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Kolkata Court August 2014 Judgments

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Aug 25 2014

Brij Ratan Tusnial and ors. Vs. Meghraj Tusnial and ors.

Court: Kolkata

Decided on: Aug-25-2014

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA2209OF2014WITH CS247of 2014 BRIJ RATAN TUSNIAL AND ORS.Versus MEGHRAJ TUSNIAL AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th August, 2014. Mr.J.Chowdhury, Advocate for petitioners The Court :- The petitioners are the plaintiffs in this suit. The petitioners state that the parties have agreed to settle their dispute by executing a family settlement. In terms of the family settlement the petitioners have received Rs.5 crore out of Rs.12,37,94,796/-. It is submitted so far as the plaintiff is concerned plaintiff has performed its obligation in terms of the family settlement but the defendants had failed and neglected to perform their entire obligation. The respondent Nos.1 to 6 are in possession and control of the large tea estate namely Narsingpore Tea Estate. The defendants have also not conveyed flat No.10 situated at premises No.33 J.L.Nehru Road, Calcutta. The plaintiff states that defendan...


Aug 22 2014

A) State of Punjab : Sardar Prakash Singh Badal – Vs. V.K.

Court: Kolkata

Decided on: Aug-22-2014

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present: The Honble Justice Tapabrata Chakraborty W.P.No.1801 of 2008 Sr.SUBHAS CHANDRA BAR versus THE STATE BANK OF INDIA & ORS.For Petitioner : Mr.Partha Sarathi Bhattacharya, Mr.R.Pattanaik. For Respondents : Mr.A.K. Routh, Mr.S.Pal Chowdhury. Judgment On : 22nd August, 2014. Tapabrata Chakraborty, J. This application under Article 226 of the Constitution of India has been preferred challenging the entire disciplinary proceeding initiated on the basis of the charge-sheet dated 16th February, 2006 including the order of the Appellate Authority dated 8th August, 2007. The facts, in a nutshell, are that the petitioner joined on 1st October, 1997 as a Clerk under the State Bank of India (hereinafter referred to as SBI).As a bolt from the blue the petitioner was placed under suspension by an order dated 18th May, 2005 and subsequent thereto a charge-sheet was issued on 16th February, 2006 containing 26 articles ...


Aug 22 2014

Dwarkapati Developers Pvt. Ltd.Andanr. Vs. Dilip Sonkar and ors.

Court: Kolkata

Decided on: Aug-22-2014

ORDER SHEET GA No.2464 of 2014 With CS No.74 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DWARKAPATI DEVELOPERS PVT.LTD.Versus DILIP SONKAR & ORS.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd August, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.for the petitioner Mr.Malay Ghosh, Sr.Adv.Mr.A.Mukherjee, Adv.Mr.Ranjit Kr. Roy, Adv.Mr.Haradhan Mandal, Adv.Mr.Rupak Ghosh, Adv.Mr.Jayanta Sengupta, Adv..for the respondent no.7 Mr.Sanatan Panja, Adv.Smt. Shakuntala Mukherjee, Adv. Joint Receivers The Court : The earlier order passed in this proceeding would show that a direction was passed upon the parties not to create any third party interest in respect mentioned in the reports of the Joint ReceiveRs.of vacant land Mr.Abhrajit Mitra, learned senior counsel appearing on behalf of the petitioner draws my attention to a written objection by one of the intervenors to the report filed by the Joint Receivers alleging that a cowshed exists in a...


Aug 22 2014

Ravindra Kamlakant Shukla @ Ravindra K. Shukla Vs. Sri Ashutosh Awasti ...

