Mr.Barin Banerjee, Advocate TA 15.of 2012 The Court : The writ petitioner claims that the petitioner Nos.1 and 2 are the recorded owners of premises no.9/1, Syed Amil Ali Avenue, Kolkata ad-measuring land comprising of 19 cuttah 8 chitak and 2 sq.ft. more or less. The names of the petitioner Nos.1 and 2 were mutated as owners of the said property in the municipal records. After series of litigations been held between the parties, a building plan was ultimately sanctioned by the municipal authority permitting the petitioners to raise construction on the said plot of land ...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-18-2012
CA No.783 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: M/S.GUJARAT NRE COKE & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :18. h December, 2012. Mr.M.S. Tiwari, Adv.appears The Court: That a separate meeting of the holders of the eEquity shares in the transferee company shall be convened and held at Gyan Manch., Pretoria Street, Kolkat071. at 10.30 am 11, on January 28, 2013 for the purpose of considering and, if thought fit, approving with or without modification, a scheme of amalgamation between the applicant companies and their respective shareholders for the purpose of amalgamation of the transferor company with the transferee company. That a separate meeting of the holders of the equity shares in the transferor company shall be convened and held at Gyan Manch, 11, Pretoria Street, Kolkat071. at 11.30 am on January 28, 2013 for the purpose of considering and, if thought fit, approving with or without modification, the scheme of amalgamatio...
Tag this Judgment!Putul Jash Vs. Income Tax Officer Ward 1(3) Asansol and ors.
Court: Kolkata
Decided on: Dec-18-2012
ORDER SHEET GA NO.2933 OF 201.ITAT NO.238 OF 201.IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE PUTUL JASH Versus INCOME TAX OFFICER WARD 1 3) ASANSOL & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE MRINAL KANTI SINHA Date :18. h December, 2012. Appearance: Mr.R.Bharadwaj, Mr.Faizul Islam, Advocates for the appellant The Court : The appellant has put forward the following question in seeking admission of the appeal. For that the Learend Income Tax Appellate Tribunal erred in law in holding the interest free unsecured loan of Rs.34,55,000/- as the income in the hand of the petitioner for the period assessment year 2006-07 when all the conditions of taking loans were fulfilled and the genuineness of the transactions were proved beyond any doubt before all the authorities below and thus the Order of the Ld.Tribunal is perverse. On the face of it the question is a question of fact. Whether the finding is perveRs.may be a mixed questi...
Tag this Judgment!Coal India Ltd. Vs. Nicco Corporation Ltd.
Court: Kolkata
Decided on: Dec-18-2012
ORDER SHEET ACO No.251 of 2012 With APO No.367 of 2010 CP No.483 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction COAL INDIA LTD.Versus NICCO CORPORATION LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :18. h December, 2012. Mr.Abhrajit Mitra, Mr.Jishnu Chowdhury, Mr.S.Das for the applicant. Mr.Sourya Sadhan Bose, Mr.S.Prosad for the respondent. The Court : The suit was decreed ex parte. The Coal India Limited did not appear despite service as alleged by the applicant being the decree-holder. The Coal India Limited subsequently filed an application for setting aside whereas the applicant approached the Company Court for its winding up on the strength of the ex parte decree. The learned Company Judge admitted the winding up petition coupled with awarding of costs of Rs.85,000/-. The Division Bench set aside the order of the learned Single Judge, however, directed deposit of the principal amount with the Registrar subject to the re...
Tag this Judgment!Vs. the State of West Bengal and Orsresponden
Court: Kolkata
Decided on: Dec-18-2012
ORDER SHEET WP No.804 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SK. RUHUL AMIN Petitioner Versus THE STATE OF WEST BENGAL & ORS Respondents BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :18. h December, 2012. Appearance : Ms.Somashree Saha, Advocate. for the petitioner Mr.S.C.Prasad, Advocate. for the respondents. The Court : Let the affidavit of service filed in Court today be kept with the record. The petitioner who was an employee of the respondent no.4, was terminated from his service. An industrial dispute having been raised, the tribunal below by an Award dated December 28, 1999 had held that the termination of the petitioner was unjustified and that he was entitled to all dues from March 25, 1995 till he attained the age of superannuation. This Award was published on January 27, 2000. The grievance of the petitioner is that in spite of communication of the Award, the same was not implemented and he took out an application...
Tag this Judgment!Academy of Fine Arts and ors. Vs. Jahar Dasgupta and ors.
