Kolkata Court August 2013 Judgments
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Dr. Murari Mohan Koley Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET GA No.2426 of 2013 WP No.13 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DR. MURARI MOHAN KOLEY Versus UNION OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :21. t August, 2013. Appearance: Mr.Sukumar Bhattacharya, Advocate Mr.Dipendra Nath Chunder, Advocate for the petitioner Mr.Prithu Dudhoria, Advocate for the respondents The Court: This is an interim application pending the writ. All the assets of the writ petitioner, including his bank accounts are under attachment by the income tax authorities for realisation of his outstanding tax, penalty and interest etc.with them. On 10th January, 2013 the writ petitioner, at the time of admission of this writ application, obtained an interim order, inter alia, to the effect that out of his take-home pay of Rs.40,000/- per month, he would deposit a sum of Rs.10,000/- per month with the income tax department. That interim order is still continuing. Directions for filing affidavit...
Cma Cgm Agencies (India) Pvt. Ltd. and anr. Vs. Union of India and ors ...
Court: Kolkata
Decided on: Aug-21-2013
WP No.636 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE In the matter of: CMA CGM Agencies (India) PVT.LTD.& Anr. Versus Union of India & ORS.Before: The Hon'ble Justice Harish Tandon Date:21. t August 2013 Appearance: Prithviraj Sinha, Advocate Ms.Debamitra Adhikari, Advocate for the petitioner MRS.Manju Bhuteria, Advocate for the custodian Mr.R.Bharadwaj, Advocate for the custom authorities The Court: The grievance of the writ petitioners is for release and return of six containers kept in the Container Freight Station (CFS) with the custodian. The respondent-authorities appeared at the time of moving the writ petition and submitted that unless the custodian makes an application the containers cannot be released. This Court directed the petitioner to serve notice on the custodian. MRS.Bhuteria, learned Advocate appears for the custodian says that an application was made before the customs authorities in respect of five containers appearing in se...
Hem Prakash Surana Vs. Abhay Singh Surana and ors.
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET GA No.2474 of 2013 CS No.48 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HEM PRAKASH SURANA Versus ABHAY SINGH SURANA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :21. t August, 2013. Mr.Mainak Bose, Adv.Mr.Sarbapriya Mukherjee, Adv.Mr.Dibendu Chatterjee, Adv.for the applicant/respondent No.2 Mr.Samit Talukdar, Sr.Adv.Mr.Suman Dutta, Adv.Mr.Pradeep Sancheti, Adv.Ms.Ankita Mukherjee, Adv.for respondent No.1 Mr.S.N.Mookerjee, Sr.Adv.Mr.J.Ganguly, Adv.Mr.S.Mitra, Adv.for respondent No.3 The Court : By this application one of the trustees namely the wife of the respondent No.1 seeks copies of documents, books of accounts and minutes of the meetings mentioned in prayer (a) of the Notice of Motion. By letters dated 4th February, 2013 and 12th March, 2013 the respondent No.1 had informed the respondent No.2 who is the applicant herein that there was never any disagreement between them in running the said trust. He was also ready and w...
Dulal Kanti Chowdhury Vs. Standard Bank Ltd. and ors.
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction GA No.919 of 2013 GA No.999 of 2013 GA No.1055 of 2013 CS No.241 of 2011 DULAL KANTI CHOWDHURY Versus STANDARD BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :21. t August, 2013. Mr.V.N. Dwivedi, Ms.Jayanti Char for the plaintiff. Mr.Rajarshi Datta, Mr.M.K. Seal for defendant no.2. Mr.Soumabho Ghose for defendant no.1. The Court : Counsel for the defendant no.1 seeks leave to retire as no instruction has been received by it from the defendant no.1. Accordingly, such leave is granted to the advocates of the defendant no.1. In a suit filed under Order 37 of the Code of Civil Procedure G.A.999 of 2013 has been filed by the defendant no.1 for leave to defend and G.A.1055 of 2013 has been filed by the defendant no.2. The defendant no.2 was the advising bank and it was specifically stated in the Letter of Credit that there would be no engagement on the part of the advising bank in the issuance of the sai...
Vs. M/S. Karmachand Thaper and ors.Respo
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET G.A.No.2217 of 2013 C.E.X.A.No.19 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE COMMISSIONER OF SERVICE TAX, KOLKATA Versus M/S.KARMACHAND THAPER & ORS.Appellant Respondents BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE ASIM KUMAR RAY Date :21. t August, 2013. For Appellant : Mr.K.K.Maiti, Adv.For Respondents : Mr.N.K.Poddar, Sr.Adv.with Mr.Ashok Gupta, Mr.Vineet Tibrewal & Mr.Amit Agarwal, Adversus This appeal sought to be preferred by the Revenue is against an order not A-84/Kol/2013 dated 2nd April, 2013 passed by the learned CustoMs.Excise & Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Service Tax Appeal No.30/07 [M/S.Karamchand Thaper & Bros. (Coal Sales) versus Commissioner of Service Tax, Kolkata].It appears that both the Revenue and the assessee are aggrieved by the order dated 2nd April, 2013 of the learned Tribunal impugned. Mr.Poddar, learned Senior Counsel for the respondents, submits that the asse...
