Kolkata Court May 2012 Judgments
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R.Piyarelall Import and Export Ltd. Vs. National Agricultural Cooperat ...
Court: Kolkata
Decided on: May-04-2012
GA No.1046 of 2012 AP No.25 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE R.PIYARELALL IMPORT & EXPORT LTD.Versus NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FED. OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h May, 2012. Appearance: Mr.Ratnanko Banerji, Adv.Mr.Pramit Kr. Roy, Adv.The Court : Sufficient grounds have been made out as to why the applicant could not be represented on June 30, 2009 when AP No.25 of 2009 was dismissed for default. It appears that even after AP No.25 of 2009 was dismissed for default, the parties were not aware of it and orders were passed and at least one substantive order was passed on such petition for which the respondents applied for recalling. It was in couRs.of such recalling application that it was discovered that AP No.25 of 2009 had been dismissed on June 30, 2009. It appears that pursuant to a notice issued on behalf of the respondents on June 18, 2009, the matter was mentioned for extens...
M/S. Height Insurance Services Ltd. Vs. Dy.Commissioner of Income Tax ...
Court: Kolkata
Decided on: May-04-2012
WP No.346 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.HEIGHT INSURANCE SERVICES LTD.Versus DY.COMMISSIONER OF INCOME TAX & ORS.Appearance: Mr.Ananda Sen, Adv...for the petitioner. Ms.Smita Das De, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :May 4, 2012. The Court : The writ petitioner-assessee complains of a two-fold violation of the provisions of the Income Tax Act, 1961 in the assessing officer having adjusted the refund due to the assessee in respect relating to a officer of previous attaching two another assessment assessment bank year accounts of and the year in for the a claim assessing assessee without forwarding a copy of the relevant notice under Section 226(3) of the Act to the assessee. Following an assessment order made on October 31, 2011, the assessing officer found that the short-fall in income tax was to the extent of about Rs.20 crore. The assessee has preferred an appeal within the statutory...
Kush Chandra Barman Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-04-2012
1 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Jyotirmay Bhattacharya W.P.No.1369 of 2005 KUSH CHANDRA BARMAN Versus THE STATE OF WEST BENGAL & ORS.For the Petitioner : Mr.S.S. Arefin For the State : Mr.Subhabrata Datta S.P.Dala Pati Heard on:14. 01-2012. Judgment On: May 4, 2012. The petitioner is an Assistant Teacher of Boro Balaram Lal Behari Vidyamandir, Burdwan. He was appointed as an Assistant Teacher in Social Science Group on 23rd March, 1993 as a Pass Graduate with Geography. Subsequently, he passed M.A.examination in History through correspondence couRs.from the University of Burdwan in 1997. His prayer for higher scale of pay for his enhanced qualification was rejected by the District Inspector of Schools (S.E.).Burdwan, on 18th May, 2005. The said order of the District Inspector of Schools, which is appearing at page 35 of the writ petition, is under challenge in this application at the instance of the said Assista...
Sri Ratan Saha Vs. Indian Oil Corporation Ltd. and Others
Court: Kolkata
Decided on: May-03-2012
K. J. Sengupta, J. This application has been taken out after disposal of an appeal by an order dated 18th August, 2011. The applicant who was appellant has prayed for modification of the aforesaid order by way of granting extension of time for making comprehensive representation in terms of the aforesaid order. By order dated 18th August, 2011 this Court had given following directions:- “Therefore, we direct, on the suggestion of the learned counsel Mr. Yadav, appearing for the Indian Oil Corporation, Executive Director of Indian Oil Corporation, Calcutta, to give a hearing to Mr. Bandopadhyay’s client against the decision of cancellation of his client’s candidature. In this regard Mr. Bandopadhyay’s client would be entitled to make comprehensive representation to the Executive Director of Indian Oil Corporation, Calcutta, within a week from date irrespective of receipt of the copy of this order…………” “……̷...
In the Matter of : an Application for Bail Under Section 439 of the Co ...
Court: Kolkata
Decided on: May-03-2012
Today is fixed for order in respect of bail application under Section 439 of the Cr. P. C. taken out by Bhaskar Mukherjee, who has been arrested on 16.3.2012 in connection with Kalyani Police Station case No.35 of 2008 dated 19.2.2008 under Section 420 of the I.P.C.. Heard Mr. Mondal, learned Counsel appearing on behalf of the petitioner. Heard Mr. Panda, learned Counsel appearing on behalf of the State of West Bengal/opposite party who vehemently opposes the prayer for bail. Perused the order passed by this Court in C.R.R.1114 of 2011 dated 2.2.2012. Some unfortunate and unprecedented ways were adopted by the learned A.C.J.M., Kalyani in the matter of accepting show cause filed by the Officer-in-charge, Kalyani Police Station. This Court directed the Superintendent of Police, Nadia to get the investigation into the case done by competent Inspector of Police and conclude the investigation within a shortest possible of time. After receiving this direction, Abu Selim, Inspector of Police...
Excel Dealcomm Private Limited Vs. Asset Reconstruction Company (India ...
