Kolkata Court May 2012 Judgments
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Sri Kali Charan Das and Another Vs. State of West Bengal and Another
Court: Kolkata
Decided on: May-11-2012
Prasenjit Mandal, J. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed by the accused persons for quashing the G.R. Case No.1729 of 2009 arising out of Siliguri Police Station Case No.560 of 2009 dated November 26, 2009 under Sections 419/420/468 of the Indian Penal Code. Once Smt. Anjana Pyne lodged a complaint with the learned Additional Chief Judicial Magistrate, Siliguri for sending the same to the concerned Police Station for investigation under Section 156(3) of the Code of Criminal Procedure (henceforth shall be called as ‘Cr.P.C.’) and on the basis of that complaint the said Police Station case no.560 of 2009 had been started. I am told that the said case is at the stage of investigation and charge-sheet has not yet been filed. The main dispute is whether the grandfather of the accused No.1, namely, Sri Kalicharan Das was known as Kanailal Das or not who acquired the land in case by virtue of a Deed of Lease dated...
Tapan Chakraborty Vs. Kamal Kumar Bhattacharya
Court: Kolkata
Decided on: May-11-2012
Subhro Kamal Mukherjee, J. Although the matter is appearing under the heading ‘application’, on the prayer of Mr. Mainak Bose, learned advocate appearing for the appellant, and Mr. Sabyasachi Bhattacharyya, learned advocate appearing for the respondent, the appeal itself is taken up for hearing upon dispensation of all formalities. This is an appeal against order dated March 6, 2012 passed by the learned Civil Judge (Senior Division), Fifth Court, Alipore, in Miscellaneous Case No. 16 of 2011. By the order impugned, the learned trial judge rejected an application filed by the defendant-appellant under Order IX, rule 13 read with Section 151 of the Code of Civil Procedure. Undisputedly, the parties entered into an agreement for sale on December 16, 2007. The defendant agreed to convey the property-in-suit in favour of the plaintiff for Rs. 12, 75,000/- (Rupees twelve lakh seventy five thousand) only. The defendant accepted Rs. 7, 00,000/- (Rupees seven lakh) only towards ear...
Asit Kumar Saha Vs. Arnab Roy
Court: Kolkata
Decided on: May-11-2012
ORDER SHEET CC NO.201 OF 201.WP NO.1761 OF 200.IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(contempt) ORIGINAL SIDE ASIT KUMAR SAHA Versus ARNAB ROY BEFORE: The Hon'ble JUSTICE TAPAN KUMAR DUTT Date :11. h May, 2012. Mr.R.Ghosh, Adv.AppeaRs.Mr.S.K.Dey, Adv.AppeaRs.The Court : This court, by an order dated 10.11.2008, had disposed of a writ petition by setting aside certain bills shown as Annexure P-17 series to the writ petition (WP no.1761 of 2005) and by directing the respondent municipal authorities to raise bills on account of rates and taxes in respect of the purchased property of the writ petitioner in the name of the said writ petitioner indicating the rates and taxes payable by the writ petitioner in respect of the said purchased property only for the period in question and the writ petitioner was directed to pay such bill in accordance with law. It further appears that in the said order dated 10.11.2008 it was recorded that the learned Advocate for the respondent municip...
Citicorp Finance (i) Ltd. Vs. Kulbir Singh and anr.
Court: Kolkata
Decided on: May-11-2012
ORDER SHEET SHEET NO.1 C.C.No.178 of 2011 A.P.No.311 of 2011 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE IN THE MATTER OF: CITICORP FINANCE (I) LTD.Versus KULBIR SINGH & ANR. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :11. h May, 2012. Appearance: Ms.Ipsita Banerjee, Advocate, Mr.Arif Ali, Advocate with Mr.Prabhat Srivastava, Advocate..for Petitioner. The Court :-In this matter the alleged contemnors are evading this Court. The subject vehicle has not been produced in spite of undertaking given on behalf of the alleged contemnot no.1 that the same shall be produced in Kolkata by 21st March, 2012. This undertaking was given on 29th February, 2012. On 28th March, 2012, learned Counsel appearing for the alleged contemnors had submitted that his client required some more time to produce the vehicle. Thereafter, on 11th February, 2012, learned Counsel appearing for the alleged contemnors had submitted that it was not possible for him to contact his clien...
Alstom Projects India Ltd. and anr. Vs. Union of India and Another
Court: Kolkata
Decided on: May-11-2012
WP No.889 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ALSTOM PROJECTS INDIA LTD.& ANR. Versus UNION OF INDIA & ANOTHER BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h May, 2012. Appearance: Mr.Debnath M.P., Adv.Mr.Avishek Anand, Adv.Mr.Arindam Chunder, Adv.Ms.Sampa Sarkar, Adv.The Court : This is a second round of skirmish in this Court from an application for dispensing with the statutory pre-deposit under Section 35-F of the Central Excise Act, 1944. The petitioners suggest that the tribunal failed to take into account the relevant considerations necessary to assess whether undue hardship. within the meaning of that expression in the provision would be caused to the assessee in the assessee depositing the reduced quantum of pre-deposit as required to be put in by the order impugned. The petitioners have referred to several judgments of this Court and other High Courts and of the Supreme Court in support of the proposition that the prim...
N.K. Louha Udyog Pvt.Ltd. Vs. General Manager ,eastern Railway and anr ...
