Kolkata Court December 2012 Judgments
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Vs. Jyotirmay Royresponde
Court: Kolkata
Decided on: Dec-17-2012
ORDER SHEET APO No.284 of 2012 With WP No.1562 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PUNJAB NATIONAL BANK Appellant Versus JYOTIRMAY ROY Respondent BEFORE: The Hon'ble JUSTICE TAPEN SEN The Hon'ble JUSTICE DIPAK SAHA RAY Date :17. h December, 2012. For Appellant : Mr.B.R. Bhattacharyya, Sr.Advocate Mr.Soumya Majumdar, Advocate Ms.Dolan Dasgupta, Advocate For Respondent : Mr.Anjan Bhattacharyya, Advocate The Court : This Appeal is directed against the Judgment and Order dated 3.4.2012 passed in WP No.1562 of 2010 whereby and whereunder the Learned Trial Judge, holding that the services of the Petitioner was not terminated under the PNB Officer Employees (Discipline & Appeal) Regulations, 1977, was pleased to hold that since the Petitioners services had been compulsory retired and not terminated, therefore, the Respondents should to release the Banks contribution to the Provident Fund annum. as well as Gratuity along with interest at the rate of...
Pran Kumar Bhattacharyya Vs. Sukumar Bhattacharyya and ors.
Court: Kolkata
Decided on: Dec-17-2012
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Nishita Mhatre And The Honble Justice Anindita Roy Saraswati 17.12.2012 GA 334.of 2010 APO 42.of 2010 CS 3 of 2005 Pran Kumar Bhattacharyya versus Sukumar Bhattacharyya & ORS.The Court :- The learned Advocate for the respondents has brought to our notice certain typographical errors in our order dated 10th December, 2012. Unfortunately although the matter was fixed today with the consent of the learned Advocate for the appellant he was not present today at 10.30 A.M.when the matter was called on. We, therefore, directed the learned Advocate for the respondents to inform him that we would consider the matter at 2 P.M.today. However, Mr.Bhattacharyya, learned Advocate for the appellant is not present. Since the changes are merely typographical errors we are of the view that the changes must be made. Accordingly, the following changes should be carried out in our judgment and order dated ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-17-2012
ORDER SHEET G.A.No.3283 of 2012 A.S.No.3 of 2012 T.A.No.155 of 2012 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction -QVC INTERNATIONAL PRIVATE LIMITED .Plaintiff Versus THE OWNERS & PARTIES INTERESTED IN THE VESSEL M.V.ELENI M.Defendant BEFORE: The Hon'ble Justice SOUMEN SEN Date :17. h December, 2012. Appearance: Mr.Ratnanko Banerji, MRS.Lapita Banerji, Mr.Swarajit Dey, Mr.Indradeep Basu, Advocates .For the Plaintiff Mr.P.S.Basu, Advocate for the Defendant The Court: This matter is mentioned at the instance of the plaintiff. Both the learned Advocates for the plaintiff and the defendant are present. The matter, by consent, is treated as on the days list. Mr.Banerji appearing on behalf of the plaintiff submits that pursuant to the order dated 13th December, 2012 the vessel was arrested and the owners have not come and agreed to furnish security in order to release the vessel. He also submits that a Letter of Indemnity has already been furnished by the vessel owner to the satisfact...
Vs. Calcutta State Transport Corporation and Ors………responden
Court: Kolkata
Decided on: Dec-17-2012
ORDER SHEET W.P.No.1002 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.MANICKLAL DUTTA Petitioner. Versus CALCUTTA STATE TRANSPORT CORPORATION & ORSRespondents. BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :17. h December, 2012. For Petitioner : Mr.Bijan Bihari Roy,Advocate For CSTC : Mr.Pantu Deb Roy,Sr.Govt.Advocate Mr.Siddhartha Ruj,Advocate The Court : The petitioner in this writ petition under art.226 of the Constitution of India dated November 23,2012 is seeking following principal reliefs :(a) for issuance of a writ in the nature of Mandamus commanding the respondents showing cause why post retirement benefits of your petitioner should not be paid within a time limit; (b) A writ in the nature of Mandamus directing the respondents to dispose of the representation of your petitioner dated 9th July, 2012 and pay entire post retirement benefits within a time limit and to pay the amount stated as Rs.12,00,000/- within a time limit dur...
Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-07-2012
ORDER SHEET W.P.No.448 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SK. Md.ASLAM Petitioner Versus STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :7. h December, 2012. For Petitioner : Mr.Maloy Kumar Basu, Sr.Advocate Mr.Biswanath Chakraborty and Mr.Krishnendu Bera, Advocates For State : MRS.Chamma Mukherjee, Md.T.M.Siddiqui, Advocates The Court : The petitioner in this WP under Art.226 of the Constitution of India is questioning an order of the appellate authority dated May 25, 2012 (WP p.43).The order was passed under para. 10 of the West Bengal Kerosene Control Order, 1968. Mr.follows. Basu appearing Amendment for applying the petitioner which the has submitted original as authority inflicted penalty, having not received concurrence of the Central Government, could not be applied. In any case, the appellate authority having already approved the order dated February 14, 2012 could not act as the app...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-07-2012
CA No.667 of 2012 CP No.241 of 2009 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: KAMLAPUR SUGAR & INDUSTRIES LTD.(IN LIQN.) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :7. h December, 2012. Appearance: Mr.A.K. Sur, Adv.Mr.Indranil Nandi, Adv.Mr.Deepnath Roy Chowdhury, Adv.The Court : Several of the secured creditors of the company in liquidation are represented, including Stressed Assets Stabilization Fund which is the assignee of the dues of Industrial Development Bank of India. A meeting of the secured creditors of the company in liquidation was convened on December 3, 2012 under the aegis of the Pradeshiya Industrial and Investment Corporation of Uttar Pradesh where the secured creditors present agreed that the land, plant and machinery of the company in liquidation should not be sold at less than Rs.36.48 crore. IFCI is represented and says that the factory, land and related assets should not be sold for less than Rs.40 crore. SASF had written a letter...
