Kolkata Court June 2013 Judgments
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Bidhu Bhusan Sarkar Vs. Union of India and ors.
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET WP No.543 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BIDHU BHUSAN SARKAR Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :28. h June, 2013. Appearance: Mr.Shyamal Chakraborty, Advocate Ms.Riya Mitra, Advocate Mr.S.Roy Chowdhury, Advocate Mr.Saumaya Majumdar, Advocate Ms.Somakar Ghosh, Advocate The Court: I am of the view that the learned Judge, FiRs.Labour Court, Kolkata, had very rightly by his order dated 5th April, 2012, rejected the amendment application. Learned counsel for the writ petitioner has not been able to show anything from which the Court can infer that his claim to allotment of shares in Reckitt & Benckiser India LTD.was part of his service benefits, or was connected with his employment. So he has rightly dismissed the application before him. It also appears that the writ petitioner filed two earlier writ applications before this court, the fiRs.WP No.13658 of 2002 which was dismissed as withd...
Sreejaya Bhattacharjee Godfrey and anr. Vs. Mkb (Asia) Pvt. Ltd.
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET GA 185.OF 201.CS 2.OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREEJAYA BHATTACHARJEE GODFREY & ANR. Versus MKB (ASIA) PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date :28. h June, 2013. Mr.Abhrajit Mitra, Adv.appeaRs.with Mr.J.Chowdhury, Adv., Ms.R.Kajaria, Adv., Ms.S.Sharka, Adv., Mr.S.Mukherjee, Adv., for defendants nos.2 and 3/applicants. Mr.R.Mitra, Adv.appeaRs.with Mr.Sarvapriya Mukherjee, Adv., Mr.R.Upadhyay, Adv., ...for plaintiff no.1. The Court : In a suit for framing a scheme for management and affairs of the defendant no.1, an application was filed and a committee of management appointed by order dated March 22, 2013. decision of the Chairman would prevail. In case of deadlock, the The Chairman was also given summary powers to settle the disputes between the siblings through mediation. It will not be out of place to mention that the suit is between the shareholders of the defendant no.1 who are siblings. The committee...
M/S. Assam Carbon Products Limited Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-28-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.593 of 2011 M/S.Assam Carbon Products Limited Versus State of West Bengal & ORS.For the petitioner : Mr.Soumya Majumdar, Advocate Mr.Sunny Nandy, Advocate For the respondent No.3 : Mr.S.K. Bhattacharya, Advocate For the State : Mr.Somnath Banerjee, Advocate Heard on :04. 12.2012, 18.12.2012, 15.01.2013, 29.01.2013 and 19.02.2013 Judgement on :28. 06.2013 The Court : The subject-matter of challenge in this writ petition is an Award dated march 23, 2011 passed by the learned Judge, 4th Industrial Tribunal in Case not VIII-45/2004. The principal issue which cropped up for consideration in the industrial dispute before the tribunal below was whether the management of the writ petitioner was justified in changing the existing Service Rules of 1969 by new Service Rules of 1984. The company had its factories in Guwahati and Hyderabad and had its corporate offic...
Titan Engineering Co.Pvt.Ltd. Vs. M/S. Super Gases and Appliancer Pvt. ...
Court: Kolkata
Decided on: Jun-28-2013
CS 55.of 1998 GA No.2147 of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE TITAN ENGINEERING CO.PVT.LTD.Versus M/S.SUPER GASES & APPLIANCER PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :28. h June, 2013. For the plaintiff : Mr.Jishnu Chowdhury,Advocate Mr.Chayan Gupta,Advocate For defendant No.1 : Mr.Raja Basu Chowdhury,Advocate Mr.Arnab Sardar,Advocate For defendant No.2 : Mr.Reetabrata Mitra,Advocate Mr.Deb Kr. Sen,Advocate The Court : - The plaintiff has filed a suit against the defendants for recovery of khas possession and mesne profits. This application has been filed by the plaintiff for judgment and decree upon admission for recovery of khas vacant and peaceful possession of the suit property on the basis of a letter of surrender issued by the defendant No.1 in favour of the plaintiff. The averments made in the plaint, prima facie, gives an impression that the defendant Nos.2 and 3 have claimed an interest in the suit property from the defendant No.1 and the defe...
Srei Equipments Finance Pvt Ltdpetitioner Vs. the O and P Int. in the ...
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET TA No.83 of 2013 With T No.235 of 2013 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE SREI EQUIPMENTS FINANCE PVT LTD Petitioner Versus THE O & P INT. IN THE VESSELS M.V.KIRAN & M.V.KABIR Respondent BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :28. h June, 2013. For Petitioner : Mr.Mr.Mr.Ms.Ratnanko Banerjee, Advocate Raghunath Ghosh, Advocate Swatarup Banerjee, Advocate Arunrupa Maitra, Advocate The Court : The Plaintiff Company is engaged in the business of Infrastructure Finance. In the usual couRs.of its business, the Defendants approached the said Company for purchase of Vessels MV Kiran and MV Kabir in the year 2011. Accordingly the Plaintiff had provided finance to them in the year 2011 by entering into an Agreement for Loan cum Hypothecation not HL0046622. It is the case of the Plaintiffs that the Defendants, after receiving the loan, purchased the two Vessels. However, after a certain period of time they started to default in making payments of in...
