Kolkata Court June 2013 Judgments
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M/S. Abc India Ltd. and anr. Vs. Kolkata Port Trust and ors.
Court: Kolkata
Decided on: Jun-21-2013
WP No.404 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction M/S.ABC INDIA LTD.& ANR. Versus KOLKATA PORT TRUST & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :21. t June, 2013. Appearance: Mr.Sakya Sen, Adv.Mr.Aniruddha Mitra, Adv.Mr.Gautam Kr. Goon, Adv.Mr.Kishore Dutta, Adv.Mr.Somnath Bose, Adv.The Court : The petitioners claim arbitrary action on the part of the port in the port refusing to entertain, on merits, the petitioners claim for refund on account of shore handling charges and demurrage that had been charged in couRs.of the petitioners transporting over-dimensional cargo through the Kolkata Port. It is the admitted position that upon bills being raised by the port on the petitioners between February and August, 2011, the petitioners paid the bills without any demur or protest and without reserving any right to subsequently seek a refund thereof. The petitioners say that the petitioners were constrained to give in to the exorbitant demand of the p...
M/S.J.K. Cables Ltd. Vs. Union of India
Court: Kolkata
Decided on: Jun-21-2013
ORDER SHEET APO NO.171 OF 201.AP NO.922 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.J.K.CABLES LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :21. t June, 2013. Mr.D.Basak, Advocate Mr.Abhijit Chowdhury, Advocate Mr.Pratyush Chatterjee, Advocate for the appellant. Mr.Partha Sarathi Bose, Advocate Mrs.Aparna Banerjee, Advocate for the respondent. The Court : We have gone through the judgment and order impugned. With great difficulty we could not find any scope of grievance, the appellant would have, before us. The appellant would strenuously contend, they already performed their job entrusted to them by the railway. They got all payments. There is nothing due and payable by the railway to them. The railway initially issued a letter dated October 14, 2011 followed by subsequent letter dated November 21, 2011, inter alia, contending, in view of the breach committed by the...
Srei Equipment Finance Pvt. Ltd. Vs. M/S. Siddharth Engineering and
Court: Kolkata
Decided on: Jun-21-2013
A.P.No.607 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus M/S.SIDDHARTH ENGINEERING AND SHIPBUILDING Co.PVT.LTD.Appearance Mr.Satarup Banerjee, Advocate Mr.Tarun Aich, Advocate BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :21. t June, 2013. The Court : A supplementary affidavit has been filed on behalf of the petitioner indicating the circumstances in which the agreement came to be executed by the parties. Prima facie, it appears that the liability of one Sudesh Shipping Company Private Limited was transferred to Siddharth Engineering and Shipbuilding Company Private Limited, the respondent herein, as the directors of Sudesh and Siddharth appear to be common. What may have happened is that the liability of Sudesh was transferred to Siddharth upon the asset which was the subject-matter of an agreement between the petitioner and Sudesh being transferred to Siddharth to be held under the petitioner in term...
Siyaram Harijan Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Jun-19-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.890 of 2012 Siyaram Harijan Versus Coal India Limited & ORS.For the petitioner : Mr.Subrata Ganguly, Advocate For the respondents : Mr.Aloke Banerjee, Advocate Mr.Nikhil Roy, Advocate Heard on :17. 10.2012, 04.12.2012, 11.12.2012, 22.01.2013, 29.01.2013, 14.03.2013 and 19.03.2013 Judgement on :19. 06.2013 The Court : By this writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to set aside the impugned charge-sheet and the order of dismissal, and to forbear from giving any effect or further effect to that and to reinstate the petition in the service with all back wages and for other consequential benefits. The case of the petitioner is that he was appointed on April 11, 1990 at Basantimata Colliery, Bharat Coking Coal Limited. On July 24, 2007 he found that a list of employees was displayed in...
Gourinandan Real Estate Pvt. Ltd. Vs. Arc Holdings Ltd. and ors.
Court: Kolkata
Decided on: Jun-19-2013
ORDER SHEET ACO No.106 OF 201.ACO No.107 OF 201.APOT No.270 OF 201.CP No.519 OF 198.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GOURINANDAN REAL ESTATE PVT.LTD.Versus ARC HOLDINGS LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :19. h June, 2013. Mr.Jayanta Mitra, Senior Advocate Mr.Sanjib Banerjee, Advocate Mr.Soumya Chakraborty, Advocate Mr.Atanu Roychoudhuri, Advocate for the appellant. Mr.Ratnanko Banerji, Advocate Mr.D.N.Sharma, Advocate Mrs.Manju Bhuteria, Advocate Mr.Shounak Mitra, Advocate for the respondent nos.1 and 2. Mr.Nilay Sengupta, Advocate for the respondent no.10. Mrs.Ruma Sikhdar, Advocate Mr.Gautam Kumar Ray, Advocate for the official liquidator. Mr.Ashis Kumar Mukherjee, Advocate for the respondent no.11. The Court : Causes shown being sufficient, delay is condoned. The appeal is taken on record. Although the subject-matter of both the appeals would have difference since the ...
