Kolkata Court September 2013 Judgments
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Sibo Prosad Sanyal Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-05-2013
AP No.874 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SIBO PROSAD SANYAL -VersusSTATE OF WEST BENGAL & ANR. Appearance: Mr.Amitava Ghosh, Adv...for the petitioner. Mr.Arindam Mondal, Adv.Mr.Paritosh Sinha, Adv...for the State. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 5, 2013. The Court : There is no dispute as to the existence of the arbitration agreement and the State has, very fairly, provided a copy of the agreement containing the arbitration clause since the petitioner did not possess one. The only point taken by the State is that the request for constitution of the arbitral tribunal may not have been addressed to the appropriate officer. The petitioner refers to the letter dated June 24, 2013 which was received on the same day by the office of the respondent. Director of Personnel and The letter was addressed to the ex Resources Development Directorate. officio Chief Engineer, Water The State says that the appropriat...
Supradip Dey and ors. Vs. Mr. Nilanjan Sandilya, Md of the
Court: Kolkata
Decided on: Sep-05-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) CC No.127 of 2012 With WP No.14 of 2012 with CPAN No.446 of 2013 Supradip Dey & ORS.versus Mr.Nilanjan Sandilya, MD of the Calcutta Tramways Ci.(1978) CC No.132 of 2012 with WP No.308 of 2012 Parwez Khan & ORS.versus Mr.Nilanjan Sandilya, MD of the Calcutta Tramways Co.LTD.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :5. h September, 2013. Appearance : Mr.A.K. Maity, Advocate Mr.S.M. Obaidullagh, Advocate for the PetitioneRs.Mr.P.Deb Roy, Advocate Mr.D.Saha Roy, Advocate for the Respondents. Mr.Bikash Ranjan Bhattacarya, Sr.Advocate Mr.Swaroop Pal, Advocate Ms.Saswati Chatterjee, Advocate Ms.Manashi Chakraborty, Advocate in Appellate Side matter. The Court : When the matter is called on, Mr.Maity submits that 12 (twelve) out of 52 (fifty-two) petitioners in this proceeding have been issued notices to show cause, with allegations primarily relating to legality of their appointment in terms of the order of this ...
Dulali MejhaIn Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Sep-05-2013
WP No.589 of 2011 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Dulali Mejhain Versus Coal India Limited & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date:5. h September 2013 Appearance: Mr.U.S. Agarwal, Advocate for the petitioner Mr.Bijay Kumar, Advocate for the respondent The Court: According to para 9.5.0 of the National Coal Wage Agreement in case of death of a worker, a minor dependent is kept on the live roster and given appointment on attaining the age of 18 yeaRs.It is also provided that during this period the male dependent is on the live roster the female dependent will be paid monetary compensation. It appears from the letter dated 2nd April 2004 of Eastern Coal Field Limited at page 22 of the writ petition that the writ petitioners son was kept on the live roster. Learned Counsel for them submitted that he was not kept in the live roster. He was not given any employment. It was only by virtue of an order passed by this Court in contempt proce...
Pradip Kr.Dutt Vs. Siddartha Chatterjee and ors.
Court: Kolkata
Decided on: Sep-05-2013
ORDER SHEET GA NO.2362 OF 201.CS NO.241 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRADIP KR.DUTT Versus SIDDARTHA CHATTERJEE & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :5. h September, 2013. Mr.Sarathi Dasgupta, Mr.Dipendra Nath Chunder, Advocates for plaintiff Mr.Gopal Chandra Ghosh, Mr.S.K.Mukhopadhyay, Mr.S.Khanra, Advocates for defendant nos.1,2 and 3 The Court : In a suit for partition, this application has been filed for interim relief. The application was opposed by the defendants and it has been submitted by counsel for the defendants that the plaintiff has no locus standi to file the instant suit as he is the widower of one Kakaly Dutt, who inherited 1/7th undivided share in the properties inherited by her from her father Subodh Kumar Chatterjee and mother Bivarani Chatterjee. The said Kakaly Dutt has survived a daughter from her fiRs.husband and as the property of which partition is sought was inherited by her from her father...
Nawn Estates Pvt. Ltd. Vs. Maheswary Ispat Ltd.
Court: Kolkata
Decided on: Sep-05-2013
ORDER SHEET CS No.132 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NAWN ESTATES PVT.LTD.Versus MAHESWARY ISPAT LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :5. h September, 2013. The Court: The suit is filed under Order 37 of the Code of Civil Procedure, 1908. The suit is based on a dishonoured cheque claimed to have been issued by the defendant to the plaintiff towards payment of price of goods sold and delivered. The summon in the prescribed form was issued on 17th April, 2013 giving 10 days time for the defendant to enter appearance and file written statement. The said summon was duly served upon the defendant on July 2, 2013 as it appears from the endorsement made on the reveRs.of the writ of summons. The defendant is aware of the pending proceeding. The defendant did not enter appearance within the time specified in the writ of summons. The report of the Deputy Registrar dated 30th August, 2013 shows that the defendant has not entered...
Era Buildsys Ltd. Vs. Jangipur Bengal Mega Food Park Ltd. and anr.
