Kolkata Court November 2014 Judgments
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Tapan Samanta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-11-2014
ORDER SHEET WP1021of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TAPAN SAMANTA Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th November, 2014. Mr.S.N.Mukherjee, Adv..for the petitioner. Mr.Amal Kr. Sen, Sr.Govt. Adv.Ms.Ashima Das (Sil).Adv..for the State. The Court:- The complaint of the writ petitioner is that, his application at page 29 of the writ petition received by the Transport Department on July 18, 2014 has not been considered till date. The application at page 29 of the writ petition is for a road permit from Garbeta to Bhubaneswar via Laxannath. It is submitted on behalf of the respondents that, the road is an inter-state road and, therefore, the application has to be considered in the context of any vacancy in the reciprocal agreement. I have considered the rival contentions of the parties. The State Transport Authorities are required to consider and dispose of the application. The application of...
M/S. Mjunction Services Limited Vs. Bijoy Kumar Gupta and anr.
Court: Kolkata
Decided on: Nov-10-2014
ORDER SHEET C.S.No.43 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.MJUNCTION SERVICES LIMITED Versus BIJOY KUMAR GUPTA & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 10th November, 2014. Appearance : Mr.S.Ghosh, Adv.Ms.Suchishmita Chatterjee (Ghosh).Adv. for the plaintiff Mr.J.Ghorai, Adv.Mr.S.Banerjee, Adv. for proforma defendant The Court : The suit is for recovery of price of goods sold and delivered. The defendant entered appearance on February 20, 2012. The defendant did not file any written statement. The proforma defendant is represented. The plaintiff adduced one witness and tendered few documents in evidence. I have considered the case made out in the plaint, the evidence given and the documents marked as exhibits. The plaintiff entered into an agreement with the proforma defendant on March 31, 2005 as would appear from Exhibit A. By and under such agreement, the plaintiff acted as the e-auction agent of the proforma de...
Jogendra Kristo Dutt Vs. Nripendra Kristo Dutt and ors.
Court: Kolkata
Decided on: Nov-10-2014
ORDER SHEET GA2315of 2012 With CS592of 1975 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JOGENDRA KRISTO DUTT Versus NRIPENDRA KRISTO DUTT & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 10th November, 2014. Mr.S.Mukherjee, Adv.Mr.Moloy Kr. Seal, Adv..for the plaintiff. Mr.Sakya Sen, Adv.Mr.A.Pramanik, Adv..for the defendants. Mr.Ahin Choudhury, Sr.Adv.Mr.Dipendra Nath Chunder, Adv..for the defendant nos.3(a).3(b) & 3(c).The Court:-The Commissioner of Partition has submitted his report dated September 10, 2014, on the previous day. A period of fifteen days has lapsed since the submission of his report. The parties before me does not have any objection with regard to the report of the Commissioner of Partition dated September 10, 2014. The same is therefore accepted. The Commissioner of Partition will allow the parties of the respective allotees to erect the common partition wall. In the event of any dispute between the parties, the Commission...
Puja Singh (Chatterjee) Vs. Tapati Chatterjee and Others
Court: Kolkata
Decided on: Nov-10-2014
GA No.1002 of 2013 GA No.420 of 2013 GA No.2445 of 2012 CS No.287 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PUJ.SINGH (CHATTERJEE) Versus TAPATI CHATTERJEE & OTHERS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th November, 2014. Appearance: Mr.Rajarshi Dutta, Adv.Mr.Anirban Bose, Adv.Mr.S.Sen, Adv.Mr.N.K. Das, Adv.The Court : The plaintiff has filed this application for amendment of the plaint. It is stated that the age of the applicant has not been correctly mentioned in the verification of the plaint due to inadvertence as also in the affidavit filed in the interlocutory application. This prayer is opposed by the defendants on the ground that she is a stranger to the family and the suit filed is malicious and vexatious. The defence to the locus of the plaintiff is not being affected by this amendment. The defence that the defendants have urged against the amendment still remains and requires to be adjudicated at the trial. The Court, at this stage,...
