Kolkata Court April 2013 Judgments
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Abhijeet Natural Resources Pvt. Ltd. Vs. Kla India Public Ltd. and anr ...
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET GA No.1540 of 2012 CS No.199 of 2012 GA No.366 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHIJEET NATURAL RESOURCES PVT.LTD.Versus KLA INDIA PUBLIC LTD.& ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :24. h April, 2013. Appearance: Mr.S.N.Mookerji, Sr.Advocate Mr.Ratnanko Banerjee, Advocate Mr.Tarun Aich, Advocate Mr.D.N.Chowdhury, Advocate Mr.Sounak Mitra, Advocate for the petitioner Mr.Pratap Chatterjee, Sr.Advocate Mr.Debdutta Sen, Advocate Mr.Jeevan Ballav Panda, Advocate Mr.Rishav Dutta, Advocate for respondent No.1 The Court: This is a very interesting case. The plaintiff wants permanent stay of arbitration. They say that the fiRs.defendant is not a party to the contract dated 28th January, 2009, which contains an arbitration clause. The contract stipulated that the seller was J.K.S.Mines PVT.Ltd., the name of which has been changed to the plaintiff. The buyer was Devi Mineral Resources (I) PVT.LTD.One expression in th...
Asit Kumar Sardar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET WP No.247 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASIT KUMAR SARDAR Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :24. h April, 2013. Appearance: Mr.A.K.Bera, Advocate. Ms.Gitashree Mistry, Advocate. for the petitioner. Mr.Pantu Deb Roy, Advocate. for the State. The Court : A supplementary affidavit has been filed today in Court on behalf of the petitioner. Let the same be kept with the records. The petitioner is aggrieved over a new timetable issued to him in respect of his Inter Regional route between Silda and Purulia in the districts of Paschim Midnapore and Purulia. This timetable has been given, it is argued on behalf of the petitioner, on the basis of an objection over the past timetable of the petitioner raised by the respondent no.6. Service has been effected on the respondent no.6 and affidavit of service has been filed. No one, however, appears on behalf of the respondent no.6. The c...
The Commissioner of Oincome Tax, Koliii, Kol. Vs. Rajarani Exports Pvt ...
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.49 of 2013 GA No.480 of 2013 GA No.483 of 2013 THE COMMISSIONER OF OINCOME TAX, KOL-III, KOL. Versus RAJARANI EXPORTS PVT.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :24. h April, 2013. For Appellant : MRS.Smita Das De, Advocate For Respondent : Mr.J.P. Khaitan, Senior Advocate with Mr.R.L. Mitra with Ms.Priyanka Dhar, Advocates The Court : There is delay of 90 days. Mr.Khaitan, learned senior advocate appearing for the assessee-respondent, very fairly submitted that he does not stand in the way of prayer for condonation of delay. Accordingly, the prayer for condonation of delay is allowed with the caution to the department to be more careful in future because in the next matter they may not get such cooperation from the other side, and we may not be inclined to allow the prayer merely for asking, regard being had to the judgment of the Ape...
Bajranglal Agarwal Vs. Eastern India Motioin
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET APO NO.127 OF 201.CS NO.401 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BAJRANGLAL AGARWAL Versus EASTERN INDIA MOTIOIN PICTURES ASSOCIATION & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :24. h April, 2013. Mr.Ratnanko Banerji, Advocate Mr.Sakya Sen, Advocate Mr.Sabyasachi Sen, Advocate for the appellant. Mr.Pramit Kumar Ray, Advocate Mr.Mohit Gupta, Advocate Mr.Anuran Samanta, Advocate for the respondent no.2. The Court : In couRs.of hearing of the appeal Mr.Ray, learned Counsel appearing for the appellant, has filed a supplementary affidavit disclosing the facts subsequent to the preferring of the appeal. Mr.Banerji, learned Counsel appearing for the respondents, wants to file counter to the same. Mr.Banerji has also disclosed copy of the result of the election that is kept on record. We find, this litigation would relate to producers section where altogether 13 candidates con...
Union of India Vs. M/A. Ashoke Tubewell
Court: Kolkata
Decided on: Apr-24-2013
AP No.333 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA -VersusM/A. ASHOKE TUBEWELL Appearance: Mr.A.K.Ghosal, Sr.Adv.Mr.Rajendra Chaturvedi, Adv...for the petitioner. Ms.Parveen Siddiqui, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 24, 2013. The Court : A preliminary point has been urged by the Union of India as to the authority of the arbitrator to adjudicate upon the disputes covered by the arbitration agreement. Upon the Court not being impressed by such challenge, the merits of the matter have been canvassed. The award has been assailed in the arbitrator accepting in full or in part the claims made under the first, fourth, eighth and 14th heads. The reference was made under the Arbitration and Conciliation Act, 1996. The petitioner points out that the period required to be afforded to the general manager for constituting the arbitral tribunal was not adhered to by the contractor in the...
