Kolkata Court August 2012 Judgments
Harsh Vardhan Lodha and ors. Vs. Devendra Kumar Mantri and anr.
Court: Kolkata
Decided on: Aug-23-2012
In the High Court at Calcutta Civil Appellate Jurisdiction Original Side Present : The Honble Justice J.N. Patel, Chief Justice And The Honble Justice Soumitra Pal G.A. No.3356 of 2011 A.P.O.T. No.551 of 2010 PLA No.242 of 2004 Harsh Vardhan Lodha & ors. Vs. Devendra Kumar Mantri & anr. G.A. No.2847 of 2010 A.P.O.T. No.508 of 2010 T.S. No.6 of 2004 In the goods of : Priyamvada Devi Birla, Decd. And Harsh Vardhan Lodha & ors. Vs. Ajay Kumar Newar & ors. G.A. No.3114 of 2010 A.P.O.T. No.550 of 2010 PLA No.242 of 2004 In the goods of : Priyamvada Devi Birla, Decd. And Harsh Vardhan Lodha & ors. Vs. Pradip Kumar Khaitan G.A. No.3116 of 2010 A.P.O.T. No.551 of 2010 PLA No.242 of 2004 In the goods of : Priyamvada Devi Birla, Decd. And In the matter of : Harsh Vardhan Lodha & ors. Vs. Devendra Kumar Mantri & anr. For the Appellants : Mr. Pratap Chatterjee, Senior Advocate Mr. S. Roychowdhury, Advocate Mr. D. Mondal, Advocate Mr. S.K. Trivedi, Advocate For the Respondents : Mr. Samaraditya Pal...
Tag this Judgment!Vs. State of West Bengal and ors.Respo
Court: Kolkata
Decided on: Aug-23-2012
ORDER SHEET W.P.No.694 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.A.R.STANCHEM PVT LTD.Versus STATE OF WEST BENGAL & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :23. d August, 2012. For Petitioner : Mr.Shibdas Banerjee, Sr.Adv.with Mr.Faisal Farook & Mr.Dwarkanath Chattopadhyay, Adversus For Union of India : Mr.Rajiv Lal, Adv.The petitioner claims to be a hundred per cent Export Oriented Unit. The petitioner has duly obtained necessary letter of permission from the Development Commissioner, Falta Special Economic Zone to function as a hundred per cent Export Oriented Unit [EOU].The petitioner is engaged in the export of Linear Alkyl Benzene Sulphonic Acid, which is commercially known as Acid Slurry, a major raw material for all laundry detergents. The petitioner is in enjoyment of several incentives and/or exemptions as stated in paragraph 3 of the writ petition. It appears that the petitioner is also exempte...
Tag this Judgment!Margaret Madeira and ors. Vs. Leila Passan and ors.
Court: Kolkata
Decided on: Aug-23-2012
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 23.08.2012 APOT 37 of 2012 GA 213.of 2012 CS 13.of 2012 Margaret Madeira & ORS.versus Leila Passan & ORS.The Court :- There will be an order in terms of prayer(a).We expedite the hearing of the appeal. The Advocate on record of Mr.Chatterjee, who was representing the respondents/plaintiffs, waives service of notice of appeal. Let informal paper books be prepared and filed within three weeks from date enclosing all the papers used before the learned Trial Judge. Settlement of index is dispensed with. However, an index shall be prepared and be included in the paper books to be filed. The matter will come up for hearing under the heading Appeal from Order. four weeks hence. In default of filing paper books the appeal will stand dismissed. After hearing the learned counsel for the parties and while considering the grant of interim relief we...
Tag this Judgment!M/S. Deecon India Pvt. Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-23-2012
AP No.63 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.DEECo.INDIA PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :23. d August, 2012. Mr.Prasanta Banerjee, Adv.appears The Court : The respondent is not represented despite service. No affidavit has been filed on behalf of the respondent despite directions having been obtained for such purpose. The petitioner was awarded a contract by the Central Public Works Department. The agreement was terminated on August 9, 2012 whereupon the petitioner claims to have made a written demand to the Superintending Engineer by a letter dated August 24, 2010. No copy of such letter has, however, been disclosed in the petition. Clause 25 of the general conditions governing CPWD contracts requires a claim to be made with the Superintending Engineer and, if the Superintending Engineer does not deal with the same within thirty days from receipt thereof, or if the contractor is dissatisfi...
Tag this Judgment!Bkc Enterprises Pvt. Ltd. and ors. Vs. United Spirits Ltd.
Court: Kolkata
Decided on: Aug-23-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.2219 of 2012 APOT No.396 of 2012 CS No.373 of 1992 BKC ENTERPRISES PVT.LTD.& ORS.Versus UNITED SPIRITS LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :23. d August, 2012. Appearance : Mr.S.Sarkar, Sr.Advocate with Ms.M.Bhattacharya, Advocate Mr.Soumak Mitra, Advocate The Court : There will be an order in terms of prayer (a).As far as interim relief is concerned, we are of the view that on 7th August, 2012 a Division Bench presided over by the Honble Chief Justice and Honble Justice Soumen Sen, while dealing with an appeal against the self-same judgment and order, has granted interim relief. While maintaining courtesy and comity of the Court, we adopt the same order in this appeal also and the same interim order will also be operative. Learned Advocate, appearing for the respondent no.1, waives service of notice of this appeal. So far as the ...
