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Kolkata Court June 2012 Judgments

Jun 28 2012

Bhutoria Valve Udyog Ltd and ors. Vs. Bagranglal Mahabir Prasad and or ...

Court: Kolkata

Decided on: Jun-28-2012

ORDER SHEET CS No.611 of 1992 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: BHUTORIA VALVE UDYOG LTD & ORS.Versus BAGRANGLAL MAHABIR PRASAD & ORS.BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date :28. h June, 2012. Appearance: Mr.M.S.Jadav, Adv.Ms.Saswati Chaterjee, Adv..for the plaintiff. Mr.Bhoopesh Sharma, Adv..for the defendant no.14. The Court: Mr.Jadav along with Ms.Saswati Chatterjee learned Counsel appearing for the plaintiff submit that plaintiff took effective step for service of notice upon defendant nos.3, 4, 5, 6, 8, 9, 10, 11, 12 and 14. Defendant no.7 refused to accept the copy of the letter dated 3rd May, 2012. Defendant no.1 and 2 have changed their address and not traceable. He submits further that certificate issued by the office of Sheriff on 22.06.2012 may be perused regarding the service of summons upon defendant nos.1 and 2. Mr.Sharma is appearing for the defendant no.14. He submits that defendant no.14 has filed...

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Jun 28 2012

Akbari Begum and ors. Vs. Shahzadi Bibi

Court: Kolkata

Decided on: Jun-28-2012

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA 141.OF 201.CS 49.of 1980 AKBARI BEGUM & ORS.Versus SHAHZADI BIBI BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date :28. h June, 2012. Mr.Ajay Kr. Sanwarwala, Advocate ..for plaintiff 1 Mr.Ratanlal Shaw, Advocate ..for defendant 3A The Court :-Application being not GA 141.of 2012 is filed by defendant No.2A, Hayder Ali with a prayer that the petitioners undivided share in the properties duly mentioned in the schedule may be declared. Mr.Shaw, learned Counsel appearing for the petitioner submits in the tune of the averment set forth in the body of the petition. Mr.Sanwarwala, learned Counsel appearing for the plaintiff submits that this application cannot be entertained as the similar prayer was before this Court through an application being GA 62.of 2012 which was at the instance of this very petitioner. That application was disposed of/dismissed by an order passed by this Court on 27th April, ...

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Jun 26 2012

Sourav Ganguly Vs. Mahuaa Media Pvt. Ltd.

Court: Kolkata

Decided on: Jun-26-2012

AP No.480 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SOURAV GANGULY Versus MAHUAA MEDIA PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h June, 2012. Mr.Samrat Sen, Adv.appears The Court : The petitioner seeks an ex parte ad interim order on his apprehension that if prior notice is served, the meagre assets of the respondent may be alienated with a view to avoid payment to the petitioner. The agreement between the parties envisaged the petitioner anchoring a television programme on a channel operated by the respondent. The petitioner says that the petitioner was entitled to invite guests and awards were presented in couRs.of the programme. The petitioner complains that the costs incurred for the guests invited by the petitioner have not been reimbursed and the honorarium not paid. The petitioner says that the awardees have not received the prize money or the like. The petitioner claims to have attempted service on the Salt Lake office of th...

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Jun 26 2012

Vijay Kumar Swaika Vs. Suchita Swaika

Court: Kolkata

Decided on: Jun-26-2012

IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE GA No.1577 of 2012 CS No.204 of 2012 Vijay Kumar Swaika versus Suchita Swaika GA No.1578 of 2012 CS No.206 of 2012 Navneet Kumar Swaika versus Suchita Swaika GA No.1579 of 2012 CS No.205 of 2012 Manas Swaika versus Suchita Swaika Before: The Honble Justice I.P.MUKERJ.Date:26. h June 2012 Appearance: Mr.S.K. Kapur, Sr.Advocate Mr.Sanjay Ginodia, Advocate Mr.Ravi Kapur, Advocate Mr.Preetu Choudhury, Advocate for the plaintiff Mr.Ranjan Bachawat, Advocate Mr.Avinash Kankani, Advocate Mr.S.Jhunjhunwala, Advocate for the defendant Mr.Navneet Kumar Swaika was married to MRS.Suchita Swaika. They lived in Kolkata and had a daughter Ms.Vanshikha Swaika. Then they fell apart. Suchita not lives in Mumbai. Navneet, his father Mr.Vijay Kumar Swaika and Navneets brother Mr.Manas Swaika, living in Kolkata not claim substantial jewellery from Suchita. It is admitted that 10 items of jewellery from the list mentioned below...

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Jun 26 2012

Ansal Housing and Construction Ltd Vs. the O/L

Court: Kolkata

Decided on: Jun-26-2012

CA No.152 of 2012 CP No.12 of 1997 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CASION FIN.& INVESTMENT (INDIA) LTD.(IN LIQN.) -ANDANSAL HOUSING & CONSTRUCTION LTD -VSTHE O/L Appearance: Mr.Ratnanko Banerjee, Adv.Mr.Debnath Ghosh, Adv.Ms.Ruma Sikdar, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :June 26, 2012. The Court : Pursuant to a direction of the Court in relation to the company (in liquidation) an investigation has been commenced by the Serious Fraud Investigation Office as to the functioning of the company (in liquidation) prior to it being wound up. A preliminary report has recently been filed and certain dealings of the company (in liquidation) have been reported and are said to be of questionable nature. The present application pertains to flats apparently booked by the company (in liquidation) in Delhi. The applicant says that the applicant is entitled to forfeit the part payment that had been tendered by the company (in liquidation) in terms of...

