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Kolkata Court June 2012 Judgments

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Jun 08 2012

Smt. Gita Das Vs. C.E.S.C. Ltd. and Others

Court: Kolkata

Decided on: Jun-08-2012

Joymalya Bagchi, J.: The writ petitioner has filed the instant petition being aggrieved by the failure and neglect on the part of the respondent no. 1 electric company to provide electric connection to her premises. The case of the petitioner is that the petitioner’s husband purchased the premises in question namely, 4B, Chunapukur Lane, Police Station Muchipara, Kolkata - 700 012 by a registered deed of conveyance on  20.05.2006 and the petitioner is occupying the said premises. The respondent no. 4 claims himself to be a tenant in the said premises under a different landlord. Due to the obstruction of respondent no. 4 the petitioner inspite of compliance of all necessary statutory formalities and payment of charges was not provided with new electric connection at the said premises. Mr. Ghosal appearing for the petitioner submitted that the petitioner has a right to get new electric connection in view of Section 43 of the Electricity Act, 2003 and submitted that respo...


Jun 08 2012

Sakti Ranjan Mukhopadhyay Vs. State of West Bengal and Others

Court: Kolkata

Decided on: Jun-08-2012

Joymalya Bagchi, J.: This writ petition has been filed by the petitioner, inter alia, praying that the complaints of petitioner be referred to Director, Central Bureau of Investigation, Eastern Region, Kolkata or any other agency like C.I.D. West Bengal, for investigation. The grievances of the petitioner are as follows : The petitioner married respondent no. 7 on 04.02.1987. The family of the respondent no. 7 alleged that the petitioner was impotent. The petitioner suspected respondent no. 7 of having an affair with his younger brother. A daughter was born to the couple on 08.03.1988. Over such matrimonial dispute the petitioner left his parental home at 2/198, Bijoygarh, Kolkata - 700 032. The petitioner claimed that he had built a house, named and styled, “Mayer Ashis” at Ichapur, North 24-Parganas but was unable to stay therein due to the ill-treatment meted out by respondent no. 7 herein. Unable to bear such torture at the hands of respondent no. 7, the petitione...


Jun 08 2012

Ramen Chandra Ghosh Vs. State of West Bengal and Others

Court: Kolkata

Decided on: Jun-08-2012

Joymalya Bagchi, J.: This writ petition has been filed, inter alia, challenging the award dated 14.12.1999 passed in case no. VIII-130 of 1998 by the learned First Industrial Tribunal, West Bengal. The case of the petitioner is that he was appointed as a workman in the respondent no. 2’s paper mill with effect from 2nd June, 1971 and his service was confirmed on and from 2nd June, 1972. Thereafter, the petitioner was appointed as Laboratory Assistant and worked in such capacity upto 1985. Subsequently, the company declared a lock out and the petitioner was rendered unemployed. When the company reopened under a new management and the petitioner continued as Laboratory Assistant with a new pay scale. Thereafter the designation of the petitioner was changed to Supervisor. It is the petitioner’s case that although the designation of his post was that of a Supervisor he had no disciplinary control over any workman and had no independent right or authority to take any binding dec...


Jun 08 2012

Sri Srivardhan Kejriwal Vs. Union of India and ors.

Court: Kolkata

Decided on: Jun-08-2012

ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WP No.459 of 2012 Sr.Srivardhan Kejriwal Versus Union of India & ORS.BEFORE : The Hon'ble JUSTICE DIPANKAR DATTA ___________________________________________________________ Date: June 8, 2012 ___________________________________________________________ Mr.Srivardhan Kejriwal, Appears in-person The writ petition is treated to be as on days list. Having regard to the urgency pleaded in the writ petition, requirement of Rule 26 of the Writ Rules in so far as service of copies of the writ petition on the respondents is dispensed with. The petitioner is the holder of a passport bearing no.G2511554. In such passport, his date of birth has been recorded as 12.09.1994.However, he was born on 12.06.1994.The petitioner applied for re-issuance of his passport together with a prayer for recording his correct date of birth. It is his grievance that the passport office has not disposed of his application and has ...


Jun 06 2012

Debasri Chakraborty (Banerjee) Vs. State of West Bengal and Others

Court: Kolkata

Decided on: Jun-06-2012

HARISH TANDON, J.: This contempt application is taken out on the alleged violation of order dated 1st February, 2011 passed in W.P. 26456 (w) of 2006 whereby and whereunder the Chairman, Howrah District Primary School Council was directed to consider the application filed by the petitioner seeking appointment on compassionate ground and to dispose of the same within three weeks from the date of the communication of this order. The District Primary School Council, Howrah received the said order on 07.03.2011. On 09.03.2011, the petitioner was communicated by the secretary to meet the Chairman of the said council along with the application and relevant documents. The documents were submitted as requisitioned in Memo dated 09.03.2011. By Memo dated 23.02.2011, the Chairman of the said council requested the petitioner to furnish the particulars mentioned therein which includes the signature of the ward and duly filled in prescribed proforma “A” countersigned by the Sub-inspecto...


