Kolkata Court March 2013 Judgments
Madhu Sudan Ghosh Vs. Susanta Kumar Halder
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.507 of 2013 GA No.508 of 2013 APOT No.78 of 2013 WP No.395 of 2010 MADHU SUDAN GHOSH Versus SUSANTA KUMAR HALDER BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE MRINAL KANTI SINHA Date :19. h March, 2013. For Appellant : Mr.Subir Sanyal, Advocate with Mr.B.B. Biswas, Advocate For Respondent : Mr.Debabrata Saha Roy, Advocate For State : Mr.Pradip Dutta, Senior Advocate with Mr.S.Roychowdhury, Advocate The Court : Delay is condoned for the reasons appearing in the application for condonation of delay. The application for condonation of delay is, thus, disposed of. The subject matter of challenge in this appeal is an order dated 29th November, 2012 passed by brother J.K.Biswas, J. The appellant, before us, was not a party to the writ petition. He, therefore, has prayed for leave to prefer this appeal on the ground that he has been seriously prejudiced by the aforesaid order. We ...
Tag this Judgment!Commissioner of Income Tax, Kolkataxviii Vs. Amratala Sarada Mayee Jan ...
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.38 of 2013 GA No.407 of 2013 GA No.408 of 2013 COMMISSIONER OF INCOME TAX, KOLKATA-XVIII Versus AMRATALA SARADA MAYEE JANAKALYAN SANGHA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE MRINAL KANTI SINHA Date :19. h March, 2013. For Appellant : Mr.Nizumuddin, Advocate For Respondent : Ms.Sujata Mukherjee, Advocate The Court : On 15th November, 2011 copy of the order passed by the Tribunal sought to be challenged was received. On 1st December, 2011 decision to prefer an appeal was taken. On 9th January, 2012 the learned Counsel, engaged in the matter, completed the drafting of the memorandum of appeal and the stay application. The appeal was filed on 5th February, 2013. Delay for about a year between 9th January, 2012 and 5th January, 2013 has been sought to be explained by alleging that various officers were examining the matter, then a senior advocates opinion was take...
Tag this Judgment!M/S. Enterprise International Ltd. Vs. Commissioner of Customs (Port) ...
Court: Kolkata
Decided on: Mar-19-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti 19.03.2013 WP 20.of 2013 M/S.Enterprise International LTD.versus Commissioner of Customs (Port) & ORS.Mr.S.Mehta, Advocate for the petitioner Mr.S.B.Saraf, Advocate with Ms.Sampa Sarkar, Advocate for the respondents The Court :- With the consent of the parties the writ petition is being disposed of at the Court Application stage itself. The learned counsel for both the parties have drawn my attention to the fact that in similar writ petitions two orders were passed by a learned single Judge of this Court in WP 103.of 2012 and WP 2.of 2013. They have been annexed to the present writ petition. Another order on the same line was passed by another learned single Judge of this Court in WP 10.of 2013. Considering the submissions made by the learned Advocate for the respective parties and the prayers made in the writ petition this Court also passes the same order...
Tag this Judgment!Nagreeka Exports Ltd. Vs. Pubali Bank Ltd. and ors.
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET CS No.12 of 2000 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NAGREEKA EXPORTS LTD.Versus PUBALI BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :19. h March, 2013. Appearance: Mr.Debjyoti Dutta, Adv.For the plaintiff. Mr.Reetobrata Mitra, Adv.Mr.Sourya Sadhan Bose, Adv.For the defendant Nos.1 and 2. The Court :- In terms of the earlier order Deputy Sheriff filed a report enclosing the communication received from the Department of Posts wherefrom it appears that the writ of summons along with the copy of the plaint was dispatched to Dhaka, Bangladesh on 4th September, 2012 by Flight No.9W 027.but no information is available regarding delivery of the article. The communication from the postal authorities further shows that the enquiry is under process and further information in this regard would be communicated as soon as they receive an intimation from Foreign Postal Administration of Bangladesh. Mr.Debjyoti Dutta, learned Coun...
Tag this Judgment!Sri Surya Narayan Tiwari and Others Vs. the State of West Bengal and O ...
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET WP No.338 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.SURYA NARAYAN TIWARI AND OTHERS Versus THE STATE OF WEST BENGAL AND OTHERS BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date :19. h March, 2013. Appearance : Mr.Arabinda Chatterjee, Advocate. Mr.Saiful Islam, Advocate. Mr.P.N. Mishra, Advocate. The Court : This writ application is filed by the petitioners alleging inaction on the part of the West Bengal Board of Secondary Education in considering their representation in the matter of reconstitution of the Managing Committee, Howrah Hindi High School (H.S.) situated in the district of Howrah. The petitioners are the teachers of the school under reference. An objection is raised by Mr.P.N.Mishra with regard to the maintainability of this writ application in the Original Side. Relying upon the provisions of Rule 4 of the Rules of the High Court at Calcutta relating to application under Article 226 of the Constitution of India, i...