Court: Kolkata
Decided on: May-11-2012
AP No.326 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE N.K.LOUHA UDYOG PVT.LTD.Versus GENERAL MANAGER ,EASTERN RAILWAY & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h May, 2012. Appearance: Mr.Subhasish Pachhel, Adv.Mr.L.K. Chatterjee, Sr.Adv.The Court : The petitioner complains of the respondent railway authorities not having afforded the petitioner the opportunity to lift the scrap that the petitioner bought at an auction within the time for which no ground rent was payable. The petitioner refers to the correspondence exchanged between the parties and the repeated reminders issued to the railway authorities which would show that the original date was missed because of the indisposition of a railway officer and despite the petitioners repeated notice, the railways showed little interest in fixing a schedule for the petitioner to obtain delivery of the goods. It appears almost plain that the railway officials concerned with the...
Appellant Vs. Respondent
Court: Kolkata
Decided on: May-11-2012
CA No.363 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : INDIA POWER CORPORATION LTD & DPSC LTD.Appearance: Mr.S.N.Mookherjee, Sr.Adv.Mr.D.Basak, Adv.Mr.A.Das, Adv.Mr.Utsav Mukherjee, Adv...for the applicants. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :May 11, 2012. THE COURT: Upon the application of the above named Applicant Company No.1 and Applicant Company No.2 by summons taken out on behalf of Applicant Company No.1 dated 11th day of May, 2012 and by summons taken out on behalf of Applicant Company No.2 dated the 11th day of May, 2012, and upon hearing Mr.S.N Mookherjee, Senior Advocate and Mr.Debangsu Basak, Advocate for the Applicant Companies and upon reading of the joint affidavit of Mr.Saikat Bardhan and Mr.Manish Goenka affirmed on 2nd day of May, 2012 and filed on 3rd day of May, 2012 and Annexure A. thereto being a copy of the proposed Scheme of Arrangement and Amalgamation as more particularly set out in the Scheme of A...
T.M.T. Engineering Industries Vs. Official Liquidator
Court: Kolkata
Decided on: May-11-2012
ORDER SHEET C.A.No.201 of 2006 C.P.No.148 of 2001 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction T.M.T.ENGINEERING INDUSTRIES Versus OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :11. h May, 2012. Mr.H.K.Mitra, Sr.Advocate, Mr.Utpal Bose, Sr.Advocate, Ms.Suchismita Chatterjee, Advocate and Mr.Malay Kumar Seal, Advocate appear and submit Mr.P.K.Das, Sr.Advocate appears and submits Mr.M.C.Ghosh, Advocate appears and submits The Court : I have heard TMTs application for quite sometime. Mr.Das has prayed for leave to file a supplementary affidavit producing more documents. He has said that the goods and machinery, possession whereof was taken by the Official Liquidator on 22nd February 2006, belong to TMT. Over the couRs.of hearing Mr.Das has said that the Official liquidator has not produced anything to show that ABC, the company in Liquidation, was the owner of the goods and machinery in question. He has said that Edcons did not permit TMT to enter the fi...
Prime Shipping Inc. Six Vs. All Persons and Entities Who Have Claim Ag ...
Court: Kolkata
Decided on: May-11-2012
1 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE Present : The Honble Justice Nadira Patherya G.A.No.219 of 2011 A.S.No.20 of 2000 PRIME SHIPPING INC. SIX VERSUS ALL PERSONS & ENTITIES WHO HAVE CLAIM AGAINST THE VESSEL M.V.PRIME VALUE & ORS.For the Plaintiff :Mr.Hirak Mitra, Sr.Adv., Mr.Dhruba Ghose, Adv., Mr.Swapan Kr. Das, Adv.For the Defendants :Mr.Tilak Bose, Sr.Adv., Mr.Satarup Banerjee, Adv., Mr.Alokananda Das, Adv.Heard on :28.01.11, 04.02.11, 25.02.11, 08.04.11, 29.04.11, 06.05.11, 02.06.11, 06.06.11, 20.06.11, 30.06.11, 04.07.11, 08.07.11, 26.07.11, 28.07.11, 01.08.11, 12.08.11, 18.08.11, 23.08.11. 26.08.11, 30.08.11, 16.09.11, 10.02.12 & 21.02.12. Judgment on :11th May, 2012. 07.03.11, 13.05.11, 27.06.11, 22.07.11, 05.08.11, 25.08.11, 17.01.12, Patherya J. : This is an application filed by the defendant No.7 for modifying the judgment dated 10th May, 2006. The case of the applicant is that by judgment dated 10th May, 2006 the counter-claim of the defendant...
Sri Partha Ghosh Vs. Coal India Limited (a Govt. of Undertaking) and o ...
Court: Kolkata
Decided on: May-11-2012
ORDER SHEET WP NO.1253 OF 200.GA NO.134 OF 201.WP NO.18463[W].OF 201.WP NO.19425[W].OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Sr.PARTHA GHOSH Versus COAL INDIA LIMITED (A GOVT. OF UNDERTAKING) & ORS.BEFORE: The Hon'ble THE CHIEF JUSTICE AND The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date :11. h May, 2012. For Petitioner : Mr.Partha Ghosh, advocate. For the State : Mr.T.K.Mukherjee, AGP-I, Mr.B.K.Mukherjee, GP, Mr.N.Chatterjee, advocates. For Respondent nos.3,4 & 5 : Mr.M.Basu, senior advocate, Mr.P.Basu, Mr.N.K.Roy, Mr.R.N.Bag, advocates For Koyala Mazdoor Congress & Anr. : Mr.I.Mitra. The Court : This is yet another application for addition of the applicants as respondents to the writ petition being WP No.1253 of 2009. By an application being GA No.3424 of 2011 some retired employees of the Eastern Coalfields LTD.wanted to be added as parties and by the order dated January 20, 2012 that application was dismissed by this Court. This time a regis...
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