Kolkata Court August 2013 Judgments
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Bijoy Chandra Konar and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-13-2013
ORDER SHEET WP No.722 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BIJOY CHANDRA KONAR & ORS.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h August, 2013. Appearance: Mr.Susanta Pal, Advocate Mr.S.Roy Chowdhury, Advocate for the petitioner The Court: None appears for the respondents, even at the second call. No accommodation is sought. No affidavit in opposition is on record, either. The twenty-eight writ petitioners were casual drivers with the Calcutta Tramways Co.(1978) LTD.They wanted equal pay as enjoyed by the permanent driveRs.together with other benefits. They alongwith others filed a writ application in this Court (WP No.19364 (W) of 2001 Sr.Sasanka Narayan Chakraborty & ORS.vsState of West Bengal & Ors.) which was disposed of by Jayanta Kumar Biswas, J., on 19th November, 2004. This writ application was preferred by a large number of these casual driveRs.The respondent company preferred an appeal...
Srei Equipment Finance Pvt. Ltd. Vs. the O and P Interested in Vessels ...
Court: Kolkata
Decided on: Aug-13-2013
GA No.1519 of 2013 AS No.4 of 2013 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION Srei Equipment Finance PVT.LTD.Versus The O & P Interested in Vessels M.V.Kamal XXIV Before: The Hon'ble Justice Harish Tandon Date:13. h August 2013 Appearance: Mr.Ratnanko Banerjee, Advocate Mr.Satarup Banerjee, Advocate The Court: None appears on behalf of the defendants at the time of call. By an order dated 28th June 2013, the defendant were restrained from dealing with or removing the vessel namely, M.V.Kamal from the Port of Mumbai and from the territorial waters of India for a period of three weeks from that date. The service was effected on the Marshal of the vessels on 9th July 2013. Apart from the prayer for extension of the order of injunction, the company further prays for an order for sale of the vessels. According to the plaintiff two other vessels belonging to the Company are already put on sale by the Bombay High Court in three different Admiralty Suits. It is brought to the notice...
integrated Syndication Services Limited Vs. Shri Hanuman Foundary Engi ...
Court: Kolkata
Decided on: Aug-13-2013
ORDER SHEET CS No.218 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INTEGRATED SYNDICATION SERVICES LIMITED Versus SHRI HANUMAN FOUNDARY ENGINEERING & Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :13. h August, 2013. Appearance: Mr.Dhruba Ghosh, Adv.The Court: The affidavit of service filed today in Court shows that all the defendants have been duly served with the notices in terms of the order dated 9th July, 2013. However, Mr.Shrinik Singhvi has refused to accept notice on behalf of defendant no.4. Mr.Dhruba Ghosh, learned Counsel appearing on behalf plaintiff, submits that main contesting defendant is the defendant no.1. It appears from record that M/S.Dube & Co.entered appearance on behalf of the defendant no.1 and written statement has been filed by the defendant no.1 through M/S.Dube & Co.acting as an Advocate on Record for defendant no.1. The letter of M/S.Dube & Co.addressed to the Advocate on Record of the plaintiff shows ...
Mr. S.N. Kutta, Ad Vs. …for the Beneficiaries
Court: Kolkata
Decided on: Aug-13-2013
ORDER SHEET GA No.2216 of 2013 PLA No.255 of 2010 GA No.1863 of 2013 GA No.2198 of 2013 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF: SMT. SWAPNA CHAKRABORTY, DECEASED BEFORE: The Hon'ble JUSTICE PATHERYA Date :13. h August, 2013. Mr.Pradip Dutta, Sr.Adv.Mr.Siraj Gooptu, Adv.Ms.Alotriya Mukherjee, Adv.Mr.Rakesh Barman, Adv.for the executor Mr.Dhrubo Ghosh, Mr.Aniruddha Mitra, Mr.S.N.Kutta, Adversus for the beneficiaries The Court : The keys of the flat on the fiRs.floor of 1/1, Shevak Baidya Road, Kolkata-700019 has been deposited in Court by Aditya Narayan Chakraborty. Let the keys handed to Court be kept with the Registrar, Original Side. It has been submitted on behalf of Aditya Narayan Chakraborty that previously the partnership firm carried on its business from the said flat but all the articles of the partnership firm have been removed therefrom. As the flat belongs to the estate of the testatrix, the same be sold. Let such s...
Sushila Devi Agarwal Vs. Union of India and ors
Court: Kolkata
Decided on: Aug-13-2013
ORDER SHEET WP No.203 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUSHILA DEVI AGARWAL Versus UNION OF INDIA & ORS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h August, 2013. Appearance: Mr.B.P.Biswas, Advocate Mr.A.L.Acharya, Advocate Mr.P.Dudheria, Advocate for the petitioner Mr.Rupen Mitra, Sr.Advocate Mr.Sumitro Das, Advocate for the respondents The Court: After hearing the learned Counsel for the parties for a long time, it seems that the Income Tax Department no longer has any claim against the writ petitioner. Yes, at one point of time, they had a claim of Rs.5,56,536/- including interest upto 22nd February, 2008. This is found from departmental instructions handed upto me by Mr.Mitra, learned Senior Advocate for the department. But it appears that the writ petitioner was successful in prosecuting departmental appeals against the assessment made against her, upto the stage of the Income Tax Appellate Tribunal. Hence not there appears...
Chugoku Marine Paints (S) Pte. Ltd. Vs. the Owners and Parties Interes ...
