Kolkata Court October 2013 Judgments
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Promises Instruments Pvt Ltd and anr Vs. Jt. Commissioner of Central E ...
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET G.A.No.2859 of 2013 APO.T.No.466 of 2013 W.P.No.1075 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PROMISES INSTRUMENTS PVT LTD & ANR Versus JT. COMMISSIONER OF CENTRAL EXCISE, KOLKATA-VI COMMISSIONERATE BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 8th October, 2013. Mr.J.P.Khaitan, Sr.Adv., Mr.S.Bhowmick, Adv.Mr.Siddhartha Das, Adv.for the Appellant Mr.R.Bhardwaj,Adv.Mr.K.K.Maity, Adv.for the Respondent The Court : The subject matter of challenge in this appeal is a judgment and order dated 15th May, 2013 passed by brother Tapen Sen, J., dismissing the writ petition. Aggrieved by the dismissal, the present appeal was preferred by the writ petitioner. The subject matter of challenge in the writ petition was an order dated 23rd September, 2009 passed by the Commissioner (Appeals).Central Excise, Kolkata-II, by which the Appellate Authority directed the appellant to make the pre-deposit of a s...
Sreeleathers Ltd. and anr. Vs. Rose Valley Patrika Ltd. and ors.
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET GA No.3087 of 2013 CS No.365 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREELEATHERS LTD.& ANR. Versus ROSE VALLEY PATRIKA LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th October, 2013. Mr.Anindya Mitra,Sr.Adv., Mr.Abhrajit Mitra, Mr.Jishnu Chowdhury, Mr.S.Biswas, Mr.Sarvopriya Mukherjee for the petitioneRs.Mr.Surajit Nath Mitra, Sr.Adv., Mr.D.Basak, Mr.Aiman Abdullah, Ms.S.Chatterjee, Mr.S.K. Singh for respondent nos.1 & 2. The Court : In a suit for defamation this application has been filed for interim reliefs. The case of petitioners is that three articles have been published in print media by the respondent no.1 in Khabar 365 Din which not only is defamatory to the petitioners but has also lowered the petitioners in the public eye. Therefore, an order of injunction be passed restraining the respondents from making further publication which in any way defames the petitioneRs.It has also been submitted that the allegation is based...
Maheshwary Ispat Ltd. and ors. Vs. Punjab National Bank and ors.
Court: Kolkata
Decided on: Oct-08-2013
WP No.1060 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MAHESHWARY ISPAT LTD.& ORS.Versus PUNJAB NATIONAL BANK & ORS.Appearance Mr.D.Basak, Adv.Mr.J.Chowdhury, Adv.Mr.Rupak Ghosh, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th October, 2013. The Court : Prima facie, the banks action appears to be arbitrary, completely mindless and in derogation of the Reserve Bank of India Master Circular governing wilful defaulteRs.It is submitted on behalf of the bank that Punjab National Bank has formulated its own guidelines on wilful defaulters and the manner in which action is to be taken. The bank says that due permission has been granted by the Reserve Bank of India for such purpose. The need for every bank to form its guidelines will, doubtless, be explained in the affidavit to be filed by the bank. Clause 5.1 under the heading of procedure for identification of wilful defaulters betrays the abject failure of the bank to appreciate the distin...
Rita Mukherjee and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-08-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Debasish Kar Gupta W.P. No.322 of 2013 Rita Mukherjee & Ors. Versus The State of West Bengal & Ors. For the petitioners For the State For the respondent Nos.5 to 9. : Mr. Pramit Kumar Ray Mr. Shaunak Ghosh, Mr. Rajib Mullick. : Mr. Sadananda Ganguli, Sr. Govt. Advocate. Ms. Tapati Samanta. : Mr. L.K. Gupta, Sr. Advocate. Mr. Jayanta Das Gupta, Mr. Balaram Patra. Judgment On :08. 10-2013. This writ application is filed by the petitioners praying for issuing a writ in the nature of mandamus commanding the respondent No.9 to implement the salary structure as prescribed in the Revision of pay and Allowance Rules, 2009 in respect of the petitioners in connection with their services as assistant teachers of Holy Child Institute Girls Higher Secondary School, District Kolkata , with effect from April 1, 2009. The facts of this case in a nutshell are as follows: The petitioners are approved...
Controller of Telecom Stores Bsnl Vs. Sri Chintaharan Halder and ors.
Court: Kolkata
Decided on: Oct-08-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.384 of 2012 Controller of TeleCo.Stores BSNL Versus Sr.Chintaharan Halder & ORS.For the petitioner : Mr.Bhaskar Sen, Sr.Advocate For the private respondents : Mr.A.K. Brahmachari, Advocate Heard on : 20.11.2012, 08.01.2013, 05.02.2013, 12.02.2013 and 18.09.2013 Judgement on : 08.10.2013 The Court : Aggrieved by an order dated February 27, 2012 passed by the authority under the Payment of Wages Act, Kolkata, the petitioners have filed the present writ petition inter alia praying for a writ in the nature of Mandamus commanding the respondents to rescind and cancel the said order and a writ in the nature of Prohibition restraining the respondents from giving any effect or further effect thereto. The brief facts necessary for appreciating the crux of the problem is that the respondents Nos.1 to 87 are the employees of the department of Post and Telegraphs, n...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET CP671OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction MAGIC VINIMAY PVT LTD And THE REGISTRAR OF COMPANIES, W.B.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th October, 2013. Appearance : Mr.P.P.Bishwal,Advocate Mrs.Sima Adhikari,Advocate 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 that a total amount of Rs.68,000/- on account of filing fees, additional filing fees and penalty would be the 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.68,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the compa...
