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Kolkata Court March 2012 Judgments

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Mar 13 2012

Rajesh Gupta Vs. Union of India and ors.

Court: Kolkata

Decided on: Mar-13-2012

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.116 of 2012 RAJESH GUPTA Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date:13. h March, 2012 Mr.Sakya Sen, Adv.with Mr.L.R. Mondal, Adv..for the petitioner Mr.Swapan Banerjee, Adv..for the respondents This writ application is directed against the notice inviting quotation dated 3rd February, 2012 for catering services in train nos.12331/32 and 12345/46. The allegation of the petitioner is that the above quotation has been circulated amongst a few existing caterers of Eastern Railway ignoring the guidelines as communicated by the Executive Director (Tourist & Catering).Railway Board under memo no.2009/TG-III/600/25/Pt.1 dated January 17/18, 2012. Pursuant to an order dated February 16, 2012 the clarification with regard to applicability of the above guidelines dated February, 27, 2012 of the Executive Director (Tourist & Catering).Railway Board is produced by Mr.S...


Mar 13 2012

M/S. Dunlop India Ltd. Vs. M/S. E.V. Mathai and Sons.

Court: Kolkata

Decided on: Mar-13-2012

IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CA No.191 of 2012 CP No.233 OF 200.M/S.DUNLOP INDIA LTD.-VersusM/S.E.V.MATHAI & SONS. CA No.198 of 2012 CP No.233 OF 200.M/S.E.V.MATHAI & SONS. -VersusM/S.KANTI COMMERCIAL PVT.LTD.CP No.295 OF 200.M/S.DUNLOP INDIA LTD.-AndAMIYA KUMAR KUNDU & Co.(A 552.& ANR. CP No.305 of 2008 M/S.DUNLOP INDIA LIMITED -ANDM/S.GREEN VALLEY SPECIFIED RUBBER (P) LTD.CP No.437 of 2008 CA No.410 of 2009 DUNLOP INDIA LTD.-ANDINDUSTRIAL (INDIA) ENTERPRISE CP No.13 of 2009 CA No.28 of 2011 CA No.34 of 2012 M/S.DUNLOP INDIA LIMITED -ANDM/S.MADURA COATS LIMITED CP No.278 of 2009 CA No.111 of 2011 M/S.DUNLOP INDIA LTD.-ANDKOTAYAM RUBBER COMPANY CP No.279 of 2009 CA No.114 of 2011 M/S.DUNLOP INDIA LTD.-ANDAND JACo.THOMAS & COMPANY CA No.110 of 2011 CP No.308 OF 200.M/S.DUNLOP NDIA LIMITED -ANDM/S.MATHAI SONS CP No.73 of 2010 M/S.DUNLOP INDIA LIMITED -ANDCENTURY TEXTILES AND INDUSTRIES LTD.CP No.159 of 2011 CA No.832 of 2011 CA No.852 of 2011 M/S.DUNL...


Mar 13 2012

Ramesh Chand Goel Vs. Union of India and ors.

Court: Kolkata

Decided on: Mar-13-2012

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.117 of 2012 RAMESH CHAND GOEL Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date:13. h March, 2012 Mr.Sakya Sen, Adv.with Mr.L.R. Mondal, Adv..for the petitioner Mr.Swapan Banerjee, Adv..for the respondents This writ application is directed against the notice inviting quotation dated 3rd February, 2012 for catering services in train nos.12331/32 and 12345/46. The allegation of the petitioner is that the above quotation has been circulated amongst a few existing caterers of Eastern Railway ignoring the guidelines as communicated by the Executive Director (Tourist & Catering).Railway Board under memo no.2009/TG-III/600/25/Pt.1 dated January 17/18, 2012. Pursuant to an order dated February 16, 2012 the clarification with regard to applicability of the above guidelines dated February, 27, 2012 of the Executive Director (Tourist & Catering).Railway Board is produced by...


Mar 13 2012

L and T Finance Limited Vs. Rajesh Mohapatra and anr.

Court: Kolkata

Decided on: Mar-13-2012

GA NO.531 OF 201.WITH APOT NO.92 of 2012 AP NO.833 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus RAJESH MOHAPATRA & ANR. BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :13. h March, 2012. The Court :- There will be an order in terms of prayer (a).Affidavit-of-service is kept on record. In spite of service no one appears on behalf of the respondents. Having gone through the report of the Receiver submitted earlier and taking note of the judgment and order we are prima facie of the view that learned Trial Judge has not visualised the real situation of the security. The due is around Rs.32 lac and odd. Under the circumstances following interim order is passed ;The Receiver is reinstated. We think having regard to the location where the securities are lying and keeping in view of the text of the report regarding sociological Receivers are required in this matter. condition we think t...


Mar 13 2012

Appellant Vs. Respondent

Court: Kolkata

Decided on: Mar-13-2012

ORDER SHEET APOT No.118 of 2012 G.A.No.673 of 2012 WP No.1509 of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE INSTITUTE FOR INDIAN LABOUR & ANR. Plaintiff/Petitioner/Applicant Versus KOLKATA MUNICIPAL CORPORATION & ORS.Defendant/Respondent BEFORE: The Hon'ble JUSTICE PINAKI CHANDRA GHOSE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :13. h March, 2012. Chatterjee, Advocate. For Plaintiff/Petitioner : Mr.Pratap Sr.Advocate with Mr.Anil Dhar, ld. Mr.Samit Talukdar Sr.Counsel, Mr.Saptangshu Basu, Sr.Advocate with Mr.R.Bhattacharjee, ADvocate For Defendant/Respondent Chakraborty, Mr.Barin Banerjee, Advocates. The Court :-There will be an :Mr.D.order in terms of prayer (a) of the petition. We have heard learned Counsel for the parties. Mr.Chatterjee, learned Senior Counsel appearing on behalf of the appellant drew our attention to the report of the Kolkata Municipal Corporation prepared by their Deputy Chief Engineer. We have perused ...


