Kolkata Court May 2014 Judgments
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Eastern Coalfields Ltd. Vs. Sri Rasamay @ Rasamay Mondal and ors.
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET GA No.3438 of 2013 APO No.66 of 2014 WP No.74 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EASTERN COALFIELDS LTD.Versus Sr.RASAMAY @ RASAMAY MONDAL & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 14th May, 2014 Mr.Alok Banerjee, Adv.with Mr.Rajarshi Dutta, Adv.Mr.Partha Basu, Adv.Mr.Nikhil Roy, Adv..for the appellant Mr.Amal Baran Chatterjee, Adv.with Mr.Subrata Ganguly, Adv..for the respondents Ms.Durba Bandopadhyay, Adv..for the WBBSE In compliance with the earlier direction passed by this Court, Deputy Secretary (Records-Verification) of the West Bengal Board of Secondary Education produced the original records before this Court wherein the date of birth of the respondent-writ petitioner has been specifically mentioned as 14th January, 1952. The aforesaid date of birth has also been recorded in the statutory register maintained under the Mines Act, 1952. In the aforesaid ci...
Binod Khanna Vs. Sunny Sales and ors.
Court: Kolkata
Decided on: May-14-2014
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr. Justice Ashim Kumar Banerjee And The Honble Mr. Justice Arijit Banerjee G.A. No.1345 of 2014 A.P.O.T. No.209 of 2014 C.S. No.99 of 2014 And G.A. No.1347 of 2014 A.P.O.T. No.210 of 2014 C.S. No.98 of 2014 Binod Khanna Vs. Sunny Sales & Ors. For the Appellants : Mr. Jishnu Saha, Advocate Mr. Debnath Ghosh, Advocate Mr. Srenik Singhvi, Advocate Mr. Sananda Ganguly, Advocate For the Respondents : Mr. Pratap Chatterjee, Senior Advocate Mr. Ranjan Bachawat, Advocate Mr. Sayantan Bose, Advocate Mr. Prithviraj Sinha, Adovcate Mr. Goutam Ray, Advocate Heard on : April 29, 30 and May 6, 2014 Judgment on : May 14, 2014 ASHIM KUMAR BANERJEE, J.BACKDROP: The respondent filed a suit alleging passing off action as against the appellant for using the mark SUNSHINE. for the product that both parties would deal with. Soon after filing of the suit, the respondent moved an application for interi...
Eden Infrastructure Pvt. Ltd. and anr. Vs. Eden Reality Ventures Pvt. ...
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET T.A.No.79 of 2014 T. No.168 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE EDEN INFRASTRUCTURE PVT.LTD.& ANR. Versus EDEN REALITY VENTURES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 14th May, 2014. For Plaintiffs : Mr.Sudipto Sarkar & Mr.S.N.Mookherjee, Sr.Adversus with Mr.Abhrajit Mitra, Mr.Anirban Roy & Mr.Soumabho Ghose, Adversus For Defendant/Respondent No.1 : Mr.Jayanta Kr. Mitra & Mr.Surajit Nath Mitra, Sr.Adversus with Mr.Deepak Jain, Adv.For Defendant/Respondent No.2 : Mr.Debasish Kundu with Mr.Aryak Dutta & Ms.I.Hssan, Adversus There is a large tract of land in Bonhooghly, West Bengal. It is occupied by many persons. It is said that they are refugees. The land belongs to the government of West Bengal. The second plaintiff is a foreign company controlled by Mr.Michael John Ezra, the proforma defendant. According to Mr.Sudipto Sarkar, learned senior counsel for the plaintiffs, the fiRs.defendant company got the n...
Gopal Krishna Bhagat Vs. Nopany and Sons Pvt.Ltd. and anr.
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA14532014 APOT3282010 CS32009 AND GA14542014 APOT3282010 CS32009 GOPAL KRISHNA BHAGAT Versus NOPANY & SONS PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th May, 2014. Mr.Utpal Bose, Advocate Ms.Sutapa Sanyal, Advocate Mr.C.M.Ghorawat, Advocate for the applicant. Mr.Ranjan Deb, Sr.Advocate Mr.Ashis Chakraborty, Advocate Mr.Ravi Kapoor, Advocate for the respondent. The Court : Causes shown being sufficient, delay is condoned. The appeal is taken on record. Abatement is set aside. The Division Bench dismissed the appeal on December 10, 2013 as the appellant did not take any step after the death of the sole appellant. The present applications have been made for restoration as well as for bringing on record the widow of the deceased appellant in his place and stead. On perusal of the application we find, the then learned Advocate-on-Record was ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: May-14-2014
Company Application No.329 of 2014 In the High Court at Calcutta Original Jurisdiction ----------------- Dhunseri Petrochem & Tea Limited & ORS....Applicants. BEFORE: The Honble Justice PATHERYA Date: 14th May 2014 Mr.Ratnanko Banerjee, Mr.D.N.Sharma, Ms.Rusha Saha,advocates for applicants Supplementary affidavit filed be kept on record. A meeting of the Equity Shareholders of Dhunseri Petrochem & Tea Limited, being the Applicant Company No.1 abovenamed (hereinafter referred to as DPTL) for the purpose of considering, and, if thought fit, approving, with or without modification, the proposed Scheme of Arrangement between DPTL, Dhunseri Tea & Industries Limited, being the Applicant Company No.2 abovenamed (hereinafter referred to as DTIL) and Dhunseri Infrastructure Limited, being the Applicant Company No.3 abovenamed (hereinafter referred to as DIL) and their respective shareholders shall be convened and held at Kala Kunj, (Sangit Kala Mandir Auditorium Trust).48, Shakespeare Sarani, K...
