Kolkata Court August 2014 Judgments
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Wrinkle Marketing Pvt. Ltd. Vs. Roselabs Bioscience Ltd.
Court: Kolkata
Decided on: Aug-08-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction G.A.No.1106 of 2014 C.S.No.120 of 2014 With G.A.No.1107 of 2014 C.S.No.119 of 2014 Wrinkle Marketing PVT.LTD.Vs Roselabs Bioscience LTD.With G.A.No.1111 of 2014 C.S.No.121 of 2014 Somnath Merchandise PVT.LTD.Vs Roselabs Bioscience LTD.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th August, 2014. Mr.Malay Singh, Adv.with Mr.S.R.Saha, Adv.appear and submit Mr.R.K.Jain, Adv.appears and submits The Court : On 6th August, 2014 when these matters were called on, nobody appeared on behalf of the respondent. This Court directed the petitioners Advocate-on-Record to serve a notice on the respondents Advocate-on-Record, which has been done. Today, learned counsel appearing for the respondent appears and prays for extension of time to file affidavits-in-opposition till today. He brought with him the affidavits-in-opposition to be filed in Court. If one goes through the order sheets, one will find that repeated e...
Gyan Bharti Vidyapith and anr. Vs. Director of School Education
Court: Kolkata
Decided on: Aug-08-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA2423OF2014WITH WP2068of 2002 GYAN BHARTI VIDYAPITH & ANR. Versus DIRECTOR OF SCHOOL EDUCATION BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 8th August, 2014. Mr.Bhaskar Sen, Sr.Advocate Mr.Koushik Chowdhury, Advocate Mr.Shounak Mitra, Advocate for writ petitioners Mr.Pramit Kumar Ray, Sr.Advocate Mr.Shaunak Ghosh, Advocate Mr.Rajib Mullick, Advocate for applicants in GA2423of 2014 The Court :- This matter appeared as To Be Mentioned at the instance of the Court. By consent of the parties let the instant application for addition of party be treated as on days list as a Court Application. Affidavit-of-service filed in Court today on behalf of the applicants be taken on record. The applicants are essentially seeking to be added as parties in a writ proceeding initiated by Gyan Bharti Vidyapith, being WP2068of 2002. It 2 appears that in the facts and circumstances of the instant case the applicants are n...
Vikash Kumar JaIn Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-08-2014
ORDER SHEET WP NO.434 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VIKASH KUMAR JAIN Versus UNION OF INDIA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th August, 2014. Mr.V.N.Dwivedi, Mr.P.Dwivedifor petitioner. Mr.B.P.Vaisyafor Union of India. The Court : The grievance in this writ application is about the rejection of the claim for interest of the writ petitioner, by the office of the Director General of Foreign Trade. Relying on Policy Circular No.9 dated 5th June, 2008 the application for payment of interest made by the writ petitioner was rejected by the respondent authorities on the ground that it was not made within 90 days from the date of issue of the cheque. The cheque was issued on 21st October, 2011. There is merit in the submission of Mr.Dwivedi that para 9.3 of Chapter IX of the Foreign Trade Policy & Handbook of Procedures relating to Foreign Trade Policy and application beyond time is entertained after imposing a late cut....
Virendra Kumar Agarwala and ors Vs. Shree Shree Sitaram Jew and ors
Court: Kolkata
Decided on: Aug-08-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.3455 of 2013 With CS No.459 of 1987 GA No.2228 of 2012 GA No.2487 of 2013 GA No.2699 of 2013 GA No.355 of 2013 GA No.432 of 2011 VIRENDRA KUMAR AGARWALA & ORS Versus SHREE SHREE SITARAM JEW AND ORS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th August, 2014. Appearance: Mr.D.N.Sharma, Adv.Ms.Debjani Chatterjee, Adv.for the petitioner Mr.Abhrajit Mitra, Sr.Adv.Mr.Jishnu Chawdhury, Adv.Mr.Soumya Roy Chowdhury, Adv.Mr.Chayan Gupta, Adv.Mr.Debanjan Mandal, Adv.Mr.Sandip Das Gupta, Adv.Mr.Rajesh Upadhyay, Adv.Mr.Arnab Sardar, Adv.for the respondent no.1 Mr.Pratap Chatterjee, Sr.Adv.Mr.Samrat Sen, Sr.Adv.Ms.Manali Bose, Adv.Mr.Paritosh Sinha, Adv.Mr.Joydeep Roy, Adv.Mr.Ayan De, Adv.for the respondent no.88 Mr.R.L.Mitra, Adv.for the respondent no.117 Mr.S.N.Mookherjee, Sr.Adv.Mr.Mainak Bose, Adv.Mr.Sakya Sen, Adv.Ms.V.Chakraborty, Adv.Ms.Shyantee Dutta, Adv.for the respondent no.118 Mr.Suddhwashattya Ban...
ifb Agro Industries Limited and anr. Vs. the Chief Commercial Manager ...
