Kolkata Court July 2015 Judgments
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Emta Coal Ltd. Vs. Damodar Valley Corporation
Court: Kolkata
Decided on: Jul-27-2015
O-639 AP No.418 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EMTA COAL LTD.-VersusDAMODAR VALLEY CORPORATION Appearance: Mr.Kishore Dutta, Sr.Adv.Mr.Joydeep Kar, Sr.Adv...for the petitioner. Mr.Sudip Deb, Adv.Mr.Rishav Medora, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 27, 2015. The Court : This has been a complete waste of Court time for the sheer ineptitude of certain draftsmen and for the obvious frivolity of this request under Section 11 of the Arbitration and Conciliation Act, 1996. entered In the into an year 2005 agreement Damodar with firm Valley EMTA Corporation that (DVC) envisaged the setting up of a joint venture company (JVC) in which the partners of EMTA would hold 76% shares and DVC would hold the remaining 24% shares. The relevant clauses as contained in the agreement of April 13, 2005, including the arbitration noticed as appearing in the agreement: clause, should be ARTICLE1DURATION OF ...
Md. Mehmood and Ors. Vs. Nargis Begum and Ors.
Court: Kolkata
Decided on: Jul-27-2015
CS No.197 OF2007IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Md. Mehmood & Ors. Vs. Nargis Begum & Ors. For the plaintiffs: - Mr. P.K. Das, Sr. Advocate Mr. Anirban Kar Mr. I. Belal, Advocates For the defendants: - Mr. Malay Kr. Ghosh, Sr. Advocate Mr. Suman Dutta Mr. Sakya Sen Mr. A.Z. Mondal Mr. Shital Sunwar Mr. Tousif A. Khan, Advocates For the KMC: - Mr. Aloke Kr. Ghosh, Advocate Judgement On:27. h July, 2015 I.P. MUKERJI, J.One Md. Bashir was a Mohammedan. He had two wives. Through the first wife, Noor Jahan, were born the plaintiffs, the ninth defendant and three others. Those three other offsprings predeceased their father. Nobody knows when his relationship with his first wife got severed. But it is quite clear that he stopped living with her by the end of the 60s and divorced her. She is long dead. She died on 3rd July, 2000. The first defendant is his second wife. Md. Bashir married her on 19th September, 1969. (Evidence of the first defen...
andrew Yule and Co Ltd. Vs. Commissioner of Central Excise,kolv
Court: Kolkata
Decided on: Jul-27-2015
ORDER SHEET WP No.1545 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ANDREW YULE & CO LTD.Versus COMMISSIONER OF CENTRAL EXCISE,KOL-V COMMISSIONERATE & ORS BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 27th July, 2015. Mr.J.P.Khaitan, Sr.Adv.Mr.Sanjoy Bhowmick, Adv.Mr.Partha Banerjee, Adv.for the petitioner Mr.R.Bharadwaj, Adv.Mr.K.K.Maiti, Adv.for the respondents The Court : The writ petitioner has challenged a show-cause notice dated 9th February, 1994, the following adjudication order dated 30th November, 2005 and the order in appeal dated 14th February, 2007. Mr.Khaitan, learned senior Advocate appearing on behalf of the petitioner submitted that the petitioner by filling in Annexure 1 effective from 25th July, 1991 under Rule 173B of the Central Excise Rules, 1944, had, inter alia, given the description of three items manufactured by it being Field Switch, Transwitch Unit and Stator Rotor Panel. The petitioner had given the description of ...
Abp Pvt. Ltd. and Anr. Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jul-27-2015
C.C.No.103 of 2014 APO246of 2014 W.P.644 of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) Original Side ABP PVT.LTD.& ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 27th July, 2015. For the petitioners : Mr.Mr.Ms.Mr.Anindya Kumar Mitra, Sr.Advocate with Siddhartha Mitra, Sr.Advocate, Mousumi Bhattacharya and S. Datta, Advocates For the Contemnors/Respondents : Mr.Asok Kumar Banerjee,Sr.Advocate Mr.Alok Kumar Ghosh, Advocate MRS.Sima Chakraborty, Advocates THE initiated COURT : The present contempt proceeding is at the instance of the complainants who are in possession and occupation of a piece of land under a lease which according to the complainants was granted in their favour by the respondent-Corporation. On 26-8-2014, appeal against the Learned Single Judges order of this Court dated 14-7-2013 was heard and following observations : ultimately this Court made the .....
The Bangalore Jute Factory Plc. Vs. The Baranagore Jute Factory Lcl Ma ...
