Kolkata Court December 2013 Judgments
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Sisir Banerjee Vs. Shrimati Sujata Sengupta
Court: Kolkata
Decided on: Dec-12-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Debasish Kar Gupta And The Honble Justice Ishan Chandra Das December 12, 2013 APD155of 2011 TS3of 2006 Sisir Banerjee versus Shrimati Sujata Sengupta Mr.S.N. Sanyal, Advocate with Ms.Lovely Ghosh, Advocate Mr.S.Sen, Advocate for the appellant Mr.Surajit Nath Mitra, Sr.Advocate with Mr.Supratik Basu, Advocate Ms.Rituparna Chatterjee, Advocate Ms.G.Saha, Advocate for the respondent The Court :- When this appeal is taken up for hearing our attention is drawn for the fiRs.time towards the two orders dated March 15, 2011 and April 6, 2011. It is submitted by Mr.Surajit Nath Mitra that at the time of admission of this appeal on March 15, 2011 direction was given to prepare informal paper books , with a default clause of dismissal of this appeal in case of failure to file the same within four weeks from the above date. According to Mr.Mitra the above time was extended on April 6, 2011 for a f...
Paresh Nath Pal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-12-2013
ORDER SHEET WP No.1132 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PARESH NATH PAL Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 12th December, 2013. Appearance: Mr.S.S.Arefin, Adv.The Court : Heard Mr.Arefin for the petitioner. As on the previous occasion so also today none appears to represent the University of Burdwan, although the affidavit of service shows that the notice of this petition was served upon the University as early as in the 3rd week of November, 2013. The grievance of the petitioner is that his son was not considered for admission to the M.Sc. couRs.even after 3rd counseling as his marks fell short of the last admitted student. The petitioner says that he filed an application for re- examination of the answer script but the results remained unchanged but after he obtained the copy of the answer script under the Right to Information Act, he discovered that his marks had in fact...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-12-2013
ORDER SHEET W.P.No.1195 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE In the matter of : Medicare Services (India) PVT.LTD.& Anr. And The CustoMs.Excise and Service Tax Appellate Tribunal, EZB & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 12th December, 2013. Appearance : Mr.J.P. Khaitan, Sr.Mr.Agnibesh Sengupta, Mr.Ravi K. Kapoor, Mr.Subhrendu Halder, Adv.Adv.Adv.Adv.The Court : Despite service, there is no appearance on behalf of the respondents. The affidavit-of-service filed today be kept on record. The petitioner says that the show-cause notice issued by the department under Section 73 of the Finance Act, 1994 is bad illegal and having barred by limitation. It is further submitted that the plea of limitation was taken before the Commissioner which he did not consider at the time of disposal of an application for stay and or waiver of the pre-condition deposit. From the averments in the writ petition, it appears that the petitioner No...
Jubilee Shipping and Logistics Ltd. Vs. B. Ghose and Co. Pvt. Ltd and ...
Court: Kolkata
Decided on: Dec-11-2013
ORDER CS No.218 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction JUBILEE SHIPPING & LOGISTICS LTD.Versus B. GHOSE & Co.PVT.LTD & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 11th December 2013. Appearance: Mr.Aniruddha Mitra, Advocate ...for the plaintiff. Mr.Sarathi Dasgupta, Advocate ...for defendant No.1. Court: The claim of the petitioning creditor, who is the plaintiff in the instant proceeding, was relegated to the suit on condition that the defendant company would deposit a sum of Rs.40 lakh with the advocate representing the company which sum thereafter shall be invested by way of a fixed deposit with any nationalized bank having its branch within the vicinity of this Court free from any lien and encumbrance. deposited Branch. the said sum with United Bank The defendant No.1 of India, High Court The plaintiff thereafter has instituted this proceeding. During the pendency of the suit, the parties have agreed to settle their disputes. The terms sugg...
Osram India Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1180OF2013OSRAM INDIA PVT.LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of inter...
Subrata Basu Vs. the State of West Bengal and Others.
Court: Kolkata
Decided on: Dec-11-2013
APO No.178 of 2013 WP No.1219 of 2003 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side SUBRATA BASU VERSUS THE STATE OF WEST BENGAL & OTHERs.BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE AND The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : December 11, 2013. Mr.Mainak Bose, Ms.Abha Alley..for the appellant. Mr.Sadananda Ganguly..for the State. The Court :-This is an appeal against judgement and order dated January 10, 2013 passed by the Hon ble single Judge in W.P.No.1219 of 2003. The Hon ble single Judge, by the judgement and order impugned in this appeal, rejected the writ petition. Initially, the Title Suit No.31 of 1998 was instituted in the Court of the learned Munsif, second Court at Basirhat, District-24 Parganas (North) for declaration and for permanent injunction, inter alia, in relation to 5.73 acres of land as described in the schedule to such plaint. In the said suit, State of West Bengal and the Executive Engineer, Basirhat, Irrigation Division wer...
Bhutoria Value Udyog Limited and anr. Vs. the State of West Bengal and ...
Court: Kolkata
Decided on: Dec-11-2013
WP No.803 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BHUTORIA VALUE UDYOG LIMITED & ANR. -VersusTHE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 11th December, 2013. Appearance: Md.Salauddin Molla, Adv.Mr.Subhrajit Chakraborty, Adv..for the petitioner Mr.Kishore Dutta, Adv.Md.T.M. Siddiqui, Adv..for the State. The Court : The short ground on which the petitioner challenges the order passed by the Land Acquisition Collector is that the assessment does not indicate any reasons. The relevant clause in the agreement with the State permits the renewal of the lease for a period of five years subject to the rent for such extended period being charged as prevailing in that locality at that time and as may be fixed by the Land Acquisition Collector ... Nothing in the order dated July 13, 2013 passed by the Land Acquisition Collector indicates the rate of rent prevailing in the locality at the relevant point of time. Ther...
Mescab India Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1178OF2013MESCAB INDIA PVT.LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of int...
Kartick Chandra Saha Vs. the Board of Trustees for the Port of Kolkata
Court: Kolkata
Decided on: Dec-11-2013
ORDER CS No.408 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction KARTICK CHANDRA SAHA Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 11th December 2013. Appearance: Mr.Moloy Ghosh, Advocate ...for the plaintiff. Mr.Dhruba Ghosh, Advocate ...for the defendant. Court: A very fair stand has been taken by Mr.Dhruba Ghosh on behalf of the defendant in the suit. The defendant has also acted fairly in agreeing to pay the balance amount of the final bill as well as the refund of security deposit. stand on behalf of the defendant is appreciated. This fair However, it appears that the sum of Rs.2,86,715.92 was due and payable to the plaintiff on September 1, 2000. The defendant contended that since no no-claim certificate was submitted by the plaintiff to the defendant, the said amount was not disbursed. It is not necessary to go into that aspect at this stage at all since the parties have agreed to resolve the dispute....
Mobel India Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1192OF2013MOBEL INDIA PVT.LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of interi...
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