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Kolkata Court February 2013 Judgments

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Feb 26 2013

M/S. Aditya Birla Nuvo Ltd and anr. Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Feb-26-2013

ORDER SHEET WP No.123 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ADITYA BIRLA NUVO LTD AND ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :26. h February, 2013. Appearance : Mr.J.P.Khaitan, Senior Advocate. Mr.A.Sengupta, Advocate. Mr.Sanjay Kumar Baid, Advocate. The Court : This Writ Petition will be heard. Admit. This matter is said to be similar to WP No.1031 of 2012 in which the following order was passed : IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumen Sen 19.12.2012 WP No.1031 of 2012 Mageba Bridge Products PVT.LTD.& Anr. -VsState of West Bengal & Anr. Mr.Agnibesh sengupta, Advocate for the petitioneRs.Mr.Soumitra Mukherjee, Advocate for the respondents. THE COURT : In this writ petition the petitioner has inter alia challenged the vires of West Bengal Tax on Entry of Goods into Local Areas Act, 2012. Affidavit of service filed in Cour...


Feb 26 2013

M/S Krishna Tissues Pvt. Ltd. Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Feb-26-2013

ORDER SHEET WP No.145 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S KRISHNA TISSUES PVT.LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :26. h February, 2013. Appearance : Mr.Kumarjit Das, Advocate. The Court : This Writ Petition will be heard. Admit. This matter is said to be similar to WP No.1031 of 2012 in which the following order was passed : IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumen Sen 19.12.2012 WP No.1031 of 2012 Mageba Bridge Products PVT.LTD.& Anr. -VsState of West Bengal & Anr. Mr.Agnibesh sengupta, Advocate for the petitioneRs.Mr.Soumitra Mukherjee, Advocate for the respondents. THE COURT : In this writ petition the petitioner has inter alia challenged the vires of West Bengal Tax on Entry of Goods into Local Areas Act, 2012. Affidavit of service filed in Court is kept on record. Mr.Agnibesh Sengupta, learned Counsel appearing f...


Feb 26 2013

Prateek Plastometals Pvt Ltd Vs. Satish Kumar Agarwal

Court: Kolkata

Decided on: Feb-26-2013

1 ORDER SHEET APOT No.86 of 2013 ACO No.18 of 2013 CP No.145 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PRATEEK PLASTOMETALS PVT LTD Versus SATISH KUMAR AGARWAL BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :26. h February, 2013. Appearance: Mr.Satadeep Banerjee with Mr.S.Ghosh, Ld. Advocates for the appellant. Mr.Ratnanko Banerjee with Mr.Kuldip Mallick Advocates for the respondent. The Court :- This appeal would arise out of an order of admission of the winding up petition. Mr.Bhattacharjee appearing for the appellant Company on instruction agrees to pay the principal sum of Rs.1,00,18,072/- together with interest thereon at the rate of 8% per annum on and from April 5, 2012 on the reducing balance. He, however, prays, the Company may be permitted to pay it off in 17 equal monthly instalments except the fiRs.one that would be for Rs.6,34,000/-. The appellant is also permitted to pay the interest component as...


Feb 26 2013

Original Side Vs. P Udyog Pvt. Ltd.

Court: Kolkata

Decided on: Feb-26-2013

ORDER SHEET WP No.134 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE versus UDYOG PVT.LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :26. h February, 2013. Appearance : Mr.Kumarjit Das, Advocate. The Court : This Writ Petition will be heard. Admit. This matter is said to be similar to WP No.1031 of 2012 in which the following order was passed : IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumen Sen 19.12.2012 WP No.1031 of 2012 Mageba Bridge Products PVT.LTD.& Anr. -VsState of West Bengal & Anr. Mr.Agnibesh sengupta, Advocate for the petitioneRs.Mr.Soumitra Mukherjee, Advocate for the respondents. THE COURT : In this writ petition the petitioner has inter alia challenged the vires of West Bengal Tax on Entry of Goods into Local Areas Act, 2012. Affidavit of service filed in Court is kept on record. Mr.Agnibesh Sengupta, learned Counsel appearing for the ...


Feb 26 2013

Monarch Gold Mining Company Ltd. Vs. Hindustan Copper Ltd.

Court: Kolkata

Decided on: Feb-26-2013

ORDER SHEET GA NO.269 OF 201.AP NO.568 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MONARCH GOLD MINING COMPANY LTD.Versus HINDUSTAN COPPER LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h February, 2013. Appearance: Mr.Raja Basu Chowdhury ,Advocate for the petitioner Mr.S.S.Bose, Mr.Sanjib Dawn, Advocates for the respondent The Court : G.A.No.269 of 2013 is a formal application for incorporating the change of name of the petitioner . The petitioner was formerly known as Monarch Gold Mining Company Limited and is not known as Swan Gold Mining Limited. G.A.No.269 of 2013 is disposed of by requiring the cause title of the petition to be amended to incorporate such change in name. No other formality need be complied with. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 was decided in substantial part by an order of June 9, 2011 but the respondent filed a petition for special leave to appeal to the Supreme C...


