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Kolkata Court June 2013 Judgments

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Jun 19 2013

Birendra Nath Dey Vs. State of West Bengal 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 19.06.2013 WP 95.of 2011 Birendra Nath Dey versus State of West Bengal & ORS.The Court :- My attention has been drawn to an order passed in WP 95.of 2011 which was passed by me on June 4, 2013. It appears that by mistake the date of the order has been recorded as May 4, 2013. Let the mistake be corrected. No other part of the order is hereby altered. This order is passed after treating the matter as on days list as has been pointed out by the office. (Dr. Sambuddha Chakrabarti, J.) ANC. WP No.953 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BIRENDRA NATH DEY Versus STATE OF WEST BENGAL & ORS.Before The Honble JUSTICE I.P.MUKERJ.Date:19. h June, 2013 Appearance: Ms.Vineeta Meharia, Advocate Mr.Souvik Majumdar, Advocate Ms.Tannistha Lahiri, Advocate for the petitioner Ms.C.Mukherjee, Advocate Ms.P.Tibrewal, Advocate for th...


Jun 19 2013

Ram Prasad Bouri 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.920 of 2012 Ram Prasad Bouri 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, 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 charge-sheet and to withdraw and set aside the order of dismissal and to forbear from giving any effect or further effect to that and to reinstate the petitioner in the service with all back wages and for other consequential benefits. The case of the petitioner is that he was appointed on June 27, 1990 at Basantimata Colliery. On June 7, 2006 he found that a list of employees was displayed in the notice board of th...


Jun 19 2013

Mahak Vyapaar Pvt. Ltd. Vs. Registrar of Companies, Ministry of Corpro ...

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.119 of 2013 A.P.O.No.164 of 2013 A.P.O.No.165 of 2013 A.P.O.No.172 of 2013 C.A.No.250 of 2012 MAHAK VYAPAAR PVT.LTD.versus REGISTRAR OF COMPANIES, MINISTRY OF CORPROATE AFFAIRS For the Appellant : Mr.S.B.Mookherjee, Senior Advocate Mr.Aniruddha Mitra, Advocate Mr.A.K.Upadhyay, Advocate For the Respondent : Mr.Bhaskar Prasad Banerjee, Advocate Heard on : June 3 & 4, 2013. Judgment on : June 19, 2013. ASHIM KUMAR BANERJEE, J. FACTS : The appellant filed an application before the learned Single Judge proposing a scheme of amalgamation with Magic Tradelink PVT.LTD.and Moonlite Technochem PVT.LTD.both having registered office at New Delhi. We were told, Delhi High Court already directed meetings to be held to ascertain the wishes of the shareholdeRs.The application before this Court was on beha...


Jun 19 2013

Gojer Brothers Private Ltd. and anr. Vs. the State of West Bengal and ...

Court: Kolkata

Decided on: Jun-19-2013

IN THE HIGH COURT AT CALCAUTTA Civil Appellate Jurisdiction Original Side G.A.NO.3050 OF 201.APO 12.OF 201.C.C.141 OF 201.W.P.1931 OF 200.GOJER BROTHERS PRIVATE LTD.& ANR. VERSUS THE STATE OF WEST BENGAL & ORS.With APO 12.OF 201.W.P.1634 OF 200.GOJER BROTHERS PRIVATE LTD.& ANR. VERSUS THE STATE OF WEST BENGAL & ORS.For the approval of : The Honble Justice Arun Mishra, Chief Justice The Honble Justice Joymalya Bagchi Date of Judgment :19. h June, 2013 Whether the judgment should be sent to the reporters for reporting ?. (Yes/not Whether the reporters be allowed to see the Judgment ?. (Yes/not IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE G.A.NO.3050 OF 201.APO 12.OF 201.C.C.141 OF 201.W.P.1931 OF 200.GOJER BROTHERS PRIVATE LTD.& ANR. VERSUS THE STATE OF WEST BENGAL & ORS.With APO 12.OF 201.W.P.1634 OF 200.GOJER BROTHERS PRIVATE LTD.& ANR. VERSUS THE STATE OF WEST BENGAL & ORS.For the Appellants : Mr.S.B.Mookherjee, Sr.Advocate with Mr.A.Guha Thakurta, Mr.D.B...


Jun 19 2013

The State of West Bengal and ors. Vs. West Bengal State Election Commi ...