Tata Capital Financial Services Limited Vs. Mohamad Akhlaque
Court: Kolkata
Decided on: May-14-2014
1 ORDER SHEET GA No.1430 of 2014 APOT No.228 of 2014 AP No.1376 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TATA CAPITAL FINANCIAL SERVICES LIMITED Versus MOHAMAD AKHLAQUE BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th May, 2014. Appearance: Ms.Bitika Kaur, ld. Advocate For the appellant. The Court :- The undelivered packet meant for the sole respondent has come back with the remark refused. Hence, we proceed exparte. The learned Judge permitted the Receiver to complete inventory, however, discharged him from further acting. Hence this appeal. Ms.Bitika Kaur, learned Counsel appearing for the appellant, submits if the respondent is not put to terMs.the asset would be in jeopardy. Ms.Kaurs argument sounds logical. We allow the appeal in part by modifying the order of the learned Single Judge by asking the Receiver to take possession of the asset forthwith. However, the Receiver would permit the respondent to use ...
Swapan Kumar Das and anr. Vs. Biswajit Maji and anr.
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET GA No.1394 of 2014 GA No.1395 of 2014 APOT No.221 of 2014 WP No.1190 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SWAPAN KUMAR DAS & ANR. Versus BISWAJIT MAJ.& ANR. BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 14th May, 2014 Mr.Arunava Ghosh, Adv.with Mr.Soumya Majumdar, Adv.Mr.Sunny Nandy, Adv..for the appellants Mr.Saptangshu Basu, Sr.Adv.with Mr.Partha Ghosh, Adv..for the respondents Mr.Amal Baran Chatterjee, Adv.with Mr.Subrata Ganguly, Adv..for the added respondent Mr.Anubhav Sinha, Adv.with Ms.Sanchita Barman Ray, Adv..for the Coal Company Mr.Anindya Lahiri, Adv..for the respondent no.16 Re: GA No.1394 of 2014 The applicants herein have prayed for leave to prefer an appeal from the judgment and order dated 31st March, 2014 whereby a learned Judge of this Court finally disposed of the writ petition upon observing that there is a glaring illegality in the selection process for...
Sibani Bhagat Vs. the State of West of Bengal and ors.
Court: Kolkata
Decided on: May-13-2014
ORDER SHEET WP No.419 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SIBANI BHAGAT Versus THE STATE OF WEST OF BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 13th May, 2014 Mr.Sanjay Saha, Advocate ..for the petitioner Mr.Sabhyasachi Roy Chowdhury, Advocate ..for the respondents The petitioner was a panel advocate of the State of West Bengal since 1999 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 12 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 n...
M/S. Ferro Crafts Vs. Indian Railway, Representing Through
Court: Kolkata
Decided on: May-13-2014
AP No.775 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.FERRO CRAFTS -VersusINDIAN RAILWAY, REPRESENTING THROUGH THE GENERAL MANAGER, CH Appearance: Mr.Suvadip Bhattacharyya, Adv...for the petitioner. Mr.Animesh Kanti Ganguly, Sr.Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 13, 2014. The Court : The petitioner invoked the arbitration agreement contained in the general conditions governing railway contracts by a letter of March 2, 2012. Such letter referred to the disputes between the parties and in its closing paragraph asserted as follows: We, therefore, invoke the arbitration clause in the G.C.C. and request that the aforesaid and other related disputes be referred for adjudication to the arbitral tribunal. We reserve out (sic, our) right to add, modify, specify our claims in the reference hereinafter. Despite due receipt of the letter of invocation, the appointing authority did not take appropriate st...
M/S. Krishi Rasayan and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: May-13-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE G.A.No.1157 of 2014 W.P.No.308 of 2014 M/S.KRISHI RASAYAN & ANR. Versus UNION OF INDIA & ORS.-AndG.A.No.1158 of 2014 W.P.No.305 of 2014 M/S.KRISHI RASAYAN & ANR. Versus UNION OF INDIA & ORS.-AndG.A.No.1159 of 2014 W.P.No.307 of 2014 M/S.KRISHI RASAYAN EXPORTS PVT.LTD.Versus UNION OF INDIA & ORS.-AndG.A.No.1160 of 2014 W.P.No.306 of 2014 M/S.KRISHI RASAYAN EXPORTS PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 13th May, 2014. For Petitioner : Mr.R.K.Chaudhary, Adv.For Respondents : Mr.S.B.Saraf, Adv.The learned Advocate appearing for the Customs authority says that since the license issued to the petitioner does not contain any endorsement relating to the import of Cartap Hydrochloride into plastic bags, such import cannot be allowed to be made. Though on an earlier occasion the customs authority raised a doubt over the authenticity and/or genuinity of the licen...
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