Kolkata Court July 2013 Judgments
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MartIn Burn Ltd. Vs. Nirmaljit Singh Hoon.
Court: Kolkata
Decided on: Jul-16-2013
ORDER SHEET SHEET NO.1 CA No.338 of 2013 CP No.90 of 1983 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF:ANGELO BROS LTD.(IN LIQUIDATION) & ORS.AND IN THE MATTER OF:MARTIN BURN LTD.Versus NIRMALJIT SINGH HOON. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :16. h July, 2013. Appearance:Mr.Aniruddha Roy, Advocate, Mr.R.L.Mitra, Advocate, Mr.Nirmalya Dasguspta, Advocate with Ms.Priyanka Dhar, Advocate for Martin Burn LTD.Mr.N.S.Hoon appears in person. Mr.S.C.Prasad, Advocate..for the Official Liquidator. The Court:-Today Judges Summons has been taken out with prayer for recalling the order of this Court passed on 10th June, 2013 and to discharge flat No.22, 1, Alexendra Court from the purview of this proceeding. It appears that symbolic possession of flat no.22 of Alexendra Court has been taken by an Officer of the Official Liquidator in pursuance of the order of the Special Officer. Appearing for the applicant, Martin Burn Ltd., it has been contended that the flat...
Singma Power Product Pvt. Ltd. Vs. Commissioner of Customs and ors.
Court: Kolkata
Decided on: Jul-16-2013
WP No.628 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Singma Power Product PVT.LTD.Versus Commissioner of Customs & ORS.Before: The Hon'ble Justice Harish Tandon Date:16. h July 2013 Appearance: Mr.Sudhir Mehta, Advocate for the petitioner Mr.R.N. Das, Sr.Advocate Mr.K.K. Maiti, Advocate for respondent Nos.1, 2 & 3 The Court: This writ petition has originated from the inaction on the part of the authorities in not taking decision relating to the provisional release of the goods imported under the Bill of Entry Nos.2271440 dated 29th May 2013 and 2279049 dated 30th May 2013. According to the petitioner, the customs authorities have raised a dispute relating to the valuation declared and seized the goods without providing any seizure memo. The petitioner says that under Section 110A of the Customs Act the Commissioner of Customs is empowered to make provisional release in favour of the owner of any goods, documents or things seized under Section 1...
Lila Chatterjee and ors Vs. Mrityunjoy Chatterjee
Court: Kolkata
Decided on: Jul-16-2013
GA 195.OF 201.CS 5.OF 197.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction LILA CHATTERJEE & ORS Versus MRITYUNJOY CHATTERJEE BEFORE: The Hon'ble JUSTICE PATHERYA Date :16. h July, 2013. Appearance : Mr.S.N. Ganguly, Advocate for Northland Construction Mr.Sakya Sen, Advocate for the Petitioners Mr.Asok Kumar Ghosh, Advocate for Commissioner of Partition Mr.Rupak Ghosh, Advocate for G.R.Construction The Court : In a partition and administration suit an application has been filed by the plaintiffs for confirming the sale in respect of premises No.15, Bachaspati Para Road, Dakshineswar, District 24-Parganas (North) in favour of G.R.Constructions of No.22, D.D.Mondal Ghat Road, Dakshineswar, Kolkata 76. At the hearing of this application one Northland Construction of No.2, South Nowdapara Ariadah, Kolkata ...
Niranjan Kumar Sinha and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE GA No.1654 of 2013 With WP No.799 of 2011 NIRANJAN KUMAR SINHA & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :11. h July, 2013. Appearance: Mr.Chinmoy Pal, Adv.Ms.Anee Roy, Adv.Mr.Anirban Sen, Adv. for the Petitioners Mr.Amitava Mitra, Adv. for the State This Court: The petitioners filed the instant writ petition seeking issuance of a writ in the nature of mandamus directing the municipal authority to forthwith mutate the names of the petitioners in the municipal records. Though in the original writ petition the petitioners stated that they submitted an application for mutation of their names in the municipal records, but the receipt, granted by the municipal authority acknowledging the receipt of the said application from the petitioneRs.was not annexed to the writ petition. As such, the petitioners filed the instant amendment application for maki...
Manicklal Chowdhury and ors. Vs. Markandeya Chowdhury and anr.
Court: Kolkata
Decided on: Jul-11-2013
1 ORDER SHEET G.A.No.1894 of 2013 G.A.No.1893 of 2013 APD No.16 of 2006 Suit No.211 of 1973 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MANICKLAL CHOWDHURY & ORS.Versus MARKANDEYA CHOWDHURY & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :11. h July, 2013. Appearance: Mr.Santanu Mukherjee, Mr.Rabindra Nath Dutta Ld. Advocate for the applicant. Mr.Someswar Chakraborty, ld. Advocate For the respondent. The Court :- The appellants filed a suit, inter-alia, praying for a declaration with regard to the ownership of the suit property. The learned Single Judge vide judgment and order dated March 10, 2005 appearing at pages 172-175 of the petition, dismissed the same finding it meritless. Being aggrieved, the applicants filed an appeal. The Division Bench presided over by one of us (Banerjee,J.heard the appeal and dismissed the same vide judgment and order dated February 27, 2008 appearing at pages 177-180 of the petition...
