Kolkata Court March 2015 Judgments
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Sreejit Kumar Tagore Vs. Radha Kishen Bhatter and Ors.
Court: Kolkata
Decided on: Mar-20-2015
ORDER SHEET CS No.229 of 2004 GA No.724 of 2006 GA No.3974 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREEJIT KUMAR TAGORE Versus RADHA KISHEN BHATTER & ORS. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :20. h March, 2015. Mr. Pramit Kr. Ray, Sr. Adv. Mr. Arik Banerjee, Adv. Mr. Avirup Mondal, Adv. for the plaintiff Mr. Tapas Banerjee, Mr. Piush Chaturvedi, Advs. for defendant No.6 Mr. Pradip Kr. Dutta, Sr. Adv. Mr. Prakash Ch. Pandey, Adv. for defendant No.11 The Court : The suit is for eviction and for mesne profits. According to the plaintiff, it had granted a lease on April 6, 1960 to Radha Kishen Bhatter and others including Chunilal Kothari, since deceased. The plaintiff had to file a suit being Suit No.668 of 1976 with regard to non-payment of rent in respect of the said lease. Such suit was decreed in terms of the agreed minutes dated February 21, 1979. The plaintiff claims that the defendants have failed and neglected to pay ren...
Cold Gold Syntex Pvt. Ltd. and Anr. Vs. The Cesc Ltd. and Ors.
Court: Kolkata
Decided on: Mar-20-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1342009 COLD GOLD SYNTEX PVT.LTD.& ANR. Versus THE CESC LTD.& ORS.----WP1792014; GA29382014 HILGERS PVT.LTD.Versus THE CESC LTD.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 20th March, 2015. Mr.P.K.Mukherjee, Sr.Adv., with Mr.B.Bhattacharyya, Adv., Mr.S.Ghosh, Adv., Mr.B Kumar, Adv., For Cold Gold Syntex PVT.LTD.Mr.K.Bhattacharyya, Adv., with Mr.A.Bhattacharyya, Adv., and Mr.B.Biswas, Adv., for Hilgers PVT.LTD.Mr.U.Bose, Sr.Adv., Mr.S.Pal, Sr.Adv., with Ms.V.Meharia, Adv., Mr.A.Ghosh, Adv., Mr.R.Dutt, Adv., for CESC LTD.Mr.Joy Saha, Adv., with Mr.J.Banerjee, Adv., Mr.R.Karmakar, Adv., for NJMC. Mr.M.Ghosh, Adv., with Ms.M.Sen, Adv., for Official Liquidator. The Court : These two writ petitions are being taken up for hearing together and are being disposed of by this common judgment considering the fact that both the writ petitions relate to dispute on the question of supply of electricity to...
Calcutta Ladies’ Golf Club and Ors. Vs. Kolkata Municipal Corporatio ...
Court: Kolkata
Decided on: Mar-19-2015
W.P.No.284 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Calcutta Ladies Golf Club & ORS.versus Kolkata Municipal Corporation & ORS.For the Petitioners : Mr.A.C.Kar, Sr.Advocate For the Respondents : Mr.Alok Kumar Ghosh, Advocate Mr.Dilip Kumar Chatterjee, Advocate Hearing concluded on Judgment on : March 10, 2015 : March 19, 2015 DEBANGSU BASAK, J.:- The writ petitioners challenge the letter dated November 24, 2008 issued by the Licence Officer of the Kolkata Municipal Corporation demanding a sum of Rs.96,200/- on account of failure of the fiRs.writ petitioner to obtain trade licence and the notice dated March 24, 2009 being a notice for execution of distraint warrant. The writ petitioners contend that as a private members club, the writ petitioners are not required to obtain any licence under the Kolkata Municipal Corporation Act, 1980. They also contend that none of the sections quoted in the letter dated November 24, 2008 of the Corporation ar...