Court: Kolkata
Decided on: Sep-05-2013
A.P.No.973 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ERA BUILDSYS LTD.Versus JANGIPUR BENGAL MEGA FOOD PARK LTD.& ANR. Appearance Mr.Indranil Roy, Adv.Mr.Vijay Singh, Adv.Mr.Jishnu Saha, Adv.Mr.Rajiv Jain, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :5. h September, 2013. The Court : The petition appears to have lost all force since the injunction that the petitioner had sought initially in respect of the bank guarantees being invoked has been rendered meaningless as the payments under the guarantees have been released. In any event, it appears on a reading of the relevant documents that the bank guarantees are unconditional and entitle the beneficiary to receive payment thereunder without any demur or protest of the bank or without reference to the person at whose instance the guarantees had been furnished. Unconditional bank guarantees and irrevocable letters of credit being the lifeblood of commerce; they ought not to be interf...
M/S. Anmol Biscuits Limited Vs. M/S. Raja Udyog Pvt. Ltd.
Court: Kolkata
Decided on: Sep-05-2013
ORDER SHEET GA No.2559 of 2013 CS No.307 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.ANMOL BISCUITS LIMITED versus M/S.RAJ.UDYOG PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date :5. h September, 2013. Mr.Ranjan Bachawat, Mr.Debnath Ghosh, Mr.Shuvasish Sengupta, Mr.Pawan Kumar Maheshwari, Ms.S.Sarkar, Ms.Urmi Roy Chowdhury, Adversus for the petitioner Mr.Samit Talukdar, Sr.Adv.Mr.Sayantan Bose, Adv.Ms.H.Chakraborty, Adv.Mr.Gautam Kr. Roy, Adv.Mr.Sourav Jana, Adv.for the respondent The Court : In a suit for a decree of perpetual injunction this application has been filed for interim reliefs. The case of the petitioner is that it is a prior user of label Dream Lite. since 22nd March, 2006 and although it is registered in the label since 2008, an application has been filed in March, 2012 in respect of the word mark Dream Lite. so also the pink packaging. Both the said applications are pending registration. In fact the colour scheme of the p...
The Branch Manager National Insurance Co. Ltd. Jalpaiguri and Another ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Sep-05-2013
J. Bag, Ld. Member: The present appeal is directed against the Judgment and Order dated 18.01.12 of the Ld. District Consumer Disputes Redressal Forum, Siliguri, in Consumer Case No. 53/S/2011 whereby Ld. Forum below allowed the complaint on contest in part against the OPs who were found liable to pay jointly and severally a sum of Rs.1,72,000/- only to the Complainant . The complaint case , in brief, was as follows: The Complainant owned a TATA Winger vehicle bearing the Registration No. WB-76/5236 which was insured with the OP No.1 / The Branch Manager, National Insurance Co. Ltd. under policy No. 153902/31/09/6300005605 . The policy was valid from 21.01.10 to 20.01.11 . On 20.05.2010 the vehicle, while on road , fell into a ditch and got damaged. The driver of the vehicle Krishna Chandra Halder lodged a diary with Pradhan Nagar Police Station, Siliguri . The fact of accident was also reported to the office of the National Insurance Co. Ltd, Birpara Branch . Thereafter, the vehicle w...
Allied Publishers Private Limited Vs. Timely Books Centre and ors.
Court: Kolkata
Decided on: Sep-04-2013
ORDER SHEET CS No.38 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ALLIED PUBLISHERS PRIVATE LIMITED Versus TIMELY BOOKS CENTRE & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :4. h September, 2013. Appearance: Mr.Suvadeep Sen, Adv.Mr.Anubhav Sinha, Adv.Mr.Sarathi Dasgupta, Adv.The Court: Mr.Anubhav Sinha the Advocate Commissioner, appears and submits that the Advocate-on-Record for the Chancellor, Masters and Scholars of University of Oxford, has communicated to the Commissioner by a letter dated 3rd August, 2013 that the Judgment DebtORS.namely, the defendants in this proceeding, did not submit any books of account or any document in the execution proceeding, being EC No.88 of 2010, initiated by the Chancellor, Masters and Scholars of University of Oxford, for execution of a money decree against the defendants and the said Advocate-on-Record has also made available the affidavits filed by the said defendants as judgment-debtors in the said...
Plastolene Polymers Pvt. Ltd. Vs. Union of Inida and ors.
Court: Kolkata
Decided on: Sep-04-2013
W.P.No.2228 of 2005 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE In the matter of: PLASTOLENE POLYMERS PVT.LTD.Versus UNION OF INIDA & ORS.Mr.Ramesh Chowdhury, Advocate For the PetitioneRs.Mr.K.K.Maity, Advocate For the Respondents. Heard On:11. 07.2013. Judgment On:04. 09.2013. Asim Kumar Mondal, J.: This is an application under Article 226 of the Constitution of India. The petitioner Plastolene Polymers Private Limited has filed the application against the opposite party/respondents Union of India and others challenging the illegality of the purported show cause notice dated July 22, 2004, issued to the petitioner by the Deputy Commissioner of Customer (F.S.E.Z.) calling upon the petitioner to show cause as to why the petitioner should not be made liable for anti dumping duty chargeable in respect of the goods sold by the petitioner from Palta Special Economic Zone to third parties under domestic tariff area. The case of the petitioner is that the peti...
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