Kolkata Court January 2013 Judgments
Usha Agarwalla and ors. Vs. Hooghly Ink Company (Bombay) Ltd.
Court: Kolkata
Decided on: Jan-29-2013
GA No.3014 of 2012 GA No.244 of 2013 SS No.2 of 1989 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE USHA AGARWALLA & ORS.-VersusHOOGHLY INK COMPANY (BOMBAY) LTD.Appearance: Mr.S.P.Sarkar, Adv.Mr.Samit Talukdar, Sr.Adv.Ms.Debjani Ghosh, Adv...for Hooghly Ink Co.Mr.Jayanta Kumar Mitra, Sr.Mr.Utpal Bose, Mr.Moloy Ghosh, Ms.Sanjukta Mukheree, ...for Usha Agarwalla & Adv.Adv.Adv.Adv.ORS.Mr.Pratap Chatterjee, Sr.Adv.Mr.Tilok Bose, Sr.Adv.Mr.Jishnu Chowdhury, Adv...for the applicant in GA No.244 of 2013 BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : January 29, 2013. The Court : G.A.No.3014 of 2012 is a petition under Section 41 of the Arbitration Act, 1940 pertaining to an arbitration agreement contained in a matrix contract of January 2, 1984. Special Suit No.2 of 1989 is the petition under Section 20 of the 1940 Act in respect of the same agreement. The parties to G.A.No.3014 of 2012 and SS No.2 of 1989 say that the original agreement is unavailable. A...
Tag this Judgment!Krishna Chandra Ghosh Vs. Krishna Sakh Ghosh and ors.
Court: Kolkata
Decided on: Jan-29-2013
ORDER SHEET TA No.15 of 2013 WITH T NO.30 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KRISHNA CHANDRA GHOSH Versus KRISHNA SAKH GHOSH & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :29. h January, 2013. Mr.R.N.DuttaappeaRs.The Court : Affidavit of service is on record. None comes to oppose this application. Considering the personal difficulty expressed by Mr.Gour Roy Chowdhury, Barrister-at-Law and Receiver, he is discharged with effect from 1st December, 2012. Mr.Alok Krishna Deb, one of the shebaits is appointed as Receiver in place and stead of Mr.Roy Chowdhury. It is submitted by Mr.Roy Chowdhury that a sum over Rs.2 lacs held by him is lying in a savings bank account with State Bank of India, Sobha Bazar Branch. Furthermore, a sum of Rs.8 lacs is kept in term deposit with the said bank. It was also submitted on behalf of the Receiver that he has not been paid any remuneration since 1972. In that view of the matter and considering the...
Tag this Judgment!Sakila Majhian Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jan-29-2013
ORDER SHEET WP NO.41 OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAKILA MAJHIAN Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :29. h January, 2013. Mr.Partha Ghosh, Adv., for the petitioner. Mr.Vijay Kumar, Adv., for the respondents. The Court : The husband of the petitioner was an employee of the respondent no.2 who died in harness on April 29, 2012. The petitioner made an application to the respondent no.5 for appointment on compassionate ground after the death of her husband. The petitioner submits that her case was referred to the Area Screening Committee and she also appeared before the said Committee but since then she has not heard anything. By the present writ petition the petitioner has, inter alia, prayed for a writ in the nature of mandamus commanding the respondents to provide the petitioner with an employment. Mr.Kumar, leaned Advocate for the respondents, have taken a strong objection on the ...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-29-2013
CP No.447 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: SURSADHNA COMMERCIAL PVT.LTD.AND THE REGISTRAR OF COMPANIES BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :29. h January, 2013. Appearance: Mr.Prakash Ch. Pandey, Adv.Ms.Chandrani Mukherjee, Adv.The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein a total amount of Rs.33,000/- on account of filing fees, additional filing fees and penalty would be due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.50,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name ...
Tag this Judgment!Suresh Tulshan and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-29-2013
ORDER SHEET WP No.373 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SURESH TULSHAN & ORS.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:29. h January, 2013 Mr.Jayanta Kumar Mitra, Sr.Adv.with Ms.Sananda Ganguly, Adv.Ms.Sreetama Manna, Adv..for the petitioners Mr.Debangshu Basak, Adv.with Mr.Sabyasachi Roy Chowdhury, Adv..for the State An order dated 21st September, 2012 passed by the Collector of Stamp Revenue, Kolkata is under challenge. By the order impugned, the Collector construed a purported lease of deed as a conveyance and proceeded to hold that it is chargeable under Article 23 of the Indian Stamp Act, 1899. The order impugned is appealable in terms of Section 47B of the West Bengal amendment to the Indian Stamp Act, 1899. Mr.Jayanta Kumar Mitra, learned senior advocate for the petitioner expresses apprehension that the appeal may not be held to be maintainable since the deed of lease, which was executed ...
