Kolkata Court February 2013 Judgments
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Sonex Tv Appliances Pvt. Ltd. Vs. Allahabad Bank and ors.
Court: Kolkata
Decided on: Feb-04-2013
TA No.18 of 2013 T No.40 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Sonex TV Appliances PVT.LTD.Versus Allahabad Bank & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date:4. h February 2013 Appearance: Mr.Dhurba Ghosh, Advocate Ms.Lopita Banerjee, Advocate for the plaintiff The suit was allowed to be instituted and the application in aid thereof allowed to be moved at 2 pm today ex parte. This was in view of the submission made by MRS.Banerjee led by Mr.Ghosh, learned Advocates that if a restraint order was not passed by this Court in couRs.of this day, the defendant-bank might make payment under subject letter of credit. The plaintiff is an importer of electronic goods, the third defendant being the seller. The transaction was financed by a letter of credit dated 17th August 2012. One of the terms of this documentary credit was that the goods had to be inspected by one Mr.Sanjay Hazra and an inspection certificate issued by the beneficiary (see Clause F46A...
Abdul Shokur Molla Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-04-2013
In The High Court at Calcutta Constitutional Writ Jurisdiction Original Side Present: The Honble Mr.Justice Jayanta Kumar Biswas. W.P.No.717 of 2012 Abdul Shokur Molla Versus State of West Bengal & ORS.Mr.Suman Dutt with Mr.Kumar Gupta & Mr.Navneet Mishra, advocates, for the petitioneRs.Mr.Sadananda Ganguly with Mr.Ayan Banerjee, advocates, for the State. Mr.Satyajit Talukdar, advocate, for the third respondent. Mr.Achintya Banerjee with Ms.Era Ghose & Ms.M.Roy Chowdhury, advocates, for the fifth respondent. Heard on: February 4, 2013. Judgement on: February 4,2013. The Court:- The petitioner in this WP under art.226 of the Constitution of India dated August 6, 2012 is seeking the following principal relief :a.Declaration that the said property is not subject matter of any acquisition proceedings and the same is the property of the petitioner;. Relying on the document at p.22 of the WP, Mr.Dutt appearing for the petitioner has submitted that although the property in question was never ...
Concast Steel and Power Ltd. Vs. Burdwan Iron and Steel Co. Pvt. Ltd. ...
Court: Kolkata
Decided on: Feb-04-2013
ORDER SHEET GA No.289 of 2013 CS No.17 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CONCAST STEEL & POWER LTD.Versus BURDWAN IRON & STEEL Co.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h February, 2013. Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.D.N.Sharma, Advocate Ms.Noel Dey, Advocate Ms.S.Chatterjee (Ghosh).Advocate Mr.D.Sen, Advocate The Court: The order passed today morning in the above application (GA No.289 of 2013 connected with CS No.17 of 2013) was mentioned on behalf of LMJ International LTD.at 2.00 P.M.today by Mr.Ahin Chowdhury, learned Senior Advocate. It was submitted that further to an order passed by this Court on 6th December 2012 in AP No.933 of 2012 (LMJ INTERNATIONAL LTD.Versus- M/S.SARAT CHATTERJEE & Co.(VSP) LTD.& ORS.) and an order dated 21st December 2012 read with the order dated 31st January 2013 in AP No.1068 of 2012 (LMJ INTERNATIONAL LIMITED -Versus- M/S.SARAT CHATTERJEE & Co.(VSP) LTD.& AN...
Kolkata Municipal Corporation and ors. Vs. Pile Foundation Constructio ...
Court: Kolkata
Decided on: Feb-04-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO 28.OF 200.WITH WP 3.of 2007 KOLKATA MUNICIPAL CORPORATION & ORS.Versus PILE FOUNDATION CONSTRUCTION Co.(INDIA) PVT.LTD.& ANR. BEFORE: The Hon'ble CHIEF JUSTICE ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :4. h February, 2013. Mr.Ashok Banerjee, Advocate Mr.Alok Ghosh, Advocate for K.M.C.Mr.S.Talukdar, Sr.Advocate Mr.Dip Narayan Mukherjee, Advocate Mr.Amiya Narayan Mukherjee, Advocate for respondents The Court :- The Kolkata Municipal Corporation has come up in the appeal as against the order dated 23.09.2009 passed by the Single Bench. Single Bench has without any reasoned order ordered the refund of Rs.19,89,034/- to the respondent Pile Foundation Construction Co.PVT.LTD.The amount was realised by the Kolkata Municipal Corporation on account of drainage and development fee. The question raised by the appellant in the appeal is of unjust enrichment, as it is submitted by Mr.Ashok Kumar Ban...
Birla Corporation Limited Vs. Sri Bhupen Halder and ors.
Court: Kolkata
Decided on: Feb-04-2013
ORDER SHEET ALP No.15 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BIRLA CORPORATION LIMITED Versus Sr.BHUPEN HALDER & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h February, 2013. Appearance: Mr.Debnath Ghosh,Advocate Mr.Avijit Dey,Advocate. for petitioner. Mr.Ujjwal Datta,Advocate for respondents. The Court : A lawyer filed a suit (Title Suit No.34 of 2012) against Birla Corporation Limited and two other parties in the Court of the learned FiRs.Civil Judge (Senior Division) at Alipore. He claimed his allegedly unpaid legal fees. There is no dispute that if any Court holds that an amount on account of unpaid legal fees is payable, on the cause of action disclosed, it is payable by Birla Corporation Limited and no other. The second defendant is a Solicitor Firm and the third defendant is another lawyer with whom the plaintiff does not have any contract for payment of fees. Neither do they hold any amount of Birla Corporation payable t...
Humcha Impex Pvt Ltd and anr Vs. Satender Kumar,assistant General Mana ...
