Kolkata Court August 2012 Judgments
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Shri Ronak Ali Vs. the Lieutenant Governor and Others
Court: Kolkata
Decided on: Aug-07-2012
Dr. Sambuddha Chakrabarti, J. The case of the petitioner is that in the year 1983 he was granted a licence by the respondent no.2 in respect of a certain land at Prothrapur village along with 923 other persons. At the time of making an inquiry regarding handing over of possession it was detected that the alleged land fell within the boundary of the Central Agricultural Research Institution. The same was the fate of 186 persons out of 923 allottees. Subsequently, the High Court on a writ petition filed by another allottee inter alia directed the respondents to frame a scheme for giving an alternative site to the petitioner of that writ petition in lieu of the land allotted to him. The petitioner submits that he is entitled to land in terms of the said scheme; but no such land was actually allotted to him. He, therefore, had filed a writ petition in the year 2010 before this Court and the said writ petition was disposed of by giving direction upon the respondent no.2 to allot land in acc...
Dr. S. Srinivas Vs. the Regional Centre, Ignou, and Others
Court: Kolkata
Decided on: Aug-07-2012
Dr. Sambuddha Chakrabarti, J. The subject matter of challenge in this writ petition is the order of transfer dated June 22, 2012 passed by the Vice Chancellor of Indira Gandhi National Open University (for short IGNOU) transferring the petitioner from the post of Regional Director, IGNOU, Regional Centre, Port Blair, to the same post at Raghunathgunj. The petitioner’s case is that in March 1998 he was appointed as Assistant Regional Director in IGNOU and while working at Jabalpur, Madhya Pradesh, he was selected for the post of Regional Director and in February, 2011, he was transferred to Regional Centre at Port Blair of the said university. The petitioner has alleged that he has been transferred in violation of the transfer guidelines which has been annexed to the writ petition at Annexure P-5. The relevant portion of the said guidelines on which the petitioner has placed reliance stipulates that ordinarily a Regional Director will not be transferred before completing 5 years o...
Kohinoor Paper and Newsprint (P) Ltd. Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Aug-07-2012
ORDER SHEET GA No.1384 of 2012 CS No.178 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KOHINOOR PAPER & NEWSPRINT (P) LTD.Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :7. h August, 2012. Appearance: Mr.Pratap Chatterjee, Sr.Advocate Ms.Manju Agarwal, Advocate Mr.B.Manut, Advocate for the petitioner Mr.Pradip Dutt, Sr.Advocate Mr.Sakya Sen, Advocate Mr.Amarnath Ghosh, Advocate Mr.Sudhakar Prasad, Advocate for the respondent Nos.1 & 2 Mr.J.N.Manna, Advocate for the Corporation Bank The Court: This is an interim application in aid of the above suit asking for an order of injunction restraining the second defendant from invoking a bank guarantee dated 26th June, 2008, furnished by Corporation Bank to them. The guaranteed amount was Rs.36,40,000/-. The second defendant executed a Letter of Assurance to the plaintiff. It was dated 19th September, 2008. This letter of assurance was valid for a period of two yeaRs.The pl...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-07-2012
G.A.2002 of 2012 APOT 35 of 2012 C.S.373 of 1992 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side ALLIED BLENDERS & DISTILLERS PVT.LTD.Versus UNITED SPIRITS LTD.& ORS.Appellant Respondents BEFORE: The Hon'ble CHIEF JUSTICE JAINARAYAN PATEL The Hon'ble JUSTICE SOUMEN SEN Date :7. h August, 2012. For the Appellant : Mr.Sudipto Sarkar, Sr.Advocate with Ms.Moushumi Bhattacharya and Mr.Partha Basu, Advocates For Respondent No.1 : Mr.S.B.Mookherjee, Sr.Advocate with Mr.Ratnanko Banerji Mr.J.Munim and Mr.T.Aich, Advocates THE COURT : There shall be an order in terms of prayer (a) of the petition. We have heard the learned counsel for the parties on the stay application. There shall be of the order in so far as stay of operation Allied Blenders & Distillers Pvt.LTD.would be required to file Written Statement in the suit consequent upon the amendment of the Plaint till the disposal of the appeal or until further ordeRs.whichever is earlier. Let the hearing of the appeal ...
Vs. Chief Engineer Eastern Zone Pherespond
Court: Kolkata
Decided on: Aug-07-2012
ORDER SHEET WP No.1371 of 2000 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SWAPAN KUMAR SARKAR Petitioner Versus CHIEF ENGINEER EASTERN ZONE PHE Respondent BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :7. h August, 2012. For Petitioner : MRS.Ajeya Mitra, Advocate Mr.Subhobrata Mitra, Advocate Mr.Manimala Dey Basu, Advocate Ms.Susparna Biswas, Advocate Ms.Sudeepa Biswas, Advocate. None appeaRs.For Respondent : The Court : The matter was mentioned upon notice. Counsel for mentioned. Learned the To writ petitioner submits that it appeared as be Thereafter, date of hearing was fixed and the Advocate-on- record also submits that copies of the papers were given to Mr.Agarwal who is representing the State-respondents. Today at the time of hearing nobody for the State has appeared and no accommodation is sought for. relates to removal of petitioners name from the panel. a Class-I Contractor. come up before this The matter The petitioner is Since he...