Calcutta Gujrati Education Society Limited and anr. Vs. Budge Budge Co ...
Court: Kolkata
Decided on: Jun-19-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.1698 of 2013 APOT No.273 of 2013 GA No.3318 of 2012 CS No.317 of 2003 CALCUTTA GUJRATI EDUCATION SOCIETY LIMITED & ANR. Versus BUDGE BUDGE Co.LTD.BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :19. h June, 2013. For Appellant : MRS.Noelle Banerjee. Mr.Dipak Dey. For Defendant : Mr.Sabyasachi Choudhury. The Court : This is a landlords appeal against the judgment and order dated May 10, 2013 passed by the Honble Single Judge disposing of an application filed under GA No.3318 of 2012. The appeal is treated as on days list. All formalities are dispensed with. A suit for eviction was instituted against the defendant/respondent. The defendant/respondent is a tenant at the nineth floor of the building. They applied for permission to repair roof. There was an order passed by this Court directing inspection by the engineers of the Kolkata Municipal Corporatio...
Santosh Rajwar Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Jun-19-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.889 of 2012 Santosh Rajwar Versus Coal India Limited & ORS.For the petitioner : Mr.Subrata Ganguly, Advocate For the respondents : Mr.Kalimuddin Mondal, Advocate Heard on :17. 12.2012, 04.12.2012, 11.12.2012, 22.01.2013, 29.01.2013, 14.03.2013 and 19.03.2013 Judgement on :19. 06.2013 The Court : By the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to withdraw, revoke and set aside the order of dismissal from the service of the respondent No.2 company and to restrain them from taking any step in respect of the continuity of service of the company and for other reliefs. The case of the petitioner inter alia is that the petitioner was appointed in the year 1990 at Basantimata Colliery under the Coal India Limited. On January 2, 2006 he found a list of employees displayed in the not...
Chandra Das and ors. Vs. Kamal Mitra
Court: Kolkata
Decided on: Jun-19-2013
GA No.1717 of 2013 CS No.90 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CHANDRA DAS & ORS.-VersusKAMAL MITRA Appearance: Mr.Samit Talukdar, Sr.Adv...for the plaintiff. Mr.Soumava Ghose, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : June 19, 2013. The Court : This is an application for stay of all further proceedings of partition suit being C.S.No.90 of 2008 and all interlocutory applications arising therefrom. occasion when the probate application was On the earlier heard along with a partition suit, similar prayer was made orally on behalf of the propounder on the proceedings would ground have an that effect a decision in the in partition the probate suit. The probate proceeding is contested by the grand-daughter of Adhar Kumar Mitra in respect of the bequeath made by Gourlal Mitra, son of Adhar in favour of his son Kamal. The partition suit relates to the entirety of the property left behind by Adhar which also inc...
Sri Adrishnath Bhattacharya and ors. Vs. West Bengal Industrial Develo ...
Court: Kolkata
Decided on: Jun-19-2013
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.435 of 2012 A.S.F.C.No.3 of 2005 Sr.Adrishnath Bhattacharya & ORS.versus West Bengal Industrial Development Corp. Ltd & ORS.For the Appellant : Mr.Samit Talukdar, Senior Advocate Mr.Suman Dutta, Advocate Mr.Atish Ghosh, Advocate For the Respondent : Mr.Rudra Sankar Dey, Advocate Heard on : April 12, May 13, June 5 &6, 2013 Judgment on : June 19, 2013 ASHIM KUMAR BANERJEE, J. Nickon Electronic Devices Private Limited obtained financial assistance from West Bengal Industrial Development Corporation to the extent of Rs.55 lakhs that they failed to repay. The appellants and or their predecessors were in the helm of the affairs of the company. They also guaranteed the loan. The Corporation issued a notice under Section 31(1)(aa) read with Section 30 of the State financial Corporation Act 1951 (...
Shyamal Kumar Sen Vs. Mrs. Debjani Sen and anr.
Court: Kolkata
Decided on: Jun-19-2013
GA No.2795 of 2011 with PLA No.83 of 2005 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION In the goods of: Paramesh Chandra Sen (Deceased) And In the matter of: Shyamal Kumar Sen Versus MRS.Debjani Sen & Anr. Before: The Hon'ble Justice Harish Tandon Date:19. h June 2013 Appearance: Mr.Rajarshi Dutta, Advocate for the petitioner Mr.Suman Dutt, Advocate for defendant No.1 Mr.Amitesh Banerjee, Advocate Mr.Arindam Mukherjee, Advocate Mr.B.Boral, Advocate for Sanjukta Mukherjee The Court: This application is taken out by the propounder of the Will for appointment of a handwriting expert for comparison of the signatures of Partha Mukhopadhyay (since deceased).one of the objector in this probate proceeding with the signatures appearing in the Probate Case No.391 of 1986 filed before the District Delegate, Alipore. On 19th January 2012 the record relating to the said probate application was called for, which has been brought before this Court. On perusal of the records per...
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