Court: Kolkata
Decided on: Aug-13-2013
G.A. 2371 of 2013 WITH A.S. 7 of 2013 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE CHUGOKU MARINE PAINTS (S) PTE. LTD. VERSUS THE OWNERS & PARTIES INTERESTED IN THE VESSEL M.V. MAHARISHI VAMADEVA. & ANR. Appearance: Mr. T. Poornam, Adv. Mr. S. Ghsoh, Adv. Mr. Asit Dey, Adv. for the Plaintiff Mr. R. Banerjee, Adv. Mr. A. Majumdar, Adv. for the Defendant No.1. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date:13. h August, 2013. The Court: An interesting point appeared from the respective submissions of the parties as to whether the Admiralty jurisdiction can be invoked in respect a ship or vessel of an Indian Origin. The respective counsels of the appearing parties have relied upon a judgment of the Honble Apex Court rendered in the case of M.V. Elisabeth & Ors. Vs. Harwan Investment & Trading Pvt. Ltd.; reported in 1993 Supplementary (2) Supreme Court Cases 433, in support of their rival contentions. According to the plaintiff, the Apex Court in the said report has...
Pacific World Singapore Pte Ltd. Vs. the Owners Parties Interest in th ...
Court: Kolkata
Decided on: Aug-13-2013
GA No.2361 of 2013 AS No.6 of 2013 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (ADMIRALTY) Pacific World Singapore Pte LTD.Versus The owners parties interest in the Bunkers on Board the Vessel MV Kibali & Anr. Before: The Hon'ble Justice Harish Tandon Date:13. h August 2013 Appearance: Mr.Anubabh Sinha, Advocate Mr.Sudhakar Basak, Advocate for the petitioner Mr.S.N. Mookherjee, Sr.Advocate Mr.Ratnanko Banerjee, Advocate Mr.Amitava Majumdar, Advocate Mr.S.Malhotra, Advocate Mr.S.Dey, Advocate for the defendant No.1 The Court: The plaintiffs claim in this Admiralty Suit is arising out of a breach of three time charter executed between the plaintiff and the defendant no.2 in respect of the vessels namely, M.V.Ocean Melody, M.V.Sanko Mercury and M.V.Marie Paul. The order for arrest of vessels M.V.Kibali is sought for by the plaintiff for securing the dues on account of the damages and losses suffered for breach of the aforesaid time charter. The owner of the vessels, the defendant n...
Asif Ali Vs. Sufia Khatoon
Court: Kolkata
Decided on: Aug-13-2013
1 ORDER SHEET G.A.No.2192 of 2013 APOT No.340 of 2013 CS No.283 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ASIF ALI Versus SUFIA KHATOON BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :13. h August, 2013. Appearance: Mr.D.N.Sharma with Mr.Hemanta Kr. Das And Mr.C.S. Jha, ld. Advocates for the appellant. Mr.Hiranmoy Bhattacharjee, Mr.D.Mondal And Mr.Emon Bhattacharjee, ld. Advocates For the respondent. The Court :- The appeal is directed against an order dated 2nd July, 2013 passed by Sister Patherya,J dismissing an application for setting aside an ex-parte decree passed on 1st August, 2012 by Maharaj Sinha, J (as his Lordship then was).The undisputed facts of the case are as follows:The appellant entered into an agreement for sale on 29th January, 2008 in respect of a flat at a sum of Rs.16,15,000/-. The appellant paid a sum of Rs.10 lac. Possession of the flat was given to him. The parties had agreed that...
Reserve Bank of India Vs. Krishnananda Banerjee and ors.
Court: Kolkata
Decided on: Aug-13-2013
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.208 of 2013 W.P No.494 of 2008 RESERVE BANK OF INDIA versus KRISHNANANDA BANERJEE & ORS.For the Appellant : Mr.Arijit Chowdhury, Senior Advocate Mr.Aloke Banerjee, Advocate Respondent No.1 : Mr.Krishnananda Banerjee (In person) Heard on Judgment on : August 2, 2013. : August 13, 2013. ASHIM KUMAR BANERJEE, J. FACTS : Respondent Krishnananda Banerjee was an officer of Reserve Bank of India. He was a Class-I Grade-A Officer and working as Assistant Manager in the Foreign Exchange Department. He was promoted as Assistant Manager (promotee) on ad hoc and temporary basis with effect from October 16, 2001. The Authority regularized such promotion with effect from November 8, 2001, effective from November 7, 2001. He claimed to have an unblemished service career. He complained of not getting the ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-13-2013
ORDER SHEET GA No.2872 of 2012 PLA No.10 of 2002 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction IN THE GOODS OF: BIMAL SARKAR (DECEASED) BEFORE: The Hon'ble JUSTICE PATHERYA Date :13. h August, 2013. Mr.Tridib K. Sarkar, Mr.S.Balial for the petitioner. The Court : By this application the petitioner seeks grant of probate in terms of order dated 29th August, 2007. In the said order it was recorded that no affidavit in support of the caveat had been filed by the caveator and it was on this premise that by the said order the petitioner was directed to be entitled to obtain probate as a non-contentious cause. In couRs.of hearing of this application the department was directed to submit a report. Such report has been filed and from a reading thereof it appears that not only was a caveat filed by the caveator Sr.Bijon Sarkar but an affidavit in support of the caveat has also been affirmed on 23rd December, 2003 and filed on 24th December, 2003. The said affidavit in supp...
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