L and T Finance Ltd. Vs. Saradha Construction Co. Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Jul-11-2013
AP No.643 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus SARADHA CONSTRUCTION Co.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h July, 2013. Appearance: Mr.Samrat Sen, Adv.The Court : The respondents are not represented despite deemed service. The petitioner claims that a sum in excess of Rs.1.31 crore is due upon the termination of the agreement, including an amount in excess of Rs.13.82 lakh on account of defaulted instalments. The petitioner claims that the loan was obtained by the respondents for the purpose of acquiring 20 Mahindra Scorpio cars and 12 Maruti Omni vehicles. The petitioner says that in view of the irregularity in the functioning of the respondents and their associate concerns and the steps taken by the police and other authorities against those in control of such companies, the assets are in jeopardy and a Receiver should be appointed to take possession of the 32 cars covered b...
Akhilesh Kumar Pandeypetitioner Vs. the State of West Bengal and Other ...
Court: Kolkata
Decided on: Jul-11-2013
ORDER SHEET W.P.No.492 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AKHILESH KUMAR PANDEY Versus THE STATE OF WEST BENGAL AND OTHERS Petitioner Respondent BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date :11. h July, 2013. For Petitioner : Md.S.S.Arefin with Ms.Farida Khatun, Adversus For State Respondents : Mr.Amitesh Banerjee, Adv.This writ petition is directed against an order passed by the Secretary to the Government of West Bengal, School Education Department, under Memo. No.19-SSE/12/SL/SS-1101/09 dated January 16, 2012. By virtue of the impugned order, the authority rejected the claim of the petitioner for extending the benefit of two additional increments in his favour in connection with his service as an Assistant Teacher in Hindi of Rani Rashmoni High School, Kolkata. After hearing the learned Advocates appearing on behalf of the respective parties and after considering the facts and circumstances of this case, I find that the claim ...
Daud HossaIn and anr. Vs. Pataka Industries Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Jul-11-2013
ORDER SHEET GA No.1987 of 2013 CS No.224 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DAUD HOSSAIN & ANR. Versus PATAKA INDUSTRIES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :11. h July, 2013. Mr.Ratnanko Banerjee, Mr.Dhruba Ghosh, Mr.Sabyasachi Chowdhury, Mr.Anirban Roy, Mr.Arvind Jhunjhunwala, Ms.A.Bansal, Ms.Nikita Jhunjhunwala for the petitioneRs.Mr.Pratap Chatterjee, Sr.Adv., Mr.K.Thakkar, Mr.Varun Kedia for respondent ns.3 and 4. Mr.Jayanta Kr. Mitra, Sr.Adv., Mr.Rajiv Lall, Mr.R.R. Sen for respondent no.7. Mr.Jaydip Kar, Mr.Siddhartha Ghosh for respondent nos.5 and 6. Mr.S.N. Mookherji, Sr.Adv., Mr.Saunak Mitra for respondent no.1. Mr.Sudipto Sarkar, Sr.Adv., Mr.D.Basak, Mr.R.Ginodia for respondent no.2. The Court : In a suit for a decree for declaration that the petitioner nos.1 and 2 are entitled to equal shareholding in the respondent nos.1 and 2 with respondent nos.3, 5 and 6 this application has been filed for interim reliefs. The ...
M/S. Onkar Parivahan Finance Ltd. and anr Vs. the State of West Bengal ...
Court: Kolkata
Decided on: Jul-11-2013
WP No.1136 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ONKAR PARIVAHAN FINANCE LTD.& ANR Versus THE STATE OF WEST BENGAL & ORS BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :11. h July, 2013. Appearance: Mr.Suman Dutta, Adv.Mr.Debmalya Ghosal, Adv.Mr.D.N. Roy Chowdhury, Adv.Mr.Sanjoy Bose, Adv.Mr.Billwadal Bhattacharya, Adv.The Court : Let the matter appear in the monthly list of August, 2013 for a report to be filed by a Deputy Director General of the Fire and Emergency Services Authority. Since the occupiers who have been added as respondents complain that the landlord has caused mobile towers to be installed on the terrace without due permission therefor and since a direction of May 14, 2013 remains outstanding and the petitioners have not filed an affidavit in pursuance of such direction, the petitioners should file an affidavit appending copies of relevant documents to demonstrate that the petitioners have obtained due permission for...
Shyam Sundar Chatterjee and anr. Vs. Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Jul-11-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WP No.305 of 2013 SHYAM SUNDAR CHATTERJEE & ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :11. h July, 2013. Appearance: Mr.P.K.Raha, Mr.S.C.Chatterjee, Mr.A.K.Lala, Mr.S.Middya, Mr.T.K.Dey, Mr.A.N. Banerjee, Ms.Amrita Punja, Ms.S.Muzumdar, Mr.N.C.Bihani, Adv.Adv.Adv.Adv.Adv.Adv.Adv.Adv.Adv.This Court: On a complaint made by the petitioners the municipal authority initiated a proceeding under Sections 411(1) and 411(4) of the Kolkata Municipal Corporation Act, 1980 for demolition of the petitioners building being premises No.109-B, Keshab Chandra Sen Street, Ward No.38, Boro-4, Kolkata. The said premises is occupied by several occupiers including the petitioners as owners thereon. The petitioners claim that the said premises is a dilapidate one and it requires demolition immediately to avoid any accident. This Court is informed that previous...
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