Sunny Sales and Others Vs. Binod Khanna
Court: Kolkata
Decided on: Nov-10-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side G.A.No.910 of 2014 C.S.No.98 of 2014 & GA No.911 of 2014 CS No.99 of 2014 Sunny Sales & Others versus Binod Khanna Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Ranjan Bachawat, Sr.Adv., Mr.Sayantan Bose, Mr.Gautam Kr. Roy, Mr.Prithviraj Sinha.for plaintiffs Mr.Jishnu Saha, Sr.Adv.,Mr.Debnath Ghosh, Ms.Sananda Ganguly.for defendants Heard On: - 29.09.2014 Judgement On: - 10.11.2014 I.P.MUKERJI, J. G.A.No.910 of 2014 This interim application is taken out in a passing off suit, by the plaintiffs. They seek an order of injunction restraining the defendant from using the trade mark LIPU or any other mark which is similar to it. The fiRs.plaintiff is a registered partnership firm. The second, third and fourth plaintiffs are its partneRs.Their place of business is at 29/1C, Bentinck Street, Kolkata-700 001. Their business relates to import of sewing machines, cutting machines etc.and selling them in the Indian mar...
Shankar Lal Saraf and Sweety Todi Vs. Madhu Devi Saraf and ors.
Court: Kolkata
Decided on: Nov-07-2014
In The High Court At Calcutta Testamentary and Intestate Jurisdiction Original Side GA791of 2013 PLA267of 2005 In The Goods of: Shankar Lal Saraf & Sweety Todi -vs.Madhu Devi Saraf & ORS.Present : The Honble Justice Arijit Banerjee For Sweety Todi : Mr.Pradip Ghosh, Sr.Adv.Mr.Tilak Bose, Sr.Adv.Mr.Sarbapriya Mukherjee, Adv.Ms.Sananda Ganguly, Adv.For Amit Modi : Mr.Ratnanko Banerji, Sr.Adv.Ms.Lopita Banerji, Adv.Mr.Srijib Chakrabarti, Adv.Mr.Soumabho Ghosh, Adv.Mr.Ranabir Roy Chowdhury, Adv.For respondent No.1 : Mr.S.N.Mookherjee, Sr.Adv.Mr.Shaunak Mitra, Adv.Mr.Aashish Choudhury, Adv.Ms.Jai Kumar Surana, Adv.For respondent Nos.2 & 7 : Mr.Ranjan Deb, Sr.Adv.Heard On : 17th, 19th & 24th September, 2014 Judgment On : 07/11/2014 Arijit Banerjee, J. One Shankar Lal Saraf was a person of substantial means. He died having made and published a Will dated May 11, 2005 wherein he named his wife being the respondent No.1 in the present proceeding as the sole executrix of the Will. The respondent...
P and O Nedlloyd Ltd. and ors. Vs. Assistant Director of Income Tax
Court: Kolkata
Decided on: Nov-07-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Arindam Sinha W.P.No.457 of 2005 With W.P.No.458 of 2008 P & O Nedlloyd LTD.& ORS.versus Assistant Director of Income Tax International Taxation II, Kolkata For the petitioner : Mr.P.Kaka, Senior Adv.Mr.V.Kundalia, Adv.Mr.M.Kanth, Adv.For the Defendant no.1 : Late D.K.Shome, Senior Adv.Mr.R.K.Chawdhury, Adv.Ms.Saswati Joardar, Adv.Mr.Protyush Chatterjee, Adv.Heard on : 16.01.14, 27.02.14, 06.03.14, 11.03.14, 25.03.14, 26.03.14, 08.04.14, 29.04.14, 12.06.14, 24.06.14, 25.06.14 & 01.07.14. Judgment on : 7th November, 2014. Arindam Sinha, J. Two companies, one incorporated under the of laws relating to companies in the United Kingdom (UK) and another incorporated under the laws relating to companies in the Netherlands have filed this writ petition challenging a notice dated 25th March, 2004 issued under section 148 of the Income Tax Act, 1961 to P&O Nedlloyd (Partnership) requiring the...
