Kolkata Court June 2015 Judgments
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The State of West Bengal and Ors. Vs. M/S. M.K.Enterprises and Ors.
Court: Kolkata
Decided on: Jun-08-2015
APO219of 2015 G.A.No.751 of 2014 W.P.473 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side THE STATE OF WEST BENGAL & ORS.Versus M/S.M.K.ENTERPRISES & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 8th June, 2015. For the Appellants : Mr.Abhratosh Majumdar, learned G.P.with Mr.T.M.Siddiqui, Advocate For the Respondents : Mr.Amales Ray with Mr.A.Sen, Advocate THE COURT : The State has assailed Order dated 30th July, 2013 whereby the learned Single Judge had quashed the order of the Excise Commissioner dated 22nd September, 2010 cancelling the licence of the respondent-writ petitioner for importation of molasses from various suppliers during the years 2002-03, 2003-04 and 2004-05 without obtaining requisite N.O.Cs. The reasoning given by the learned Single Judge was to the effect that the condition of licence in Form B to the relevant Molasses Control Notified Order, Control Order, (Regulation, 1986 name...
Premier Threads Private Limited Vs. Shineup Fibres Limitd and Ors.
Court: Kolkata
Decided on: Jun-08-2015
GA No.1679 of 2015 APOT No.222 of 2015 EC No.559 of 2013 CS No.71 of 1999 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PREMIER THREADS PRIVATE LIMITED Versus SHINEUP FIBRES LIMITD & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date: 8th June, 2015 Mr.Anuj Singh, Adv.with Mr.Saunak Sengupta, Adv.Mr.Anuran Samanta, Adv..for the appellant Mr.Reetabrato Mitra, Adv.with Mr.Sudhasatya Banerjee, Adv.Mr.Pradip Sarawagi, Adv..for the respondents The present appeal is directed against the judgment dated 29.04.2015. The controveRs.that arose before the Learned Single Judge was whether 4.12.2001, is the date of initial decree or 13.12.2001, the date of amendment of the decree, would be taken into consideration for the purpose of computation of period of limitation under Article 136 of the Limitation Act, 1963. It is not in dispute that there was a suit for recovery of money and the suit became decreed on 4.12.2001. Si...
Tapan Chandra Paul Vs. The Owners and Parties Interested in The
Court: Kolkata
Decided on: Jun-05-2015
ORDER SHEET GA No.1731 of 2015 AS No.4 of 2015 GA No.1732 of 2015 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE TAPAN CHANDRA PAUL Versus THE OWNERS & PARTIES INTERESTED IN THE VESSEL MV SEA GRACE & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 5th June, 2015. Mr.R.K.Chowdhary, Mr.Protyush Chatterjee,Adversus for the plaintiff Mr.K.R.Thaker, Mr.Swarajit Dey, Mr.Indradeep Basu, Adversus for defendant No.1 Mr.S.K.Roy Chowdhury, Sr.Adv.Ms.Kum Kum Das (Dutt).Adv.for Kolkata Port Trust The Court : Two applications relating to the present suit are taken up for hearing. The fiRs.application is an application of arrest being G.A.1731 of 2015. The second application is by an entity named Raes Ship Management Company, applicant therein for vacating the order of arrest dated May 21, 2015 passed in G.A.1731 of 2015. The plaintiff claims to have supplied bunkers to the vessels M.V.Sea Grace. The plaintiff remaining unpaid has invoked the Admiralty Jurisdiction of this C...
Derby Sales Pvt. Ltd. and Anr. Vs. The State of West Bengal and Ors.
Court: Kolkata
Decided on: Jun-04-2015
WP No.829 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Derby Sales PVT.LTD.& Anr. Versus The State of West Bengal & ORS.Before: The Hon'ble Justice ARIJIT BANERJEE Date: 4th June 2015 Appearance: Mr.Abhrajit Mitra, Sr.Advocate Mr.Jishnu Chowdhury, Advocate Mr.Chayan Gupta, Advocate Mr.Dwip Raj Basu, Advocate for the petitioners Mr.Sadananda Ganguli, Advocate Mr.Ayan Banerjee, Advocate for the State Mr.Biswajit Mukherjee, Advocate Mr.Gopal Chandra Das, Advocate for the KMC The Court: In this writ petition the petitioners pray, inter alia, for a writ of mandamus directing the respondents to hand over vacant and peaceful possession of premises No.7/1A, Hazra Road, Kolkata 700019 to the petitioneRs.The said property was requisitioned under the Defence of India Act, 1939. In view of the provisions of the West Bengal Land Acquisition (Continuance of PoweRs.Act, 1951, the State Government was entitled to keep the property under requisition and use it f...
Manabendra Banerjee Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jun-04-2015
ORDER SHEET WP No.1022 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANABENDRA BANERJEE Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 4th June, 2015. Appearance: Mr.Syed Nurul Arefin, Adv.For the Petitioner. Mr.A.C.Kar, Adv.Mr.Amitava Das, Adv.Mr.M.Kakrania, Adv.For the respondent Nos.9 to 12. Mr.Barin Banerjee, Adv.Mr.Swapan Kumar Debnath, Adv.Mr.Debangshu Mondal, Adv.For K.M.C.The Court :- The challenge in the writ petition is an order dated April 29, 2013 passed by the Municipal Commissioner, Kolkata Municipal Corporation. The writ petitioner claims to be a part owner of premises No.17, U.N.Brahmachari Sarani, Kolkata. The writ petitioner has initiated various proceedings in respect of the said premises with regard to his title and the grant of sanction of a building plan in respect of such premises by the Corporation Authorities. By an order dated November 26, 2012, the Division Bench had dir...
