Kolkata Court September 2013 Judgments
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AustIn Distributors Pvt. Ltd. and ors. Vs. the State of West Bengal an ...
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET WP 964 OF 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AUSTIN DISTRIBUTORS PVT.LTD.& ORS.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 25th September, 2013. The Court : Let affidavit-of-service filed today be kept on record. Mr.Mookherjee, learned advocate intervenes in the matter and submits that he has instruction to appear on behalf of the respondent authorities with the advocate-on-record of the state in the original side of this Court. He requested for another copy of the writ petition to be served on advocate-onrecord. The copy of the writ petition is handed over to the advocate-on-record in Court today. 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 provisi...
Amitava Mitter Vs. Royal Calcutta Golf Club and ors.
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET GA NO.2964 OF 2013 WITH CS NO.346 OF 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AMITAVA MITTER Versus ROYAL CALCUTTA GOLF CLUB & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th September, 2013. Mr.P.Chatterjee, senior advocate, Mr.D.Basak, Mr.A.Mitra, Ms.S.Bagchifor petitioner. Mr.A.K. Mitra, senior advocate, Mr.A.Mitrafor respondent no.1& 2 Mr.S.B.Mukherjee, senior advocate, Mr.R.Banerjee, Mr.P.Bosefor respondent no.3. The Court : In a suit for a declaration that resolutions 8 and 9 of the notice dated 27th August, 2013 cannot be adopted and perpetual injunction restraining the transaction of resolutions 8 and 9 of the notice dated 27th August, 2013 this application has been filed for interim relief. The case of the petitioner is that by resolutions 8 and 9 the respondents seek to amend the articles of association, which amendment is not permissible in law and under the provisions of the Companies Act, 1956. The said amendmen...
Indiabulls Financial Services Ltd. Vs. Alok Kedia and anr.
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET EC No.140 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INDIABULLS FINANCIAL SERVICES LTD.versus ALOK KEDIA & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th September, 2013. Mr.Aasif Hussain for the decree holder. The Court : Initially by order dated 15th May, 2012 the Receiver was directed to take symbolical possession of the properties mentioned in prayer [a].of Column 10 of the Tabular Statement. Subsequently, on 17th July, 2012 the properties mentioned in prayer [a].of Column 10 of the Tabular Statement was attached. The only complaint this day by the counsel for the decree holder is that no step is being taken by the Receiver to implement the order passed on 17th July, 2012. On a reading of the said order it appears that the said assets mentioned in prayer [a].of Column 10 of the Tabular Statement stood attached by order dated 17th July, 2012. There was no direction on the Receiver to take physical possession of the ass...
Smt. Sipra Chowdhury Vs. Sri Partha Dutta
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET GA No.1030 of 2011 PLA No.255 of 2008 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction IN THE GOODS OF: SANTI RANJAN DUTTA, DECEASED AND SMT. SIPRA CHOWDHURY versus Sr.PARTHA DUTTA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th September, 2013. Mr.P.K. Drolia for the petitioner. Mr.M.C. Ghosh for the respondent. The Court : By this application the petitioner herein seeks to revoke probate granted on 1st September, 2009. The case of the petitioner is that no notice or citation was served on her nor did she give consent for grant of probate. As she is entitled to inherit the properties left by her deceased father she ought to be given an opportunity to contest the proceedings and for such purposes the probate granted in PLA 255 OF 2008 be revoked. It is for the fiRs.time when summons in an eviction suit filed before the Civil Judge (Senior Division).5th Court at Alipore was served on her in November, 2010 that she came to know of the probate granted and i...
Meridian Medical Research and Hospital Ltd and anr Vs. Union of India ...
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET WP No.954 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MERIDIAN MEDICAL RESEARCH AND HOSPITAL LTD AND ANR Versus UNION OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 25th September, 2013. Mr.D.K.Dhar, Adv.Mr.Arindam Guha, Adv.Mr.Arkodeb Sinha, Adv..for the petitioneRs.Mr.P.K.Dhoumick, Adv..for the respondents. The Court: Against the assessment order the petitioners have filed an appeal before the Commissioner of Income Tax (Appeals)-VIII, Kolkata, and also filed an application for stay of the demand. Admittedly, neither the application nor the appeal is fixed for hearing by the Appellate Authority which compelled the petitioners to approach the Chief Commissioner of Income Tax-III. By a memo. dated September 16, 2013, the Chief Commissioner of Income Tax-III, Kolkata directed the appeal to be disposed of out of turn and on priority basis. The petitioners grievance in the writ petition is that despite the said order ...
