Kolkata Court July 2014 Judgments
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Shri Krishnakant Balkishan Laddha and anr. Vs. Kailash Agarwal
Court: Kolkata
Decided on: Jul-22-2014
1 ORDER SHEET GA No.2194 of 2014 GA No.2195 of 2014 APOT No.196 of 2014 CS No.281 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHRI KRISHNAKANT BALKISHAN LADDHA & ANR. Versus KAILASH AGARWAL GA No.2196 of 2014 GA No.2197 of 2014 APOT No.197 of 2014 CS No.282 of 2011. SHRI KRISHNAKANT BALKISHAN LADDHA & ANR -VS SCOPE COMMODEAL PVT LTD.BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 22nd July, 2014. Appearance: Mr.Sandip Kr. Bhattacharjee, Mr.Suman Basu And Mr.Abdul Mosood, ld. Advocates for the appellant. Mr.Debnath Ghosh, Mr.S.Sengupta and Mr.Avhijit Dey, ld. Advocates for the respondent. The barred by 23 days. Court Causes :being These two appeals sufficient, delay are is condoned and the appeals are taken on record. The appellant entered into a financial transaction with the respondent. The respondent claimed, in the fiRs.case in CS No.281 of 2011, he advanced a sum of Rs.55.5 lac and in the sec...
Sm. Jayasree Ghosh Vs. Smt. Chita Basu Mallick and anr.
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET TS No.2 of 2001 With PLA No.225 of 1999 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE IN THE GOODS OF: SMT. ARUNA BASU MALLIK (DECEASED) AND SM. JAYASREE GHOSH VERSUS SMT. CHITA BASU MALLICK & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd July, 2014. Appearance: Mr.Debmalya Ghosal, Adv.Mr.Sarosij Dasgupta, Adv.The Court: Mr.Debmalya Ghosal, learned Counsel appearing with Mr.Sarosij Dasgupta prays for examination of the propounder on commission. The said prayer is not being opposed by the learned Advocate representing the caveatrix. In view of the aforesaid, Mr.P.N.Dutta, learned Senior Advocate and a member of the Bar Library Club is appointed as the Commissioner to record the evidence of Smt. Jayasree Ghose, residing at Nataraj Building, 37, Gold Park, Rajdanga, Calcutta 700 078 at a consolidated remuneration of 1000 GMs.to be paid by the plaintiff. Since the original Will and codicil is required to be produced before the wit...
Surajit Roy Vs. Registrar General, High Court at Calcutta and ors.
Court: Kolkata
Decided on: Jul-22-2014
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Dipankar Datta W.P. No.834 of 2013 Surajit Roy vs. Registrar General, High Court at Calcutta & ors. For the petitioner : Mr. Durga Prasad Dutta, Advocate Mr. Kaustav Chandra Das, Advocate For the respondent No.3 : Mr. Sandip Bhattacharya, Advocate For the other respondents : None Hearing concluded on : January 28, 2014 Judgment on : July 22, 2014 1. The petitioner was an employee of this Court. He entered service in September, 1969 as a Lower Division Assistant and ultimately, after rendering more than 4 decades of service, retired on attaining the age of superannuation on September 30, 2010 while he was the Deputy Registrar (Judicial), Appellate Side.2. In this writ petition dated August 13, 2013, the petitioner has voiced his grievance arising out of inaction and/or refusal of the respondents, which includes his pension sanctioning authority i.e. the Registrar General of this Cou...
Jayanta Kumar Aryya and anr. Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Jul-22-2014
WP No.1140 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction JAYANTA KUMAR ARYYA & ANR. Versus UNIVERSITY OF CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date : 22nd July, 2014. For the Petitioners : Mr.Sadananda Ganguly, Adv.Mr.Sandip Kr. Dey, Adv.For the Respondents : Mr.Biswarup Bhattacharya, Adv.Ms.Reshmi Ghose, Adv.The Court : This is the second writ petition filed by the widow of the deceased professor claiming pensionary benefits after adding her husbands service period spent in Barrackpor Children Home from 1952 to 1953 and in Presidency College, 7A/9, W.E.A., Karolbagh, New Delhi from 1954 to 1969 and also the period of service as lecturer in Gourmohan Sachinmandal Mahavidyalaya (College).Bireswarpur, South 24-Paraganas. The writ petitioner moved the fiRs.writ petition being WP No.844 of 2008 which was disposed of after contested hearing by an order dated September 8, 2008, directing the petitioner to submit a further representation ...
Kumkum Mittal and ors. Vs. RobIn Paul and ors.
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET G.A.No.2238 of 2014 With E.O.S.No.1 of 1985 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE KUMKUM MITTAL & ORS.Versus ROBIN PAUL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 22nd July, 2014. Appearance: Mr.Aniruddha Mitra, Adv. for the applicants/defendants Mr.Anirban Roy, Adv.Mr.S.K.Kundu, Adv.Mr.Ashok Bhoumik, Adv.Mr.S.Mukherjee, Adv. for the respondents/plaintiffs The Court: The application made at the behest of the defendant no.1 for reexamination of its fiRs.witness on the ground that in cross-examination the witness of the defendant no.1 referred to various documents and as such, the defendant no.1 should be allowed to re-examine his witness to produce such documents in evidence. On behalf of the defendant no.1 reliance was placed on Section 138 of the Indian Evidence Act and it was submitted that, the defendant no.1 was entitled to recall his witness to explain the matters which had come up in cross-examination and that in ...
