Kolkata Court November 2014 Judgments
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Smt. Shibani Basu Vs. Ici India Limited and Anr.
Court: Kolkata
Decided on: Nov-19-2014
APO No.355 of 2012 WP No.1924 of 2003 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SMT. SHIBANI BASU Versus ICI INDIA LIMITED & ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 19th November, 2014. For Appellant : Mr.Bikash Ranjan Bhattacharya, Sr.Advocate Mr.K.H.Dassan, Advocate Ms.Mala Chakraborty, Advocate For Respondent No.1: Mr.Abhijit Chatterjee, Sr.Advocate Mr.Arindam Mukherjee, Advocate Mr.B.Boral, Advocate The Court : This appeal is against the order dated 18th June, 2012, passed by the Learned Single Judge. In brief the facts that led to the present situation are narrated as under. The appellant herein was an employee working in the fiRs.respondent company right from 1981 as a lady staff and discharged her duties for a period of 17 yeaRs.She raised a labour dispute against the management contending that she was illegally terminated on 31st December, 1997 under the guise of voluntary 2 retirement ...
…appellant. Vs. the official Liquidator and Others
Court: Kolkata
Decided on: Nov-18-2014
Form No.J(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Hon'ble Justice Subhro Kamal Mukherjee And The Hon'ble Justice Asim Kumar Mondal A.C.O.No.130 of 2013 A.C.O.No.140 of 2013 A.P.O.No.728 of 1998 C.A.No.468 of 1997 C.P.No.302 of 1989 Spark Dealers Private Limited Appellant. Versus The official Liquidator and others Respondents. For the appellant/respondent: Mr.Sakti Nath Mukherjee, Mr.Kishore Dutta, Mr.A.C.Kar, Mr.D.Mukherjee, Mr.R.Roy Chowdhury. For the petitioner: Mr.Soumendra Nath Mookerjee, Mr.Joy Saha, Mr.Sakya Sen, Mr.Subhankar Nag, Mr.Lalratan Mandal. For Spark DealeRs.Mr.Jayanta Mitra, Mr.Ratnanko Banerjee, Mr.Saunak Sengupta. For Ontime Cargo and Couriers PVT.Ltd.: Mr.Mr.Mr.Mr.Judgment on: November 18, 2014. Samit Talukdar, Srijib Chakraborty, Kuldip Mallick, Aasish Choudhury. Subhro Kamal Mukherjee, J.: We are invited to decide an application for review filed under A.C.O.130 of 2013 by Omnitech Engineers (India) Private Limited ...
Harish Chand Shaw Vs. Pankaj Jaiswaland ors.
Court: Kolkata
Decided on: Nov-17-2014
GA No.3553 of 2013 CS No.1166 of 1965 GA No.1730 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HARISH CHAND SHAW -VersusPANKAJ JAISWAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 17th November, 2014. The Court : It appears that the partition suit actually stood dismissed by an order 10th dated September, 1974. Surprisingly, from time to time different applications were filed and orders were passed on the assumption that the suit is pending. None of the parties, who had obtained such orders or were represented in such proceedings, had ever brought to the notice of the learned Judge taking up the matters that the suit was dismissed on 10th September, 1974. The Court, on the basis that the lis is pending, had passed orders from time to time giving rise to the present complications. The Court for the fiRs.time became aware of the dismissal of the suit on 9th December, 2010 when the substituted defendant Nos.2(a).brought such fact to the no...
Dr Subhas Ray Chaudhuri Vs. University of Calcutta and ors
Court: Kolkata
Decided on: Nov-14-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present: The Honble Justice Tapabrata Chakraborty W.P.No.1138 of 2008 DR SUBHAS RAY CHAUDHURI Versus UNIVERSITY OF CALCUTTA & ORS For Petitioner : Mr.Ashis Sanyal, Mr.K.K. Chakraborti, Mr.S.S. Chakraborti. For Respondents no.3, 4&5 : Mr.Bharat Bhusan. Judgment On : 14th November, 2014. Tapabrata Chakraborty, J. This writ application has been preferred challenging the order of suspension dated 2nd July, 2003, the charge sheet dated 2nd August, 2003, the inquiry report dated 17th March, 2008, the second show cause notice dated 16th May, 2008 and the final order of punishment dated 12th June, 2008. The broad essential facts, which need to be adumbrated for the decision of the instant writ application, are that the petitioner was conferred the Master of Commerce Degree after he passed the said examination securing 1st Class marks. Thereafter the petitioner was conferred Ph.D.in Accountancy from the University of C...
Rajat Fiscal Services Private Limited and anr. Vs. the Oriental Bank o ...
Court: Kolkata
Decided on: Nov-14-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Debangsu Basak W.P No.769 of 2014 Rajat Fiscal Services Private Limited & Anr. versus The Oriental Bank of Commerce & ORS.For the Petitioners : Mr.Arindam Banerjee, Advocate Ms.Arpita Saha, Advocate Mr.Sushil Kr. Sewah, Advocate For the Respondents : Md.Matibur Rahman, Advocate Md.Nasiruddin, Advocate Md.Abid Jamal, Advocate Ms.Pratima Ray Chowdhury, Advocate Hearing concluded on : November 11, 2014 Judgment on : November 14, 2014 DEBANGSU BASAK, J.:The petitioners seek refund of purchase price from the Respondent No.1. The Petitioner No.1 is the purchaser of an immovable property put up for sale by the Respondent No.1 under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002).It is submitted on behalf of the petitioner that, the Respondent No.1 published an advertisement putting up various im...
Ravi Sanei Vs. Rajesh Sanei and ors.