Tag this Judgment!Vs. Union of India and ors.R
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET WP 23.of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.NEXUS CONNEXIONS PVT.LTD.AND ANR. Petitioners Versus UNION OF INDIA & ORS.Respondents BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :19. h March, 2013. For Petitioners : Mr.Debapriya Gupta, advocate Ms.Ssucharita Biswas, Advocate For State : Dr. Sutanu Patra, Advocate The Court : The order impugned in the present writ petition is dated January 28, 2013 and has been passed by the Deputy Director, Employees State Insurance Corporation, West Bengal Region, West Bengal. By the said order it has been held that the concerned establishment and the principal employer had failed to pay the contributions as determined by the said authority and the impugned as determined was directed to be paid by the establishment to the ESE authorities. The petitioner has assailed the order by invoking the writ jurisdiction of this Court. efficacious alternative remedy However, I am of the vie...
Tag this Judgment!Rananjoy Bhattacharya Vs. Union of India and ors.
Court: Kolkata
Decided on: Mar-19-2013
FORM not J(2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURIDICTION ORIGINAL SIDE Present: THE HONBLE JUSTICE ANIRUDDHA BOSE W.P. No.962 of 2010 Rananjoy Bhattacharya VS. Union of India & Ors. Advocates for the private Respondent No.8: Mr. Arindam Sinha Ms. Manika Kalra Mr. Abhishek Gupta Advocates for the State: Mr. S. Talukdar Mrs. Debjani Ray Mrs. Debjani Ghosh Advocates for the HPCL: Mr. Debajyoti Dutta Mr. Rakhsanda Qamar Judgment On:19. h March, 2013. ANIRUDDHA BOSE, J.:1. The controversy involved in this proceeding arises out of a selection process initiated by a notice published by the Hindustan Petroleum Corporation Ltd., (HPCL) inviting applications for appointment of dealers in respect of various retail outlets for petroleum products in different parts of this State. The dispute in this proceeding relates to a location disclosed against serial No.21 in the list of sites disclosed in the advertisement. The location is described as Bhojerhat between KM stone 15-17 ...
Tag this Judgment!Vs. Union of India and ors.
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET WP No.229 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ONUS MANAGEMENT PVT.LTD & ANR. Petitioner Versus UNION OF INDIA & ORS.Respondents BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :19. h March, 2013. For Petitioner : Mr.Debapriya Gupta, Advocate Ms.Sucharita Biswas, Advocate For Respondents No.2 to 5. : Mr.Soumitra Banerjee, Advocate The Court : Orders dated April 2, 2012 and August 17, 2012 passed by the respondent No.4 herein have been assailed by this writ petition. By the orders impugned the said respondents determined a certain amount as statutory due from the petitioner in respect of certain periods as mentioned in the respective ordeRs.The petitioner has assailed the order by invoking the writ jurisdiction of this Court. efficacious alternative remedy However, I am of the view that an equally in the form of a statutory appeal has provided in section 45AA is available to the petitioner. The petitioner has not...
Tag this Judgment!Besco Limited ,(Wagon Division) and anr. Vs. Eastern Railway and ors.
Court: Kolkata
Decided on: Mar-19-2013
ORDER SHEET WP No.253 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE In the matter of: BESCO LIMITED ,(WAGON DIVISION) & ANR. Versus EASTERN RAILWAY & ORS.BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :19. h March, 2013. Appearance: Mr.Pratap Chatterjee Sr.Advocate Mr.Abhrajit Mitra, Advocate Mr.Sarbapriya Mukherjee, Advocate Mr.Subhankar Chakraborty, Advocate . .for the petitioner. Mr.Swapan Banerjee, Advocate . .for the respondent. The Court: The petitioners in this writ petition under article 226 of the Constitution of India dated March 13, 2013 are seeking the following principal relief:a) A writ of or in the nature of mandamus do issue commanding the respondents, their men, agents, servants and/or assigns to forthwith withdraw the notices dated 19th February 2013 and 7th March 2013 being Annexures P3. and P10. hereof;. The notice dated February 19, 2013 is at page 34 and the notice dated March 7, 2013 is at page 49. By the notices the ...
Tag this Judgment!India Carbon Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-19-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti 19.03.2013 WP 17.of 2013 India Carbon LTD.versus State of West Bengal & ORS.Mr.J.P.Khaitan, Sr.Advocate with Mr.Sourav Bagaria, Advocate for the petitioner Mr.Soumitra Mukherjee, Advocate for the respondents The Court :- I have been informed by Mr.Khaitan, learned Sr.Advocate for the petitioner as well as Mr.Mukherjee, the learned Advocate for the respondents that several writ petitions have already been filed praying for identical relief as prayed for in the present writ petition. It may be mentioned that by the present writ petition the petitioners have prayed for a declaration that the provisions of West Bengal Tax on Entry of Goods into Local Areas Act, 2012 and the rules made and the notification issued thereunder are ultra vires and unconstitutional and other reliefs. The same was the subject matter of the several other writ petitions and a learned s...
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