Court: Kolkata

Decided on: Aug-22-2014

ORDER SHEET C.C.No.57 of 2014 With W.P.No.475 of 2012 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE RAVINDRA KAMLAKANT SHUKLA @ RAVINDRA K. SHUKLA Versus Sr.ASHUTOSH AWASTI, COMMISSIONER OF CUSTOMS [AIRPORT & ADMINISTRATION].CHA BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date : 22nd August, 2014. For Petitioner : Mr.Amrita Lal Chatterjee, Adv.For Respondent/Contemnor : Mr.S.B.Saraf with Mr.T.M.Siddiqui, Adversus This application for contempt is for violation of a judgement and order dated 9th October, 2012 passed by this court in W.P.No.475 of 2012 [Rabindra Kamalakant Shukla @ Ravindra K. Shukla & Anr. versus Commissioner of Customs (Airport & Administration) & Ors.].whereby this Court allowed the writ petition of the writ petitioner and directed that the application for license be disposed of within 60 days from the date of communication of the said judgement and order in the light of the observations made therein. This Court made it clear that the writ...


Aug 22 2014

Govind Promoters (P) Ltd. and ors. Vs. Birla Corporation Ltd. and ors.

Court: Kolkata

Decided on: Aug-22-2014

FORM No.J(2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURIDICTION ORIGINAL SIDE Present: THE HONBLE JUSTICE ANIRUDDHA BOSE T.A. No.136 of 2014 G.A. No.of 2014 T. No.294 of 2014 C.S. No.of 2014 Govind Promoters (P) Ltd. & Ors. Vs. Birla Corporation Ltd. & Ors. Advocates for the Petitioners:- Mr. Partha Sarathi Sengupta, Senior Advocate Mr. Anirban Roy, Mr. Suddha Satva Banerjee, Mr. Amit Agarwal. Advocates for the Respondent:- Mr. Anindya Kumar Mitra, Mr. Pratap Chatterjee, Mr. Abhrajit Mitra, (Senior Advocates) Mr. Paritosh Sinha, Mr. Amitesh Banerjee, Ms. Manju Bhuteria, Mr. Debanjan Mandal, Mr. Sanjiv Kumar Trivedi, Mr. Jishnu Chowdhury, Mr. Soumya Ray Chowdhury, Mr. Sarvapriya Mukjerjee, Mr. Satadip Bhattacharya, Mr. Saubhik Chowdhury Order On:- 22nd August, 2014. ANIRUDDHA BOSE, J.:- 1 1. This interlocutory motion has been taken out in connection with a suit instituted by three shareholders of Birla Corporation Limited (the respondent No.1 in this proceeding) claiming ...


Aug 22 2014

Smt. Kabita Sit Vs. Bikram Sen and ors.

Court: Kolkata

Decided on: Aug-22-2014

ORDER SHEET CC167of 2011 With WP1551of 2006 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction (Contempt) ORIGINAL SIDE SMT. KABITA SIT Versus BIKRAM SEN & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 22nd August, 2014. Appearance: Mr.Dilip Kumar Samanta, Adv.Mr.Biswapriya Samanta, Adv..for the petitioenr. Mr.Shamim ul Bari,Adv..for the alleged contemnor nos.1 and 2. The Court: Despite repeated directions were passed by this Court in connection with contempt proceeding from time to time, the order passed by this Court on 20th May, 2011 in WP No.1551 of 2006 remains unimplemented fully till today. A part payment of Rs.20 lakhs has been made to the petitioner but her remaining dues as per the order passed by this Court on 20th May, 2011 in WP No.1551 of 2006 has not yet been paid. Different pleas were taken by the alleged contemnor on different dates for the reason of non-compliance of the aforesaid order of this Court fully. Time and again this contempt applicatio...


Aug 22 2014

Devshar Fashion Pvt. Ltd. Vs. Diamond Shipping Co. Ltd. and ors.