Road Builder (M) Sdn Bhd Vs. Tantia Constructions Limited
Court: Kolkata
Decided on: Jun-04-2015
ORDER SHEET APO NO.118 OF2012CP NO.366 OF2011IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ROAD BUILDER (M) SDN BHD Versus TANTIA CONSTRUCTIONS LIMITED BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 4th June, 2015. MR.UTPAL BOSE, SR.ADVOCATE, MR.MAINAK BOSE, Mr.U S. MENON, MR.ABHIRUP CHAKRABORTY,ADVOCATES FOR APPELLANT MR.RANJAN BACHAWAT, SR.ADVOCATE, MS.IPSITA BANERJEE, MR.SUBHASISH SENGUPTA, MR.SANJAY KR.BAID, ADVOCATES FOR RESPONDENT The Court : The appeal is directed against a judgment and order dated 22nd February, 2012 by which the learned Company Court disposed of the winding up petition by relegating the petitioning creditor to a suit subject to security being furnished by the company. To be precise, the order is as follows;- In view of my above findings, I am of the opinion that the company has been unable to disclose any bona fide defence to the claim of the petitioning creditor. However, using my discreti...
Diamond Apartments Pvt. Ltd. Vs. Abanar Marketing Ltd.
Court: Kolkata
Decided on: Jun-03-2015
ORDER GA No.1343 of 2015 CS No.389 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DIAMOND APARTMENTS PVT.LTD.Versus ABANAR MARKETING LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 3rd June 2015. Appearance: Mr.Abhrajit Mitra, Senior Advocate Mr.Jishnu Chowdhury, Advocate Mr.Soumabha Ghose, Advocate Ms.Rajshree Kajaria, Advocate ...for the defendant/petitioner. Mr.Jishnu Saha, Senior Advocate Mr.Sarathi Dasgupta, Advocate ...for the plaintiff. The Court:- The defendant has filed this application for dismissal of the suit on the ground that an arbitration proceeding is pending and by reason of the existence of the arbitration agreement, the parties are required to be referred to arbitration for resolution of the disputes. The petitioner before the initiation of the suit initiated an arbitration mentioned between proceeding in the the on leave parties on the basis of the arbitration and licence agreement 1st August, 2012. executed There arbitrator before whom...
Hooghly Stocks and Bonds Pvt. Ltd. Vs. Purnandro Mullick and Ors.
Court: Kolkata
Decided on: Jun-03-2015
ORDER SHEET GA830of 2015 With CS142of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HOOGHLY STOCKS & BONDS PVT.LTD.Versus PURNANDRO MULLICK & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 3rd June, 2015. Mr.Ahin Choudhury, Sr.Adv.Mr.Dhruba Ghosh, Adv.Mr.A.Sinha, Adv.Mr.Hirak Mitra, Sr.Mr.Rupak Ghose, Mr.S.Banerjee, Mr.Swapan Kumar Mallick, Mr.Lutful Haque, The Court: In a suit for specific performance Adv.Adv.Adv.Adv.Adv.the plaintiff has applied for addition of party on the ground that such party has entered into a lease in respect of an immovable property which is the subject matter of the suit. The plaintiff seeks specific performance of an agreement entered into between the parties. Such agreement if enforced would create a lease in favour of the plaintiff in respect of an immovable property. Mr.Ahin Choudhury, learned Senior plaintiff submits that the transferee Advocate for the had entered into a deed of lease dated February 28, 201...
M/S. Saila Motors Pvt. Ltd. Vs. Sunil Kumar Banka and Ors.
Court: Kolkata
Decided on: Jun-03-2015
ORDER SHEET CS No.247 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.SAILA MOTORS PVT.LTD.Versus SUNIL KUMAR BANKA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 3rd June, 2015. Appearance: Mr.Sabyasachi Sen, Adv.For the plaintiff. Mr.Shiv Shankar Banerjee, Adv.For the defendants. The Court :- The plaintiff seeks to recover security deposit from the defendants. The plaintiff states that it had obtained a tenancy from the original defendant. The plaintiff had put in a security deposit of Rs.10,00,104/- with the original defendant in respect of such tenancy. The plaintiff had terminated the tenancy with effect from May 1, 2005. The plaintiff had demanded refund of the security deposit consequent to the cessation of the tenancy and no amount being due and payable by the plaintiff to the original defendant on any account. The original defendant did not refund the security deposit. Hence the suit for recovery. The defendants have filed ...
Smt. Tanima Ghosh and Ors. Vs. Smt. Gita Rani Ghosh and Ors.
Court: Kolkata
Decided on: Jun-01-2015
GA2175of 2014 With CS356of 1994 GA117of 2013 GA18of 2013 GA No.3355 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. TANIMA GHOSH & ORS.Versus SMT. GITA RANI GHOSH & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : June 1, 2015. Appearance Mr.S.Bose, Adv.Mr.K.Chatterjee, Adv.Mr.D.Raha, Adv.Mr.C.K.Saha, Adv.Plaintiffs Mr.P.Sinha, Adv.Ms.A.Lala, Adv.Defendant Nos.3(c)(a) & 3(c)(b) Mr.S.K.Ash, Adv.Defendant Nos.3, 4 & 5. The Court: In a suit for partition the four pending applications are taken up for hearing. Two applications have been made by two different sets of parties relating to a deed of conveyance dated December 13, 2012 executed by the defendant Nos.3, 4 and 5 in respect of an immovable property at Howrah. The two applications are GA No.18 of 2013 made by the plaintiffs and GA No.117 of 2013 made by the defendant No.3(c)(a).In GA No.18 of 2013, it is contended on behalf of the plaintiffs that the impugned deed dated December 13, 20...
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