Kolkata Court January 2014 Judgments
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V. B. Seva Trust and ors. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jan-28-2014
GA No.137 of 2013 with CS No.149 of 2012 GA No.3180 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION V.B.Seva Trust & ORS.Versus Union of India & ORS.Before: The Honble Justice I.P.MUKERJ.Date: 28th January 2014 Appearance: Mr.Sabyasachi Choudhury, Advocate Mr.Abhijit Guha Roy, Advocate Mr.Syed E. Huda, Advocate for the petitioners Mr.K.K. Maiti, Advocate for the respondents The Court: The defendants are in occupation of 11251.43 sq.ft. carpet area at premises No.25, Princep Street, Kolkata 700072. The owners are the trustees of the plaintiff trust. The occupied area extends to three floORS.On the second floor it is 2000 sq.ft. carpet area; on the third floor 4736.93 sq.ft. carpet area; and on the fourth floor 4514.50 sq.ft. carpet area. According to the plaintiffs, it was a monthly tenancy which was determined by their notice under Section 106 of the Transfer of Property Act, 1882. The notice was dated 1st November 2011, served upon the defendants on 4th Nove...
Aj Tech Equipments Pvt. Ltd. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET W.P.No.1269 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AJ TECH EQUIPMENTS PVT.LTD.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th January, 2014. Appearance : Mr.Piyal Gupta, Adv. for the petitioner Mr.S.Mukherjee, Adv. for the learned Advocate General 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 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. Mr.Mukherjee, Advocate who are represented learned Advocate General, submits that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Divi...
Suchismita Chakraborty Vs. the Official Liquidator,high Court, Calcutt ...
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET CA No.639 of 2012 CP No.113 of 2001 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : MEFIN CHEMICALS PVT.LTD.(IN LIQN) AND SUCHISMITA CHAKRABORTY versus THE OFFICIAL LIQUIDATOR,HIGH COURT, CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 28th January, 2014. Mr.Aniruddha Mitra, Advocate appeaRs.Mr.Amiya Kr. Sur for WBFC. Mr.Susanta Kr. Dutta for Official Liquidator. The Court : This application has been filed under Section 535 of the Companies Act, 1956 seeking disclaimer of the factory premises at 121, Netaji Subhas Road (formerly 5, Netaji Subhas Road) comprised in Dag no.2400 and 2406 at Narendrapur, 24 Parganas (South).Kolkata. The case of the applicant is that it has purchased the said premises from its erstwhile owner as per the sale deed dated 6th April, 2006. As WBFC is the owner of the plant and machinery and stocks lying at the said premises, it is in physical possession of the entire premises along with its charged assets. The Offic...
Devvrat Industrial Corporation Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET W.P.No.1279 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DEVVRAT INDUSTRIAL CORPORATION Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th January, 2014. Appearance : Mr.Piyal Gupta, Adv. for the petitioner Mr.S.Mukherjee, Adv. for the learned Advocate General 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 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. Mr.Mukherjee, Advocate who are represented learned Advocate General, submits that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble ...
Ms. Exquisite Print and Pack Pvt. Ltd. Vs. the State of West Bengal an ...
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET W.P.No.65 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Ms.EXQUISITE PRINT AND PACK PVT.LTD.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th January, 2014. Appearance : Mr.Somak Basu, Adv. for the petitioner Mr.S.Mukherjee, Adv. for the learned Advocate General 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 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. Mr.Mukherjee, Advocate who are represented learned Advocate General, submits that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honbl...
Mrinalini Biri Manufacturing Co. Pvt. Ltd. Vs. the State of West Benga ...
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET W.P.No.37 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MRINALINI BIRI MANUFACTURING Co.PVT.LTD.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th January, 2014. Appearance : Mr.Piyal Gupta, Adv. for the petitioner Mr.S.Mukherjee, Adv. for the learned Advocate General 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 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. Mr.Mukherjee, Advocate who are represented learned Advocate General, submits that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the ...
D2 International Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET W.P.No.58 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE D2 INTERNATIONAL Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th January, 2014. Appearance : Mr.S.Mukherjee, Adv. for the petitioner Mr.S.Mukherjee, Adv. for the learned Advocate General 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 24-06-2013 the Honble Single Bench declared the provisions of the said Act as ultra vires. Mr.Mukherjee, Advocate who are represented learned Advocate General, submits 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 h...
Abhinandan International Pvt. Ltd. and ors. Vs. Allahabad Bank
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET CS No.215 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHINANDAN INTERNATIONAL PVT.LTD.& ORS.Versus ALLAHABAD BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th January, 2014. Appearance: Mr.Raj Sekhar Manthana, Adv.Mr.Amitavo Das, Adv.Mr.Dhruba Ghosh, Adv.Mr.Paresh Nath Roy, Adv.Mr.Soumya Ray, Adv.The Court: After hearing the learned Counsel for the parties issue no.5a as indicated in the issue settled by the plaintiff is incorporated as a issue and issue no.6 is deleted. The issues as framed after incorporating the corrections are set out hereinbelow.1) Is the suit at the instance of the plaintiff nos.2 to 7 maintainable?.2) Are the claims made by the defendant nos.2 to 7 barred by limitation?.3) Was the defendant justified in encashing the fixed deposit of Rs.80 lacs prematurely?.4) Did the plaintiffs suffer any loss or damage due to such unauthorized premature encashment of the fixed deposit as alleged by the plaintiff i...
Srei Equipment Finance Limited Vs. Gopali Heavy Lifters and ors.
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.P.No.1540 of 2013 SREI EQUIPMENT FINANCE LIMITED Versus GOPALI HEAVY LIFTERS & ORS.A.P.No.1541 of 2013 SREI EQUIPMENT FINANCE LIMITED Versus DHANLAXMI CRANES & ORS.A.P.No.1542 of 2013 SREI EQUIPMENT FINANCE LIMITED Versus GOPALJ.HEAVY LIFTERS & ORS.A.P.No.1543 of 2013 SREI EQUIPMENT FINANCE LIMITED Versus GOPALJ.INFRASTRUCTURE SOLUTIONS & ORS.A.P.No.1548 of 2013 SREI EQUIPMENT FINANCE LIMITED Versus GOPALJ.INFRASTRUCTURE SOLUTIONS & ORS.A.P.No.1551 of 2013 SREI EQUIPMENT FINANCE LIMITED Versus DHANLAXMI CRANES & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th January, 2014. Appearance : Mr.S.Mukherjee, Adv.Ms Swati Agarwal, Adv for the petitioners Mr.Swataroop Banerjee, Adv.Mr.Avik Banerjee, Adv. for the Respondents The Court : By consent of parties A.P.No.1621 of 2013 is treated as on days list and the order which is passed in the above matters shall also govern the said applicati...
Sumitro Dasgupta Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-28-2014
ORDER SHEET WP No.359 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUMITRO DASGUPTA Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 28th January, 2014 Mr.Amal Baran Chatterjee, Advocate Mr.Sunanda Mohan Ghosh, Advocate ..for the petitioner Mr.Sadhan Roy Chowdhury, Advocate Mr.Sabhyasachi Roy Chowdhury, Advocate ..for the respondents The petitioner was a panel advocate of the State of West Bengal since 1977 till May, 2011. He is aggrieved because the bills raised by him for professional services rendered have not been cleared. I have heard learned advocates for the parties. It is not in dispute that the petitioner had been an empanelled advocate for nearly 34 yeaRs.In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent he is not entitled to the fees charged by him and to release such qu...
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