Runa Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET SHEET NO.1 W.P.No.657 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF: RUNA DAS Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 25th September, 2013. Appearance: Mr.S.S.Arefin, Advocate, Mr.Farida Khatun, Advocate..for the petitioner. Mr.H.Barua, Advocate..for the College Authority. Mr.Sandip Kumar Bhattacharjee, Advocate..for Accountant General. The Court:-Heard the learned Counsel appearing for the petitioner and the College authorities. No one, however, appears on behalf of the State in spite of notice. Let a copy of the notice be kept with the records. Learned Counsel for the Accountant General( A & E).West Bengal however appears when the matter is heard. Complaint of the petitioner in this proceeding is that she is not being released pension and other retrial benefits after having retired from service on and from 31st March, 2012. It is admitted by the learned Counsel for the Coll...
Asansol Durgapur Development Authority Vs. Mining and Allied Machinery ...
Court: Kolkata
Decided on: Sep-25-2013
C.A.No.450 of 2013 with CA No.904 of 2011 CA No.510 of 1992 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION Asansol Durgapur Development Authority Versus Mining & Allied Machinery & ORS.And In the matter of: Sr.Brindabon Mondal & ORS.Before: The Honble Justice Harish Tandon Date: 25th September 2013 Appearance: Mr.Gautam Chakraborty, Advocate Mr.J.N. Manna, Advocate for the applicant Mr.Raja Basu Chowdhury, Advocate Mr.Sayantan Bose, Advocate for ADDA The Court: By an order dated 29th June 2012 the respondent Asansol Durgapur Development Authority was directed to consider the case of the applicant by fiRs.determining that they are contract labourers and thereafter consider their claim for allotment of residential quarters on the same basis the other seven contract labourers have been allotted under the order of this Court. It is strange enough that the said authority framed the aforesaid two issues wherein the fiRs.issue relates to the status of the applicants as contract labourers...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-24-2013
IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE Present: THE HONBLE Mr.JUSTICE BISWANATH SOMADDER A.S.No.1 of 2012 PORTO MAINA MARITIME SA VERSUS OWNERS & PARTIES INTERSTED IN THE VESSEL M.V.GATI MAJESTIC For the Plaintiff: Mr.Ratnanko Banerjee, Advocate Mr.Sotarup Banerjee, Advocate Mr.Subhojit Roy, Advocate Mr.Soubhagya Sen, Senior Advocate For Defendant: Mr.Tilok Bose, Senior Advocate Mr.Asit Kumar De, Advocate Judgment on:24. 09/2013 BISWANATH SOMADDER, J. This Court had, suo motu, raised a preliminary issue with regard to exercise of its Admiralty Jurisdiction in respect of the concerned vessel, which carries an Indian flag and is registered under the Indian laws. Plaintiff was directed to serve notice upon the defendant. After notice was issued, the defendant entered appearance. It was submitted by the learned counsel for the plaintiff that the plaintiff has a cause of action against the defendant vessel, M.V.Gati Majestic (hereinafter referred to as the vesse...
Dredging and Distilation Co.P.Ltd. Vs. Dhorti Dredging and Infrastruct ...
Court: Kolkata
Decided on: Sep-24-2013
ORDER SHEET CS No.84 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DREDGING & DISTILATION CO.P.LTD.Versus DHORTI DREDGING & INFRASTRUCTURE LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th September, 2013. Mr.Joydip Roy, Adv..for the plaintiff Mr.Rajarshi Dutta, Adv..for the defendant. The Court: On the basis of the admission in the written statement there shall be a decree for Rs.10 lakhs. The defendant has paid the aforesaid sum by an account payee cheque bearing no.068516 dated 19.09.2013 drawn on ICICI Bank,(06).R.N.Mukherjee Road, Calcutta. Mr.Jaydip Roy,learned Advocateon-record, accepts the said account payee cheque on behalf of the plaintiff. The plaintiff shall adjust the aforesaid sum towards his claim on account of principal. Having regard to the nature of the controveRs.and the agreement reached between the parties in Court, the balance claim is referred to mediation. In my view such controveRs.can be conveniently dealt with i...
Pabitra Kumar Basu and ors. Vs. the Calcutta Municipal Corporation
Court: Kolkata
Decided on: Sep-24-2013
CS 246 of 1999 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE PABITRA KUMAR BASU & ORS.Versus THE CALCUTTA MUNICIPAL CORPORATION BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th September, 2013. For the petitioner : Mr.Sakya Sen,Advocate Mr.Sukrit Mukherjee,Advocate Mr.Anirban Pramanick,Advocate MRS.Rita Sinha,Advocate The Court : - Before commencement of the trial, the parties have agreed that the documents, namely Sl. Nos.1 to 9 of the Judges brief of documents being the plaintiffs documents and Sl. Nos.10 to 13 of the Judges brief of documents being the defendants documents by admission may be marked as exhibits. After hearing the learned Counsel for the parties the following documents by admission are marked as exhibits on behalf of the plaintiffs, the formal proof whereof is dispensed with :- Sl. No.Description of documents Exhibits 1. A copy of letter written by the Plaintiff No.1 addressed to A.K.Majumdar, Advocate on Record for Calcutta Municipal Corporation. Ext. I 2. A copy of...
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