Kumar Chattopadhyay Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Mar-19-2015
W.P.No.950 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Kumar Chattopadhyay versus State of West Bengal & ORS.For the Petitioner : Mr.Reetobrata Kumar Mitra, Advocate Mr.Deb Kumar Sen, Advocate For the Respondents : Mr.Tarun Kumar Ray, Sr.Advocate Mr.Sudhindra Nath De, Advocate Mr.Arnab Ray, Advocate Hearing concluded on Judgment on : March 10, 2015 : March 19, 2015 DEBANGSU BASAK, J.:- A dismissed employee of the second respondent has challenged the order of his dismissal from service in this writ petition. Learned Senior Advocate for the respondents questions the maintainability of the writ petition. He contends that, the second writ petitioner is not an authority within the meaning of Article 12 of the Constitution of India and, therefore, Article 226 is not available to impugn any action of the second respondent. In support of such contention he relies upon 2009 Volume 1 Calcutta High Court Notes page 573 (Bhabani Adhikari v. West Bengal Stat...
Rani Leasing and Finance Ltd. Vs. Sanjay Khemani
Court: Kolkata
Decided on: Mar-19-2015
C.S. No.113 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Rani Leasing & Finance Ltd. Vs. Sanjay Khemani For the Plaintiff : Mr. Abhrajit Mitra, Sr. Advocate Mr. Jishnu Chowdhury, Advocate Mr. Soumabho Ghose, Advocate Mrs. Sonia Sharma, Advocate Mr. Uttam Sharma, Advocate For the Defendant : Mr. Pradip Ghose, Sr. Advocate Mrs. Lopita Banerjee, Advocate Mrs. Suchismita Chatterjee (Ghosh), Advocate Mr. J.Chatterjee, Advocate Hearing concluded on : March 02, 2015 Judgment on : March 19, 2015 DEBANGSU BASAK, J.The suit is for recovery of money lent and advanced against pledge of shares. The plaintiff contends that, it had lent and advanced a sum of Rs.1,10,00,000/- to the defendant against security of shares pledged by the defendant with the plaintiff. According to the plaintiff, from time to time between June 2000 to January 2001 the plaintiff had advanced a sum of Rs.1,10,00,000/- to the defendant and the defendant had pledged shares from time to time as secu...
Mani Square Ltd. and Anr. Vs. Additional Registrar of Assurances1, Kol ...
Court: Kolkata
Decided on: Mar-18-2015
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : THE HONBLE JUSTICE I.P.MUKERJ.WP No 108 of 2015 Mani Square LTD.& Anr. versus Additional Registrar of Assurances-1, Kolkata & ORS.For the petitioners :- For the respondent :- Mr.Kishore Dutta; senior Adv.Mr.Ayan Banerjee; Adv.Heard on :- Judgment on :- Mr.Ahin Choudhury; senior Adv.Mr.S.N.Mitra; senior Adv.MRS.Manju Agarwal; adv Mr.Arindam Banerjee; Adv.Mr.B.Mannot; Adv.12.03.2015 18.03.2015 I.P.MUKERJI, J. By a Deed of Sale dated 18th January, 2007 the Baricks, as Joint Receivers of this court appointed by the Honble Appeal Court in a Testamentary suit (Suit No.117 of 1973) sold a property to Patodia Real Estates and Builders Private Limited and several other group companies, for a consideration of Rs.5,35,99,333. This property covered an area of 131 cottahs 4 chittacks and 12 square feet on the southern side of Premises No.156A Manicktala Main Road, Kolkata. The property consisted of buildings, she...
Moulishree Electricals and Electronics Ltd . and Anr. Vs. Kolkata Muni ...