Mar 13 2012

indranil Modak Vs. Kotak Mahindra Private Ltd. and Others

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Mar-13-2012

S. Coari, Ld. Member The present Appeal has been directed against the judgment and order dt. 3.12.10 passed by the Paschim Medinipur District Consumer Disputes Redressal Forum in Complaint Case No. 134/10 wherein the Ld. District Forum refused to admit the petition of complaint being barred by limitation. The case of the Complainant/Appellant before the Ld. District Forum, in brief, was that the complainant purchased a dumper under hire purchase agreement with the OP No. 2, Tata Finance Ltd. According to the complainant, on 19.7.07 the OP No. 1, i.e. Koktak Mahindra Pvt. Ltd., forcibly took possession of the vehicle in question for non-payment of installments, which the complainant was to pay as per the hire purchase agreement entered into with the OP No. 2, without prior intimation to the complainant. According to the complainant, the complainant has already paid a substantial amount towards the value of the vehicle in question and the Ops having refused to accommodate the complainant...


Mar 12 2012

Rayeesh Ahmed and Another Vs. the Estate Officer and Another

Court: Kolkata

Decided on: Mar-12-2012

Dipankar Datta, J. 1. These two revisional applications under Article 227 of the Constitution of India have been heard together, since common questions of law and fact are involved. This common judgment shall govern both the revisional applications. 2. The two petitioners were proceeded against separately under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereafter the Act) for unauthorized occupation of public premises. The Estate Officer arrived at the conclusion that they were in unauthorized occupation of public premises and, accordingly, passed separate orders dated November 22, 2010 directing their eviction from the respective public premises which they were occupying. The orders of eviction were challenged by the petitioners by preferring separate appeals under Section 9 of the Act. The learned District and Sessions Judge, Andaman and Nicobar Islands, Port Blair (being the appellate authority) by separate but identical judgment and order dated October 31, ...


Mar 12 2012

Siddik Moral @ Sidik Moral and Another

Court: Kolkata

Decided on: Mar-12-2012

This application under Section 439 of the Cr. P. C. have been taken out by Siddik Moral @ Sidik Moral and Jahangir Alom @ Jahangir Alam, accused persons praying for bail in connection with Frezerganj Coastal Police Station Case No.8 of 2012 dated 30.1.2012 under Section 14 of the Foreigners Act, 1946 and under Section 12 of the Passport Act, 1967 and under Section 100 of the Customs Act, 1962 (G.R.141 of 2012). Heard the learned Counsel appearing for the petitioner who filed two voter identity cards in respect of the petitioners. Heard Mr. Panda, learned Counsel appearing on behalf of the State. Perused the C.D. There is strong prima facie case against the petitioners. The arrest of memo in respect of these accused clearly indicates that they are Bangladeshi national and entered Indian territory with articles made in foreign country and they were also having no passport. Bangladeshi currency was also found from their possession. Considering the nature of the case, I reject the prayer f...


Mar 07 2012

Smti. R. Geetha Raj Vs. Union of India and Others

Court: Kolkata

Decided on: Mar-07-2012

Dipankar Datta, J. 1. The appellant was engaged on July 10, 1990 as a counsellor, Voluntary Action Bureau (hereafter VAB) by the State Social Welfare Advisory Board, Andaman and Nicobar Islands (hereafter the State Board), respondent no.2. Such engagement was in respect of a project on contract and for a fixed duration. After expiry of the initial duration, the appellant was engaged on year to year basis. At the material time, her engagement was to continue till March 31, 2002. Prior to expiry of the duration of her engagement, her service was terminated. She had the occasion to approach the writ Court by filing W.P. No.091 of 2002. By an order dated February 4, 2003, the writ petition was disposed of by Hon’ble P.C. Ghose, J. with a direction upon the respondents “to take necessary steps in this matter to allow the petitioner to continue as she was in service on a contract basis with immediate effect”. It was further directed that the petitioner’s claim for reg...


Mar 07 2012

institute for Indian Labour and Another Vs. State of West Bengal and A ...

Court: Kolkata

Decided on: Mar-07-2012

Dr. Mrinal Kanti Chaudhuri, J. This Mandamus Appeal is directed against the judgement and order dated 23rd December, 2010 passed by Hon’ble Single Judge in W.P. No. 1619 of 2010. Hon’ble Single Judge disposed of the writ petition under Article 226 of the Constitution by directing the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal to decide which annual return for the year 2008-09 between the returns submitted by the petitioners and some other persons will be accepted according to the provisions of the Acts and the rules. In deciding the said matter reasonable opportunity of presenting the respective cases should be given to the parties who submitted the returns in question. A reasoned decision shall be given within three weeks of the date of communication of the order. Other questions in the writ petitions remained open. The appellant, Institute for Indian Labour, a Society registered under the West Bengal Societies Registration Act, 1961 under the...


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