Kolkata Court March 2013 Judgments
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Vs. Calcutta Municipal Corporation and ors.Respondent
Court: Kolkata
Decided on: Mar-13-2013
ORDER SHEET A.P.O.T.No.79 of 2013 G.A.No.514 of 2013 G.A.No.562 of 2013 With W.P.No.1420 of 2001 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BAGRESS CEREALS PVT.LTD.& ANR. Versus CALCUTTA MUNICIPAL CORPORATION & ORS.Appellants/Petitioners Respondents BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY -AndThe Hon'ble JUSTICE MURARI PRASAD SHRIVASTAVA Date :13. h March, 2013. For Appellants/Petitioners : Mr.Kishore Dutta with Mr.Hiranmaya Bhattacharya & Mr.Emon Bhattacharya, Adversus For Respondents : Mr.Ashoke Kr. Banerjee, G.P.with Mr.Biswajit Mukherjee & Mr.Debangshu Mondal, Adversus G.A.No.514 of 2013 : This application has been filed for condoning the delay in filing the appeal. Having heard the learned Counsel for the parties and considering the averments made in this application, we are of the opinion that sufficient reasons have been shown for condoning the delay in filing the appeal. Therefore, the delay in filing the appeal is condoned. Let the ...
Tarun Kumar Roy Vs. M/S. Ranjan Kumar Das and ors.
Court: Kolkata
Decided on: Mar-13-2013
CS No.60 of 2007 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE TARUN KUMAR ROY VERSUS M/S.RANJAN KUMAR DAS & ORS.B E F O R E: The Honble Justice SOUMEN SEN Dated, the 13th March, 2013. Appearance: Mr.Rajarshi Dutta, Adv.Mr.Chanchal Dutta, Adv.For the plaintiff. Mr.Somnath Saha, Adv.For the defendants. The Court:- By consent of the parties, GA No.830 of 2013 is taken up for hearing. The said application was filed by the defendants in the year 2013 and appears to have been affirmed on 3rd February, 2013, after the suit had appeared as undefended suit. The defendants did not file written statement. The basis of the application under Order 7 Rule 11 of the Code of Civil Procedure appears to be that a substantial portion of the principal amount has been secured under Chapter XIIIA of the Original Side Rules and a sum of Rs.5 lakhs have been paid in a proceeding initiated under the Negotiable Instrument Act. The defendants contend that the said Rs.5 lakh wa...
Murarilal Mehta Vidyamandir Vs. the Regional Provident Fund Commission ...
Court: Kolkata
Decided on: Mar-13-2013
ORDER SHEET WP No.1958 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE In the matter of: Murarilal Mehta Vidyamandir Versus The Regional Provident Fund Commissioner & ORS.BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI. Date :13. h March, 2013. Appearance: Mr.Kashikanta Maitra, Sr.Adv.Mr.Aloke Ghose, Adv.Mr.Asit Kumar Bhattacharjee, Adv.Mr.Ram Chandra Prasad, Adv.Mr.Jasobanto Rakshit, Adv.The Court: The writ petitioner has questioned the order impugned passed by the Assistant Provident Fund Commissioner, Regional Office, Kolkata, dated 29th May, 2006. Mr.Maitra, learned Sr.Advocate appearing for the writ petitioner, submits that the order was passed without considering the fact that the governmental authorities straightway paid dearness allowance to the teachers of primary section and the primary teachers got the credit in their personal account and the school authorities are not at all aware of the same. Therefore, they could not pay the provi...
Prabir Kumar Basak and Amr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-13-2013
ORDER SHEET WP No.73 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRABIR KUMAR BASAK & AMr.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :13. h March, 2013. Appearance : Mr.Sumit Panja, Advocate. Mr.Sumit Roy, Advocate. for the petitioner Mr.Ashok Kumar Banerjee, Senior Advocate. Mr.Gurudas Mitra, Advocate. Mr.Jayanta N. Mahanty, Advocate. for the KMC The Court : Since the premises of the writ petitioner was acquired and the petitioner has already shifted in view of the order passed by this Honble court, some problems are faced by the petitioner. Mr.Panja, petitioner, submits learned that let Counsel there be appearing a for direction the writ upon BSNL Authorities so that telephone connection be shifted to the new premises. The Indane Gas connection should also be transferred. Mr.Panja also submits that the unacquired portion of the land should be purchased by them. He also submits that it is n...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-13-2013
ORDER SHEET BIFR NO.49 OF 199.CA NO.643 OF 200.CA NO.28 OF 200.CA NO.864 OF 201.WITH CA NO.327 OF 200.CA NO.459 OF 200.CA NO.466 OF 200.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF: BHIWADI POLYPACK LTD.(IN LIQUIDATION) AND CANDLE WOOD HOLDINGS PVT.LTD. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h March, 2013. Mr.R.Banerjee, Ms.M.Bhutoria appear for the applicant Candlewood Holdings PVT.LTD.Mr.S.Duttaappears for the Official Liquidator. CA No.28 of 2008 The Court : Today, CA No.28 of 2008 has become infructuous because the third and fourth respondents have already released the securities and title deeds to the applicant, as prayed for. Hence, the application [CA No.28 of 2008].is disposed of by recording the above. CA NO.864 OF 201.None comes forward on behalf of the Rajasthan State Industrial Development and Investment Corporation LTD.[RIICO].to pursue this application. Mr.Banerjee for the Candlewood Holdings PVT.LTD.submits t...