Smt. Bimli Majhian Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET WP No.196 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. BIMLI MAJHIAN Versus COAL INDIA LTD.AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :21. t August, 2013. Appearance: Mr.Partha Ghosh, Advocate for the petitioner Mr.Aloke Banerjee, Advocate Mr.Susuanta Pal, Advocate Mr.N.K.Roy, Advocate for the respondents The Court: This is a writ filed by the widow of a deceased colliery worker. He died on 6th February, 1998. I find from annexure R1, page 14 of the affidavit of opposition that, the widow made an application on 12th April, 1998 for compassionate appointment. According to Mr.Banerjee, this application for compassionate appointment could not be processed because no details or documents were furnished with it. Now, the case which the writ petitioner wants to advance is that in lieu of compassionate appointment, she would be satisfied with compensation. According to the relevant conditions of the National Coal Wage Agreement...
Jagmohan Kothari Vs. Smt. Jamuna Devi Kothari and Others
Court: Kolkata
Decided on: Aug-21-2013
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 August 21,2013 GA 226.of 2013 APO 74.of 1992 Suit No.1224 of 1950 Jagmohan Kothari versus Smt. Jamuna Devi Kothari and others Mr.Arindam Mukherjee Mr.Chayan Gupta For the applicant Ms.Anuradha Poddar For the respondent no.7 Mr.Pranav Sharma . For the substituted plaintiff The Court :- This is an application for substitution and for addition of a party by Koti Ratan Developers Private Limited. The suit was decreed in preliminary form declaring one-fourth share of the plaintiff/appellant in premises Nos.201A, Mahatma Gandhi Road, Kolkata-700 007, 201B, Mahatma Gandhi Road, Kolkata-700 007, P-31A, Kalakar Street, Kolkata-700 007 and 32, Jamunalal Bajaj Street, Kolkata-700 007. The appellant was the plaintiff in the suit. We are informed that consequent upon the death of the appellant his heirs and legal representatives have...
Anil Kumar Vs. L and T Finance Ltd. and anr.
Court: Kolkata
Decided on: Aug-21-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.181 of 2013 ANIL KUMAR Versus L & T FINANCE LTD.& ANR. And AP No.247 of 2013 L & T FINANCE LTD.& ANR. VERSUS ANIL KUMAR & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :21. t August, 2013. Appearance: Mr.J.Chowdhury, Adv.Mr.P.Sinha, Adv.Mr.Arif Ali, Adv.Mr.Gaurav Sinha, Adv.The Court : AP No.181 of 2013 is the hirers petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an award. AP No.247 of 2013 is the financiers application under Section 9 of the Act. The hirer and the financier have agreed that both petitions be disposed of on the following terMs.(1) The financier will not insist on the notice of termination being enforced, subject to the following payments being made: (i) The instalment due for the month of August, 2013 in terms of the agreement to be paid immediately. (ii) The instalment due for the month of September, 2013 in terms of the agreement to be pa...
Roma Bhagat Vs. Nopany and Sons Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.2461 of 2013 APOT No.393 of 2013 CS No.3 of 2009 ROMA BHAGAT Versus NOPANY AND SONS PVT.LTD.AND ANR. BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :21. t August, 2013. For Appellant : For Respondents : MRS.Sutapa Sanyal. Mr.Ranjan Deb. Mr.Ashis Chakraborty. The Court : Although the matter is appearing under the heading new application., by consent of Ms.Sanyal, learned advocate for the appellant and Mr.Deb, learned senior advocate for the respondents, we take up hearing of the appeal treating the same as on days list. All formalities are dispensed with. A suit for recovery of possession was instituted against Gopal Krishna Bhagat, since deceased. During the pendency of the said suit, Gopal Krishna Bhagat died intestate on March 14, 2013, leaving behind him his widow and three sons. The plaintiff applied for substitution of the widow instead and in p...
Rahee Industries Ltd. Vs. Union of India
Court: Kolkata
Decided on: Aug-21-2013
ORDER SHEET CS No.77 of 2002 GA No.1909 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAHEE INDUSTRIES LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :21. t August, 2013. Appearance: Mr.Reetobroto Mitra, Adv.Mr.R.L.Mitra, Adv.Mr.R.L.Chatterjee, Adv.Ms.Tanushri Chandra, Adv.The Court: This matter has come for the purpose of referring the parties to arbitration in terms of the submissions made by the parties on the earlier occasion. The plaintiff has taken out an application being GA No.1909 of 2013 for amendment of the plaint. At this stage the learned Counsel appearing on behalf of the plaintiff submits that the subject matter of the suit is covered by the Arbitration Clause and accordingly the entire dispute may be referred to arbitration. Mr.Samrat Sen, learned Counsel appearing on behalf of the plaintiff, on the earlier occasion referred to Clause 61 of the General Conditions of Contract and in referring to the said C...
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