Kolkata Court January 2015 Judgments
Tapas Kumar Dey Vs. The Union of India and Ors.
Court: Kolkata
Decided on: Jan-30-2015
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present: The Honble Justice Tapabrata Chakraborty W.P.No.713 of 2010 Tapas Kumar Dey Versus The Union of India & ORS.For Petitioner : Ms.Somali Mukhopadhyay. For Respondents : Mr.D.N. Chatterjee. Judgment On : 30th January, 2015. Tapabrata Chakraborty, J. This writ application has been preferred challenging a show- cause notice dated 24th June, 2008 and a memorandum dated 27th June, 2009 issued by the respondent no.4. A brief review of the relevant facts would suffice. Upon emerging to be successful in a selection process, the petitioner was appointed to the post of Constable under the Border Security Force (hereinafter referred to as BSF) and upon successful completion of training for 9 months, the petitioner was posted at Manipur from 1989 till 1991. Subsequent thereto, while discharging his duty in F-Co.of 30 BN at Kashmir and on the intervening night of 26/27th March, 1992, the petitioner sustained a bulle...
Tag this Judgment!Subhas Chandra Bar Vs. State Bank of India and Ors.
Court: Kolkata
Decided on: Jan-29-2015
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION IN THE APPEAL FROM ITS CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Samapti Chatterjee APO485OF2014WP1801OF2008Subhas Chandra Bar VS State Bank of India & Ors. For the Appellant : Mr. Mr. Mr. Mr. Mr. Mr. Kashikanta Maitra, Learned Senior Advocate Arup Kumar Lahiri, Learned Advocate Lakshmi Kanta Pal, Learned Advocate Debasish Kar, Learned Advocate Anubrata Santra, Learned Advocate Joydeep Roy, Learned Advocate For the Respondents : Mr. A.K. Routh, Learned Advocate Mr. Sudip Pal Chowdhury, Learned Advocate. Heard On :13. 01.2015, 14.01.2015, 15.01.2015 & 16.01.2015. Judgment On : January 29, 2015. Samapti Chatterjee, J.1. The appellant/writ petitioner herein was a Clerk in the State Bank of India (hereinafter referred to as SBI). The appellant/writ petitioner while discharging his duty as Clerk was placed under suspension by an Order dated 18th May, 2005 ...
Tag this Judgment!Dena Bank Vs. The official Liquidator, H.C.
Court: Kolkata
Decided on: Jan-29-2015
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr. Justice Ashim Kumar Banerjee And The Honble Justice Samapti Chatterjee A.P.O. No.450 of 2014 C.P. No.241 of 2009 In Re: Kamlapur Sugar and Industries Ltd Dena Bank Vs. The Official Liquidator, H.C. For the Appellant For the Respondent For PICUP : Mr. Deepnath Roy Chowdhury, Advocate Ms. Shayantee Dutta, Advocate : Mr. Abhrajit Mitra, Senior Advocate Mr. Sarbapriya Mukherjee, Advocate Mr. Soumabha Ghosh, Advocate : Mr. Indranil Nandi, Advocate For GPSK Comm.(P) Ltd: Mr. R.L. Mitra, Advocate Ms. Priyanka Dhar, Advocate For Stressed Assets Stabilisation Fund IDB and IFCI Ltd. : Mr. Amiya Kumar Sur, Advocate For Official Liquidator : Ms. Ruma Sikder, Advocate Heard on : January 9 and 14, 2015 Judgment on : January 29, 2015 ASHIM KUMAR BANERJEE, J.FACTS: Kamlapur Sugar and Industries Limited (hereinafter referred to as Kamlapur.) obtained financial assistance from various finance ...
Tag this Judgment!Shri Jagadish Prosad Awasthi Vs. Allahabad Bank and Ors.
Court: Kolkata
Decided on: Jan-29-2015
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : THE HONBLE JUSTICE I.P.MUKERJ.WP No 517 of 2011 Shri Jagadish Prosad Awasthi versus Allahabad Bank & ORS.For the petitioner:For the respondent:- MRS.Sutapa Sanyal; Adv.Mr.Anshuman Gupta Mr.Partha Bhattacharya; Adv.Heard on:Judgment on:- ; Adv.21.01.2015 29th January, 2015 I.P.MUKERJI, J. The petitioner joined the services of Allahabad Bank as a clerk. It was way back on 3rd August 1957. He rose to become the Manager of the Tezpur Branch of the bank in 1981. As Manager he was in Scale II. Disciplinary proceedings were started against him. On 25th August 1987, an order for his compulsory retirement was passed by the Disciplinary Authority of the bank. On 6th July 1988, the Appellate Authority dismissed his appeal. The writ petitioner wants to take the benefit of an alleged Memorandum of Settlement and Regulations dated 29th October 1993. It appears to have received the consent of the Officers Federatio...
Tag this Judgment!Manju Rai Vs. The Uttar Pradesh State Mineral Development Corporation ...
Court: Kolkata
Decided on: Jan-28-2015
C.S.No.349 of 1988 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Manju Rai versus The Uttar Pradesh State Mineral Development Corporation LTD.For the Plaintiff : Mr.Dhrubo Ghosh, Advocate For the Defendant : Mr.P.K.Dutt, Sr.Advocate Mr.C.K.Dutt, Advocate Mr.Rajarshi Dutt, Advocate Smt. Krishna Mullick, Advocate Hearing concluded on : January 21, 2015 Judgment on : January 28, 2015 DEBANGSU BASAK, J. The suit is for declaration that the letter of the defendant refusing to renew the contract between the parties is illegal, wrongful, void and liable to be set aside and for a decree for damages and in the alternative an inquiry into the damages suffered by the plaintiff and a decree in respect thereof. The plaintiff claims to carry on business as the sole proprietor of M/S.Shivisidh Enterprises. She claims that she was appointed by the defendant as its commission agent on the various terms and conditions as would appear from the letter dated September 20, 1983. The pla...