Feb 26 2013

Swapan Rajak Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Feb-26-2013

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.105 of 2013 SWAPAN RAJAK Versus STATE OF WEST BENGAL & ORS.WP No.106 of 2013 MANIK LAL JANA -VsSTATE OF WEST BENGAL AND OTHRS WP No.107 of 2013 AFTAB ALAM ANSARI -VsSTATE OF WEST BENGAL AND OTHERS WP. No.108 of 2013 LAKHSMAN DEY -vsSTATE OF WEST BENGAL AND OTHERS WP No.109 of 2013 SUPRATIM SUR -VsSTATE OF WEST BENGAL AND OTHERS BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :26. h February, 2013. Appearance : Mr.Arun Kanti Bera, Advocate. Miss Gitashree Mistry, Advocate. for the petitioners Mr.Pantu Deb Roy, Advocate. Mr.S.Ruj, Advocate. for the State (in WP 105/13, WP 106/13 and WP 109/13 Mr.Paritosh Sinha, AOR, with Mr.T.M.Siddiqui, for the State ( in WP 107/13 and WP 108/13 ) The Court : All these writ petitions are being taken up for hearing together as common legal questions are involved in these proceedings. The writ petitioners have applied for stage carriage permits in different routes before ...


Feb 26 2013

Air India Limited Vs. P and N Associates and ors.

Court: Kolkata

Decided on: Feb-26-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO NO.439 OF 201.WITH AP NO.259 OF 201.AND APO NO.440 OF 201.WITH AP NO.203 OF 201.AND APO NO.441 OF 201.WITH AP NO.260 OF 201.AND APO NO.442 OF 201.WITH AP NO.204 OF 201.AIR INDIA LIMITED Versus P & N ASSOCIATES & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :26. h February, 2013. Mr.R.N.Majumder, Adv., Mr.Sourav Chakraborty, Adv., Mr.Supratim Bhattacharya, Adv., for the appellant. Mr.Amitava Ghosh, Adv., Mr.Bijon Majumder, Adv., for the respondent. The Court : These four appeals would relate to a long standing dispute with regard to four construction contracts that the parties entered into in early part of 1980s. The contracts were terminated in 1986, since then the protracted litigations are going on. The appellant invoked the arbitration clause. One of the former Judges of this Court was appointed Arbitrator. He held 81 sittings, however, ...


Feb 26 2013

Woodland Manufacturers Ltd. Vs. Shankar Prasad Garga

Court: Kolkata

Decided on: Feb-26-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CS No.501 of 1976 WOODLAND MANUFACTURERS LTD.Versus SHANKAR PRASAD GARGA CS No.228 of 1984 SHANKAR PRASAD GARGA Versus WOODLAND MANUFACTURERS LTD.CS No.684 of 1986 SHANKAR PRASAD GARGA & ANR. Versus WOODLAND MANUFACTURERS LTD.CS No.324 of 1987 GA No.708 of 2007 GA No.1241 of 2009 GA No.1871 of 2009 GA No.1818 of 2009 GA No.2330 of 2009 GA No.1887 of 2012 WOODLAND MANUFACTURERS LTD.Versus SHANKAR PRASAD GARGA & ORS.CS No.43 of 1989 WOODLAND MANUFACTURERS LTD.Versus SHANKAR PRASAD GARGA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:26. h February, 2013. Appearance: Mr.Arijit Banerjee with Mr.Dhruba Ghosh and Mr.Roibat Banerjee, Advocates ...for Woodlan Manufacturers LTD.Mr.Arindam Sinha with Mr.Biswabrata Basu Mullick and Mr.Tapan Sil, Advocates ...for S.P.Garga Parties are litigating over a situated at Rafi Ahmed Kidwai Road. claims in Limited relation (for to short, the valuable property There are claims and c...


Feb 22 2013

State Bank of India Service Through the Zonal Manager and Another Vs. ...

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Feb-22-2013

Mridula Roy, LD. Member 1. The instant Appeal is directed against the judgement and order dated 30.01.2012 passed by District Consumer Disputes Redressal Forum, Kolkata, Unit-I in CDF/Unit-I/Case No. 88/2010, allowing the petition of complaint on contest with cost against the OP No. 3 directing the OP Nos. 1 and 2 jointly and severally to pay compensation of RS. 1,00,000/- and litigation cost of Rs. 10,000/- within 45 days from the date of communication of that order i.d. an interest @ 9% per annum shall carry over the entire sum due to the credit of the complainant till full realization. 2. The complainants case before the Ld. District Forum, in brief, was that she had a Savings Account bearing No. 110062771061 with the OP No. 1/Bank and she had been operating the said account regularly. The complainant visited the shop of OP No. 3 with the intention to buy some gold jewellary. Accordingly, she purchased some ornaments and issued a cheque bearing No. 614213 dated 15.01.2010 for an amo...


Feb 22 2013

Manash Bhattacharjee Vs. Subrata Kumar Sarkar

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Feb-22-2013

J. Bag, Ld. Member 1. The present appeal is directed against the Order dated 31.12.2010 in Case No.103/2010 passed by the Ld. District Consumer Disputes Redressal Forum North 24 Parganas allowing the complaint against the O.P./Appellant with direction upon the O.P./Appellant to get the flat registered in favour of the Complainant/Respondent within 15 days from the date of order on receiving the balance consideration money of Rs.3,50,000/-(Three lakh fifty thousand) only apart from payment of Rs. 1,000/-(One thousand)only as costs. The complaint case, in brief,was as follows: 2. There was an agreement between the Complainant/Respondent and the O.P./Appellant in regard to the purchase / sale of a self contained flat at a consideration of Rs.9,50,000/-(Nine lakh and fifty thousand ) only. A sum of Rs.50,000/- (Fifty thousand) only was paid as advance by the Complainant on 03.05.2009. Subsequently, A new agreement for sale was executed by and between the parties on 08.05.09 and a sum of Rs...


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