Court: Kolkata
Decided on: Mar-17-2015
ORDER SHEET GA No.630 of 2015 WP No.1231 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MOULISHREE ELECTRICALS & ELECTRONICS LTD . & ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th March, 2015. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Chayan Gupta, Adv.Mr.Soumabho Ghose, Adv.Mr.Aniruddha Agarwalla, Adv.Ms.M.Chouhan, Adv.For the petitioneRs.Mr.Dipanjan Sinha Roy, Adv.For the respondent no.5. Mr.Aloke Ghosh, Adv.Mr.Barin Banerjee, Adv.Ms.Shakuntala Mukherjee, Adv.For K.M.C.The Court :- The writ petitioners seek an order on the respondents authorities to shift the bus passenger shelter to a distance of at least 100 meters from the fiRs.petitioners office. It is contended on behalf of the writ petitioners that, the respondents are setting up a bus passenger shelter in front of the premises of the fiRs.writ petitioner. Such setting up of a bus passenger shelter is in violation of Section 345 of the ...
Anand Silver Pvt. Ltd. Vs. The Commissioner of Income Tax, Koliii.
Court: Kolkata
Decided on: Mar-17-2015
ORDER SHEET ITA59of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ANAND SILVER PVT.LTD.Versus THE COMMISSIONER OF INCOME TAX, KOL-III. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 17th March, 2015. Appearance : Mr.Rahul Modi and Mr.Nand Kishore Modi in person. for appellant. Md.Nizamuddin,Advocate ..for respondent. The Court : The subject matter of challenge, in this appeal, is a judgement and order dated 20th January, 2012 by which the learned Tribunal dismissed an appeal preferred by the assessee challenging an order of CIT (Appeal) who on his part had concurred with the views expressed by the assessing officer. The relevant assessment year is 200506. The facts and circumstances of the case, briefly stated, are as follows. The assessment for the assessment year 2005-06 was completed under section 143(3) on 13th November, 2007 determining loss of a sum of Rs.1,34,720/- reassessment A under notice section unde...
Mima Flour Mills Pvt. Ltd. Vs. Food Corporation of India
Court: Kolkata
Decided on: Mar-13-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen G.A.No.1610 of 2011 CS No.7 of 2011 MIMA FLOUR MILLS PVT.LTD.versus FOOD CORPORATION OF INDIA For the Plaintiff : Mr.Mr.Mr.Mr.S.Talukdar, Sr.Adv., Suman Dutt, A Ghosh, N. Khanra For the defendant : Mr.A.Sengupta, Mr.P.Gupta Heard on : 19.2.2015, 10.03.2015 Judgment on : 13th March, 2015 Soumen Sen, J.:- This is an application under Chapter XIIIA of the Original Side Rules of this Court for recovery of a sum of Rs.42,33,423/-. On 12th January, 2011, the plaintiff instituted a suit being CS No.7 of 2011 praying, inter alia, for a decree for a sum of Rs.42,33,423/against the defendant along with interest. short is stated hereinafter. The case of the plaintiff in On 11th February, 2009, the defendant floated a tender for purchase of whet by bulk consumers pursuant to the said tender. The plaintiff participated in the bid for lifting 10,000 quintals of wheat under OMs.(D)...
M/S Sibco Investment Pvt. Ltd. Vs. Small Industries Development Bank o ...
Court: Kolkata
Decided on: Mar-13-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS No.79 of 2006 M/s Sibco Investment PVT.LTD.VERSUS Small Industries Development Bank of India BEFORE The Honble Justice HARISH TANDON Appearance: Mr.Mr.Mr.Mr.Malay Ghosh, Adv.Amaresh Bag, Adv.Jayak Gupta,Adv.Rajarshi Dutta,Adv..For the Plaintiff. Mr.Joy Saha, Sr.Adv.Mr.Gaurab Kumar Basu, Adv.Mr.Aniruddha Mitra, Adv...For the Respondent. Judgment On : 13.03.2015 HARISH TANDON, J : This is a simple suit for money on account of delayed payment of the principal sum and the agreed interest. The facts adumbrated in the plaint runs as under: The Plaintiff-Company purchased the bonds in the form of promissory note issued by the defendant which are termed as 13.50% SIDBI Bonds 2003 (4th Series) and 12.50% SIDBI Bonds 2004 (5th Series) from one Shanker LaL Saraf on 1st July, 1998. It is undisputed that the aforesaid bonds are tradable in the market and can be purchased by any person from the holder of the said bon...
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