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Kolkata Court October 2014 Judgments

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Oct 28 2014

Sarlaben Kapani @ Sarala Kapani Vs. Cesc Ltd. and ors.

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET WP947of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SARLABEN KAPANI @ SARALA KAPANI Versus CESC LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 28th October, 2014. Mr.Partha Pratim Roy, Adv.Mr.Monoj Mohalotra, Adv..for the petitioner. Mr.S.Khondekar, Adv..for the respondent no.4. Mr.Somnath Bose, Adv..for CESC LTD.Mr.C.Ghosh, Adv..for the State. The Court:- The writ petitioner has applied for new connection at a premises claimed to be under her occupation being premises no.113, Chittaranjan Avenue, Kolkata-700 073. In support of her contention that, she is a resident of such premises, she relies upon a certificate upon issued by the 2 local Councilor, a telephone bill standing in the name of her deceased husband and a communication of the Life Insurance Corporation of India addressed to her daughter. CESC Authorities have no objection to preventing a new connection to the writ petitioner subject to the writ petitioner comply...


Oct 28 2014

Bernd Ahrens Vs. M/S. Essar Inc. and ors.

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET GA NO.3011 OF2014WITH CS NO.1 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BERND AHRENS Versus M/S.ESSAR INC. & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th October, 2014. Mr.S.GhoshappeaRs.Mr.A.PoddarappeaRs.The Court : Considering the cause shown but also considering the costs the plaintiff has incurred in prosecuting this litigation, this application of the fiRs.and second defendants is allowed by permitting them to file their written statement/written statements by 21st November, 2014 upon payment of costs assessed at 600 GMs.to the advocate on record for the plaintiff. The third defendant is dead. His death is hereby recorded. Let his name be struck off from the cause title. By consent of the parties, this order is passed that the advocate on record for the fiRs.and second defendants will by 3rd November, 2014 furnish to his counter part for the plaintiff the names of the legal hear/heirs or representative/representa...


Oct 28 2014

Goutam Paul and anr. Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET GA18722014 GA13112014 APO2162014 WP862012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GOUTAM PAUL & ANR. Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 28th October, 2014. Mr.Arabinda Chatterjee, Senior Advocate Ms.Kakali Dutta, Advocate for the respondent nos.2 to 5. Mr.Susanta Pal, Advocate for the respondent no.6. The Court : The appeal is barred by 231 days. Causes shown being sufficient, delay is condoned. The appeal is taken on record. The application for condonation of delay is disposed of. Mr.Hiranmoy Bhattacharya is appearing for the appellants as we understand from Mr.Pal appearing for the writ petitioners/respondents. Despite repeated calls, Mr.Bhattacharya is absent. Hence, we take up the hearing in his absence. The Calcutta Tramways Company Limited issued an order of promotion appearing at page 14 of the application in GA13112014. From the list of promote...


Oct 28 2014

Appellant Vs. Respondent

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET CP759of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : RAWAT ISFS LTD.AND IN THE MATTER OF: COMMERCIAL ENTERPRISES BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 28th October, 2014. Appearance : Mr.K.C.Garg, Adv.for the petitioner The Court : On 25th September, 2014 the matter was adjourned till after vacation for further consideration only in order to give an opportunity to the company to be represented and contest the winding up application. However, it appears that the company is not interested in contesting the winding up application in spite of being put on notice. From the averments made in the instant winding up petition and from the statutory notice dated 12th June, 2014, it appears that a sum of Rs.4, 44, 265/- is due and payable to the petitioning creditor by the company. So far as the other dues, as reflected in the statutory notice is concerned, the same cannot be a subject matter for adjudication in the winding ...


Oct 28 2014

Shri Nanu Shakti Mandir Seva Trust Vs. Asst. Director of Income Tax (E ...

Court: Kolkata

Decided on: Oct-28-2014

GA No.1849 of 2014 WP No.1281 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Shri Nanu Shakti Mandir Seva Trust Versus Asst. Director of Income Tax (Exemption) I, Kolkata & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 28th October 2014 Appearance: Mr.Dipak Dey, Advocate for the petitioner Ms.Maitrayee Bhattacharjee, Advocate for the respondents The Court: Mr.Dey, learned counsel for the petitioner submits that the facts of this case are identical to those in WP No.1280 of 2013 (Dewdrops Merchants PVT.LTD.versus Income Tax Officer, Ward 1(4).Kolkata & Ors.) disposed of by this Court on 16th September 2014 and WP No.1284 of 2013 (Gangol VinCo.PVT.LTD.versus Income Tax Officer, Ward 1(4).Kolkata & Ors.) disposed of on the same day. The impugned order under Section 127 of the Income Tax Act, 1961 was passed on 4th September 2013. One need not investigate whether the facts in this case are similar to those in the other two matters because the tra...