Court: Kolkata
Decided on: Aug-08-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present: The Honble Justice Tapabrata Chakraborty W.P.No.479 of 2009 IFB AGRO INDUSTRIES LIMITED & ANR. Versus THE CHIEF COMMERCIAL MANAGER (FM).EASTERN RAILWAY & ORS.For Petitioners : Mr.Shyamal Sarkar, Mr.Bidyut Dutt, Mr.Bijan Datta. For Respondents : Mr.Malay Kr. Das, Mr.S.Ghosh. Judgment On : 8th August, 2014. Tapabrata Chakraborty, J. This writ application has been preferred challenging, inter alia, the impugned demand of the respondents for demurrage charges on train-load basis from the petitioner no.1 up to September 8, 2008 including the letters dated January 5, 2009, January 19, 2009, January 22/27, 2009 and April 20, 2009 being Annexure P-8 to the petition. In the writ application it has, inter alia, been averred that the petitioner no.1 carries on business as manufacturer of Rectified Spirit which is made out of molasses. The entire production of Rectified Spirit is requisitioned by the State Gover...
Ajay Kumar Rathod Vs. Ranbaxy Laboratories Ltd.
Court: Kolkata
Decided on: Aug-08-2014
GA No.2508 of 2014 CS No.151 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side AJAY KUMAR RATHOD Vs RANBAXY LABORATORIES LTD.Appearance Mr.Sandip Kr. Bhattacharya, Adv.Mr.Jishnu Chowdhury, Adv.Mr.Chayan Gupta, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : August 8, 2014. The Court : This is a petition for review of an order dated July 7, 2014. By the said order, the report of the special referee on mesne profits has been modified to a limited extent. At the time that the matter was taken up on July 7, 2014, the defendant was not represented. It now transpires that the defendant had filed an independent application taking objection to the special referees report. Such other application had not been assigned to this Bench among the bunch of about hundred adjourned motions taken out from the interlocutory Courts list. In such view of the matter, the order dated July 7, 2014 passed on the limited prayer made by the plaintiff could not have af...
Kamalesh Gurmukh Advani Vs. the West Bengal Small Industries Developme ...
Court: Kolkata
Decided on: Aug-08-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Arindam Sinha W.P.No.2208 of 2002 Kamalesh Gurmukh Advani versus The West Bengal Small Industries Development Corporation & ORS.For the petitioners : Mr.Haradhan Banerjee, Adv.Mr.Biswanath Ghosh, Adv.For the respondents : Mr.J.Kar, Sr.Adv.Mr.S.Sarkar, Adv.Heard on : 15.07.14 & 17.07.14. Judgment on : 8th August, 2014. Arindam Sinha, J. The petitioners father had obtained a lease on 14th November, 1969 from the State in respect of plot Nos.Z-6 and Z-7 in Howrah Industrial Estate situated in Mouza Baltikuri in Howrah. By Government Order dated 5th December, 1994 administrative control of the said Industrial Estate was transferred to the respondent no.1. The father of the petitioner died on 12th August, 2001 and the petitioner says he inherited the tenancy. A notice under Section 3 (1) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 dated 2nd October, 2001 was iss...
Ascon Agro Products Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-08-2014
ORDER SHEET WP NO.432 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASCo.AGRO PRODUCTS LTD.Versus UNION OF INDIA AND ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th August, 2014. Mr.R.K.Chowdhuryappears for petitioner. Mr.S.B.Saraf, Mr.K.K.Maityappears for Central Excise. The Court : There is one fundamental mistake that the Commissioner committed while passing the order dated 5th February, 2014. While dealing with the request of the writ petitioner for supply of copies of note-sheets, intra department correspondence, etc.pertaining to the investigation of the case, he referred to the Right to Information Act. He said that the application of the petitioner under the said Act and anticipation of its outcome could not stop the adjudication process. I take note of the fact that the Revenue has not relied upon those documents. Neither strictly speaking they can be called the petitioners documents which are in the custody of the Revenue, which mig...
imeco Limited Vs. Khagendranath Das @k.N.Das
Court: Kolkata
Decided on: Aug-08-2014
1 APO No.206 of 2014 CP No.423 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IMECO LIMITED Versus KHAGENDRANATH DAS @K.N.DAS BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 8th August, 2014. Appearance: Mr.Sudip Ghosh with Mr.Tridip Sarkar And Mr.S.Balial, ld. Advocates for the appellant. Mr.Jishnu Chowdhury with Mr.Nikunj Berlia Ld. Advocates for the respondent. The Court :- This appeal is directed against the judgment and order of the learned Single Judge dated 16th April, 2014. The admitted facts are that the respondent-petitioner was appointed as sub-contractor by the appellant in whose favour work order has been issued by Steel Authority of India (In short known as SAIL).According to the respondent-petitioner, he raised bills on the appellant- company for the supply made by him as well as work executed. So far as the balance amount to be paid, a notice dated 18th April,2013 came to be issued under section...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-08-2014
APO325of 1999 W.P.674 of 1995 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side UNION OF INDIA & ORS.Versus SHAMBHULAL MANILAL & ORS.Appellants Respondents BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ASHIM KUMAR BANERJEE Date : 8th August, 2014. For the Appellants : For the Respondents : THE COURT : Mr.Bhaskar Prasad Banerjee, Advocate Mr.P.K.Jhunjhunwalla with Mr.N.S.Rudra, Advocates The respondents before the learned single Judge are before us aggrieved by the directions issued by the learned single Judge fixing the consolidated rate of rent at Rs.19,096/- per month from March 1994 onwards upto the current period and also regarding the directions for implementation of the recommendation of the Hiring Committee. It is noticed from the records that the appeal came to be dismissed for non-prosecution and the matter was restored to file at the request of the appellants, Union of India and otheRs.During the couRs.of submissions, learned...
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