V.K. Udyog Ltd. Vs. Niaz Ahmed and ors.
Court: Kolkata
Decided on: Nov-07-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Ashis Kumar Chakraborty 07.11.2014 GA2446of 2012 CS113of 2006 V.K.Udyog LTD.versus Niaz Ahmed & ORS.Mr.P.K.Ghosh, Senior Advocate Mr.Debashis Das, Advocate for the plaintiff Mr.Ritobroto Mitra, Advocate with Mr.Rupak Ghosh, Advocate Mr.M.A.Jabbar, Advocate for the defendant no.2 The Court :- The instant application has been taken out by the defendant no.2, praying for, dismissal of the suit on the grounds that the plaintiff has not served the writ of summons upon the defendant no.1 and in spite of earlier direction passed by this Honble Court the plaintiff has not disclosed its documents. In support of his fiRs.contention, Mr.Mitra appearing for the defendant no.2 relied upon an order dated June 13, 2012 passed by a learned Single Judge of this Court, directing the plaintiff to re-lodge the writ of summons within one week from that date. The said order expressly mentioned that the direction ...
Jalan Inter Continental Hotels Pvt. Ltd. Vs. Ensemble Infracom Pvt. Lt ...
Court: Kolkata
Decided on: Nov-07-2014
In The High Court At Calcutta Original Jurisdiction Original Side CP No.803 of 2013 In the matter of: Jalan Inter Continental Hotels PVT.LTD.versus Ensemble InfraCo.PVT.LTD.Present : The Honble Justice Mr.Arijit Banerjee For the petitioner : Mr.Ratanan Banerjee, Sr.Adv.Ms.Kabita Mukherjee, Adv.Mr.Maghajit Mukherjee, Adv.Mr.Manas Dasgupta, Adv.For the company : Mr.Jishnu Chowdhury, Adv.Mr.Rajesh Upadhyay, Adv.Heard on : 25/06/2014, 27/06/2014 and 24/07/2014 Judgment on: 07/11/2014 Arijit Banerjee, J. This is an application under Sections 433, 434 and 439 of the Companies Act, 1956. The petitioner claims that a sum of Rs.1,16,67,100/- (together with interest at the rate of 18 per cent per annum till March 31, 2013) is due from the company to the petitioner, which the company failed and neglected to pay in spite of statutory notice having been served on the company. As such the petitioner contends that the company is deemed to be unable to pay its debts and is liable to be bound up. The c...
Utkarsh Tubes and Pipes Ltd. Vs. Bharat Sanchar Nigam Ltd.
Court: Kolkata
Decided on: Nov-07-2014
In The High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA2429of 2013 CS278of 2013 UtkaRs.Tubes & Pipes LTD.-Vs.Bharat Sanchar Nigam LTD.Present : The Honble Justice Arijit Banerjee For the petitioner : Mr.Jishnu Chowdhury, Adv.Mr.Suddhasatva Banerjee, Adv.Mr.Chayan Gupta, Adv.Mr.Dwip Raj Basu, Adv.For the respondent : Ms.Gita Mukherjee, Adv.Heard On : 29th August & 24th September, 2014 Judgment On : 07/11/2014 Arijit Banerjee, J. This is an application for a judgment and decree on admission of a sum of Rs.27,62,620/- along with interest at the rate of 24 per cent per annum. The Petitioners Case: A notice inviting tender dated 1st September, 2007 for supply of USO Towers was issued by the respondent. The petitioner participated in the bid. The petitioners bid for supply of the towers to various sites at Gopalgunj, Siwan, Saran, Vishali, Begusarai, Khagaria, Araria and Purnia aggregating 20 pieces of towers was accepted by the respondent. Pursuant to negotiation...
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