Court: Kolkata
Decided on: Nov-13-2014
GA No.3294 of 2014 APO No.432 of 2014 CS No.330 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RAVI SANEI Versus RAJESH SANEI & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th November, 2014. For Appellant : Mr.Anindya Kumar Mitra, Sr.Advocate Mr.Abhrajit Mitra, Sr.Advocate Mr.Kumar Gupta and Mr.Chayan Gupta, Advocates For Respondent Nos.1-4 : Mr.S.N.Mookerjee, Sr.Advocate Mr.Ratnanko Banerji, Sr.Advocate Mr.Aniruddha Ray, Mr.Nirmalya Dasgupta, Mr.D.Dey & Mr.S.Mukherjee, Advocates For Respondent Nos.5,6,11-13 : Mr.Rupak Ghosh, Advocate Mr.Santosh Kr. Roy, Ms.Bitika Kaur, Advocates The Court: Heard learned senior counsel Mr.Anindya Kumar Mitra, for appellant/defendant and learned senior counsel Mr.S.N.Mookerjee, for respondents/plaintiffs. The appeal is at the instance of some of defendants before the trial court. At the instance of fiRs.defendant herein, a suit came to be filed before the Learne...
Om Prakash Prasad Vs. Official Trustee of West Bengal and ors.
Court: Kolkata
Decided on: Nov-13-2014
G.A.No.2375 of 2014 APOT393of 2014 WP52of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction In Appeal From Its Constitutional Writ Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Ashis Kumar Chakraborty Om Prakash Prasad versus Official Trustee of West Bengal & ORS.Appearance: Mr.Soumya Majumder, Advocate Mr.Anindya Lahiri, Advocate, Mr.Prajnadeepta Roy, Advocate ..For Appellant Mr.Indranil Nandi, Advocate Mr.Deba Prasad Samanta, Advocate .For Official Trustee Mr.Sanjay Bose, Advocate, Ms.Ahana Sikdar, Advocate, Ms.Tannistha Lahiri, Advocate .For Private Respondent Heard On:- 28.10.2014 Judgement On: - 13.11.2014 Ashis Kumar Chakraborty, J. This appeal is at the instance of appellant/writ petitioner against an order dated July 8, 2014 passed by the learned Single Judge rejecting his prayer to rescind / revoke the directions dated September 7, 2007 and September 27, 2007 issued by the respondent No.1, the Official T...
Om Prakash Prasad Vs. official Trustee of West Bengal and Ors.
Court: Kolkata
Decided on: Nov-13-2014
G.A.No.2375 of 2014 APOT393of 2014 WP52of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction In Appeal From Its Constitutional Writ Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Ashis Kumar Chakraborty Om Prakash Prasad versus Official Trustee of West Bengal & ORS.Appearance: Mr.Soumya Majumder, Advocate Mr.Anindya Lahiri, Advocate, Mr.Prajnadeepta Roy, Advocate ..For Appellant Mr.Indranil Nandi, Advocate Mr.Deba Prasad Samanta, Advocate .For Official Trustee Mr.Sanjay Bose, Advocate, Ms.Ahana Sikdar, Advocate, Ms.Tannistha Lahiri, Advocate .For Private Respondent Heard On:- 28.10.2014 Judgement On: - 13.11.2014 Ashis Kumar Chakraborty, J. This appeal is at the instance of appellant/writ petitioner against an order dated July 8, 2014 passed by the learned Single Judge rejecting his prayer to rescind / revoke the directions dated September 7, 2007 and September 27, 2007 issued by the respondent No.1, the Official T...
Toshniwal Enterprises Controls Pvt. Ltd. and Anr. Vs. State of West Be ...
Court: Kolkata
Decided on: Nov-11-2014
ORDER SHEET WP1018of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TOSHNIWAL ENTERPRISES CONTROLS PVT.LTD.& ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th November, 2014. Mr.Kishore Datta, Sr.Adv.Mr.Indranil Roy, Adv.Ms.Sumita Bhattacharya, Adv..for the petitioner. Mr.A.Majumder, Adv..for the State. Mr.Debnath Ghosh, Adv..for the respondent no.7. The Court:- The writ petitioners seek a direction upon the respondent to release a sum in excess of Rs.1.90 crores along with interest at the rate of 18 per cent per annum on the ground that, the writ petitioners had executed work for supply of Global Positioning System (G.P.S.) Enabled Tracking Devices. Mr.Kishore Datta, learned Senior Advocate for the petitioners submits that the writ petitioners have entered into two contracts with the respondent no.7 for supply of G.P.S.Enabled Tracking Devices. The writ petitioners duly supplied the goods. According to him,...
Suniti Kumar Biswas Vs. State Bank of India and Ors.
Court: Kolkata
Decided on: Nov-11-2014
1 ORDER SHEET GA No.2198 of 2014 APOT No.351 of 2014 WP No.1854 of 2004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SUNITI KUMAR BISWAS Versus STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 11th November, 2014. Appearance: Mr.Ranajit Chatterjee, ld. Advocate For the Claimant. Mr.S.Pal Chowdhury, ld. Advocate For the Respondent. The Court :- The appellant was an employee of the Bank. He was a clerical staff. He obtained overdraft facility from its employer Bank. The Bank would contend, the overdraft facility was extended in exchange of a security that the appellant, by utilizing his position, got hold of and encahsed causing loss to the bank. However, the appellant subsequently paid off the overdraft amount. According to the appellant, the bank overcharged interest. The appellant was proceeded with departmentally on the charge of misappropriation, breach of trust and other related charges. Th...
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