The Commissioner of Customs, (Prev), W.B. Kolkata Vs. Snehansgshu Ghos ...
Court: Kolkata
Decided on: Mar-13-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [ Customs ].ORIGINAL SIDE CUSTA No.5 of 2010 THE COMMISSIONER OF CUSTOMs.(PREV).W.B.KOLKATA Versus SNEHANSGSHU GHOSH & ANR. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :13. h March, 2013. For Appellant : Mr.N.C. Roychowdhury, Sr.Advocate with Mr.P.D. Mukherjee, Advocate For Respondents : Mr.Bivas Aditya. Chakraborty, Advocate The Court : The Additional Commissioner of Customs on 24th April, 2009 passed a detailed judgment and arrived at a finding that 11,800 bottles of phensedyl Cough Linctus Syrup were attempted to be illegally exported by Sr.Snehangshu Ghosh, the respondent before us. He passed orders for confiscation and also imposed penalty. The finding recorded by him reads inter alia as follows: The main question to decide not is that whether Snehangshu Ghosh who purchased the Phensydyl Linctus on basis of his license issued for his shop Ghosh Medical Balurghat which is a...
Bajranglal Agarwal Vs. Eastern India Motion Pictures Association and a ...
Court: Kolkata
Decided on: Mar-13-2013
ORDER SHEET CS NO.401 OF 201.GA NO.3296 OF 201.GA NO.337 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BAJRANGLAL AGARWAL Versus EASTERN INDIA MOTION PICTURES ASSOCIATION & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h March, 2013. Mr.S.N. Mukherjee, senior advocate, Mr.R.Banerjee, Mr.S.Senappear. Mr.A.Mitra, Mr.A.Banerjee, Mr.M.Guptaappear. Mr.S.Bose, Mr.S.Moitraappear. The Court : These applications were pending in my list for quite a long time. Learned counsel for the fiRs.defendant, Eastern India Motion Pictures Association pleaded with me time and again to take up the application. According to him just on the verge of the election this suit and the interim application were filed by a producer to stall the election. For paucity of time, these applications could not be taken up earlier. The plaintiff belongs to the producers section of the association. Substantial points were raised on his behalf by Mr.Abhrajit Mitra, learned coun...
Maheshwari Ispat Limited Vs. Tata Capital Financial Services Limited
Court: Kolkata
Decided on: Mar-13-2013
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Justice Dr. Mrinal Kanti Chaudhuri A.P.O.No.457 of 2012 C.P.No.560 of 2011 Maheshwari Ispat Limited versus Tata Capital Financial Services Limited For the Appellant : Mr.Abhrajit Mitra, Advocate Mr.Jishnu Chowdhury, Advocate Ms.Rajasree Kajaria, Advocate Mr.Soumabha Ghose, Advocate For the Respondent : Mr.Tilak Bose, Advocate Ms.Manju Bhutoria, Advocate Mr.Souvik Chowdhury, Advocate Heard on : February 27 and March 6, 7& 8, 2013 Judgment on : March 13, 2013 ASHIM KUMAR BANERJEE, J. Maheshwari Ispat Limited a company registered under the provisions of the Companies Act 1956 was in precarious financial condition. They could not repay their dues to their creditors resulting in litigations at the instance of creditORS.Maheshwari however, claimed, they had sixteen secured creditORS.However, only one secured creditor was pressing for wind...
Artco Suppliers Vs. Union of India
Court: Kolkata
Decided on: Mar-13-2013
AP No.43 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ARTCO SUPPLIERS -VersusUNION OF INDIA Appearance: Ms.Kumkum Das, Adv...for the petitioner. Ms.Aprana Banerjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :March 13, 2013. The Court : There is no dispute between the parties as to the existence of the arbitration agreement and the fact that there are live disputes covered by the arbitrator agreement to be carried to a reference. It is submitted on behalf of the Railways that Clause 64(3)(a)(ii) of the general conditions governing railway contracts would be applicable in this case. The clause requires a concerned general manager to prepare a panel of gazetted railway officers and seek the nomination of one of them as the contractors nominee and appoint the other two on a panel of three in the event the claim is in excess of Rs.10 lakh. In the instant case, the concerned general manager did not take appropriate ...
Tarak Halder and Another Vs. the Manager, Bata India Ltd and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-12-2013
S. Coari, Member. 1. The present appeal has been directed against the judgement and order dated 23.05.2012 passed by the D.C.D.R.F., Kolkata, Unit II in Case No. CDF/Unit-II/C.C. No. 1424 of 2009 wherein the Ld. District Forum dismissed the petition of complaint on contest but without any order as to cost. 2. The case of the Appellant Complainant before the Ld. District Forum in brief, was that, the Complainant purchased a pair of shoes from O.P. Respondents showroom on 28.02.2008 for a sum of Rs.799/- and obtained a money receipt thereof. According to the Complainant after returning home Complainant noticed that the maximum retail price was printed in the shoe as Rs.749/-. The Complainant protested in writing as regards taking excess amount of money from the Complainant from what was printed in the shoe as MRP. As the O.Ps did not respond to such written protest by the Complainant, the Complainant instituted the consumer complaint on the ground of unfair trade practice adopted by t...
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