Kolkata Court April 2013 Judgments
Punit Goyal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-30-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti 30.04.2013 WP 40.of 2013 Punit Goyal versus State of West Bengal & ORS.Mr.Ramesh Chowdhury, Advocate for the petitioner. The Court :- Let affidavit of service filed in Court today be kept with the record. In spite of service none appears to oppose this application. I have been informed by Mr.Chowdhury, the learned Advocate for the petitioner that several writ petitions have already been filed praying for identical relief as prayed for in the writ petition. It may be mentioned that by the present writ petition the petitioner has inter alia prayed for a declaration that the provisions of West Bengal Tax on Entry of Goods into Local Areas Act, 2012 are ultra vires the Constitution of India and for other reliefs. The same was the subject matter of the several other writ petitions and a learned single Judge on 19th December, 2012 in WP 103.of 2012 (Mageba Bridg...
Tag this Judgment!Smtc Steel and Power Pvt.Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-30-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti 30.04.2013 WP 40.of 2013 Smtc Steel & Power Pvt.LTD.versus State of West Bengal & ORS.Mr.Ramesh Chowdhury, Advocate for the petitioner. The Court :- Let affidavit of service filed in Court today be kept with the record. In spite of service none appears to oppose this application. I have been informed by Mr.Chowdhury, the learned Advocate for the petitioner that several writ petitions have already been filed praying for identical relief as prayed for in the writ petition. It may be mentioned that by the present writ petition the petitioner has inter alia prayed for a declaration that the provisions of West Bengal Tax on Entry of Goods into Local Areas Act, 2012 are ultra vires the Constitution of India and for other reliefs. The same was the subject matter of the several other writ petitions and a learned single Judge on 19th December, 2012 in WP 103.of 201...
Tag this Judgment!indrapuri Studios Pvt Ltd and ors Vs. Rashmi Bubna and ors.
Court: Kolkata
Decided on: Apr-30-2013
1 ORDER SHEET APOT No.183 of 2013 G.A.No.1134 of 2013 CS No.416 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE INDRAPURI STUDIOS PVT LTD & ORS Versus RASHMI BUBNA & ORS.-ANDAPOT No.186 of 2013 GA No.1154 of 2013 CS No.416 of 2012 RASHMI BUBNA -VSINDRAPURI STUDIOS PVT LTD & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI SINHA Date :30. h April, 2013. Appearance:Mr.S.N.Mitra, Sr.Advocate with Mr.Arindam Mukherjee and Mr.Dipak Jain Ld. Advocate for Indrapuri Studio. Mr.Pratap Chatterjee, Sr.Advocate, Mr.Tilak Bose, Mr.Anurag Bagaria and Mr.K.Thakkar, ld. Advocates for the respondents. Mr.S.N. Mookherjee Sr.Advocate with Mr.A.Roy, MRS.Bhatia ld. Advocates For respondent no.6 to 10 The Court :- We adjourned this matter from settle their time to dispute time so through that parties intervention could of Mr.Ranjan Deb, Senior Advocate of this Court whom we requested to act as Mediator. From time to time Mr.Deb prayed for adjournment...
Tag this Judgment!The Indian Performing Right Society Ltd. Vs. Dhingana Inc.
Court: Kolkata
Decided on: Apr-30-2013
ORDER SHEET GA No.1157 of 2013 CS No.128 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE INDIAN PERFORMING RIGHT SOCIETY LTD.Versus DHINGANA INC. BEFORE The Honble JUSTICE I.P.MUKERJ.Date:30. h April, 2013 Appearance: Mr.Mr.Mr.Mr.Mr.P.C.Sen, Sr.Advocate S.Talukdar, Sr.Advocate Phiroj Idulji, Advocate Rudraman Bhattacharya, Advocate Avinash Kankani, Advocate The Court: This is an interim application in aid of a copy right action. It is moved ex parte, on the ground that if notice of this application was given to the defendant, they may do certain acts which are prejudicial to the plaintiff, which includes playing the infringing works through other unknown websites. The plaintiff is a company. It is the assignee of the copyright over various cinematographic, musical and other artistic works. Numerous artists have assigned their copyrights in these works in favour of the plaintiff. It is registered under Section 33 of the Copyright Act, 1957. T...
Tag this Judgment!Birla Education Trust and ors. Vs. Birla Corporation Ltd. and ors.
Court: Kolkata
Decided on: Apr-30-2013
ORDER SHEET SHEET NO.1 ACO No.72 of 2013 ACO No.42 of 2011 APO No.154 of 2011 C.P.No.1 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IN THE MATTER OF:BIRLA EDUCATION TRUST & ORS.Versus BIRLA CORPORATION LTD.& ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :30. h April, 2013. Appearance:Mr.P.S.Sengupta, Advocate appeaRs.Ms.M.Bhattacharyay, Advocate appeaRs.Mr.Pratap Chatterjee, Senior Advocate appeaRs.Mr.S.Trivedi, Advocate appeaRs.The Court:-This matter, being ACO No.72 of 2013 is being taken up on being mentioned by Mr.Sengupta, learned Counsel appearing for the appellants in ACO No.42 of 2011 in presence of Mr.Chatterjee, learned Senior Counsel appearing for the respondents in that proceeding. The main prayer of the applicants in the instant application is for a direction upon the Company Law Board not to take any effective step for final hearing in CP No.1 of 2010 pending the outcome of the decision of this Court in ACO No.42 of 2011 and ACO N...