Court: Kolkata
Decided on: May-03-2012
I.P. MUKERJI, J. BASIC FACTS Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI Act) 2002 is a much dreaded Act. Under it the bank or a financial institution has enormous powers to sell the assets of a defaulting borrower and realise their debt without recourse to a court of law. Such a borrower happened to be Uniworth Apparel Limited, the third defendant. The bank or financial institution was I.C.I.C.I. Bank Ltd. Now, this Act empowers such a lender to transfer or assign their rights in, the property of the borrower, mortgaged or pledged with them or given to them otherwise as security for the loan, in favour of purchasers. I.C.I.C.I. Bank Ltd. had such a right over the properties mentioned in Schedule I to Annexure ‘A’ of the plaint, belonging to the third defendant.The properties included immovable properties at plot no. A/606, TTC Industrial Area, MIDC, New Mumbai, Maharashtra. It appears that this bank had the right to ...
Vinod Kapur Vs. Smt. Chabi Pyne and Others
Court: Kolkata
Decided on: May-03-2012
Tarun Kumar Gupta, J. One Sri V. K. Kapoor, claiming to be the sole proprietor of M/s. Queen Power Engineering Company has filed this appeal against the judgement of remand dated 31st August, 1996 and decree dated 7th September, 1996 passed by the learned Assistant District Judge, 2nd Court, Howrah, in Title Appeal No.81 of 1985 by reversing the judgment of dismissal of the suit on the ground of maintainability passed by the learned Munsif, 5th Court, Howrah, in Title Suit No.252 of 1990 vide Order 97 dated 24th February, 1995. The respondent,as plaintiff, filed a suit for eviction against M/s. Queen Power Engineering Works, a partnership firm, on the ground of expiry of lease dated 26th August, 1965 by efflux of time. Mr. V. K. Kapoor (since deceased) appeared claiming to be sole proprietor of M/s. Queen Power Engineering Works on the ground that said partnership firm dissolved on 31st March, 1988 and he continued to possess said property to run the business as its sole proprietor. Sa...
Smt. Dolly Basu and Others Vs. Sri Prabir Ghosh
Court: Kolkata
Decided on: May-03-2012
Tarun Kumar Gupta, J. This second appeal is directed against the judgment and decree dated 30th June, 2007 passed by the learned Additional District Judge, 3rd Court, Alipore in Title Appeal No.107 of 2006, affirming the judgment and decree of eviction dated 28th February, 2006, passed by the learned Civil Judge (Junior Division) 5th Court, Alipore in Title Suit No.85 of 2004. The respondent / plaintiff filed the said suit for ejectment, alleging that the defendant being a tenant under the plaintiff in respect of the ground floor suit flat with a garage and a mezzanine floor room as described in the schedule of the plaint was guilty of causing damages to the suit property. It is further case that the plaintiff being a chartered accountant has started a chartered accountant firm under the name and style of “Prabir Ghosh and Co., chartered accountants” with effect from 1994 after retiring from service. The plaintiff along with his family members has also a business under the ...
M/S. Ranbaxy Laboratories Limited Vs. the State of West Bengal and Oth ...
Court: Kolkata
Decided on: May-03-2012
Tapen Sen, J. 1. In this Writ Petition, the Petitioner (M/s. Ranbaxy Laboratories Limited) challenges the award dated 10.12.2009 as contained in Annexure-P/30 passed by the Industrial Tribunal (5th Court), West Bengal pertaining to Reference No. 222-I.R./IIL-190/04 dated 04/16.3.2005 whereby and whereunder it was held that the management was not justified in drawing an inference that the concerned workman (Respondent No. 3, Subrata Bagchi) had abandoned his job and therefore the management was also not justified in terminating his service which was also bad for non-compliance of Section 25(F) of the Industrial Disputes Act, 1947. Consequently, the Petitioner was directed to pay 50% of the backwages from the date of the absence of the concerned workman till the period of his reinstatement. The Petitioner Company was further directed to reinstate the concerned workman within a period of one month from the date of receipt of the award. 2. The private Respondent No. 3 (concerned workman, S...
Sudhir Kumar Karmakar Vs. Ratan Chandra Dutta
Court: Kolkata
Decided on: May-03-2012
Tarun Kumar Gupta, J. Defendant is the appellant in this case of judgment of reversal. The respondent / plaintiff filed said suit for ejectment with the following averments:- The defendant was the original owner of ‘Ka’ schedule property. Out of 11 decimals of said land he sold out .04 decimals of land to his brothers. The defendant sold out .03 and half decimals of land out of remaining .07 decimals of land to the plaintiff under registered kobala dated 1st March, 1969 which was fully described in schedule Ka-2 of the plaint. The plaintiff raised structure thereupon in 1975 and started to keep his agricultural implements, bamboo etc. The plaintiff also possessed remaining vacant portion by planting banana trees. Later on, the plaintiff permitted the defendant in October, 1983 to use said room for 2 years as his blacksmith shop as a licensee. In spite of revocation of said licence in October, 1985 the defendant did not vacate said Ka schedule land. Hence, was the suit for e...
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