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Kolkata Court December 2012 Judgments

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Dec 06 2012

Larsen and Toubro Ltd. Vs. Visa Power Ltd.

Court: Kolkata

Decided on: Dec-06-2012

AP No.825 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LARSEN & TOUBRO LTD.Versus VISA POWER LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :6. h December, 2012. Appearance: Mr.Jishnu Saha, Adv.Mr.D.Negi, Adv.Mr.Sanjay Ginodia, Adv.Mr.N.M. Mukherjee, Adv.Mr.Manot Kr. Tiwari, Adv.Mr.Tilok Bose, Sr.Adv.Mr.Sabyasachi Chowdhury, Adv.Ms.Ansumala Bansal, Adv.The Court : The special officers appointed by the previous order have carried out an inventory of both the equipment and the material at the site at Raigarh. Their report has been filed along with five boxes containing six compact discs of photographs taken by the joint special officers at the site. The parties say that the arbitral reference has commenced and the next date for the reference has been fixed in June of 2013. There are three areas of dispute that need to be resolved at the earliest, according to the parties. The measurement of the work done by the petitioner at the site has ...


Dec 06 2012

The Krishna Mineral Industries and anr. Vs. the Board of Trustees for ...

Court: Kolkata

Decided on: Dec-06-2012

ORDER SHEET WP No.871 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE KRISHNA MINERAL INDUSTRIES & ANR. Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :6. h December, 2012. The Court : Having heard Mr.Dutta, learned Advocate for the petitioner and Mr.Jena, learned Advocate for the Port Trust, I direct in modification of the order dated 18th October, 2012 that the petitioner shall pay occupation charge at the rate of Rs.64,912/- every month with effect from December, 2012 onwards till disposal of the writ petition by the seventh day of each succeeding month. The arrears for the months of August to November, 2012 shall be paid within a month from date. Needless to observe, payment to be effected in terms of this order would be without prejudice to the rights and contentions of both the parties in this petition. In the event of default in payment of occupation charge for any one month in t...


Dec 06 2012

M/S. Kedsati Iron and Steel Pvt. Ltd. Vs. Union of India and ors.

Court: Kolkata

Decided on: Dec-06-2012

ORDER SHEET TA No.152 of 2012 T No.166 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.KEDSATI IRON & STEEL PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :6. h December, 2012. Appearance: Mr.Jishnu Saha, Advocate Mr.Jayjit Ganguly, Advocate Mr.S.Ghosh, Advocate Mr.A.Chowdhury, Advocate Mr.U.Bagree, Advocte for the petitioner Mr.L.K.Chatterjee, Advocate Ms.Aparna Banerjee, Advocate for respondent Nos.1 & 2 The Court: This is an interim application in aid of a suit. The case of the plaintiff is like this. The Railways, on 25th May, 2012, awarded them a contract to supply a certain quantity of Grooved Rubber Sole Plates to be used beneath the railway tracks. These items were duly supplied by the plaintiff to the railways on 16th September, 2012. Thereafter, they received payment for this supply. These iteMs.before supply were tested by the RDSO, a wing of the railways. Then all of a sudden on 4th October, 2012,...


Dec 06 2012

The Cossipore Commercial Society and ors. Vs. the Board of Trustees fo ...

Court: Kolkata

Decided on: Dec-06-2012

ORDER SHEET WP No.771 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE COSSIPORE COMMERCIAL SOCIETY & ORS.Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :6. h December, 2012. The Court : Having heard Mr.Dutta, learned Advocate for the petitioner and Mr.Jena, learned Advocate for the Port Trust, I direct in modification of the order dated 11th October, 2012 that the petitioner shall pay occupation charge at the rate of Rs.66,047/- every month with effect from December, 2012 onwards till disposal of the writ petition by the seventh day of each succeeding month. The arrears for the months of August to November, 2012 shall be paid within a month from date. Needless to observe, payment to be effected in terms of this order would be without prejudice to the rights and contentions of both the parties in this petition. In the event of default in payment of occupation charge for any one month in ...


Dec 04 2012

Vs. Official Liquidator Being Liquidator of M/S. Anantapur Texti

Court: Kolkata

Decided on: Dec-04-2012

Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Ms.Justice Shukla Kabir (Sinha) A.P.O.No.366 of 2012 And A.P.O.No.391 of 2012 BIFR No.259 of 1992 Siddheswari Cotton Mills PVT.LTD.versus Official Liquidator being Liquidator of M/S.Anantapur Textile LTD.(in liquidation) - AND Kamal Dolui & ORS.versus Official Liquidator being Liquidator of M/S.Anantapur Textile LTD.(in liquidation) For the Appellant in APO No.366 of 2012 : Mr.Ratnanko Banerjee, Advocate Mr.Aniruddha Mitra, Advocate Mr.Imran Tarafdar, Advocate For the Appellants in APO No.391 of 2012 : Mr.Subhankar Nag, Advocate Mr.Satadip Bhattacharya, Advocate For the Respondent no.2-25 in APO No.366 of 2012 & APO No.391 of 2012 : Mr.Dhruba Ghosh, Advocate Ms.Ahana Sikdar, Advocate Mr.Asit Kumar Hazra, Advocate M.K.Mukherjee, Advocate For Official Liquidator : Mr.Debangshu Basak, Advocate Mr.K.N.Mukherjee, Advocate For ARCIL : Mr....


Dec 04 2012

Smt. Nirupama Saha and ors. Vs. Smt. Prativa Rani Saha and ors.