Mechano Paper Machines Ltd Vs. Keshan Polymers Pvt Ltd
Court: Kolkata
Decided on: Aug-07-2012
1 ORDER SHEET ACO No.173 of 2012 APOT No.372 of 2012 CP No.91 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MECHANO PAPER MACHINES LTD Versus KESHAN POLYMERS PVT LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :7. h August, 2012. Appearance: Mr.Pramit Ray with Mr.S.Ghosh and Mr.A.Sinha, Advocates For the appellant. Mr.M.S. Tiwari, Advocate For the respondent. The Court :- This winding up petition was filed by two creditors having a claim of Rs.28 lacs approximately. At the pre-admission stage the learned Judge directed furnishing of security to the extent of Rs.15 lacs and in default advertisement in newspaper. The Company preferred an appeal. The Division Bench asked the Company to deposit Rs.10 lacs and disposed of the appeal. The Company did not do so. Advertisement was published. At this stage the Company again approached the Division Bench for clarification of the earlier order. The second application came u...
L and T Finance Ltd. Vs. Mr. Kunal Bhardwaj and anr.
Court: Kolkata
Decided on: Aug-07-2012
AP No.450 of 2012 AP No.451 of 2012 AP No.452 of 2012 In the High Court at Calcutta Ordinary Original Civil Jurisdiction Original Side L & T FINANCE LTD.VS Mr.KUNAL BHARDWAJ & ANR. Appearance Mr.Ratnanko Banerjee, Advocate Mr.M.A.Niyaji, Advocate Mr.Koushik Dey, Advocate Before : The Honble Justice Sanjib Banerjee Date :7. h August, 2012 The Court :- The respondents have carried a cheque for Rs.5 lakh in favour of the petitioner and a post-dated cheque for Rs.2 lakh. The cheques are handed over and it is submitted on behalf of the respondents that the cheques would be honoured upon presentation. The cheques have been issued by a person whom the respondents claim to be an authorised representative of the fiRs.respondent. The fiRs.respondent is in judicial custody and in proceedings relating to the five assets that form the subject-matter of the three agreements, the High Court at Jharkhand has released the assets, on conditional basis, to the authorised representative of the fiRs.respon...
Anil Hembram Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-06-2012
Murari Prasad Shrivastava, J. The present appeal is directed against the order of conviction and sentence dated 22.09.2008 passed by the learned Additional Sessions Judge, Fast Track-2nd Court, Malda, in Sessions Case No.68 of 2006 whereby the appellant was sentenced to suffer Rigorous Imprisonment for 7 (Seven) years with a fine of Rs. 2,000/- (Two thousand) in default to suffer Simple Imprisonment for 15 (Fifteen) days for the offence punishable under Section 363 of the Indian Penal Code. The prosecution case, in brief, is that on 08.05.2005 one Nirmal Besra found that his minor daughter Latika Besra aged below 16 years was missing from his house. On enquiry he came to learn that the present accused/appellant had kidnapped her with the intention of marrying her. A missing diary was lodged at the P.S. and a village “salish” was held in presence of the respected persons including guardian of the accused on 18.5.2005 and in spite of an assurance by the said guardian of the a...
Ajit Kumar Agarwal Vs. Nischintapur Tea Company Ltd. and Others
Court: Kolkata
Decided on: Aug-06-2012
Ashim Kumar Banerjee, J. Nischintapur Tea Company Limited was a closely held company having a tea estate in North Bengal. The shares were held by Sen family of North Calcutta. In a proceeding under Section 397 of the Companies Act 1956 (hereinafter referred to as the said Act of 1956) the learned Single Judge by an order dated June 21, 1985 appearing at page 19 of the compilation appointed Special Officer for inspection and inventory of the books of accounts. The learned Judge also passed an interim order of status quo as of that date with regard to the shareholding of the company to be maintained until further orders. The petition was kept pending. We do not find any active step being taken wither by the petitioner or by the respondents until 2006. In 2007 Sens made an application for withdrawal of the proceedings being C.P. No.252 of 1985. The application was numbered as C.A. 302 of 2007. The applications stood dismissed vide order dated April 12, 2007 as appearing from page 121 of t...
Ajit Kumar Agarwal. Vs. Nischintapur Tea Company Ltd. and ors.
Court: Kolkata
Decided on: Aug-06-2012
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee8 And The Honble Mr.Justice Shukla Kabir Sinha A.P.O.No.245 of 2011 A.P.O.No.246 of 2011 Arising out of C.A.No.686 2010 And C.A.No.721 of 2010 And C.A.No.541 of 2011 In connection with C.P.No.252 of 1985 Ajit Kumar Agarwal. versus Nischintapur Tea Company LTD.& ORS.For the Appellant : Mr.Pratap Chatterjee (Senior Advocate) Mr.Pramit Kumar Ray (Advocate) Mr.Aditya Kanodia (Advocate) Ms.Anshumala Bansal (Advocate) Ms.Nikita Jhunjhunwala (Advocate) For the Respondent No.1 : Mr.Mr.Mr.Mr.S.N.Mukherjee (Senior Advocate) Ratnanko Banerjee (Advocate) Jishnu Chowdhury (Advocate) Sandip Das Gupta (Advocate) For the Respondents : Mr.P.C.Sen Mr.Mr.Mr.Mr.(Senior Advocate) (for respondent no.2) S.B.Mookerjee (Senior Advocate) (for respondent no.4) Arunava Sarkar (Advocate) (for respondent no.2&4) Debangshu Basak (Advocate) (for respondent no.9) S. Trivedi (Advoc...
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