Maheshwari Devi Vs. Aparna Singh and ors.
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET GA No.3115 of 2013 CS No.371 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAHESHWARI DEVI Versus APARNA SINGH & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th October, 2013. Appearance: Mr.Ranjan Bachawat, Adv.Mr.Amitesh Banerjee, Adv.Mr.Kaushik Mandal, Adv.Mr.A.Poddar, Adv.for the petitioner. The Court : In a suit for declaration that the conveyance dated 15th July, 2005 be cancelled, this application has been filed for interim relief. The case of the petitioner is that one Charubala Devi was the owner of premises no.2/1, Loudon Street, Kolkata-700016. She by a Deed of Gift gifted the said premises in favour of one Bhubneshwari Prasad Singh Deo in whose name the property was mutated. Electricity connections so also Corporation tax bills have been raised by the respondent no.4 in the name of Bhubneshwari Prasad Singh Deo. On the death of Bhubneshwari Prasad Singh Deo who died a bachelor the property devolved on his mother, Du...
Madanlal Agarwal and ors Vs. Puranmull Agarwal and ors.
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET GA No.3123 of 2013 CS No.154 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MADANLAL AGARWAL & ORS Versus PURANMULL AGARWAL & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th October, 2013. Mr.Pramit Roy, Adv.Mr.Avik Banerjee, Adv.Mr.Rajib Mullick, Adv..for the petitioners Mr.Utpal Bose, Adv.Mr.P.K.Bagaria, Adv..for respondent no.8 The Court: GA No.3123 of 2013 By this application the petitioner herein seeks declaration that the letter dated 4th June, 2012, memorandum of understanding also dated 4th June, 2012 and the document dated 10th September, 2012 be declared null and void and as an interim measure seeks interim reliefs. The said prayer cannot be granted on this application as the issues between the parties are pending before the conciliator appointed. Accordingly, the petitioner will be at liberty to raise all the issues raised in GA No.3123 of 2013 before the conciliator and the parties will be at liberty to deal with the...
The Shipping Corporation Cooperative Society Ltd. Vs. Bharati Das and ...
Court: Kolkata
Decided on: Oct-08-2013
1 ORDER SHEET GA No.3106 of 2013 APOT No.511 of 2013 PLA No.88 of 1976 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE SHIPPING CORPORATION CO-OPERATIVE SOCIETY LTD.Versus BHARATI DAS & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 8th October, 2013. Appearance: Mr.Sakya Sen and Ms.N.Adhya, ld. Advocates For the appellant. Mr.R.L. Mukherjee with Ms.P.Dhar, Ld. Advocate for respondent no.5. Mr.Rabi Prosad Mookherjee and Ms.Shreya Ghosh, Advocates Joint ReceiveRs.The Court :- The learned Judge increased the rent and the maintenance charges suo motu. The tenant has now come up in appeal contending, they were not party to the litigation. The leaned Judge exceeded his jurisdiction in increasing the rent. Mr.Sakya Sen, learned Counsel appearing in support of the appeal, would contend, under the agreement the renewal would be done by increase of rent to be mutually agreed between the parties. Suo motu increase by the learn...
Vijay Kumar Swaika Vs. Suchita Swaika
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE GA No.2923 of 2013 CC No.204 of 2012 VIJAY KUMAR SWAIKA Versus SUCHITA SWAIKA GA No.2924 of 2013 CC No.205 of 2012 MANAS SWAIKA Versus SUCHITA SWAIKA GA No.2925 of 2013 CC No.206 of 2012 NAVNEET KUMAR SWAIKA Versus SUCHITA SWAIKA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th October, 2013. Mr.Jishnu Shah, Adv.Mr.Sanjay Ginodia, Adv.Mr.Ravi Kapur, Adv.Mr.Manoj Tiwari, Adv.Ms.Pubali Sinha Chowdhury, Adv..for the petitioneRs.Mr.Ranjan Bachawat, Adv.Mr.Avinash Kalkani, Adv.Mr.S.Jhunjhunwala, Adv.The Court: Applications have been filed in CS No.204 of 2012, CS No.205 of 2012 and CS No.206 of 2012. At the hearing of the said applications a suggestion was made to the parties that an attempt be made to resolve all disputes in the above mentioned suits. The disputes pertain to the plaintiffs in the suits mentioned above and the estranged daughter-in-law Suchita and Vanshika, daughter of Navneet and Su...
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