Oct 28 2014

Jaydeep Majumdar Vs. the West Bengal Industrial

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA28362014 APO1132014 WP7942010 JAYDEEP MAJUMDAR Versus THE WEST BENGAL INDUSTRIAL DEVELOPMENT CORPN. LTD.& ORS.AND GA28372014 APO1142014 WP1432013 APURBA BANERJEE Versus THE WEST BENGAL INDUSTRIAL DEVELOPMENT CORPN. LTD.& ORS.AND GA25282014 APO1152014 WP1432013 APURBA BANERJEE Versus THE WEST BENGAL INDUSTRIAL DEVELOPMENT CORPN. LTD.& ORS.AND GA25292014 APO1162014 WP7942010 JAYDEEP MAJUMDAR Versus THE WEST BENGAL INDUSTRIAL DEVELOPMENT CORPN. LTD.& ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 28th October, 2014. Mr.Kallol Bose, Advocate for the appellant. Mr.L.K.Gupta, Senior Advocate Mr.D.K.Samanta, Advocate Mr.Mohit Gupta, Advocate Mr.A.Samanta, Advocate for the respondent. Ms.Chaitali Bhattacharjee, Advocate for the State in APO1142014. Mr.Manoj Malhotra, Advocate for the State in APO1162014. The Court : These four appeals would appear from a single co...


Oct 28 2014

National Project Construction Corporation Ltd. Vs. the Official Liquid ...

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET CA No.605 of 2014 WITH CP No.525 of 2005 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : REHABILITATION INDUSTRIES CORPORATION LTD.(IN LIQN.) AND IN THE MATTER OF : NATIONAL PROJECT CONSTRUCTION CORPORATION LTD.Versus THE OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 28th October, 2014. Appearance : Mr.A.K.Acharyya, Adv.Mr.S.Dutta, Adv.Mr.S.Saha, Adv.for the petitioner Mr.Anupam Dasadhikari, Adv.for the Official Liquidator The Court : This is an application taken out by a company, namely, National Project Construction Corporation LTD.(NPCCL) praying, inter alia, for the following reliefs :(a) The delay in filing this application be also condoned; (b) Leave be given to the applicant to file the proof of debts as annexure G of the application before the Official Liquidator, High Court, Calcutta. The legal representative of Rehabilitation Industries Corporation Limited (in liquidation).(c) The respondent/official...


Oct 28 2014

Amitava Chatterjee Vs. West Bengal Financial Corporation and ors.

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET WP No.502 of 2009 GA No.2288 of 2014 GA No.2286 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMITAVA CHATTERJEE Versus WEST BENGAL FINANCIAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 28th October, 2014. Appearance: Ms.Sumoli Mukhopadhyay, Adv.For the petitioner. The Court :- WP No.502 of 2009 is taken up in the second call along with two pending applications. The two pending applications were filed by the respondents. None appears for the respondents to press those two applications. None appears for the respondents in the writ petition also. In such circumstances, GA No.2288 of 2014 and GA No.2286 of 2014 are dismissed for default. The writ petitioner is the purchaser of assets of Alo Re-rolling Mill PVT.LTD.The said company is the owner of various plots of land. The writ petitioner is entitled to a conveyance in respect of the land belonging to the said company. The writ petitioner is also entitled to title ...


Oct 28 2014

Uco Bank Vs. Arup Basu Chowdhury and ors.

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET GA17582014 APOT2922014 WP1722014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UCO BANK Versus ARUP BASU CHOWDHURY & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 28th October, 2014. Mr.Soumen Das, Advocate Ms.Sourjya Roy, Advocate for the appellant bank. Mr.Sirsanya Bandapadhyay, Advocate for the respondent. The Court : By the order dated March 10, 2014 the learned Single Judge allowed the appellant-bank to initiate the disciplinary proceeding against the delinquent respondent in case they wish so, however, on the basis of the chargesheet already served upon him. The relevant part of the order is quoted below : In the event the bank wishes to pursue the matter any further, appropriate notice in such regard should be issued to the petitioner within a fortnight from date and the proceedings should thereafter be concluded within a period of three months thereafter. It is made clear that if the bank wishe...


Oct 28 2014

Ruchir JaIn Vs. MerlIn Tf Lake View

Court: Kolkata

Decided on: Oct-28-2014

ORDER SHEET G.A.No.1917 of 2014 C.S.No.149 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RUCHIR JAIN Versus MERLIN TF LAKE VIEW BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th October, 2014. For Petitioner : Mr.S.N.Mitra, Sr.Adv.with Mr.Navneet Misra, Adv.For Respondent : Mr.Abhrajit Mitra, Sr.Adv.with Mr.S.Bhattacharya, Adv.When this application was moved on 21st July, 2014, I directed Mr.Ghose, learned advocate for Kolkata Municipal Corporation to take instructions. I had also directed the parties to attend his chamber to assist him in the task. It is submitted in Court that till date no step has been taken by Mr.Ghose. None appears for Kolkata Municipal Corporation. Mr.S.N.Mitra, learned senior advocate, is at a loss to understand the notice dated 17th February, 2014 issued by Kolkata Municipal Corporation alleging that some development work had been undertaken which included filling up of a tank without the necessary permission. He argu...


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