Kolkata Court June 2012 Judgments
Sri SalauddIn Lodhi and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-26-2012
ORDER SHEET SHEET NO.1 W.P.No.398 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF: Sr.SALAUDDIN LODHI & ORS.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :26. h June, 2012. For Petitioner :MR.TAPAS KUMAR DEY, Advocate with MR.NIRUPAM SARKAR, Advocate. For Respondent Nos.2 to 6 :MR.ARINDAM MOITRA, Advocate. The Court :-In this writ petition, the petitioners challenge the legality of an order passed under Section 45A of the Employees State Insurance Act, 1948 demanding a sum of Rs.1,15,115/- from petitioners as overdue for the period between January and April, 2010 and May and September, 2010. The impugned order is assailed mainly on the ground of violation of principles of natural justice. It is submitted on behalf of the petitioners that the respondents have passed an order freezing bank account of the petitioneRs.after passing the order on computation opportunity of hearing. of dues ex parte,...
Tag this Judgment!Pralhad Ray Khaitan and anr. Vs. Mohan Lal Khaitan and ors.
Court: Kolkata
Decided on: Jun-26-2012
ORDER SHEET GA NO.1152 OF 201.WITH CS NO.139 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRALHAD RAY KHAITAN & ANR. Versus MOHAN LAL KHAITAN & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :26. h June, 2012. Mr.A.Mitra, Mr.N.Sengupta, Mr.C.Guptaappear for plaintiffs. Mr.R.Bachawat, Mr.S.S.Bose Mr.A.Sardar, Mr.A.Sarkarappearfor defendant no.1. Mr.S.Ghoseappears for defendant no.17. Mr.A.Abdullah, Mr.A.K. Mukherjeeappear for defendant no.15. The Court : This is an interim application in aid of a suit for partition. This is not an ordinary suit for partition. The plaintiffs want division of family companies. This kind of a partition can only be effected by working out a settlement between the parties where some of the companies are given to a party or a group of parties and the others are retained by the other party or parties. At this stage, there appears to be a lot of conflict between the parties. It appears from the submission of Mr.Bachaw...
Tag this Judgment!Rural Development Vs. Cesc Limited and anr.
Court: Kolkata
Decided on: Jun-26-2012
WP No.496 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NATIONAL BANK FOR AGRICULTUR AND RURAL DEVELOPMENT -VersusCESC LIMITED AND ANR. Appearance: Mr.Bikash Ranjan Bhattacharyya, Sr.Adv...for the petitioner. Mr.Jayak Gupta, Adv...for the CESC LTD.Mr.Subrata Mukhopadhyay, Adv...for the respondent No.2. BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date :26. h June, 2012. The petitioner electric Court for a : This direction connection to writ upon it at petition the CESC premises is LTD.filed for No.51/1, by the giving new Radha Nath Chowdhury Road, Kolkata015. It is submitted by Mr.Bikash Ranjan Bhattacharyya, learned senior Advocate appearing on behalf of the petitioner-bank that the above electric connection has not been given to it by taking shelter of an order dated April 23, 2012 passed in the matter of Sr.Satya Narayan Saraf versus The Calcutta Electric Supply Corporation Limited. (Misc. Appeal No.214 of 2010) by the learned District Judge...
Tag this Judgment!Singhvahini Trade Link Pvt. Ltd. and ors. Vs. Om Balaji Jewel Emporium ...
Court: Kolkata
Decided on: Jun-26-2012
ORDER SHEET GA NO.1686 OF 201.WITH CS NO.216 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SINGHVAHINI TRADE LINK PVT.LTD.& ORS.Versus OM BALAJ.JEWEL EMPORIUM PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :26. h June, 2012. Mr.A.Mitra, Mr.S.Mookherjee, Mr.S.Ghosh, Mr.A.Sarkarappear. Mr.S.Dutta, Ms.Pooja Das Chowdhuryappear. The Court : I have examined the report of the Joint Special OfficeRs.They report that they made inventory of the stock room according to my order dated 20th June, 2012 but found it empty. Mr.Mitra extends his submission made on 20th June, 2012 by saying that the plaintiffs were entitled to 44394.536 gMs.of gold and 702.06 CT of diamond, by the settlement in question. By such removal the plaintiffs are seriously prejudiced. Mr.Dutta shows me the letter dated 26th April, 2012 written by the second and third plaintiffs to the landlord inter alia as follows : Removed all our goods, articles, belongings etc.from the s...
Tag this Judgment!Prem Narayan Garg Vs. Tata Steel Ltd.
