Kolkata Court August 2014 Judgments
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Kedarnath Radha Kishan and ors. Vs. the Bengal Bonded Warehouses Asson ...
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET GA2358of 2014 With CS833of 1982 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE KEDARNATH RADHA KISHAN & ORS.Versus THE BENGAL BONDED WAREHOUSES ASSON. BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 18th August, 2014. Ms.Sutapa Sanyal, Adv.Mr.Amitava Basu, Adv.Mr.Abhijit Sarkar, Adv..for the petitioneRs.Mr.Debdut Mukherjee, Adv.Ms.Pritha Basu, Adv..for the respondent no.1 The Court: The matter is taken up for hearing. Heard the learned Advocate appearing on behalf of the petitioners and also the office. Affidavit in opposition has been filed. Let it be kept with the record. It is submitted by the learned Advocate appearing on behalf of the petitioners that his clients were seven plaintiffs out of twelve plaintiffs in CS No.833 of 1982 which was dismissed for default as per order of this Court dated 03.02.2005 and the present petitioners were totally unaware as to the order of dismissal and they came to know only on 26th June, 2014 from the news items Annexure (c) that t...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET G.A.No.3224 of 2013 With P.L.A.No.272 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IN THE GOODS OF: BAIJ NATH AGARWAL @ AGARWALA (DECEASED) BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 18th August, 2014. Appearance: Mr.Aniruddha Mitra. Adv.Mr.Saumabho Ghose, Adv.Mr.G.S.Gupta, Adv. for the petitioners Mr.S.Sen, Adv.Mr.A.K.Upadhyay, Adv. for the respondents The Court: The executrix filed this application for certain directions; one of which pertains to payment of some amount to the widow of the said deceased. Excepting the son all the other legal heirs of the said deceased had consented to the grant of probate. The son, although, had filed a caveat but did not file any affidavit in support of the caveat. Considering the averments made in the petition, this Court is of the view that, the widow should be paid a sum of Rs.10,000/- per month by the Dhanalakshmi Bank Limited, Salt Lake, B-33, Sector-I from the saving bank account maintai...
Voith Paper Technology (India) Private Limited Vs. Somindra Chandra Bh ...
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS No.154 of 2007 VOITH PAPER TECHNOLOGY (INDIA) PRIVATE LIMITED Versus SOMINDRA CHANDRA BHATTACHARJEE & ANOTHER BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th August, 2014. For Plaintiff : Mr.Utpal Bose, Senior Advocate with MRS.Suchismita Chatterjee The Court : The claim in this suit arises out of a contract of employment dated 30th June, 2003 between the plaintiff and the fiRs.defendant. From 1st July 2003 the fiRs.defendant started working with the plaintiff. The plaintiff was carrying on the business of supplying machinery and equipment to the pulp and paper industries of this country. The fiRs.defendants designation was Manager. He was in the plaintiffs Covenanted Cadre, Grade-I. For a period of four months, the fiRs.defendant was to be sent on training at the establishment of Voith Paper Fibre Systems GMBH & Co.KG, at Ravensburg, Germany. At the time of being sent on training, the pl...
Ashok S. Soni and ors Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET W.P.No.680 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASHOK S. SONI AND ORS Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th August, 2014. Appearance : Mr.Saptanshu Basu, Sr.Adv.Mr.Sourav Mondal, Adv. for the petitioner Mr.Alok Kr. Ghosh, Adv.Mr.Jugal Ch. Porel, Adv.Ms.Piyali Sengupta, Adv. for the K.M.C.The Court : This writ application can be disposed of at the court application stage. All the relevant papers are before the Court. Affidavits are not invited. The allegations in this petition are deemed not to be admitted. On 24th January, 2014, Kolkata Municipal Corporation advertised in the media, inviting offers for securing rights in branding advertisements on Street Light Pole Kiosks. According to the writ petitioneRs.they are the highest bidders but their bid is not being accepted for some minor omissions on their part. These omissions are as follows;They did not furnish the earne...
Axis Bank Limited Vs. Treenath Vanijya Private Limited
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A.No.2496 of 2014 With C.S.No.144 of 2014 AXIS BANK LIMITEDVersusTREENATH VANIJYA PRIVATE LIMITED And G.A.No.2520 of 2014 With C.S.No.228 of 2014 TREENATH VANIJYA PRIVATE LIMITED Versus AXIS BANK LIMITED & ORS.And G.A.No.2092 of 2014 With C.S.No.228 of 2014 TREENATH VANIJYA PRIVATE LIMITED Versus AXIS BANK LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 18th August, 2014. Appearance: Mr.Sounabha Ghosh, Adv.Mr.P.Patra, Adv.Ms.Namrata Barmecha, Adv.Mr.Sumon Roy, Adv. for the plaintiff Mr.Ratnanko Banerjee, Sr.Adv.Ms.Sudipa Bhattacharys, Adv.Mr.Anuruddha Mitra, Adv. for the defendant Mr.Sourav Kumar Mukherjee, Adv.Mr.S.Roy, Adv. for defendant no.3 in CS22814 The Court: By consent of the parties all the three applications are taken up together and disposed of by this common judgment and order. Treenath Vanijya Private Limited is the owner of the suit premises. The plaintiff claims that...