Tag this Judgment!Authority (See Nagendra Nath Bora Vs. Commissioner of Hills Division a ...
Court: Kolkata
Decided on: Aug-23-2012
ORDER SHEET WP No.90 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KESORAM INDUSTRIES LTD.& ORS.Petitioners STATE OF WEST BENGAL & ANR. Respondents BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date :23. d August, 2012. Appearance : Mr.A.Mitra, Advocate.for the petitioner Mr.Rajen Dutta (in person) The Court : This writ application is directed against the dated October 26, 2010 passed by the learned Judge, 8th award Industrial Tribunal, West Bengal in the matter of M/s Kesoram Industries LTD.versus Sr.Rajen Dutta ( In Re : Case not VIII36/04).By virtue of the impugned award, the learned Tribunal held that there was a doubt with regard to tendering of resignation by the respondent no.4 voluntarily. The learned Tribunal further held that since the respondent no.4 had attained the age of retirement, no relief for reinstatement in service could be awarded in his favour. Consequent thereupon, the learned Tribunal directed the petitioner-company to pay...
Tag this Judgment!M/S.Sarkar and Sarkar Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-23-2012
AP No.395 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.SARKAR & SARKAR -VersusSTATE OF WEST BENGAL Appearance: Ms.Kumkum Das, Adv...for the petitioner. Mr.Paritosh Sinha, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :August 23, 2012. The Court : The petition for setting aside the award is as adventurous as the wORS.kite-flying exercise undertaken in this Court. There is absolutely no merit to the claim, no basis to any of the grounds put down on paper and little substance in the two grounds urged at the hearing. The arbitrator found that the reference was made some 20 years after the cause of action accrued and rejected the claim on the ground that it was barred by the laws of limitation. The petitioner suggests that the arbitrator misconducted himself and the proceedings in failing to appreciate that several letters were written between 1975 and 1977 that would amount to invocation of the arbitration clause ...
Tag this Judgment!Sunrise Ore and Minerals Pvt. Ltd. Vs. M/S. Ore Cast (India)
Court: Kolkata
Decided on: Aug-23-2012
AP No.390 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUNRISE ORE & MINERALS PVT.LTD.Versus M/S.ORE CAST (INDIA) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :23. d August, 2012. Appearance: Mr.Ritzu Ghosal, Adv.Mr.R.Dutta, Adv.Mr.R.N.Majumdar, Adv.The Court : There is no dispute as to the existence of the arbitration agreement between the parties. The two-fold objection taken by the respondent is that the Chief Justice of this Court may not be the appropriate authority for a request for the constitution of an arbitral tribunal to be carried to; and, that the attempt at reconciling the disputes was not undertaken before invoking the arbitration agreement. According to the respondent, no part of the petitioners alleged cause of action relating to the agreement containing the arbitration clause could have arisen anywhere in the State of West Bengal. The respondent denies the assertion in the petition that the agreement was executed in Kolk...
Tag this Judgment!Laxmi Narayan Jalan and ors. Vs. Prabir Kumar Jalan
Court: Kolkata
Decided on: Aug-23-2012
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 23.08.2012 APOT 28 of 2012 GA 139.of 2012 CS 9.of 2011 Laxmi Narayan Jalan & ORS.versus Prabir Kumar Jalan The Court :- No order can be passed on this application as the Memorandum of Appeal has neither been filed with the certified copy of the impugned judgment and order under Chapter XXXI of the Original Side Rules of this Court not any application has been made properly to obtain leave of the Court to file the memorandum of appeal without the certified copy of the judgment and order upon usual undertakings as per practice and procedure of this Court. The relief s claimed in this application inter alia are as follows :(a) Delay, if any, be condoned in preferring this appeal and leave be granted to file the memorandum of appeal without the drawn-up certified copy of the decree. (b) Stay of the judgment and decree dated 6th February, 20...
Tag this Judgment!Nirmal Chandra Majumdar Vs. the Board of Trustees for the Port of
Court: Kolkata
Decided on: Aug-23-2012
ORDER SHEET W.P.NO.1051 OF 200.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NIRMAL CHANDRA MAJUMDAR Versus THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :23. d August, 2012. Appearance: Mr.Hiranmay Bhattacharyya, Mr.Tanmoy Mukherjee, Advocates for petitioner Mr.Kishore Dutta, Ms.Pooja Das Chowdhury, Advocates for respondents The Court : By this writ petition the petitioner seeks for treatment of his date of superannuation as 31st December 2000 as against 1st October, 1995. The case of the petitioner is that he was engaged as a Khalasi in October 1958. His date of birth being 2nd January 1942 he was to retire on 31st December, 2000. The respondent authorities have also accepted the said position and issued a notice of superannuation to the petitioner intimating thereby that he would retire on 31st December, 2000 and therefore, ought not to report for duty on 1st January, 2001. As the retiral benefits had no...
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