Court: Kolkata
Decided on: Jun-26-2012
ORDER SHEET APO No.58 of 2008 with ACO No.15 of 2008 BIFR No.100 of 1991 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PREM NARAYAN GARG Versus TATA STEEL LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :26. h June, 2012. Mr.Jishnu Chowdhury, Mr.Chayan Gupta, Mr.Rajesh Upadhyay, Adversus for the appellant Mr.P.C.Sen, Sr.Adv.Mr.M.C.Ghosh, Adv.Mr.J.Gharai, Adv.Mr.D.K.Ghosh, Adv.Mr.D.N.Chattopadhyay, Adv.Mr.Suman Chatterjee, Adv.for the respondent Mr.Susanta Dutta, Adv.for official liquidator The Court : This appeal and the cross appeal would relate to an order for disclaimer in respect of a property which was sold in an auction in favour of the appellant by the Debts Recovery Tribunal. Subsequently it transpired that the land on which the structure was situate, belonged to the State of Jharkhand whereas the structure belonged to Tisco who was the lessee in respect of the land in question under the State of Jharkhand. The c...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-26-2012
1 ORDER SHEET APO No.61 of 2012 C.P.No.79 of 2011 WITH APO No.62 of 2012 C.P.No.79 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE QUALITY STEEL WIRE PRODUCTS PVT LTD .Appellant Versus ENGINEERING TRADE CENTRE (I) PVT LTD .Respondent BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :26. h June, 2012. Mr.Neloy Sengupta, Advocate for the Appellant Ms.Rakhi Shroff, Advocate for the Respondent The Court : The appellant filed a company petition before the learned Single Judge claiming an outstanding of a sum of Rs.1.45 lakhs from the respondent. The respondent avoided the claim on the ground that payment was subject to a No Due Certificate. being received from WBSEB, now, West Bengal State Electricity Distribution Co.LTD.The learned Judge also records that the petitioning creditor purposely withheld documents as claimed to be in their possession recording settlement of dues with the Electricity Company. The learned Judge dis...
Tag this Judgment!M/S. Organised Investments Ltd. Vs. Commissioner Income Tax, Kol. Iii
Court: Kolkata
Decided on: Jun-26-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.682 of 2004 M/S.ORGANISED INVESTMENTS LTD.Versus COMMISSIONER INCOME TAX, KOL. - III BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :26. h June, 2012. The Court : This appeal was admitted on 23rd December, 2004 on the following substantial questions of law 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 Section 72 of the Act ?. ii].Whether the loss arising from the business of dealing in shares no...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-25-2012
ORDER SHEET A.P.No.474 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus SANDEEP KUMAR & ANR. Petitioner Respondent BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :25. h June, 2012. Ms.Sutapa Sanyal, Adv.for the petitioner The petitioner financed purchase by the respondent no.1 of the asset specified in the application. An agreement in writing was executed, allegedly within the jurisdiction of this Court, in terms whereof the amount financed was to be paid in monthly instalments. The said agreement, inter alia, contains an arbitration clause and also a jurisdiction clause whereby the parties agreed that Courts in Kolkata alone would have jurisdiction for the purpose of the said agreement. The respondent no.1 defaulted in payment of instalments. Disputes have arisen in connection with the said agreement, which as observed, appears to have been executed within the jurisdiction of this Court. The claim of the petitioner is ...
Tag this Judgment!Hdfc Bank Ltd. Vs. Raj Garments and ors
Court: Kolkata
Decided on: Jun-25-2012
AP No.405 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction HDFC Bank LTD.Versus RAJ GARMENTS & ORS BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :25. h June, 2012. Ms.Ipsita Banerjee, Adv.for the petitioner The Court : The petitioner financed purchase by the respondent no.1 of the asset specified in the application. An agreement in writing was executed, allegedly within the jurisdiction of this Court, in terms whereof the amount financed was to be paid in monthly instalments. The said agreement, inter alia, contains an arbitration clause and also a jurisdiction clause whereby the parties agreed that all disputes arising in relation to the agreement would be subject to the jurisdiction of the competent Court of the city where the lending office of the bank was situate. In this case, the lending office is situate within the Original Side jurisdiction of this Court and the claim is in excess of Rs.10 lakhs. Courts in Kolkata alone would have jurisdiction for t...
Tag this Judgment!Vs. Murgan Aviation Services and anr.Responde
Court: Kolkata
Decided on: Jun-25-2012
ORDER SHEET A.P.No.453 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.(SEFPL).Petitioner Versus MURGAN AVIATION SERVICES & ANR. Respondent BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :25. h June, 2012. For Petitioner : Mr.Sataroop Banerjee, Adv.For Respondent no.2 : Mr.R.N.Majumdar, Adv.By an order dated 18th January, 2012 His Lordship The Honble Justice Sanjib Banerjee discharged the learned Receiver appointed in A.P.No.780 of 2011, as there was a discrepancy with regard to the identity of the vehicle, in that the sl. not of the chassis had wrongfully been mentioned, The interim order of injunction was confirmed. The learned Receiver was discharged. The application was, for all practical purposes, disposed of. However, through inadvertence it was not expressly recorded that the application had been disposed of. The aforesaid application shall be treated as disposed of. There has not been a change in the circ...
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