Kolkata Court May 2014 Judgments
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Dipak Das Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-16-2014
ORDER SHEET W.P.No.426 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE DIPAK DAS Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 16th May, 2014. Appearance: Mr.Durga Sankar Mullick, Adv. for the petitioner Mr.Sabyasachi Roychoudhury, Adv. for the State The Court: The petitioner was a panel advocate of the State of West Bengal since 2004 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 7 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 quantum of payment to the petitioner, as are found to be admissible. That wou...
…appellant. Vs. Orissa Manganese and Minerals Limited
Court: Kolkata
Decided on: May-16-2014
In the High Court at Calcutta Civil Appellate Jurisdiction Original Side. Present: The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Tarun Kumar Gupta G.A.No.2638 of 2012 G.A.133 of 2013 A.P.O.T.No.460 of 2012 A.P.No.245 of 2012 Synergy Ispat Private Limited. Appellant. Versus Orissa Manganese and Minerals Limited (Formerly Orissa Manganese and Minerals Private Limited) Respondent. For the appellant: Mr.Sakti Nath Mukherjee, Mr.S.N. Mookerji, Mr.Paritosh Sinha, Mr.Sabyasachi Chaudhury, Mr.Amitava Mitra, Ms.Dolon Dasgupta, Mr.Shaunak Mitra, Mr.Snehashis Sen. For the respondent: Mr.Sudipta Sarkar, Mr.Abhrajit Mitra, Mr.Abhijit Sinha, Ms.Mausumi Bhattacharya, Mr.Jishnu Chowdhury, Mr.Soumabho Ghosh, Mr.Anil Agarwalla. Judgment on: May 16, 2014. Subhro Kamal Mukherjee, J.: This is an appeal against judgment and order dated September 5, 2012 passed by the Honble Single Judge in A.P.No.245 of 2012, inter alia, rejecting an application under Section 9 of the Arbitration and Conc...
Rina Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-16-2014
WP No.406 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction RINA DAS Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 16th May, 2014. Appearance: Mr.Susanta Pal, Adv.Mr.Niladri Bhattacharjee, Adv.Mr.Rohit Chowdhury, Adv.Mr.Hiranmay Bhattacharyya, Adv.The Court : The petitioner is the widow of an erstwhile employee of Calcutta Tramways Company (1978) Limited who died after his superannuation in June, 2013. The petitioner complains that the gratuity due to the petitioners husband and the leave salary have not been paid by the employer. WP No.406 of 2014 is disposed of by directing the managing director of the employer company to look into the propriety of the petitioners claim and, if the claim is found to be valid, forward a request to the State Government through the Finance Secretary for release of appropriate funds such that the amount may reach to the petitioner within a period of three months from date with interest at the ...
Wigan and Leigh College (India) Ltd Vs. Sundeep Bhutoria and ors.
Court: Kolkata
Decided on: May-16-2014
ORDER SHEET GA15552014 APOT2542014 CS122014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE WIGAN AND LEIGH COLLEGE (INDIA) LTD Versus SUNDEEP BHUTORIA & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 16th May, 2014. Mr.Sakya Sen, Advocate Mr.P.C.Pal Chowdhury, Advocate Mr.Saurav Chaudhuri, Advocate Mr.Deepak Sabharwal, Advocate Mr.D.N.Mukherjee, Advocate for the appellant. Mr.Jishnu Chowdhury, Advocate Mr.Sarvapriya Mukherjee, Advocate for the respondent. The Court : We have heard the parties at length. The appellant has come at the ad interim stage. Normally, we do not entertain such appeal particularly when His Lordship directed the matter to be heard on affidavits. Mr.Sen appearing for the appellant would submit, the learned Judge already passed a decree for the rent component on the basis of admission that was highly disputed. Mr.Chowdhury would submit, the appellant accepted the order in Court and wanted to...
Toll Global Forwarding (India) Pvt Ltd Vs. Amrit Impex Pvt Ltd and anr ...
Court: Kolkata
Decided on: May-16-2014
ORDER SHEET GA15312014 APOT2242014 CS1082014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TOLL GLOBAL FORWARDING (INDIA) PVT LTD Versus AMRIT IMPEX PVT LTD & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 16th May, 2014. Mr.Sakya Sen, Advocate Mr.Sunil Singhania, Advocate Mr.Anupam Das Adhikari, Advocate for the appellant. Mr.Jishnu Chowdhury, Advocate Mr.Rupak Ghosh, Advocate Mr.Soumabha Ghose, Advocate for the respondent. The Court : Today, on the last day before the summer vacation, we are occupied with a novel case where we find a nice way of defrauding the creditor. The appellant before us was a carrier recommended by the buyer being the respondent no.2. The respondent no.1 sold the goods to the respondent no.2 and handed over the consignment to the appellant at the instance of the respondent no.2. The respondent no.2 would say, they did not receive the goods. Hence, money is not payable. The appellant w...