Court: Kolkata

Decided on: Jun-19-2013

T.A.82 of 2013 APO No.167 of 2013 W.P.No.315 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side THE STATE OF WEST BENGAL & ORS.Versus WEST BENGAL STATE ELECTION COMMISSION & ANR. BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :19. h June, 2013. For the Appellant : Mr.Mr.Mr.Mr.Bimal Chatterjee, Advocate General Ashok Kumar Banerjee, Govt.pleader Abhratosh Majumdar, Advocate, Paritosh Sinha, Advocate For Respondent No.1 : Mr.L.C.Behani, Sr.Advocate with Ms.Anamika Pandey and Mr.Amrita Pandey, Advocates For Respondent No.2 : Mr.S.S.Sarkar with Mr.Srijan Nayak, Mr.Bhaskar Baisya, Ms.M.G.Upadhyay, Mr.Raja Saha and Ms.Nobonita Karmakar, Advocates THE COURT : It was submitted by Sr.L.C.Behani, learned Senior counsel appearing on behalf of the State Election Commission that requisite forces have not been made available. Apart from that, two communications being Annexures R and S have been written to the State Charge, Gove...


Jun 19 2013

Anupam Dasadhikari Vs. Rabindra Nath Das and ors.

Court: Kolkata

Decided on: Jun-19-2013

ORDER SHEET GA No.1647 of 2013 EOS No.8 of 2012 IN THE HIGH COURT AT CALCUTTA Extraordinary Original Civil Jurisdiction ORIGINAL SIDE ANUPAM DASADHIKARI Versus RABINDRA NATH DAS & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date:19. h June, 2013 Appearance Mr.Kashinath De, Adv.with Mr.Sandip De, Adv.In view of decision reported in (2003) 2 SCC 33.and Section 47 of the Code of Civil Procedure which empowers the Executing Court to determine all questions arising between the parties to the suit in which a decree was passed by execution discharge and satisfaction of the decree, let the registration number of the deed of gift dated 21st April, 1981 recorded in the decree as I-165 be corrected to I-1650 as will appear from the original deed of gift. Undoubtedly, this is an error which has crept into the decree dated 8th June, 1991. That it is a mistake will further appear from the memo dated 24th May, 2013 issued by the office of the Additional District Sub-Registrar, Khejuri, Purba Medinipur. ...


Jun 19 2013

Bijoy Bouri 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.888 of 2012 Bijoy Bouri 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 May 6, 2002 at Basantimata Colliery, Bharat Coking Coal Limited. On September 19, 2005 he found that a list of employees was displayed in t...


Jun 19 2013

The State of West Bengal and anr. Vs. M/S.B.B.J. Construction Co. Ltd.

Court: Kolkata

Decided on: Jun-19-2013

ORDER SHEET APO NO.109 OF 201.AP NO.244 OF 200.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE STATE OF WEST BENGAL & ANR. Versus M/S.B.B.J.CONSTRUCTION Co.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :19. h June, 2013. Mr.Arindam Sinha, Advocate for the appellant. Mr.Moloy Kumar Ghosh, Advocate Mr.Aniruddha Mitra, Advocate Mr.Abhijit Nayak, Advocate for the respondent. The Court : The learned Judge dismissed the application for setting aside on the ground of limitation. Hence, this appeal by the State. Mr.Moloy Kumar Ghosh, learned Counsel appearing for the respondent would rely upon a decision of the Apex Court in the case of State of Arunachal Pradesh versus M/s.Damani Construction Co., reported in AIR 200.SC (Supp) 978 to support the judgment and order of His Lordship to contend, the Court did not have power to admit the application for setting aside beyond the stipulated period as provided unde...


Jun 19 2013

Ashok Hari 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.919 of 2012 Ashok Hari Versus Coal India Limited & ORS.For the petitioner : Mr.Subrata Ganguly, Advocate For the respondents : Mr.Kalimuddin Mondal, Advocate Heard on :17. 10.2012, 04.12.2012, 11.12.2012, 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 inter alia is that he was appointed on February 20, 1999 at Basantimata Colliery. On October 23, 2002 he found a list of employees was displayed in the notice board of the respondent No.2 company, Chan...


Jun 19 2013

Appellant Vs. Respondent

Court: Kolkata

Decided on: Jun-19-2013

ORDER SHEET CP No.305 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : EIRA DEVELOPERS PRIVATE LIMITED And MInot F.MEHTA BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :19. h June, 2013. Appearance: Mr.R.Mitra, Adv.Mr.C.Gupta, Adv.Mr.D.Saha, Adv.for the petitioner Mr.T.K. Sinha, Adv..for the company The Court : This winding up petition is filed for non-payment of the loan along with an accrued interest thereupon which the company received from the petitioning creditor. The confirmation of an account annexed to the winding up petition reflects the loan of Rs.2 crores and the company also paid an interest of Rs.36 lakhs for the assessment year 2011-12. The company on every financial year has forwarded the confirmation of an account and, therefore, admitted the liability to pay the said sum of Rs.2 crores along with an accrued interest thereupon to the petitioning creditor. In view of the admission on the part of the company, there is no plausible defence to ...


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