Court: Kolkata

Decided on: Dec-04-2012

ORDER SHEET GA No.3033 of 2012 Partition & Administration Suit No.252 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. NIRUPAMA SAHA & ORS.Versus SMT. PRATIVA RANI SAHA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h December, 2012. Appearance: Mr.Amitava Das, Advocate Ms.Ranjana Guha, Advocate The Court: This is an application filed by the second plaintiff. The fiRs.case is that the fiRs.defendant has died. Her heirs are already on record. Therefore, the death of the defendant be only recorded. This application is moved upon notice to all the parties as submitted. There is no opposition to this prayer. Order in terms of prayer (a) of the Notice of Motion. The second case is that the tenth to seventeenth defendants have sold their undivided share in the property to one Dev Kumar Daga of 1/3 Ananda Neogy Lane, Kolkata, and that he should be added as a party. Similarly, there is no opposition to this prayer. Order in terms of prayer (b...


Dec 04 2012

Appellant Vs. Respondent

Court: Kolkata

Decided on: Dec-04-2012

ORDER SHEET W.P.No.664 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MAZHAR ALI Petitioner Versus THE STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :4. h December, 2012. For Petitioner : Mr.Saptangshu Basu, Sr.Advocate Ms.Nibedita Pal, Mr.Ramesh Dhara, Advocates For Respondent Nos.1-4 : Mr.Amitesh Banerjee, Ms.Rima Das, Advocates For Respondent No.5 : Mr.S.K.Debnath, Advocate The Court : The petitioner in this WP under Art.226 of the Constitution of India dated August 10, 2012 is questioning a direction dated July 26, 2012 (WP page59) given by the Joint Director of Rationing, Kolkata North. The direction was given in connection with the petitioners request for renewal of his FPS license. The relevant part of the direction is quoted below :With reference to the subject captioned above, you are once again requested to get your Trade Licence renewed as early as possible so that your FPS licence can be re...


Dec 04 2012

Mukundary Amritlal Sayani and ors. Vs. Jayantilal Kalidas Sayani and a ...

Court: Kolkata

Decided on: Dec-04-2012

GA No.3133 of 2012 PLA No.136 of 2007 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE In the matter of: Amritlal Kalidas Sayani And In the matter of: Mukundary Amritlal Sayani & ORS.Versus Jayantilal Kalidas Sayani & Anr. Before: The Honble Justice I.P.MUKERJ.Date:4. h December 2012 Appearance: Mr.Jishnu Choudhury, Advocate Mr.Dipak De, Advocate Ms.Noelle Banerjee, Advocate for the petitioners Mr.S.R. Islam, Advocate for the executor This is an application by three legates of the Will of Amritlal Kalidas Sayani. Their complaint is against the fiRs.respondent being the executor to the Will who is a close relative of all the petitioneRs.Probate of the Will was granted in common form, by this Court on 18th May 2010. On 18th January 2012 an order was passed by this Court, on an application made before it, complaining of inaction on the part of the executor, directing him to file the inventory in this Court by 6th February 2012 and to complete administratio...


Dec 04 2012

Corporation Ltd. Vs. the Official Liquidator, High Court, Calcutta

Court: Kolkata

Decided on: Dec-04-2012

Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Honble Justice Ashim Kumar Banerjee And The Honble Justice Shukla Kabir (Sinha) A.P.O.No.385 of 2001 C.P.No.533 of 1997 THE WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA For the Appellant : Mr.Hirak Mitra, Senior Advocate Mr.Subhasis Sarkar, Advocate For the Respondents : None Heard on : November 20, 2012 Judgment on : December 4, 2012. ASHIM KUMAR BANERJEE.J.M/S.Quality Pharmaceuticals PVT.LTD.was carrying on business at the Kasba Industrial Estate belonging to West Bengal Small Industries Development Corporation (WBSIDC).They were occupying a plot of land measuring about 8 cottahs, 2 chittacks and 14 sq.ft being plot Nos.52 and 53 through a Deed of Lease executed on July 24, 1991 for a period of 75 years commencing from July 24, 1991. The company defaulted in making payment of lease rent to the extent of Rs.1,73,972.08 ap...


Dec 04 2012

The Kolkata Municipal Corporation and Another Vs. Nurul Huda Layek and ...

Court: Kolkata

Decided on: Dec-04-2012

ORDER SHEET GA No.2031 OF 201.WITH APOT NO.121 OF 201.WP NO.208 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE KOLKATA MUNICIPAL CORPORATION & ANOTHER Versus NURUL HUDA LAYEK & OTHERS BEFORE: The Hon'ble ACTING CHIEF JUSTICE PRATAP KUMAR RAY AND The Hon'ble JUSTICE SUBAL BAIDYA Date :4. h December, 2012. For KMC : Mr.Ashok Banerjee, senior advocate. For Respondent : Mr.Haradhan Banerjee. For Addition of party : Mr.Arunava Ghosh, senior advocate, With Mr.J.Chowdhury. For the State : Mr.R.Agarwal, Mr.S.Mukherjee. The Court : Heard learned advocates appearing for the parties. This is an application for addition of party filed by the plaintiff of Title Suit NO.287 of 2007. This appeal has been preferred by the Kolkata Municipal Corporation assailing the order dated 4.1.2012 in GA No.2794 of 2011 filed in connection with WP No.208 of 2011 seeking modification and/or variation of the order dated 10.5.2011, which not stands rejected. The writ petition was...


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