Kolkata Court September 2013 Judgments
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Rama Kant Burman Vs. Board of Trustees for the Port of Kolkata and ors
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET WP No.33 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAMA KANT BURMAN Versus BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 30th September, 2013. Appearance: Mr.Bikash Ranjan Bhattacharya, Sr.Advocate Mr.Soumya Majumdar, Advocate Mr.P.S.Sengupta, Advocate Mr.A.Ghosh, Advocate The Court: Leave is sought in terms of the order dated 22nd January, 2013, passed by Sambuddha Chakrabarti, J. In that order his lordship had held as follows:After hearing Mr.Majumder, Mr.Sengupta and after going through the petition I find that the balance of convenience and inconvenience lies in favour of giving liberty to the respondents to proceed with the enquiry pending against the writ petitioner but no final order or any order finally affecting the right of the petitioner shall be passed except without the leave of the Court. All questions raised by the writ petitioner about the maintainability of the enquir...
M/S. Maa Tripura Sales Pvt. Ltd. (In Liqn.) Vs. Official Liquidator
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET CA No.129 of 2013 Wit CP No.453 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE M/S.MAA TRIPURA SALES PVT.LTD.(IN LIQN.) Versus OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 30th September, 2013. Mr.D.Basak, Adv.Ms.Ratna Das, Adv..for the accused nos.1,2,3 and 4..(formerly) Mr.Amitabh Shukla, Adv..for the accused no.1. Mr.Ananda Choudhury, Adv..for the accused no.2 Mr.Pradeep Kumer, Adv..for the accused nos.3 and 4. The Court: The Officer-in-Charge of the Siliguri Police Station is personally present in terms of order dated 20th September, 2013 along with the accused nos.3 and 4. By the said order, the Officer-in-Charge was directed to explain why the order dated 29th July, 2013 was not carried out. He intimated through Mr.Basak, learned Advocate with Ms.Ratna Das learned Advocate who earlier represented accused Nos.1 to 4 that the earlier order was not communicated to him or at least was not brought to his notice. The Office...
Titagarh Wagons Limited Vs. Suresh Tripathi and anr.
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET GA No.2816 of 2013 CS No.326 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TITAGARH WAGONS LIMITED Versus SURESH TRIPATHI AND ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date: 30th September, 2013 Mr.Abhrajit Mitra, Adv.with Ms.Radhika Singh, Adv.Mr.Satadeep Bhattacharya, Adv.Mr.Soumabho Ghosh, Adv.Ms.Sayani Chatterjee, Adv..for the petitioner Mr.Amitabha Ghosh, Adv.with Ms.Soma Rou Chowdhury, Adv..for the respondents By order dated 16th September, 2013, the respondents were restrained from making any defamatory statements or publication against the petitioner either in the print media or electronic media. The said statements were also directed to be removed from the website of Paripurna Railway Samachar. This day it has been contended by Counsel for the petitioner that the said publication and defamatory statements have not been removed from the website of Paripurna Railway Samachar. Accordingly, the respondents are directed to impl...
Jaiswal Import Cargo Services Ltd. Vs. Commissioner of Customs (Airpor ...
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET WP980OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAISWAL IMPORT CARGO SERVICES LTD.Versus COMMISSIONER OF CUSTOMS (AIRPORT & ADMINISTRATION).KOL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 30th September, 2013. Appearance : Dr. Samir Chakraborty, Adv.Mr.Hasmukh Kondalia, for the petitioner Mr.S.B. Saraf, Adv.Mr.K.K.Maity, Adv. for CustoMs.The Court : The petitioner has challenged the order No.22 of 2013 dated 02.09.2013 issued by the Commissioner of Customs (Airport & Admn.) Custom House, Kolkata, prohibiting the petitioner from operating as customs broker in the sections of Port & Airport at Kolkata, Haldia until further ordeRs.Apropos the said order, the Deputy Commissioner of Customs (CHA) Custom House, Kolkata issued a circular dated 03.09.2013 which is also a subject matter of this writ petition. From the order impugned in this writ petition it appears that the same has been passed by invoking Regulation 23 of Customs ...
Surajit Roy Vs. Registrar General,
Court: Kolkata
Decided on: Sep-27-2013
ORDER SHEET WP No.834 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SURAJIT ROY Versus REGISTRAR GENERAL, HIGH COURT AT CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 27th September, 2013 Mr.Durga Prasad Dutta, Adv.with Mr.Kaustav Chandra Das, Adv..for the petitioner Mr.Sandip Bhattacharya, Adv..for the respondent no.3 The petitioner was an employee of the High Court. He retired from service on attaining the age of superannuation on 30th September, 2010. He is aggrieved because his retiral benefits have not been released. Admittedly, a criminal case was pending on the date the petitioner retired from service. The said criminal case is pending till date. The question that arises on this writ petition is, whether the petitioner is entitled to provisional pension as well as gratuity before the criminal case is decided finally. 2 Mr.Bhattacharya, learned advocate representing the Accountant General, respondent no.3, by referring to Ru...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-27-2013
ORDER SHEET CA61OF2012CP91OF1973CA562OF2012IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE : NATABAR DUTTA PROPERTIES (P) LTD.(IN LIQN.) . BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 27th September, 2013. Appearance : Mr.Rajesh Upadhyay, Adv. for Sitaram Shaw Mr.Debrup Bhattacharjee, Adv. for Supriti Dutta Mr.Mainak Bose, Adv. for Ranjana Dutta Mr.Soumya Ray, Adv. for Shib Sankar Dey Ms.Smita Das De, Adv. Official Liquidator The Court : The special officer submits the report on perusal whereof it appears that the entrance of premises No.14A, Amritlal Bose, Street, has been put under lock by one Sitaram Shaw. It is further pointed out that there are certain obstructions on the passage leading to the staircase of premises No.14A, Amritlal Bose Street. Sitaram Shaw is represented by Mr.Rajesh Upadhyay, advocate although a plea has been taken that his client was inducted as a tenant in respect of the portion in occupation but this Court finds that it is unconceivable that the m...