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Jun 26 2012

Cha Bagan Mazdoor Union Vs. Official Liquidator

Court: Kolkata

Decided on: Jun-26-2012

CA No.422 of 2006 CP No.324 of 1991 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: M/S.TEA TRADING CORPORATION OF INDIA LTD.(IN LIQUIDATION) AND CHA BAGAN MAZDOOR UNION Versus OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h June, 2012. Appearance: Mr.Supratim Laha, Adv.Mr.Debajyoti Dutta, Adv.The Court : The three applications are by workers and other employees of the company in liquidation. CA No.422 of 2006 has been filed by the workers at the Looksun TE estate of the company in liquidation claiming their dues. It is submitted that though the purchaser at the court sale of such tea estate has taken over the liabilities of the workers upto the date of the company being wound up, the workers are entitled to a sum in excess of Rs.60 lakh on account of wages for the period that a Special Officer appointed by this Court ran the tea estate. The Official Liquidator has filed a report from which it is evident that the Special Officer ran the...

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Jun 26 2012

Vs. the State of West Bengal and ors.Re

Court: Kolkata

Decided on: Jun-26-2012

ORDER SHEET WP No.1115 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SURENDRA BHANDARI Versus THE STATE OF WEST BENGAL & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :26. h June, 2012. For Petitioner : Mr.Subir Sanyal, Advocate Mr.Sakti Pada Jana, Advocate : Mr.Sadananda Ganguly, Advocate For Respondents The Court : The petitioner was appointed in the post of Laboratory Assistant in Gyan Bharati Balika Vidyalaya (H.S.) on 4th July, 1980. Since then he has been working in the said school which is a D.A.getting school. At the time of his appointment there was no approved vacancy in the post of Laboratory Assistant in the said school. The vacancy was created in a sanctioned post of Group D. on the retirement of an approved Group D. staff namely, R.P.Pande on 20th August, 1996. After creation dated 26.2.1997 of such submitted vacancy, a the proposal School to the Authority concerned by its District letter Inspecto...

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Jun 26 2012

M/S. Consolidated Industrial Fund Pvt. Ltd. Vs. Commissioner of Income ...

Court: Kolkata

Decided on: Jun-26-2012

IN THE HIGH COURT AT CALCUTTA Special Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 26.06.2012 ITA 53.of 2004 with ITA 68.of 2004 M/S.Consolidated Industrial Fund PVT.LTD.versus Commissioner of Income-tax, WB-II, Kolkata The Court :- This appeal is taken up for hearing. It was admitted by order dated 7th February, 2005 on the following substantial questions of law as formulated by the Court :I. Whether the Explanation to Section 73 which creates a legal fiction by which the purchase and sale of shares specified in the said Explanation which is specifically used for the purpose of section 73 as deemed speculation business can be applied to sections 70, 71 and 72 and in determining the gross total income the said Explanation to Section 73 can at all be applied while considering the set off of loss under Sections 70 and 71 and carry forward of such loss under Sections72 of the Act ?. II. Whether the loss arising from the business...

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Jun 26 2012

Smt. Prem Kumari Tewari Vs. Atanu Mondal and Another

Court: Kolkata

Decided on: Jun-26-2012

ORDER SHEET CC No.39 of 2012 -withWP No.904 of 2011 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction ( Contempt ) ORIGINAL SIDE SMT. PREM KUMARI TEWARI Versus ATANU MONDAL & ANOTHER BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :26. h June, 2012. Appearance : Mr.S.P. Jana, Advocate. Mr.Kamalesh Bhattacharya, Advocate. Mr.Sandananda Ganguly, Advocate. The Court : By an order dated 9th December, 2011, this Court directed the State-Respondents to complete the entire process regarding settlement of retiral dues of the petitioners husband and his other admissible pensionary benefits including family pension of the petitioner, as early as possible so that the entire dues on account of the petitioners husband service including family pension of the petitioner and arrears thereof are paid to the petitioner within eight weeks from the date of communication of this order. payment is It was further directed that in the event no such made within the time fixed above, the concerne...

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Jun 26 2012

Madrasah Shiksha Kendra Vs. the State of West Bengal and Othersrespond

Court: Kolkata

Decided on: Jun-26-2012

ORDER SHEET WP No.487 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANAGING COMMITTEE OF HARIBHANGA DOULATPUR MADRASAH SHIKSHA KENDRA Petitioner Versus THE STATE OF WEST BENGAL AND OTHERS Respondents BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :26. h June, 2012. Appearance : Mr.S.Jahan, Advocate. for the petitioner Mr.Sadananda Ganguly, Advocate. Ms.Reshmi Ghosh, Advocate. for the State-Respondents. The Court : The petitioners Madrasah, namely, Haribhanga Doulatpur Junior High Madrasah, was approved as a Madrasah Shiksha Kendra under an order passed by the Director of Madrasah Education, West Bengal, on 15th September, 2009 provisionally for a period of two years with effect from 1st May, 2009. The period of provisional approval expired on 30th April, 2011. An inspection has already been made by the concerned DLIT team on 12th July, 2011 and a report on the said inspection has also been submitted to the Director of Madrasah Education...

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