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Kolkata Court September 2013 Judgments

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Sep 04 2013

Susmita Bhowmik Vs. Employees’ State Insurance Corpn.and ors

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET W.P.No.842 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side SUSMITA BHOWMIK Versus EMPLOYEES STATE INSURANCE CORPN.& ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :4. h September, 2013. Appearance: Mr.Atish Dipankar Roy,Advocate Soumyajit Mishra,Advocate for petitioner. Mr.Soumitra Banerjee,Advocate for respondent no.1. The Court : A preliminary objection is taken by the respondents that the order impugned in this writ petition is an appealable one under section 82 of the Employees State Insurance Act, 1948. The petitioner says that the order no.2 dated 6th May, 2013 is an interlocutory in nature and section 82 contemplates an appeal against the final order. On perusal of the provision contained in section 82 of the said Act, prima facie, it appears to me that the appeal lies against the final order. The petitioner has challenged the said order on the ground that the statutory authorities cannot travel beyond the legal boundaries. Ac...


Sep 04 2013

Tega Industries Ltd. Vs. Kaveri Ultra Polymers (P) Ltd.

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET GA No.2580 of 2013 CS No.306 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction TEGA INDUSTRIES LTD.Versus KAVERI ULTRA POLYMERS (P) LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date :4. h September, 2013. Mr.Ranjan Bachawat, Mr.Samrat Sen, Mr.Manali Bose for the petitioner. The Court : In a suit for perpetual injunction restraining the respondent from infringing patent no.231453 this interim application has been filed for interim reliefs. The case of the petitioner is that an improved screen panel and fixing arrangement thereto has been patented in favour of the petitioner. A patent number assigned and patent certificate also issued on 4th March, 2009. In fact in respect of the said product of the petitioner patent certificates have been issued in different countries worldwide including the United States of America. Such certificate is valid and subsisting and it has come to the knowledge of the petitioner that the said screen panel in which it has a pa...


Sep 04 2013

Srei Equipment Pvt. Ltd. Vs. Bengal Prakalpa Nirman Pvt. Ltd. and anr.

Court: Kolkata

Decided on: Sep-04-2013

AP No.907 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT PVT.LTD.Versus BENGAL PRAKALPA NIRMAN PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h September, 2013. Appearance: Mr.A.Mitra, Adv.Ms.TanuSr.Santra, Adv.The Court : The respondents are represented and do not show any inclination of making good the defaulted instalments. The petitioner claims the amount due on account of defaulted instalments to be in excess of Rs.11.07 lakh. There will be an order of injunction in terms of prayer (a) of the petition which will, however, not prevent the respondents from using the asset in the usual couRs.of business till such time that the Receiver takes possession thereof. Mr.Deepnath Roy Choudhury, Advocate, is appointed Receiver for taking possession of the asset unless the respondents pay a sum of Rs.6 lakh by way of a demand draft or pay order or like instrument, not being a personal cheque, in favour of the petiti...


Sep 04 2013

Appellant Vs. Respondent

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET CA No.422 of 2013 CP No.91 of 1973 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE: NATOBAR DUTTA PROPERTIES P LTD.(IN LIQN.) AND RE: JUDHISTHIR DUTTA AND ANUPAMA DEY BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :4. h September, 2013. Mr.Mohit Gupta, Adv.Mr.Shameek Chakraborty, Adv.Ms.Ruxmini Basu Roy, Adv..for the applicant Ms.Smita Das De, Adv..for Official Liquidator Mr.Mainak Bose, Adv..for Ranjana Dutta Miss. Iti Dutta, Adv.Mr.A.Chatterjee, Adv.Mrs.P.Jain, Adv..for Ashim Dutta. Mr.Sachin Shukla, Adv..for K.C.Dutta. Mr.Arnab Dutta, Adv..for Rama Dutta. The Court: This is an application at the instance of one of the occupants of the premises no.14B, Amritlal Bose Street, Kolkata-700 005. The said premises No.14B, Amritlal Bose Street, Kolkata-700 005, is the property owned by the company (in liquidation).The assets of the company were put on sale. Several orders were passed by the Company Court inviting offers not only from the outsiders but also f...


Sep 04 2013

Smt. Sumita MejhaIn Vs. Coal India Limited and ors.

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET WP No.535 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. SUMITA MEJHAIN Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h September, 2013. Appearance: Mr.S.Ganguly, Advocate for the petitioner Mr.Alok Banerjee, Advocate for the respondents The Court: The respondents did not permit the writ petitioner to work on and after 30th March 2004 till 21st December 2009. The Writ Court on 13th July, 2009, passed an order setting aside the order dated 31st March, 2004, revoking her ad hoc appointment and directed that the petitioner should be allowed to join service forthwith. The respondents did not prefer an appeal from that order. Instead the writ petitioner was re-employed only with effect from 22nd December, 2009. Treating the writ petitioner as regularly appointed, her wages for the period from 31st March, 1999 to 30th March 2004 were paid to her. In this writ, the writ petitioner claims wages from 30th M...