Tag this Judgment!Dilip Kumar Gooptu and Ors. Vs. Hindustan Petroleum Corporation Ltd.
Court: Kolkata
Decided on: Jan-28-2015
C.S.No.245 of 1995 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Dilip Kumar Gooptu & ORS.versus Hindustan Petroleum Corporation LTD.For the Plaintiffs : Mr.Jishnu Saha, Sr.Advocate Mr.A.K.Awasthi, Advocate Mr.Aishwarya Kr. Awasthi, Advocate For the Defendant : Mr.Moloy Ghosh, Sr.Advocate Mr.C.K.Dutt, Advocate Hearing concluded on : December 09, 2014 Judgment on : January 28, 2015 DEBANGSU BASAK, J. The suit is for specific performance of an agreement claimed to be entered into in July 1994 and in the alternative vacant and peaceful possession of premises No.3D, Camac Street, Kolkata and for mesne profits. The plaintiff had granted a lease of a portion of premises No.3D, Camac Street, Kolkata to the predecessor-in-interest of the defendant on November 28, 1963 for a term of ten years and eleven months. The predecessor-in-interest of the defendant came into possession of the suit premises pursuant to such deed of lease. The predecessor-in-interest of the defendant c...
Tag this Judgment!Eid Parry (India) Limited and Anr. Vs. Kolkata Port Trust and Ors.
Court: Kolkata
Decided on: Jan-28-2015
APO194of 2014 W.P.1148 of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side EID PARRY (INDIA) LIMITED & ANR. Versus KOLKATA PORT TRUST & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 28th January, 2015. For the Appellants : Mr.Pranab Kumar Dutta, Sr.Advocate with Mr.Shovendu Banerjee, Advocate For the Respondents : Mr.Hirak Mitra, Sr.Advocate with Mr.Somnath Bose, Advocate : Appellant No.1 herein was the writ THE COURT petitioner before the learned single Judge and the writ petition went against the interest of the appellants. The admitted facts are as under : One Parry & Company LTD.initially obtained a lease of property from the then Calcutta Port Trust in or about the year 1979. It was renewed for a period of 10 years from time to time till 30th September 1999. Said Parry & Co.LTD.got amalgamated with another company and presently it is known as EID Parry (India) LTD.According to the appellants, when ...
Tag this Judgment!Abl International Ltd. Vs. M.A.Mahood
Court: Kolkata
Decided on: Jan-27-2015
ORDER SHEET GA35352011 CS2322011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABL INTERNATIONAL LTD.Versus M.A.MAHOOD BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th January, 2015. Mr.S.N.Mitra, Sr.Adv.with Mr.A.Mukherjee, Adv.appears for plaintiff. The Court : This is an application under chapter XIIIA of the Original Side Rules for a final judgment for recovery of possession of the suit property and for various amounts claimed in paragraph 34 of the petition. In the petition it is stated that the defendant is the husband of one Ms.Zulekha Ruksana (since deceased).Sometime prior to June 1, 1971 it was agreed between Sudera and the said Ruksana that Sudera will lease out to the said Ruksana and Ruksana shall take on lease from Sudera an office space measuring 210 sq.ft. on the fiRs.floor of the suit premises as Block 1/V for a consolidated monthly rent of Rs.200/- which included basic rent, air condition charges in addition to share of municipal t...
Tag this Judgment!Can Bank Financial Services Ltd. Vs. Shaw Wallace and Co. Ltd.
Court: Kolkata
Decided on: Jan-27-2015
ORDER SHEET CS357of 1996 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CAN BANK FINANCIAL SERVICES LTD. Versus SHAW WALLACE & CO. LTD. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :27. h January, 2015. Mr.S.Das, Adv. Mr.S.Roy, Adv. Mr.A.C.Kar, Adv. Mr.A.Kar, Adv. Mr.S.Mitra, Sr.Adv. Mr.M.Bhattacharyya, Adv. Mr.S.S.Bose, Adv. Mr.S.Datta, Adv. Mr.K.Pramanik, Adv. The Court: The plaintiff claims a money decree, declaration, consequential reliefs with regard to such declaration and other reliefs in this suit. The plaintiff claims to have granted a lease of certain equipments to the first defendant on considerations of the first defendant paying the agreed lease rentals in respect thereof. The first defendant having failed to pay such lease rentals the plaintiff has filed the instant suit for recovery of the lease rentals and to have it declared that, the plaintiff is the owner of the leased equipments and for possession thereof. The suit is contested b...
Tag this Judgment!Commissioner of Income Tax, Centralii, Kolkata Vs. Sanjay Jhunjhunwala
Court: Kolkata
Decided on: Jan-27-2015
ORDER SHEET G.A.NO.1411 OF2014ITAT NO.40 OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, CENTRAL-II, KOLKATA Versus SANJAY JHUNJHUNWALA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 27th January, 2015. For appellant/ revenue : Mr.P.Dhudhoria,Advocate For respondent/assessee: Mr.S.K.Kapoor,Sr.Advocate Mr.J.P.Khaitan,Sr.Advocate Mrs.M.Manot,Advocate Mr.B.Manot,Advocate The Court : The Revenue has come up in appeal against a judgement and order dated 26th November, 2013 by which the learned Tribunal set aside an order of the CIT (Appeals) who on his part had concurred with the views of the Assessing Officer in holding the assessee, Sanjay Jhunjhunwala liable under section 69C of the Income Tax Act for payment of interest amounting to the sum of Rs.5.06 Crores approximately for the assessment year 2009-2010, a sum of Rs.5.86 Crores approximately for the assessment year 2010-2011 and ...
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