Court: Kolkata
Decided on: Dec-18-2012
GA No.3156 of 2012 CS No.385 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICITON Academy of Fine Arts & ORS.Versus Jahar Dasgupta & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date:18. h December 2012 Appearance: Mr.S.N. Mookherjee, Sr.Advocate Mr.Tilak Kr. Bose, Sr.Advocate Mr.Anirban Roy, Advocate Mr.Orijit Chatterjee, Advocate Mr.Sreya Basu Mallick, Advocate Ms.Swati Dalmia, Advocate for the plaintiffs Mr.Jaydeep Kar, Advocate Mr.S.Ghosh, Advocate for defendant Nos.1, 3, 4, 12, 13 & 14 Mr.Sakya Sen, Advocate for defendant Nos.2, 7, 8, 16, 17, 18 & 21 Kolkata is still the cultural capital of India. The Academy of Fine Arts is an institution by itself. It has made a glorious contribution to the culture of Kolkata. This Academy has amongst other things a very rich collection of paintings, including those of Jamini Roy and Rabindra Nath Tagore. Apart from their aesthetic beauty the paintings have great monetary value. Apparently there is great dissension within the...
Tag this Judgment!Ashok Kumar Kanu and ors. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Dec-18-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP 46.OF 200.GA 52.of 2011 ASHOK KUMAR KANU & ORS.Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :18. h December, 2012. Mr.S.Mukherjee, Advocate Mr.S.Chatterjee, Advocate ..for intervener Mr.Satyabrata Majumder, Advocate ..for WBSED Co.LTD.Mr.Bimal Kumar Chatterjee, Sr.Advocate Mr.Sandip Kumar De, Advocate for KMC Mr.Sibdas Banerjee, Sr.Advocate Mr.Debnath Ghosh, Advocate Mr.Ashis Kumar Mukherjee, Advocate Mr.Jishnu Saha, Advocate Mr.Partha Mukherjee, Advocate Mr.Rohit Chowdhury, Advocate Ms.Sulagna Mukherjee, Advocate Mr.A.Banerjee, Advocate ..for Bharat Chamber of Commerce The Court :-By this application the petitioner seeks substitution of its name in place and stead of the original writ petitioner. The reason for substitution is that by a deed of conveyance dated 14.02.2011 premises No.13, Syed Amir Ali Avenue was conveyed in favour of the applicant herein....
Tag this Judgment!Limited Vs. M/S Mining and Construction Equipment
Court: Kolkata
Decided on: Dec-18-2012
GA No.3215 of 2012 AP No.126 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusM/S MINING & CONSTRUCTION EQUIPMENT PVT.LTD.& ANR. Appearance: Mr.R.N.Ghosh, Adv...for the petitioner. Mr.Anuj Singh, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :December 18, 2012. The Court : G.A.No.3215 of 2012 is an application by the respondents in A.P.No.126 of 2012 for modification of the order dated October 10, 2012 by which the receiver appointed in the matter was directed to dismantle the jaw crusher that forms the subject-matter of agreement between the parties for the purpose of removing the same and the ultimate sale thereof. The applicant says that the dismantling and removal of the jaw crusher will involve considerable expense and may also result in damage to the equipment. The petitioner in A.P.No.126 of 2012 agrees that the jaw crusher need not be dismantled or removed but say...
Tag this Judgment!Basesar Dayal Agarwal and ors. Vs. Nipha Exports Private Limited and A ...
Court: Kolkata
Decided on: Dec-18-2012
1 ORDER SHEET G.A No.2622 of 2012 APOT No.457 of 2012 CS 11.of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BASESAR DAYAL AGARWAL & ORS.Versus NIPHA EXPORTS PRIVATE LIMITED AND ANOTHER BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :18. h December, 2012. Appearance: Mr.Dhiraj Trivedi with Mr.Rajesh Upadhyay Ld. Advocates for the appellant. Mr.Jishnu Saha with Mr.Sakya Sen, ld. Advocates For the respondent Mr.Gour Roychowdhury with Mr.S.Debnath, ld. Advocates for the KMC. The Court :- The subject controveRs.would relate to a dispute between the flat owners on the one hand and the association on the other. The flat owners approached the learned Single Judge on three fold grievances: (i) Their generator line was disconnected. (ii) There had been stoppage of lift facility, (iii) There had been stoppage of car parking facility. The learned Single Judge from time to time gave interim protection and ultimately disposed of th...
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