Landt Finance Limited Vs. Ankit JaIn and anr
Court: Kolkata
Decided on: Aug-18-2014
1 ORDER SHEET GA No.2369 of 2014 APOT No.391 of 2014 AP No.214 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L&T FINANCE LIMITED Versus ANKIT JAIN & ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date : 18th August, 2014. Appearance: Ms.S.Saha with Ms.S.Das Ld. Advocates for the appellant. The Court :- Despite service none appears for the principal respondent. Track record does not show any latest news of service with regard to respondent no.2, who respondent was the no.2 is guarantor not in directly the transaction. affected by this Since order, service upon the respondent no.2 is dispensed with. The hypothecated assets could not be located. Hence, the learned Judge discharged the Receiver. Hence, this appeal. The learned Counsel appearing for the appellant now files an affidavit giving details of the whereabouts of the asset. In such event, we set aside the order of discharge and ask the Receiver to take physical poss...
Sanjit Bouripetitioner Vs. Coal India Ltd. and ors.Respondents
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET W.P.No.506 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SANJIT BOURI Versus COAL INDIA LTD.& ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th August, 2014. For Petitioner : Mr.Subrata Ganguly, Adv.For Respondents : Mr.Vijay Kumar, Adv.Ranjit Bouri was the elder brother of the writ petitioner, Sanjit Bouri. Ranjit was a worker with Eastern Coalfields LTD.He died on 11th June, 1996. Ranjit was unmarried at the time of his death. The National Coal Wage AgreementVI provides for employment to one dependent of the worker who dies while in service. This is provided in paragraphs 9.3.2 to 9.3.4 of the agreement. There is no issue that Ranjit had no direct dependents because direct dependents under this agreement mean wife/husband, son, unmarried daughter, adopted son etc.Under this agreement, in the absence of a direct heir, an indirect heir may be employed. A brother is recognised as an indirect heir [paragra...
Cit, Kol1 Vs. M/S.Bata India Ltd
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET ITAT216OF2013G.A.NO.3482 OF2013IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE CIT, KOL-1 Versus M/S.BATA INDIA LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 18th August, 2014. For Appellant : Mrs.A.G.Gutgutia,Advocate For Respondent/assessee :Mr.V.Murarka,Advocate Mrs.Sutapa Roychowdhury,Advocate The Court : Let supplementary affidavit filed in Court today be kept on record. This appeal has been preferred under section 260A of the Income Tax Act, 1961 against the consolidated order dated May 23, 2013 passed by the Income Tax Appellate Tribunal A Bench in ITA Nos.1826 and 1827 and 1828/Kol/2012 filed by revenue department and CO Nos 10 and 11/Kol/2013 in ITA Nos 1826 and 1827/Kol/2012 filed by assessee for the assessment years 2005-06 and 2006-07 on the following questions of law : i) Whether on the facts and in the circumstances of the case the Learned Tribunal erred in law and was not justified in allowing the cross...
Anup Chimanlal Ojha Vs. Girish Chasndra Ojha and ors.
Court: Kolkata
Decided on: Aug-18-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA1981OF2014WITH APOT320of 2014 ANUP CHIMANLAL OJHA Versus GIRISH CHASNDRA OJHA AND ORS.BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 18th August, 2014. Mr.Hirak Kr. Mitra, Sr.Advocate Ms.Shanta Ramchand, Advocate Mr.Z.Rahaman, Advocate Mr.Tushar S. Thaker, Advocate .for appellant Mr.Mainak Bose, Advocate Ms.D.Adhikari, Advocate Ms.S.Parveen, Advocate .for respondent 1 Ms.Sonal Shah, Advocate Mr.K.Saha, Advocate ..for respondents 8 & 9 The Court :- The GA for stay has come up for hearing and disposal. By an order dated July 11, 2014 the respondents were given opportunity of filing opposition to the GA. Interim stay of operation of the impugned order was granted till the disposal of the GA. Now advocate for the fiRs.respondent, the only contesting respondent (it has been submitted that the other respondents are, in effect, pro forma respondents).has submitted that his...
Sriram Amritlal Ojha Vs. Girish Chandra Ojha and ors.
Court: Kolkata
Decided on: Aug-18-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA1913OF2014WITH APOT309of 2014 SRIRAM AMRITLAL OJHA Versus GIRISH CHANDRA OJHA & ORS.BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 18th August, 2014. Mr.Dhruba Ghosh, Advocate Ms.Trina Banerjee, Advocate for appellant Mr.Mainak Bose,Advocate Ms.D.Adhikari, Advocate Ms.S.Parveen, Advocate ..for respondent 1. Ms.Sonal Shah, Advocate Mr.K.Saha, Advocate for respondents 8 & 9. The Court :- The GA for stay has come up for hearing and disposal. By an order dated July 11, 2014 the respondents were given opportunity of filing opposition to the GA. Interim stay of operation of the impugned order was granted till the disposal of the GA. Now advocate for the fiRs.respondent, the only contesting respondent (it has been submitted that the other respondents are, in effect, pro forma respondents).has submitted that his client initiating the contempt proceeding out of which the app...
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