Tag this Judgment!Tyroon Tea Company Ltd. Vs. Devendra Bajoria
Court: Kolkata
Decided on: Apr-30-2013
GA No.975 of 2013 With CS No.83 of 2009 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE TYROON TEA COMPANY LTD.VERSUS DEVENDRA BAJORIA Before: The Honble Justice SOUMEN SEN Date:30.04.2013 Appearance: Mr.Arindam Mukherjee, Adv.Mr.S.Pandey, Adv.The Court: This is an application for recalling of the order dated 12th March, 2013 by which the suit was dismissed for default on the ground that the plaintiff had failed to remove the defects despite notice of such defects. The plaintiff contended that the advocate on record who was entrusted to take steps in the matter had missed the matter in the list in as much as since the parties were negotiating and have reached a settlement the steps that were required to be taken in order to make the said suit ready for hearing was completely missed out and for which the plaintiff prays for unconditional apology. It is not in dispute that the parties have agreed to settle the dispute being the subject matter of the suit....
Tag this Judgment!Chittaranjan Dutta Vs. Sankar Prosad Roy, District Inspector of School ...
Court: Kolkata
Decided on: Apr-30-2013
CC No.63 of 2009 -withWP No.1331 of 2006 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction ( Contempt ) Original Side Chittaranjan Dutta -vsSankar Prosad Roy, District Inspector of Schools (SE).Hooghly Present : The Honble Justice DEBASISH KAR GUPTA April 30, 2013. Appearance : Mr.Anjan Bhattacharya, Advocate. Mr.Sadananda Ganguly, Advocate. THE COURT : This is an application filed by the petitioner under the Contempt of Courts Act, 1971 for alleged wilful disobedience of a judgment delivered on April 18, 2008 in the matter of Chittaranjan Dutta versus State of West Bengal & ORS.( In Re : WP No.1331 of 2006 ).After hearing the learned Counsel appearing for the writ petitioner, I find that the said respondent preferred an appeal against the above judgment in the matter of State of West Bengal & ORS.versus Chittaranjan Dutta ( In Re : APO No.94 of 2010 ).It is also not in dispute that the above appeal was dismissed after hearing the parties on merits. In the aforesaid facts and ci...
Tag this Judgment!Sugan Chand Gharawat and ors. Vs. Bright Steel Corporation
Court: Kolkata
Decided on: Apr-30-2013
ORDER SHEET APO NO.387 OF 199.WITH C.S.No.210 OF 199.IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION SUGAN CHAND GHARAWAT & ORS.-VSBRIGHT STEEL CORPORATION BEFORE THE HONBLE JUSTICE BANERJEE AND THE HONBLE JUSTICE MRINAL KANTI SINHA DATED :30. h April, 2013 Mr.Kashi Nath De, Mr.Bhaskar Mukherjee, Ms.Debjani Ghosh for the appellants. Mr.Ashesh Bhattacharyya, Ms.Pratima Mishra for the respondent. THE COURT : Marshall Sons & Co.(India) Limited was having a long term lease in respect of the premises in question being premises no.33/1, Netaji Subhas Road, Calcutta. Marshall gave it to Mahabir Properties Private Limited with permission to construct. Accordingly, a multistoried complex was constructed by Mahabir, named as Marshall House. The subject matter of dispute would relate to a shop room and/or office room being no.701. According to Marshall and Mahabir, the same was assigned to Bright Steel Corporation. The lease was executed in favour of Bright Steel Corporation. The shop ...
Tag this Judgment!Sunil Financial and Investment Consultants Vs. West Bengal Chemical In ...
Court: Kolkata
Decided on: Apr-30-2013
ORDER SHEET CS No.209 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SUNIL FINANCIAL & INVESTMENT CONSULTANTS VERSUS WEST BENGAL CHEMICAL INDUSTRIES LIMITED BEFORE: THE HONBLE JUSTICE SOUMEN SEN Date:30. h April 2013. Appearance: Mr.Ajay Krishna Chatterjee, Senior Advocate Mr.M.S. Tewari, Advocate ...for the plaintiff. Mr.Arindam Mukherjee, Advocate ...for the defendant. Mr.Debmalya Ghosal, Advocate/Special Officer Mr.Debmalya Ghosal, a learned Advocate of this Court, was appointed Special Officer in order to ascertain the status of the suit premises. It appears from the report of the Special Officer that the suit premises was under lock and key and none of the parties could provide the key to the Special Officer in order to open the padlock. The Special Officer broke open the padlock and found that there was no water and/or electricity connection. He found some old and unused wooden structures strewn over the room. None of the parties claimed the ownership ...
Tag this Judgment!Shri Gautam Dalmia Vs. Union of India, the Chief Commissioner of Custo ...
Court: Kolkata
Decided on: Apr-30-2013
ORDER SHEET WP No.376 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side SHRI GAUTAM DALMIA Versus UNION OF INDIA, THE CHIEF COMMISSIONER OF CUSTOMS & ORS.BEFORE: The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date :30. h April, 2013. Appearance: Mr.Ramesh Chowdhury, Advocate .for the petitioner Mr.R.Bharadwaj with MRS.Santa Mitra, Advocates ..for the respondents The Court: Heard Mr.Chowdhury for the petitioner and Mr.Bharadwaj for the respondents. The writ petition would be heard. Admit. Let an affidavit-in-opposition be filed within four weeks. Let the affidavit in reply thereto, if any, be filed within one week thereafter. Let this matter appear under the same heading For Hearing. after six weeks before the appropriate bench. Mr.Chowdhury submits that the order appealed against has not been served upon him by Registered Post, which he submits, is the mode of service prescribed under Section 153 of the Customs Act. Let a copy of the order produced by ...
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