Tag this Judgment!Mrs. Dipa Das Gupta Vs. Five Point Nursing Home and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2013
Sri Kalidas Mukherjee, President This is a complaint filed by the complainant alleging medical negligence. The case of the complainant, in short, is that she had a lump in the right side of her neck for a long time. Accordingly, the complainant and her husband visited SSKM Hospital on 05/05/08 at the OPD wherein she was checked up by Dr. R. Pal of ENT, OPD and was advised USG of the lump on the neck and FNAC. The complainant, accordingly, had her USG of neck and the test report dated 27/05/08 suggested Palpable swelling on right side of neck appears to be a solid looking SOL measuring 2.8 x 2.0 cm in size Lymph node mass. The complainant also had the FNAC done and the report suggested that there was no malignancy in lump which had developed in the right side of neck. The excision biopsy was also suggested. The report further suggested the possibility of peripheral nerve sheath tumour. Subsequently, the slides examined by Eko X ray and Imaging Institute was sent to SRL Ranbaxy for furth...
Tag this Judgment!Royal Sundaram Alliance Insurnace Co. Ltd Vs. Emami Frank Ross Ltd
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2013
Sri Debasis Bhattacharya, Member Being aggrieved and dissatisfied with the judgment and order dated 16.05.2012 in C.C. No. 90/11 by the Ld. District Forum, 24-Parganas(North), the OP thereof has preferred this appeal. The case of the Respondent/Complainant in its petition of complaint is that on 18.04.2010, the complainant took out an Insurance Policy being No. 770000 2055000101 from the OP in respect of the complainants retail outlet shop situate at 225, Rajdanga, Nabapally, Kolkata 700078 against Fire, Burglary, Money in Transit and Money in Safe, and Fidelity Guarantee which was signed by one Mahua Chatterjee, an authorized representative of the OP at their city office at Sector V, Salt Lake, Kolkata, valid from 00.00 hrs of 09.04.2010 till the midnight of 08.04.2011 and the sum insured for Fire was Rs.40,36,000=00,for Burglary, Rs.39,86,000=00, for Money in Transit Rs.54,75,000=00, for Money in Safe, Rs2,00,000=00, for Fidelity Guarantee, Rs.2,00,000=00. The gross premium was Rs.5,...
Tag this Judgment!Guru Ispat Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-28-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumen Sen 28.01.2013 WP 50.of 2010 Guru Ispat LTD.& Anr. versus State of West Bengal & ORS.Mr.S.Banerjee, Advocate for the petitioners Mr.Amitesh Banerjee, Advocate for the State The Court :- Devastating fire engulfed and damaged premises no.18A, Park Street, Kolkata known as Stephen Court.The petitioner claims that the petitioner is carrying on business from the said premises. It is submitted that they used to keep their belongings and articles in the said office which is situated at 4th floor of the said building. The learned Advocate for the petitioners complaints that in spite of request being made to the Officer-in-Charge of the concerned Police Station the petitioners were not permitted to visit the said office for the purpose of rescuing the valuables, belongings and undamaged articles. Mr.Banerjee appearing for the respondent authorities on instructions submits that as and...
Tag this Judgment!Shree Krishna Timbes Pvt.Ltd. and Co. and anr. Vs. Union of India and ...
Court: Kolkata
Decided on: Jan-28-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumen Sen 28.01.2013 WP 47.of 2010 With WP 119.of 2009 Shree Krishna Timbes Pvt.LTD.& Co.& Anr. versus Union of India & ORS.Mr.Pradip Kumar Tarafdar, Advocate with Mr.Joydeep Sen, Advocate for the petitioners Mr.N.C.Roy Chowdhury, Sr.Advocate with Ms.Sampa Sarkar, Advocate for the respondents The Court :- The subject matter of challenge in this writ petition is an order passed by the Assistant Commissioner of Customs by which the said Authority had confirmed the demand of Rs.31 lakhs and odd and allowed refund of the balance amount of Rs.7,09,081/-.The petitioner has since received the said sum of Rs.7,09,081/- on the basis of order passed by this Court while admitting the writ petition on 6th May, 2010. The said confirmed demand is the subject matter of challenge before the CustoMs.Excise and Service Tax Appellate Tribunal being Appeal No.312 of 2009. The said appeal was admitted...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-28-2013
1 28.01.2013 A.P.O 10.of 2010 With G.A. 1167 of 2010 With WP 76.of 2009 Mr. S.K.Kapoor, Sr. Adv. Mr. Hirak Mitra, Sr. Adv. Mr. A.K.Jana,Adv. for the Kolkata Port Trust of India/Appellant. Mr. Mr. Mr. Mr. Partha Sengupta, Adv. Aniruddha Roy,Adv. Ratnesh Rai,Adv. Nirmalya DasguptaAdv. For the Universal Autocrafts Pvt. Ltd. & Anr. Mrs. Kanta Roy, Adv. for the Union of India. The subject matter of challenge in the writ petition is a Notice dated 30th January, 2009 by which lease for a period of 30 years was terminated. The contention of the writ petitioner before the learned Trial Court was that the Notice purporting to have been issued by the Land Manager of the Kolkata Port Trust was without authority. The learned Trial Court has set aside the Notice with liberty, to the Chairman, to himself issue the same. The reasons assigned by the learned Trial Court are as follows: It is thereafter that Land Manager issued the impugned Order on 30.1.2009 but he nowhere referred to the Order of th...
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