Court: Kolkata
Decided on: Feb-04-2013
ORDER SHEET C.C.No.135 of 2012 W.P.No.72 of 2012 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE HUMCHA IMPEX PVT LTD & ANR Versus SATENDER KUMAR,ASSISTANT GENERAL MANAGER ,ALLAHABAD BANK BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :4. h February, 2013. For Petitioner : MR.V.N.DWIVEDI,ADVOCATE For alleged contemner: MR.AMITAVA DAS,ADVOCATE The Court : Perused the note sheet dated 1st February, 2013 prepared by the learned Registrar, Original Side. It is submitted by Mr.Amitava Das, learned advocate for the alleged contemner that pursuant to the directions contained in the order dated 13th July, 2012 passed in W.P.No.72 of 2012 (Humcha Impex Pvt.LTD.versus Allahabad Bank & Anr.).the alleged contemner, Satender Kumar, the Assistant General Manager, Allahabad Bank, International Branch, 119 Park Street, Kolkata- 700016 is present in Court with the Securities and/or Title Deeds of the property in question and shall hand over the same to the learned advocate fo...
Mills Ltd. (In Liqn.)and ors. Vs. the O/L High Court ,calcutta
Court: Kolkata
Decided on: Feb-01-2013
CA No.782 of 2011 BIFR No.221 of 1987 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE SREE DURGA COTTON SPINING & WEAVING MILLS LTD.(IN LIQN.).ORS.-VersusTHE O/L HIGH COURT ,CALCUTTA Appearance: Mr.Utpal Bose, Adv.Mr.Om Narayan Chowdhury, Adv...for the CESC LTD.Mr.Amiya Kumar Sur, Adv...for UBI. Mr.M.C.Ghosh, Adv...for the Official Liquidator. Mr.Srijit Chakraborty, Adv...for the workeRs.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 1, 2013. The Court : This is an application by CESC LTD.protesting the official liquidators opinion that the dues of CESC LTD.are to be paid as an unsecured creditors dues and the claim is not to be treated as a secured claim. The applicant refers to the West Bengal Electrical Undertakings (Recovery of Dues) Act, 2000 and places Section 5 thereof which recognizes that the amount of dues in certain cases may be recoverable as an arrear of land revenue. The applicant says that by reason of such provision, the claim of the appli...
Vs. the Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Feb-01-2013
ORDER SHEET APO NO.269 OF 200.WP No.1610 of 2004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CENTRAL BANK OF INDIA Appellant Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Respondents BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :1. t February, 2013. For Appellant : Mr.Soumya Majumder, Advocate For Respondents: Mr.Sandip Kr. De, Mr.Debangshu Mondal, Advocates The Court : The intra-court appeal has been preferred as against the order dated 14th July, 2009 dismissing the writ application filed by the petitioner apprehending disconnection of the filtered water connection, sewerage line and other civic amenities by the Kolkata Municipal Corporation. It was submitted by the petitioner that with respect to the Fourth Quarter of year 1986-87, writ petition was filed in the year 1989, which was decided by this Court on 20th July, 1989. The petitioner was relegated to the remedy of filing appeal before the concerned appel...
Ltd. Vs. State of West Bengal and ors
Court: Kolkata
Decided on: Feb-01-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WP No.691 of 2012 Petnet Radiopharmaceutical Solutions Pvt LTD.-VsState of West Bengal & Ors -ANDW.P.No.696 of 2012 Shalimar Chemicals Works Ltd -VsState of West Bengal & ORS.-AndWP No.699 of 2012 Dabur India Ltd -VsState of West Bengal & Ors -AndW.P.No.737 of 2012 Glaxo Smithkline Pharmaceuticals LTD.-VsThe State of West Bengal & ORS.-AndW.P.No.738 of 2012 Websol Energy System LTD.-VsThe State of West Bengal & ORS.-AndW.P.No.749 of 2012 Neo Metaliks LTD.-VsThe State of West Bengal & ORS.-AndW.P.No.760 of 2012 Hindustan Motors LTD.-VsThe State of West Bengal & ORS.-AndW.P.No.774 of 2012 Holoflex LTD.-versus State of West Bengal & ORS.-AndW.P.No.782 of 2012 Creative Polypack LTD.-VsThe State of West Bengal & ORS.-AndW.P.No.824 of 2012 SPS Steels Rolling Mills LTD.-versus State of West Bengal & ORS.-AndW.P.No.825 of 2012 Indo Ameican Electricals LTD.-versus State of West Bengal & ORS.-AndW.P.No.831 o...
The Commissioner of Customs (Airport), Kolkata vs. the Hon'Ble Customs ...
Court: Kolkata
Decided on: Feb-01-2013
ORDER SHEET W. P. No.971 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE COMMISSIONER OF CUSTOMS (AIRPORT), KOLKATA Versus THE HON'BLE CUSTOMS, EXCISE AND SERVICE TAX APPELLANT TRIBUNAL BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :1. t February, 2013. For Petitioner :Mr. R.Bharatdwaj with Mr. T. M. Siddiqui, ld. Advocate for the petitioner. For Respondent :Mr. Monot Malhotra, Advocate for respondent no.3 The Court :- This writ application filed by the Commissioner of Customs (Airport), Kolkata, is directed against order not M-166-167/Kol/2012,/S-301- 302/Kol/2012,/A-197-198/Kol dated 4th April, 2012 passed by the Customs, Excise Service Tax Appellate Tribunal rejecting the three applications filed by the Commissioner of Customs (Airport) for condonation of delay of 309 days in filing the appeals being Customs Appeal Nos. C/A/93 of 3010 and C/A/120 of 2010. One M/s. Indo-China Maritime Agency being respondent no.2 filed two Bills of Entry No...
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