Court: Kolkata

Decided on: Aug-22-2014

GA No.2445 of 2014 CS No.184 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DEVSHAR FASHION PVT.LTD.Versus DIAMOND SHIPPING Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd August, 2014. Appearance: Mr.Amritam Mondal, Advocate Mr.Kisen Agarwal, Advocate Mr.Kausik Chatterjee, Advocate Mr.Ashok Bhowmick, Advocate Mr.S.K.Das, Advocate Ms.Sharmila Basu, Advocate The Court: This is an application filed by the fiRs.defendant for review or modification of my order dated 10th July, 2014. By the said order, the fiRs.defendant was directed to deposit a sum of Rs.14,51,753/- in this court by 31st July, 2014. Otherwise the second defendant would be able to execute the order. The second defendant was directed to release the bill of lading in favour of the plaintiff immediately. Mr.Das, learned Advocate for the fifth defendant, submits that acting for the fiRs.and second defendants, his client released the goods, without the bill of lading in ...


Aug 22 2014

Ashish Kumar Tiwari and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Aug-22-2014

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.722 of 2014 ASHISH KUMAR TIWARI & ORS.Versus STATE OF WEST BENGAL & ORS.& WP No.563 of 2014 JUGESH KUMAR SINGH Versus STATE OF WEST BENGAL & ORS.Appearance Mr.Anjan Bhattacharya, Adv.Petitioner (in WP No.722 of 2014) Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.Anindya Bose, Adv.Petitioner (in WP No.563 of 2014) Mr.Sadhan Roy Chowdhury, Sr.Adv.State (in WP No.563 of 2014) Mr.Amitesh Banerjee, Adv.Ms.Sreemoyee Mitra, Adv.State (WP No.722 of 2014) Mr.P.S.Deb Burman, Adv.Md.M.N.Chowdhury, Adv.Respondent No.5 BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 22nd August, 2014. The Court : Having heard the learned advocates for the parties and upon perusing the instant application, it appears that allegations have been made by the writ petitioners in WP No.722 of 2014 with regard to the affairs of Shree Bal Krishna Vithal Nath Vidyalaya in the matter of selection of a Headmaster for the said school. So far as...


Aug 22 2014

Appellant Vs. Respondent

Court: Kolkata

Decided on: Aug-22-2014

GA No.785 of 2014 WITH PLA88of 1976 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE IN THE GOODS OF : SUBODH GOPAL BOSE[DECD.].BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd August, 2014. For Shambja Sarkar : Mr.R.L.Mitra,Advocate For Dipak Sarkar : Mr.Somnath Bose,Advocate With Mr.Nirmalya Dasgupta,Advocate Mr.Rabi Prosad Mookherjee,Advocate Ms.Shreya Ghosh,Advocate ..Joint Receivers The Court : - The offer given by the intending purchaser in respect of a property in question is a ridiculously low and the same cannot be accepted. All the legatees and the beneficiaries have agreed to the sale of the properties. In view thereof, the property shall be sold by public auction and/or private treaty. Appropriate notice shall be published by the Joint Receivers once in Bartaman and once in The Statesman. The terms and conditions shall be settled by the Joint Receivers in consultation withi the parties. The sale notice must also indicate the reserved price. The Joint Receivers shall also obtai...


Aug 22 2014

Sukdeb Mukhopadhyay and ors. Vs. Khalil Ahmed

Court: Kolkata

Decided on: Aug-22-2014

ORDER SHEET CC No.34 of 2013 W.P.No.1053 of 2008 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE SUKDEB MUKHOPADHYAY & ORS.Versus KHALIL AHMED BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 22nd August, 2014. Mr.Purnasish Gupta, Mr.Jayanta Mukherjee, Adversus for the petitioner Mr.L.C.Behani, Sr.Adv.for alleged contemner The Court : Mr.Behani appearing for the alleged contemner submits that compliance report has been filed. Department however has not supplied the said compliance report. Department is cautioned to be careful in the future. Copy of the compliance report however is submitted from the bar. Learned Counsel for the petitioner files objection to the compliance report. He draws my attention to the fact that the decision dated 11.5.2013 taken by the Municipal Commissioner is not in terms of the order passed by this Court. This Court by order dated 1st August, 2012 directed as follows : I, therefore, dispose of this writ petition by directing the ...



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