M/S. Banwarilal Pasari Vs. Anandilal Narendra Kumar and ors.
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET CS No.142 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.BANWARILAL PASARI Versus ANANDILAL NARENDRA KUMAR & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd July, 2014. Appearance: Mr.Abhrajit Mitra Sr.Adv.Mr.Jishnu Chowdhury, Adv.Mr.Aniruddha Mitra, Adv.Mr.Debmalya Ghosal, Adv.Mr.Sarosij Dasgupta, Adv.The Court: After considering the pleadings and the issues filed by the parties the following issues are settled and set down for trial:1) Was the defendant no.1 obliged to deliver back possession of the suit premises to the plaintiff upon receipt of the letter dated 26th February, 2001?.2) Are the defendant nos.3 to 8 entitled to remain in possession of the suit premises?.3) Is the plaintiff entitled to decree for vacant and peaceful possession of the suit premises as against the defendants?.4) Is the plaintiff entitled to mesne profit from the defendants and if so at what rate?.5) Are the defendant nos.10 and 11 can claim ...
Alpha Overseas International Pvt. Ltd. and ors. Vs. Navneet Rohatgi
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET GA NO.1696 OF2014WITH CS NO.193 OF2014GA NO.1729 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ALPHA OVERSEAS INTERNATIONAL PVT.LTD.& ORS.Versus NAVNEET ROHATGI BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd July, 2014. Mr.J.Saha, senior advocate, Ms.A.Saha, Ms.P.Prasad, Ms.R.Kajariaappear. Mr.J.Chowdhury, Mr.A.Basu, Mr.A.Sarkarappear. The Court : Two applications connected with this defamation suit are before me. One is the interim application of the plaintiffs [GA No.1696 of 2014].The other is the application by the defendant for dismissal of the suit on Order VII Rule 11 grounds [GA No.1729 of 2014].The fiRs.plaintiff is a Private Limited Company. It has principally three shareholdeRs.the second plaintiff, the third plaintiff and the defendant. The second and third plaintiffs are husband and wife and hold about 80% shares in this Company. The defendant holds about 20% shares. All three of them are the directors of this Compan...
Sital Prasad Singh Vs. the Principal Secretary, Dept. of Excise
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET W.P.No.308 of 2008 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SITAL PRASAD SINGH Versus THE PRINCIPAL SECRETARY, DEPT. OF EXCISE BEFORE: The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date: 22nd July, 2014. Appearance: Mr.Nirmalya Biswas, Adv.Mr.Anirban Dalui, Adv.Mr.M.M.Ray, Adv. for the petitioner Mr.Soumitra Mukherjee, Adv. for State The Court: The subject matter of challenge in the instant writ application is the order dated 18th September, 2007 passed by the Secretary, Excise Department, Government of West Bengal. Mr.Biswas, learned Advocate appearing for the petitioner, submits that the said order dated 18th September, 2007 has been challenged by the petitioner in the backdrop of the facts that the petitioner initially applied for grant of a Foreign Liquior Off Shop at the site offered at No.16, Prem Chand Boral Street, Kolkata-700012 (hereinafter referred to as the said site).But the said application was kept pending by the parties on a p...
R . K . Khanna and ors Vs. Life Insurance Corporation of India and ors
Court: Kolkata
Decided on: Jul-22-2014
W.P.No.485 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE R . K . KHANNA AND ORS Versus LIFE INSURANCE CORPORATION OF INDIA AND ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 22nd July, 2014. For Petitioner : Mr.Bikash Ranjan Bhattacharyay,Sr.Advocate Mr.K.Mondal,Advocate Ms.S.Bose,Advocate For KMC : Mr.Dipankar Chakraborty,Advocate Mrs.Sima Chakraborty,Advocate For LIC : Ms.Sanjukta Ray,Advocate The Court : In this writ petition, the petitioners who are occupants of the premises concerned, have prayed for a direction upon the Life Insurance Corporation of India to ensure supply of water. The matter was taken up from time to time. By order dated 25th June, 2014, the Executive Engineer, Water Supply, Borough-I, the Kolkata Municipal Corporation, the respondent no.8 was directed to depute a personnel, having adequate experience, to crosscheck as to whether all occupants of the said premises are having supply of water and was directed to file a r...
Shikha Holdings Pvt Ltd Vs. Commissioner of Income Tax, Kolkata1, Kolk ...
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET ITA No.226 of 2006 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE SHIKHA HOLDINGS PVT LTD VERSUS COMMISSIONER OF INCOME TAX, KOLKATA-1, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DR MRINAL KANTI CHAUDHURI Date : 22nd July, 2014. Mr S.Bagchi, Advocate with Mr.G.R.Sharma, Advocate for the Appellant Ms.Smita Das De, Advocate for the Respondent The Court : The appeal arises out of an order dated February 7, 2006 by which an appeal preferred by the Revenue was allowed setting aside the order passed by the CIT (Appeal) reversing the orders passed by the Assessing Officer. The assessee-appellant has come up in appeal. The following questions were raised by the assessee-appellant. I. Whether on the facts and in the circumstances of the case the Tribunal erred in holding the stray isolated sales of a few of its investment shares as the assessees trading despite the assessees intention manifest in projection of the sha...
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