Magma Fincorp Ltd. Vs. Manoj Kumar Beria and ors.
Court: Kolkata
Decided on: Jun-28-2013
AP No.595 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LTD.Versus MAnot KUMAR BERIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :28. h June, 2013. Appearance: Mr.Utpal Bose, Adv.Ms.Hasnuhana Chakraborty, Adv.Mr.S.N. Mitra, Sr.Adv.Mr.Sounak Mitra, Adv.The Court : The petitioner finance company seeks an order against only the fiRs.and the second respondents as co-borrowers and not against the third respondent since a reference pertaining to the third respondent company is pending before the Board for Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act, 1985. The fiRs.and the second respondents do not dispute that they were the co-borroweRs.and along with the respondent no.3, credit facilities from the finance company. jointly obtained The fiRs.and the second respondents are not in a position to dispute that substantial sums remain due upon the termination of the agreement, though they ...
Dankuni Steels Limited Vs. Ajit Kumar Bothra and ors
Court: Kolkata
Decided on: Jun-28-2013
1 ORDER SHEET CC No.49 of 2013 APOT No.147 of 2013 CS No.77 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE DANKUNI STEELS LIMITED Versus AJIT KUMAR BOTHRA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :28. h June, 2013. Appearance: Mr.Ranjan Deb, Sr.Advocate with Mr.Ravi Kapoor, Mr.Dipak Dey Ld. Advocates for the applicant. Mr.Ahin Chowdhury with Mr.D.N. Sharma Ld. Advocates for the respondents. Mr.S.N. Mookherjee, Sr.Advocate with Mr.Pramit Ray And Mr.S.Pandey, ld. Advocates for the respondents. The Court :- This contempt petition came up for hearing before us on May 10, 2013. We gave directions for filing affidavits. and 4 Limited being Suresh filed Kumar Jain The respondent Nos.3 and LMJ affidavits-in-opposition. International From the affidavits it appears the concerned contemners denied the allegation of removal of stocks without following the judgment and order of this Court passed on March 19, 20...
Sreejaya Bhattacharjee Godfrey and anr. Vs. Shreejaya Tea and Industri ...
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET GA 185.OF 201.CS 2.OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREEJAYA BHATTACHARJEE GODFREY & ANR. Versus SHREEJAYA TEA & INDUSTRIES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :28. h June, 2013. Mr.Abhrajit Mitra, Adv.appeaRs.with Mr.J.Chowdhury, Adv., Ms.R.Kajaria, Adv., Ms.S.Sharma, Adv., Mr.S.Mukherjee, Adv., ..for defendants nos.2 and 3/applicants. Mr.R.Mitra, Adv.appeaRs.with Mr.Sarvapriya Mukherjee, Adv., Mr.R.Upadhyay, Adv., ...for plaintiff no.1. The Court : In a suit for framing a scheme for management and affairs of the defendant no.1, an application was filed and a committee of management appointed by order dated March 22, 2013. decision of the Chairman would prevail. In case of deadlock, the The Chairman was also given summary powers to settle the disputes between the siblings through mediation. It will not be out of place to mention that the suit is between the shareholders of the defendant no.1 who are...
Sri Ajoy Kumar Choudhuri Vs. High Court, Calcutta and ors.
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET WP No.252 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.AJOY KUMAR CHOUDHURI Versus HIGH COURT, CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :28. h June, 2013. Appearance: Mr.A.K.Dutta, Advocate Mr.Alok Kumar Ghosh, Advocate Mr.Dilip Kr. Chatterjee, Advocate The Court: Rule 168B of the West Bengal Service Rules is challenged in this writ application. The petitioner is the brother of a deceased employee. Rule 168B is in the following terms :In case a Government employee dies while in service, the cash equivalent of the leave salary that the deceased employee would have got had he gone on earned leave that would have been due and admissible to him but for his death on the date immediately following the date and in any case not exceeding leave salary for 240 days, shall be paid to his family without any reduction on account of pension equivalent of death-cum-retirement gratuity. In addition to the cash equivalent of leave...
R. Piyarilal Import and Export Limited………appellant Vs. Sushil Ku ...
Court: Kolkata
Decided on: Jun-26-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Asim Kumar Mondal A.P.O.No.156 of 2002 C.S.No.453 of 1999 R. Piyarilal Import and Export LimitedAppellant Versus Sushil Kumar BajajRespondent For the appellant: Mr.Samit Talukdar, Ms.H.Chakraborty. For the respondent: Mr.Rudraman Bhattacharya, Mr.S.Roy. Judgment on: June 26, 2013. Subhro Kamal Mukherjee, J.: This is an appeal against judgment and order dated December 13, 2001 passed by the Honble Single Judge of this Court in C.S.no.453 of 1999, inter alia, directing the defendant in the said suit to furnish a bank guarantee of Rs.7,00,000/- (Rupees seven lakh) only, in favour of the learned Registrar, Original Side of this Court, within two weeks after the Winter vacation. The defendant of C.S.No.453 of 1999 as the plaintiff instituted C.S.No.335 of 1998 against the plaintiff in C.S.No.453 of 1999, inter alia, for recovery of Rs.44,61,736....
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