Kolkata Court July 2014 Judgments
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2. M/S Landt Komatsu Ltd. – Vs. N. Udayakumar, Reported In
Court: Kolkata
Decided on: Jul-17-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present: The Honble Justice Tapabrata Chakraborty W.P.No.533 of 2009 Anjan Kumar Bhattacharjee versus The Kolkata Municipal Corporation & ORS.For Petitioner : Mr.Asimesh Goswami, Ms.Joyita Roy. For Respondent : Mr.L.C. Bihani. Judgment On : 17th July, 2014. Tapabrata Chakraborty, J. This Writ application has been preferred challenging the showcause notice dated 29th April, 2004, the charge-sheet dated 5th October, 2004, the enquiry report dated 27th March, 2007, the second show-cause notice dated 20th August, 2007, the order of the disciplinary authority dated 3rd July, 2008 and the appellate authority order dated 13th March, 2009. The facts, in a nutshell, are that the petitioner was initially appointed as a Guard under Kolkata Municipal Corporation (hereinafter referred to as the KMC) and thereafter by dint of his merit he availed promotion the post of Sergeant on 17th November, 1998. As a bolt from the blue...
Ranjeet Kumar Murarka Vs. Commissioner of Income Tax and Anr,
Court: Kolkata
Decided on: Jul-17-2014
ORDER SHEET WP No.1316 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RANJEET KUMAR MURARKA Versus COMMISSIONER OF INCOME TAX & ANR, BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 17th July, 2014. Appearance : Mr.R.N.Dutta, Adv.Ms.S.Roy Chowdhury, Adv.for the petitioner Ms.Smita Das De, Adv.for the respondent The Court : The facts and circumstances giving rise to this writ petition are that the petitioner, an individual assessee had filed his return of income for the assessment year 2001-02 on 12th March, 2002 before the A.O.ward 31 (4).Kolkata claiming refund of Rs.3,624/-. The said A.O did not issue any intimation under Section 143(1) of Income Tax Act, 1961 nor any order of assessment under Section 143(3) of the said Act and thus, the petitioner submits, the said return became final. In the assessment year 2002-03 the petitioner filed his return of income on 25th February, 2003 before the A.O.ward 54(4).Kolkata having jurisdiction over the pet...
Central Bank of India Vs. R.K. Agencies Ltd.
Court: Kolkata
Decided on: Jul-17-2014
1 ORDER SHEET GA No.2213 of 2014 APD No.357 of 2012 CS No.297 of 1987 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CENTRAL BANK OF INDIA Versus R.K.AGENCIES LTD.BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 17th July, 2014. Appearance: Mr.Hirak Mitra,Sr.Advocate with Mr.Sandwip Mukherjee and Ms.Usha Doshi, ld. Advocates for the appellant. Mr.S.N. Mookherjee, Sr.Advocate with Mr.Dhrubo Ghosh, Mr.Sarothy Dasgupta, Mr.U.S.Menon, ld. Advocates For the respondent. The Court :- Hearing of this appeal commenced on February 3, 2014. For some inconvenience on the part of the learned senior Counsel, hearing could not conclude. However, with the assistance of the learned Senior Counsel appearing for the parties we could reach at the concluding stage. Today is fixed for giving reply. Mr.Mitra, learned Senior Counsel appearing for the appellant has assured us, he would conclude today. At this stage, the appellant ba...
Cygnus Developers [India] Pvt. Ltd. Vs. Mrs. Shampa Shadhya and ors.
Court: Kolkata
Decided on: Jul-17-2014
ORDER SHEET GA NO.865 OF2014WITH ALP NO.24 OF2013IN THE HIGH COURT AT CALCUTTA Extra-Ordinary Civil Jurisdiction ORIGINAL SIDE CYGNUS DEVELOPERS [INDIA].PVT.LTD.Versus MRS.SHAMPA SHADHYA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th July, 2014. Mr.R.Chatterjee, Mr.D.R.Mukherjee, Mr.N.R.Banerjeeappear. Mr.J.Saha, Mr.S.Chowdhury, Mr.S.Ghose, Mrs.S.Bhadraappear. Mr.A.Kar, Mr.R.Upadhyayappear. The Court : This application is taken out by MRS.Shampa Shadhya. She is the fiRs.respondent in the application under clause 13 of the Letters Patent read with section 24 of the Code of Civil Procedure. She asks for vacation of the order dated 6th March, 2014 passed by this Court transferring a City Civil Court suit to the learned Sealdah court where another suit concerning the parties is pending. The reason advanced in the order to support the transfer is that the Sealdah court has territorial jurisdiction to entertain both the suits. Mr.Ranajit Chatterjee, learned counsel is absolutely r...