Smt.Saili Ghosh and ors. Vs. Debapriyo Sen and ors.
Court: Kolkata
Decided on: Sep-27-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Tapan Kumar Dutt 27.09.2013 GA27of 2013 CS1147of 1947 Smt.Saili Ghosh & ORS.versus Debapriyo Sen & ORS.GA28of 2013 CS1147of 1947 Smt.Saili Ghosh & ORS.versus Debapriyo Sen & ORS.GA517of 2013 CS1147of 1947 Smt.Saili Ghosh & ORS.versus Debapriyo Sen & ORS.GA703of 2013 CS1147of 1947 Smt.Saili Ghosh & ORS.versus Debapriyo Sen & ORS.Mr.Aurobindo Chatterjee, Advocate for the petitioners The Court :- The learned Advocate for the petitioners submits that the properties involved in the matter are debuttar properties. The said learned Advocate refers to the offer made by the developers concerned to the petitioners for development of the said properties for the benefit of the deities. It is not known on what basis the price of the properties have been indicated in such offer. This Court is of the view that a proper valuation should be made in respect of the properties involved in the applications and a...
Asha Audio Co. and anr. Vs. Om Prakash Sonik
Court: Kolkata
Decided on: Sep-27-2013
Form No.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 G.A.No.2121of 2013 APOT No.328 of 2013 C.S.No.202 of 2013 ASHA AUDIO Co.& ANR. versus OM PRAKASH SONIK And G.A.No.2149 of 2013 APOT No.331 of 2013 C.S.No.202 of 2013 THE INDIAN PERFORMING RIGHT SOCIETY LTD.versus ASHA AUDIO Co.& ORS.G.A.No.2306 of 2013 APOT No.363 of 2013 C.S.No.202 of 2013 HASAN KAMAAL versus ASHA AUDIO Co.& ANR. And G.A.No.2315 of 2013 APOT No.367 of 2013 C.S.No.202 of 2013 OM PRAKASH SONIK versus ASHA AUDIO Co.& ANR. For Asha Audio : Mr.Mr.Mr.Mr.For Hasan Kamal : Mr.Anindya Kumar Mitra, Senior Advocate Mr.Jishnu Chowdhury, Advocate Mr.Ayan Banerjee, Advocate Mr.Satadeep Bhattacharya, Advocate Mr.Amitava Ganguly, Advocate Ms.Nibedita Sarkar, Advocate For Om Prakash Souik : Mr.Mr.Mr.Mr.Jayanta Mitra, Senior Advocate Ratnanko Banerjee, Advocate Suddhasatta Banerjee, Advocate Santosh...
Indian Drug Manufacturers Association and ors. Vs. the State of West B ...
Court: Kolkata
Decided on: Sep-27-2013
In the High Court at Calcutta (Constitutional Writ Jurisdiction) Original Side WP 805 of 2006 With WP 1172 of 1999 Indian Drug Manufacturers Association and ORS.versus The State of West Bengal & ORS.CORAM : The Honble Mr.Justice Tapen Sen For the Petitioners : Mr.Partha Sarathi Sengupta, Sr.Advocate Mr.Debasish Sinha, Advocate Ms.Sutapa Sanyal, Advocate For the Respondents No.3 & 4 : Mr.Kishore Dutta, Advocate Mr.Debjyoti Basu, Advocate For the Respondent No.5 : For the State : Mr.Anindya Mitra, Ld. Advocate General Mr.Billwadal Bhattacharya, Advocate Mr.Paritosh Sinha, Advocate C.A.V.on Mr.Somraj Mukherjee, Advocate Mr.Kumar Shantanu, Advocate : 8.5.2013 Judgment delivered on : 27.9.2013 Tapen Sen, J.: In Re: WP No.1172 of 1999 In this Writ Petition the petitioner No.1 is an Association of Drug Manufacturers and the Petitioner Nos.2 to 5 are all its membeRs.They are aggrieved by a Notification dated 17.8.1998 (Annexure C to the Writ Petition) issued by the Labour Department of the Gov...
Anil Kumar Patodia and anr. Vs. Sunil Kumar Patodia and ors.
Court: Kolkata
Decided on: Sep-27-2013
ORDER SHEET GA No.2980 of 2013 CS No.338 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANIL KUMAR PATODIA & ANR. Versus SUNIL KUMAR PATODIA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th September, 2013. Mr.Abhrajit Mitra, Ms.Rajshree Kajaria, Mr.Jishnu Chowdhury, Mr.Sarvopriya Mukherjee, Mr.Soumabho Ghose, Ms.Sonia Sharma, Mr.S.Mukherjee, Adversus for the petitioners Mr.S.N.Mukherjee, Mr.Debnath Ghosh, Mr.Ashish Chivaneivals, Adv.for respondent No.40 Mr.Ratnanko Banerjee, Mr.Sanjay Ginodie, Mr.Manoj Kumar Tiwari, Adversus for respondent Nos.5 and 41 The Court : In a suit for a decree of partition and declaration that the movable properties are joint, this application has been filed for interim reliefs. The case of the petitioner is that conciliation proceedings initiated have failed. In FMAT 1050 of 2012 an order was passed on 31st August, 2012 whereby the parties have been restrained from transferring or encumbering the properties wh...
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