Ltd.(In Liqn.) Vs. Sushil Kumar Kayan and ors.
Court: Kolkata
Decided on: Dec-07-2012
ORDER SHEET CA NO.496 OF 200.CP NO.414 OF 200.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE: THE OFFICIAL LIQUIDATOR KAYAN UDYOG LTD.(IN LIQN.) Versus SUSHIL KUMAR KAYAN & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :7. h December, 2012. Appearance: Ms.Smita Das De, Advocate appears Ms.Puja Das Choudhury, Mr.Niladri Khanra, Advocate appear The Court : The respondents offer to pay a sum of Rs.9,00,000/- to the Official Liquidator in full and final satisfaction of the claim in misfeasance. It appears that the primary charge against the respondents is that the respondents continued speculation business with company funds and foisted the losses on the company. The Official Liquidator says that the principal object of the company did not permit it to deal in shares. Though the respondents demonstrate that the ancillary objects of the company permitted it to deal in shares, it is evident that the only business of the company for a considerable period of time w...
Shalimar Chemicals Works Ltd Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-07-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE In the matter of: W.P.No.696 of 2012 Shalimar Chemicals Works Ltd Vs State of West Bengal & ORS.And W.P.No.703 of 2012 Nestle India LTD.-Vs.State of West Bengal & ORS.-AndW.P.No.844 of 2012 Knight Dealtrade PVT.LTD.& Anr versus State of West Bengal & ORS.And W.P.No.845 of 2012 Mani Square Hospitality Pvt Ltd & Anr Vs State of West Bengal & ORS.And W.P.No.891 of 2012 Bhaskar Shrachi Alloys & Anr Vs State of West Bengal & ORS.And W.P.No.892 of 2012 Surya Alloy Industries LTD.& Anr Vs State of West Bengal & ORS.And W.P.No.765 of 2012 Essar Projects (India) Ltd & Anr Vs State of West Bengal & ORS.-AndW.P.No.929 of 2012 Classic Steels Private Limited -versus State of West Bengal & ORS.-AndW.P.No.831 of 2012 India Power Corporation (Haldia) LTD.& Anr. -versus State of West Bengal & ORS.-AndW.P.No.832 of 2012 DPSC LTD.& Anr. -versus State of West Bengal & ORS.And W.P.No.900 of 2012 Tata Chemicals LTD.& An...
Mr.Ajay Agarwal @ Ajay Kumar Kayal Vs. Hahnemann Laboratory Ltd and or ...
Court: Kolkata
Decided on: Dec-07-2012
ORDER SHEET GA No.3182 of 2012 With APOT No.556 of 2012 CC No.91 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction MR.AJAY AGARWAL @ AJAY KUMAR KAYAL Versus HAHNEMANN LABORATORY LTD & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :7. h December, 2012. Mr.Sudip Deb, Mr.A.K. Gandhi, Mr.S.Sengupta for the appellant. Mr.Sayantan Bose, Mr.Sourabh Maitra for the respondents. The Court : In a passing off action the learned Judge passed an interim order restraining the appellant from using similar label that of the respondent. The appellant would contend, they changed the label, they changed the get up. The respondent would, however, insist for a Rule of contempt as according to them the change was ineffective as it is very difficult to decipher the products belong to the rival parties even from the changed label. The learned Judge directed affidavits to be exchanged and after affidavits His Lordship held that the respondent was able to...
Shukla Ghosh Vs. the K.M.C. and ors.
Court: Kolkata
Decided on: Dec-07-2012
ORDER SHEET GA No.2318 of 2012 -withWP No.1726 of 2006 GA No.2461 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHUKLA GHOSH Versus THE K.M.C.& ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :7. h December, 2012. Appearance : Mr.Arindam Banerjee, Advocate. for the petitioner. Mr.Prabal Kumar Mukherjee, Advocate. Mr.Rajat Dutta, Advocate. for the respdt. No.8 Mr.Kallol Basu, Advocate. Mr.Nilanjan Pal, Advocate. for the respdt. No.7 Mr.Barin Banerjee, Advocate. Mr.Swapan Kumar Debnath, Advocate. for the KMC The Court : This writ petition was filed by the petitioner challenging the order passed by the Special Officer (Building) on 10th August, 2006 by allowing the illegal construction made by the private respondents to be retained subject to payment of panalty. This writ petition was filed on 8th November, 2006. the pendency of this writ petition, the writ During petitioner transferred her right, title and interest in respect of the ...
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