Anjan Kumar Sengupta Vs. Bharat Sanchar Nigam Ltd. and Calcutta
Court: Kolkata
Decided on: Apr-04-2013
AP No.404 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ANJAN KUMAR SENGUPTA Versus BHARAT SANCHAR NIGAM LTD.& CALCUTTA TELEPHONE & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h April, 2013. Appearance: Mr.Arik Banerjee, Adv.Mr.Dipak Basu, Sr.Adv.Mr.Rajib Mukherjee, Adv.The Court : There is no dispute between the parties as to the existence of the arbitration agreement. The respondent says that in a petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the petitioner, the Court had held that there was no dispute between the parties which could be referred to an arbitrator. An appeal from such order has apparently been dismissed for default. However, from the petition and the affidavit-in-opposition it appears that there is a dispute as to whether the petitioner was entitled to claim rent for the months that the BSNL has not been in effective occupation of the property in question and further, as to whether the petition...
Vs. Indian Overseas Bank and anr.
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET TA No.53 of 2013 T No.123 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.Versus INDIAN OVERSEAS BANK & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h April, 2013. Appearance: Mr.Kalyan Bandopadhyay, Sr.Advocate Mr.Rudraman Bhattacharya, Advocate Mr.D.Bhattacharya, Advocate Mr.Ganesh Jajodia, Advocate Mr.A.sen, Advocate for the petitioner The Court: Under urgent circumstances as cited by Mr.Bandopadhyay yesterday, leave was granted to him to present the plaint and to move this interim application today, ex-parte. In those circumstances, the application is appearing in the list as New Motion (To be taken up in Chamber).The bank guarantee dated 30th March, 2012, was issued by the fiRs.defendant bank. It was valid till 31st March, 2013. It was invoked by the second defendant by their letter dated 1st March, 2013. As of now, there is no transfer of funds under the bank guarante...
Vs. the Kolkata Municipal Corporation and ors.Respond
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET GA No.1059 of 2013 WP No.7 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRATAP THAKER Petitioner Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Respondents BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :4. h April, 2013. For Petitioner : Mr.Ranjan Bachawat, Advocate Mr.Anurag Bagaria, Advocate Mr.A.Poddar, Advocate For Manappuram : Mr.Sabyasachi Chowdhuyry, Advocate Mr.Anirban Kar, Advocate For Respondent No.3 : Mr.Kishore Dutta, Advocate Ms.Sumita Shaw, Advocate Mr.Sayan Sinha, Advocate For KMC : Mr.Biswajit Mukherjee, Advocate Mr.Debangshu Mondal, Advocate The Court : The GA dated February 14, 2013 has been filed by one Manappuram Finance Limited for its addition as a respondent in the pending WP No.7 of 2012. Mr.Bachawat appearing for the petitioner in the WP has questioned the maintainability of the GA. He has said that Manappurams presence is not necessary for an effective adjudication of the issues involved in the WP. Mr...
Vs. the Kolkata Municipal Corporation and ors.Respon
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET GA No.1067 of 2013 WP No.614 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUNIL DAGA Petitioner Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Respondent BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :4. h April, 2013. For the petitioner : Mr.Mr.Kishore Dutta, Advocate Ms.Sumita Shaw, Advocate Mr.Sayan Sinha, Advocate For the 5th respondent : Mr.Ranjan Bachawat, Advocate Mr.Anurag Bagaria, Advocate Mr.A.poddar, Advocate For Manappuram : Mr.Sabyasachi Chowdhury, Advocate Mr.Anirban Kar, Advocate For KMC : Mr.Biswajit Mukherjee, Advocate Mr.Debangshu Mondal, Advocate The Court : This GA dated March 26, 2013 has been filed by one Manappuram Finance Limited for its addition as a respondent in the pending WP No.614 of 2011. The 5th respondent in the WP lodged a complaint that the petitioner erected question. The authority initiating proceeding under section 400 of the Kolkata Municipal an unauthorised Corporation Act, construction ...
Subhas Parekh and anr. Vs. Smt. Lalita Rani JaIn and ors.
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET GA NO.724 OF 201.CS NO.60 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUBHAS PAREKH & ANR. Versus SMT. LALITA RANI JAIN & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h April, 2013. Appearance: Mr.Jayak Gupta, Mr.D.Banerjee, Advocates For petitioners Mr.M.Rajasekhar , Mr.Gaurav Singh, Advocates for respondents The Court : This suit and the instant application connected with it, have been instituted pursuant to a part of the order of Sanjib Banerjee, J. dated 6th February, 2013 I.C.No.11 of 1989 Re: Subhas Parekh in G.A.No.1805 of 2012 with And Hemant Kumar Jain And Subhas Parekh. That part of the order is as follows: It will be open to the intervenot and the debtor to institute appropriate proceedings both in respect of the payment and in respect of the flat, if they are otherwise so entitled, without this order conferring any right which they may not possess. The official assignee will cease to be in symbolic possession of...
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