Jun 05 2012

Appellant Vs. Respondent

Court: Kolkata

Decided on: Jun-05-2012

CP No.657 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of :KOHINOOR STEEL PVT.LTD.And NEOCARBONS PVT.LTD.Appearance Mr.A.Mitra, Advocate Ms.Manju Agarwal, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :5. h June, 2012. The Court : The claim is on account of price of goods sold and delivered. The petitioner issued a statutory notice on or about June 30, 2011 claiming a sum in excess of Rs.11 lakh on account of petroleum products that had been supplied pursuant to a purchase order issued by the company. The company replied to the statutory notice on July 18, 2011. Though there is no reference to the reply to the statutory notice in the petition, the petitioner not admits that such reply was, indeed, received by the petitioner. The submission made on behalf of the petitioner is, however, a climb-down from the stand taken in the affidavit-in-reply on behalf of the petitioner that the reply of July 18, 2011 was not received. The letter of July 18, 20...


Jun 05 2012

Surendra Nath Kapoor and ors. Vs. Fag Precision Bearings Ltd. and ors.

Court: Kolkata

Decided on: Jun-05-2012

ORDER SHEET CS No.540 of 1987 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: SURENDRA NATH KAPOOR & ORS.Versus FAG PRECISION BEARINGS LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date :5. h June, 2012. Appearance: Ms.Puja Das Chowdhury, Adv..for the plaintiff no.2. The Court: Learned Counsel appearing for the plaintiff Nos.1 and 2 submits that plaintiff served a lawyers letter upon the learned Advocate of defendant nos.1, 2, 4 and 5. Learned Counsel for the defendant no.4 and 5 appeared before this Court on the last occasion that is on 2nd May, 2012 and submitted that he was not representing those defendants. The defendant No.3 could not be served, as the learned Advocate of the defendant could not be traced out. Subsequently, a notice upon defendant no.3 was issued by Speed Post and the same has been returned with a note that the addressee left.She submits further that the plaintiff took step to serve defendant Nos.4 and 5 an...


Jun 05 2012

Shubham Electronics Vs. Axis Bank Ltd. and ors.

Court: Kolkata

Decided on: Jun-05-2012

ORDER SHEET GA No.733 of 2012 CS No.104 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHUBHAM ELECTRONICS Versus AXIS BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :5. h June, 2012. Appearance: Mr.Utpal Bose, Advocate Mr.Satarup Banerjee, Advocate for the petitioner Mr.Ajoy Chatterjee, Sr.Advocate Mr.S.Ghosh, Advocate Mr.A.K.De, Advocate for the respondent No.1 The Court: The plaintiff is a borrower of the fiRs.defendant bank. They are aggrieved by the letter of the bank dated 19th December, 2011, stating, inter alia, that if the plaintiffs outstanding with the bank was not brought down to Rs.610 lakhs, the bank would be forced to classify their account as a non-performing asset. Learned Counsel for the plaintiff submits that from time to time the bank had given assurance to them of their cooperation. Furthermore, substantial sums have been repaid after issuance of the said letter. However, I find that on 14th March, 2012, the ban...


Jun 05 2012

Sitaram Education Centre Pvt. Ltd. Vs. Kuldip Singh and ors.

Court: Kolkata

Decided on: Jun-05-2012

GA No.304 of 2012 GA No.305 of 2012 CS No.166 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SITARAM EDUCATION CENTRE PVT.LTD.Versus KULDIP SINGH & ORS.BEFORE: The Hon'ble JUSTICE MAHARAJ SINHA Date :5. h June, 2012. Appearance : Mr.S.Das , Adv., Mr.D.B.Das, Adv., for the defendant nos.4 & 6. The Court : None appears to contest this application. I am told by Mr.Das, learned Counsel appearing in support of this application made by the 4th and 6th defendants in the suit that the Advocate-on-Record of the plaintiff has duly been served and an affidavit of service has been filed. After considering the application or rather the merits thereof and the submission of Mr.Das that the 4th and 6th defendants should be allowed to enter appearance and file written statement for the purpose of contesting the suit, I am of the opinion that the 4th and 6th defendants should be given that opportunity. Mr.Das also says that the written statement is ready to be f...


Jun 05 2012

Lumino Industries Vs. Bhanwar Lal Baid and ors.

Court: Kolkata

Decided on: Jun-05-2012

ORDER SHEET GA No.1083 of 2012 CS No.140 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LUMINO INDUSTRIES Versus BHANWAR LAL BAID & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :5. h June, 2012. Mr.A.K.Mitra, Sr.Adv.Mr.Pratap Chaterjee, Sr.Adv.Mr.Abhrajit Mitra, Adv.Ms.Rajshree Kajaria, Adv.Mr.Sarvapriya Mukherjee, Adv.Mr.Soumabho Ghose, Adv.for the plaintiff Mr.Satadip Bhattacharya, Mr.Rajesh Upadhyay, Adversus for respondent No.9 Mr.Nirmalya M. Bhattcharya, Adv.for United Bank of India The Court : Mr.Saraf for Punjab National Bank, the sixth defendant submits that his client does not have any claim over the subject two flats. This position is not controverted by any party in Court. Let the sixth defendant be deleted from the cause title. There is some complication in this matter. The fourth defendant claims to be the purchaser of flat Nos.5A and 5B in premises No.12A, Camac Street, Kolkata. Such purchase was said to have been made on 2nd M...


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