Sep 04 2013

Manjala Begum Vs. Coal India Limited and ors.

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET WP 19.OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANJALA BEGUM Versus COAL INDIA LIMITED AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h September, 2013. For Petitioner : Mr.PARTHA GHOSH, ADVOCATE. For Respondents : MR.A.BANERJEE, ADVOCATE. The Court : This is a case of a widow of a colliery worker who died on 23rd February 1995. At the present moment, the initial case of the petitioner claiming compassionate appointment in place of her deceased husband is not being run. She claims monetary compensation from the date of death of her husband. Mr.Ghosh, learned counsel appearing for the petitioner, showed me various Forms annexed to the affidavit in reply comprising Annexures R-1, R-2, R-3 and R-4 thereof. He argued that the application for compassionate appointment was made immediately after the death of the husband of the writ petitioner. He also handed up to this Court a copy of a note sheet dated 13th November 1997 where ...


Sep 04 2013

Mmp Filtration Pvt Ltd Vs. Foreign Trade Development Officer and ors

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET W.P.NO.849 OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MMP FILTRATION PVT LTD Versus FOREIGN TRADE DEVELOPMENT OFFICER & ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :4. h September, 2013. Appearance : Mr.Sudhir Mehta,Advocate Mr.S.K.Mitra,Advocate The Court : The petitioner has challenged the show cause notice dated 7th/14th March, 2013 issued under Rule 7(1)(k) of the Foreign Trade (Regulation) 1993 by the respondent no.1 alleging non-furnishing of the original authorization for refixation of the average export obligation by the petitioner. The sheet anchor of the submission of the petitioner is that the authority after having fixed the obligation in the conditions sheet have no authority to refix. Furthermore, it is contended that the authorities cannot refuse to grant or renew the licence for non-furnishing of the original authorization on the pretext of the refixation of the export obligation. The writ court should be slow ...


Sep 04 2013

Murari Mohan Kejriwal Vs. Remesh Kumar Kejriwal and ors.

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET CS No.222 of 2009 GA No.2606 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MURARI MOHAN KEJRIWAL Versus REMESH KUMAR KEJRIWAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :4. h September, 2013. Appearance: Mr.Jishnu Chowdhury, Adv.Mr.Survapriyo Mukherjee, Adv.Mr.S.R.Kakrania, Adv.Mr.Suman Adhikary, Adv.Mr.Sanjeeb Seni, Adv.Mr.Sabhyasachi Chowdhury, Adv.Mr.Ashim Kumar Kundu, Adv.Mr.Kaushik Banerjee, Adv.The Court: This is a litigation between two brothers arising out of a family settlement. The father is also a party to the said proceeding. The parties have carried dispute to the Company Law Board as well as a suit has been filed by one of the parties in this Court. The defendant is in default in complying with the order dated 4th August, 2011 little over two yeaRs.An application has been filed for condonation of delay in filing the written statement. Considering the nature of the dispute the Court after hearing the learned Cou...


Sep 04 2013

Supertron Electronics Pvt Ltd Vs. State of West Bengal and anr

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET W.P.846 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SUPERTRON ELECTRONICS PVT LTD Versus STATE OF WEST BENGAL & ANR BEFORE: The Hon'ble JUSTICE HARISH TANDON Date:4. h September, 2013. Appearance: Mr.S.Bagaria , Advocate for the Petitioner Mr.S.Mukherjee, Advocate. for the State The Court: The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry Of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be lis...


Sep 04 2013

Neela Devi Poddar Vs. Subir Poddar and anr.

Court: Kolkata

Decided on: Sep-04-2013

ORDER SHEET GA NO.2128 OF 201.WITH CS NO.286 OF 201.GA NO.298 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NEELA DEVI PODDAR Versus SUBIR PODDAR & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :4. h September, 2013. Mr.D.Basak, Mr.R.Kapoor, Mr.A.Kanodiafor plaintiff. Mr.H.Banerjee, Mr.A.Pain, Mr.S.Dutta, Mr.P.P.Mukherjeefor added defendant. The Court : GA No.298 of 2012 has been filed for examination of the petitioner pro inter esse suo so also for leave to file proceedings in an appropriate Civil Court and to vacate the interim orders dated 5th December, 2011, 13th December, 2011 and 21st December, 2011. The facts on which the said reliefs are sought is that the petitioners herein are owners of premises no.147, Park Street, Kolkata. Pursuant to a deed of conveyance dated 29th July, 2011 the Banerjees, who were the original owners of the said premises granted a 30-year lease in 1953 in favour of one Hasim Ali. The said lease by efflux of tim...


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