Gokuli Charan Behera Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-16-2014
WP No.404 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction GOKULI CHARAN BEHERA Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 16th May, 2014. Appearance: Mr.S.Srinivas, Adv.Mr.Niladri Bhattacharjee, Adv.Mr.Rohit Chowdhury, Adv.The Court : The grievance of the petitioner is that subsequent to the petitioner retiring from the service in the year 2000, a scheme was implemented under which pension was offered to the retired employees of Calcutta Tramways Company (1978) Limited. The petitioner appears to have come to know of the scheme only in 2006-07 and thereafter applied for pension. It is submitted by the petitioner that since the petitioner had returned to his native place in Orissa, the petitioner could not be persistent. The employer says that in view of the inordinate delay on the part of the petitioner to make a representation to the employer and to approach Court, the petition should be rejected. It is evident from the...
Commissioner of Income Tax, Centralii, Kolkata Vs. M/S. Glass Equipmen ...
Court: Kolkata
Decided on: May-16-2014
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Present: Hon'ble Justice Girish Chandra Gupta And The Hon'ble Justice Sudip Ahluwalia ITAT No.189 of 2013 G.A.No.3382 of 2013 COMMISSIONER OF INCOME TAX, CENTRAL-II, KOLKATA Versus M/S.GLASS EQUIPMENT (INDIA) LTD Heard on: 20.3.2014, 21.3.2014 & 2.4.2014 Hearing Concluded on: 2nd April, 2014 Judgment on : 16/05/2014 Advocate for the Appellant: Mr R.N.Bandopadhyay, Advocate Ms.SuklaDas Chandra, Advocate. Advocate for the Respondent: Mr.R.K.Murarka, Advocate Ms.Sutapa Roychoudhury, Advocate. GIRISH CHANDRA GUPTA J. : The subject matter of challenge in this appeal is a judgment and order dated 30th April, 2013 passed by the learned Income Tax Appellate Tribunal dismissing an appeal preferred by the Revenue and Cross Objection filed by the assessee. Aggrieved by the order, the Revenue has come up in appeal. The assessee has filed a Cross Objection. The facts and circumstances of the case are as follo...
Appellant Vs. Respondent
Court: Kolkata
Decided on: May-16-2014
ORDER SHEET CP No.246 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: URBANUS INFRASTRUCTURE DEVELOPMENT PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 16th May, 2014. Appearance : Mr.S.Datta, Adv.for Union of India. Mr.D.N.Sharma, Adv.Mr.Soumik Ghosh, Adv.Mr.Swali Sharma, Adv.for Urbanus Infrastructure Development P. LTD.The Court: Two several objections have been raised by the Central Government. The fiRs.objection relates to treatment of accounts as per accounting standard 14 for which provision has been made in the scheme itself. It is submitted on behalf of the applicant that the applicant is ready and willing to delete paragraph 14.1.3 of the scheme. In view of the aforesaid, the fiRs.objection raised by the Central Government stands satisfied. The second objection relates to non-convening of the meetings of the unsecured creditORS.The scheme of which sanction is sought is a scheme of amalgamation in which the shareholders a...
Nilima Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-16-2014
ORDER SHEET W.P.No.435 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE NILIMA DAS Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 16th May, 2014. Appearance: Ms.Nilima Das, Adv. In person Mr.Sabyasachi Roychoudhury, Adv. for the State The Court: The petitioner was a panel advocate of the State of West Bengal since 1989 till May, 2011. She is aggrieved because the bills raised by her 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 22 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 she is not entitled to the fees charged by her and to release such quantum of payment to the petitioner, as are found to be admissible. That would necessarily requ...
O.W. Bunker China Ltd. (Hong Kong) Vs. Owners and Parties Interested i ...
Court: Kolkata
Decided on: May-16-2014
ORDER SHEET GA15162014 AS82014 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE O.W.BUNKER CHINA LTD.(HONG KONG) Versus OWNERS AND PARTIES INTERESTED IN VESSEL M.V.YANGTZE XING XIU BEFORE: The Hon'ble JUSTICE PATHERYA Date : 16th May, 2014. Mr.R.Banerjee, Adv., with Mr.S.Banerjee, Adv.Mr.S.Roy, Adv.Mr.R.Mukherjee, Adv., for plaintiff. Mr.K.R.Thakkar, Adv.with Mr.S.Dey, Adv.Mr.Indradip Basu, Adv., ..for defendant. The Court : By order dated May 14, 2014, the subject vessel was arrested. This day, counsel for the owners submits that the bunkers were supplied to the demise charterer namely Orient Maritime International Holdings LTD.Invoice has also been raised on it and Orient has been accepted as a demise charterer by the plaintiff in paragraph 4 of the plaint. As a demise charterer, Orient was to provide the bunkers and therefore it is Orient who will be liable for payment thereof. The master of the demise ship is not a servant of the owners but is a servant of the cha...
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