Raj Kumar Mali Vs. West Bengal Small Industries
Court: Kolkata
Decided on: Jul-17-2014
APOT No.270 of 2014 CS No.191 of 1996 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RAJ KUMAR MALI Versus WEST BENGAL SMALL INDUSTRIES CORPORATION LIMITED & ANOTHER BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE And The Hon'ble JUSTICE SHIB SADHAN SADHU Date : 17th July, 2014. Appearance Mr.Ajoy Krishna Chatterjee Mr.Murali Mohan Ray Appellant Mr.Subhasis Sarkar Respondent No.1 The Court : We are disturbed that Stamp Reporter did not take any objection as to the maintainability of the appeal. In this appeal, the respondent No.1 was described as West Bengal Small Industries Corporation Limited, but the plaintiff was the West Bengal Small Industries Development Corporation Limited. We are of the firm opinion that it was the duty of the Stamp Reporter to assist the Court by pointing out such mistake. The officer concerned is directed to be more careful. The Registrar, Original Side, is directed to draw the attention of the officer concerned, immediately. How...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-17-2014
ORDER SHEET CP No.461 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CAPTAIN DEALCo.P. LTD.AND RUCHI REALITY HOLDINGS LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 17th July, 2014. Mr.Anuj Singh, Adv.for the petitioner Mr.Saumya Ray, Adv.for the company The Court : The claim in this winding up application arises on account of sums paid as earnest money to the company by the petitioning creditor. The case of the petitioning creditor is that the parties had agreed to complete the property deal and for such purposes the petitioning creditor paid Rs.51 lakh as earnest money. The same was to be held by the company without the cheque being encashed till due diligence was completed. The company not only encashed the cheque but on failure of the transaction made, no effort to repay the said sum. Hence a statutory notice was issued on 4th January, 2013 to which a reply has also been given by the company on 9th January, 2013. In the said reply the company has in view...
Cargo Liners Pvt. Ltd. Vs. Yes Bank Ltd.
Court: Kolkata
Decided on: Jul-17-2014
GA No.2037 of 2012 CS No.137 of 2008 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Cargo Liners PVT.LTD.Versus Yes Bank LTD.Before: The Hon'ble Justice I.P.MUKERJ.Date: 17th July 2014 Appearance: Mr.Sakya Sen, Sr.Advocate Mr.Soumabho Ghose, Advocate for the defendant-petitioner Mr.Rudraman Bhattacharya, Advocate Mr.Paritosh Sinha, Advocate for the plaintiff-respondent The Court: Pendency of the suit is like a thorn in the flesh of the bank. They want it to be nipped in the bud. Hence this Order VII Rule 11 application. From the claims made in the plaint, it appears that the suit is for specific performance of an alleged agreement dated 6th November 2007. This alleged agreement, if fully carried out, would result in credit facilities being provided by the defendant-bank to the plaintiff. According to Mr.Sen, for the defendant-bank there is no agreement between the parties for providing any credit facilities. This would be borne out by the documents annexed to the pl...
Sanjay Poddar and anr Vs. Jaspal Singh Chandhok and anr
Court: Kolkata
Decided on: Jul-17-2014
1 ORDER SHEET GA No.2199 of 2014 APOT No.350 of 2014 CS No.994 of 1990 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SANJAY PODDAR AND ANR Versus JASPAL SINGH CHANDHOK AND ANR BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 17th July, 2014. Appearance: Mr.Jishnu Saha,Sr.Advocate, Mr.P.Sinha, Ms.Debamitra Adhikary, ld. Advocates For the appellant. Mr.Haradhan Banerjee, Mr.Mrinal Kanti Chatterjee And Ms.Somali Mukhopadhyay, ld. Advocates For respondent no.1 Mr.Sakya Sen, Sr.Advocate with Mr.Rahul Mondal Ld. Advocates for respondent no.2. The Court :- This appeal would be of the heard. The learned Judge declared the share plaintiff and the defendant no.1, that is not in dispute. The defendant no.3 has now come up in appeal. The facts reveal, defendant no.3 was a lessee with authority to construct a building as he claiMs.The defendantno.3 was not paying rent to the original lessee or their successor being the ...
Gls Esolution Private Limited Vs. Royd Enclave Owners’ Association a ...
Court: Kolkata
Decided on: Jul-17-2014
ORDER SHEET GA No.2234 of 2014 APOT No.362 of 2014 WP No.582 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GLS e-Solution Private Limited Versus Royd Enclave Owners Association & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 17th July, 2014 Mr.Tanmoy Mukherjee, Adv.with Mr.Raghunath Das, Adv.Mr.Indradeep Basu, Adv..for the appellant Mr.Sanjib Kumar Mal, Adv.with Mr.Atanu Roy Choudhury, Adv..for the respondents 1 & 2 Mr.Ambar Nath Banerjee, Adv.with Mr.Debangshu Mondal, Adv..for the KMC This application has been filed in connection with the appeal preferred from the order dated 3rd July, 2014 whereby a learned Judge of this Court issued several directions in respect of the flat no.1 on the 2nd floor of premises at 8/B, Royd Street, Kolkata 700 016. In view of the extreme urgency involved in this matter, leave has been granted to the appellant/petitioner herein to move this application as un...
Smt. Nirupama Saha and ors. Vs. Smt. Prativa Rani Saha and ors.
Court: Kolkata
Decided on: Jul-17-2014
ORDER SHEET GA NO.907 OF2014WITH CS NO.252 OF2011IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. NIRUPAMA SAHA & ORS.Versus SMT. PRATIVA RANI SAHA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th July, 2014. Mr.S.ChatterjeeappeaRs.Ms.R.GuhaappeaRs.The Court : The added defendant no.18 is the purchaser of the undivided 1/3rd portion of premises no.1/1B, Ananda Neogi Lane, Kolkata-700003. He bought this 1/3rd part of the property in 2012 from the tenth to seventeenth defendants. The second to ninth defendants apply before this Court to sell their 1/3rd share in the property. Learned counsel for Mr.Daga, the added defendant opposes this application. Being the purchaser of a 1/3rd share in the undivided property Mr.Daga will not allow other purchasers who, according to him, will interfere in his peaceful enjoyment of the property after its partition. Nevertheless since the tenth to seventh defendants were permitted by this Court to sell their ...
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