Court: Kolkata
Decided on: Jul-24-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE G.A.No.2163 of 2015 A.P.O.T.No.277 of 2015 G.A.No.2246 of 2015 G.A.No.2328 of 2015 G.A.No.2333 of 2015 With C.C.No.111 of 2015 C.P.No.2 of 1987 THE BANGALORE JUTE FACTORY PLC. Versus THE BARANAGORE JUTE FACTORY LCL MAZDOOR SANGHA (BMs.-AndG.A.No.2249 of 2015 A.P.O.T.No.285 of 2015 G.A.No.2369 of 2015 G.A.No.2329 of 2015 With C.C.No.111 of 2015 C.P.No.2 of 1987 DAMODAR PRASAD BHATTER & ORS.Versus THE BARANAGORE JUTE FACTORY LCL MAZDOOR SANGHA (BMs.BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 24th July, 2015. Mr.S.N.Mookherjee, Sr.Adv.with Mr.Sarvopriya Mukherjee, Mr.Rudrajit Sarkar, Mr.Shaunak Mitra, Mr.Soumabho Ghose, Mr.Aniruddha Agarwalla & Ms.Priyanka Lahiri, Adversus Mr.Anindya Kr. Mitra with Mr.Abhrajit Mitra, Sr.Adversus Mr.P.C.Sen, Mr.S.K.Kapoor & Mr.Debasish Kundu, Sr.Adversus with Mr.Ravi Kapoor, Mr.Joydeb Ghorai & Mr.Savgata Banerjee, Adversus a...
Cliff Navigation S. a. Vs. Lmj International Limited
Court: Kolkata
Decided on: Jul-23-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side BEFORE: The Hon'ble JUSTICE SOUMEN SEN GA No.3167 of 2012 EC No.302 of 2012 CLIFF NAVIGATION S.A.Versus LMJ INTERNATIONAL LIMITED For judgment-debtor/applicant For the defendant :Mr.S.N. Mitra, Sr.Adv., Mr.Shyamal Sarkar, Sr.Adv., Mr.D.N. Sharma, Mr.Navneet Misra, Ms.Sananda Mukhopadhyay, Mr.Sankarsan Sarkar. : Mr.Abhrajit Mitra, Sr.Adv., Mr.Satadeep Bhattacharya, Mr.Biswajit Kumar, Ms.Natasha Roy. Heard On : 07.08.2014, 11.09.2014, 04.12.2014, 09.12.2014, 16.12.2014, 15.01.15, 05.02.2015, 12.02.2015, 26.02.2015, 10.03.2015, 04.06.2015, 09.06.2015, 16.06.2015. Judgment On : 23rd July, 2015 Soumen Sen, J.:- The applicant is the judgment debtor. The judgment debtor has filed this application challenging the enforceability and executability of a foreign award in this jurisdiction. The application is in the nature of an objection under Section 48 of the Arbitration and Conciliation Act, 1996. Cliff Navigation ...
Alpana De and Ors. Vs. Raikishori Seal and Ors.
Court: Kolkata
Decided on: Jul-23-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen CSOS No.2 of 2015 ALPANA DE & ORS.versus RAIKISHORI SEAL & ORS.For the Plaintiffs : Mr.Mr.Mr.Mr.Mr.Dhruba Ghosh, Soumyajit Ghosh, Sarathi Dasgupta, Rohit Banerjee, Ashoke Basu For the defendant Nos.1 & 3 : Mr.Aniruddha Mitra, Mr.Gautam Kr. Gorai For the defendant No.4 : Mr.Surojit Nath Mitra, Sr.Adv., Ms.Somali Mukhopadhyay, For the defendant No.2 : Mr.Mr.Mr.Mr.For the defendant No.5 : Mr.Kaushik Dey Heard on : 06.02.2015, 20.02.2015, 13.03.2015, 20.03.2015, 17.04.2015, 08.05.2015, 05.06.2015, 12.06.2015, 17.07.2015. Judgment on : 23rd July, 2015 Swarnendu Ghosh, Abhijit Roy, Sobhan Kumar Pathak, Shalu Gupta Soumen Sen, J.:- This Originating Summons Suit has been filed by the daughters of Late Mohonlal Seal for answering the following questions:- a) Whether the wife and daughters of the Late Mohan Lal Seal entitled to become shebait on the death of the Mohan Lal Seal...
Madan Lall Jain and Ors. Vs. Kamlesh Sogani and Anr.
Court: Kolkata
Decided on: Jul-23-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side BEFORE: The Hon'ble JUSTICE SOUMEN SEN G.A.No.1911 of 2015 C.S.No.154 of 2015 Madan Lall Jain & ORS.versus Kamlesh Sogani & Anr. For the plaintiff : Mr.S.N. Mitra, Sr.Adv., Ms.Sananda Mukhopadhyay For the defendant : Mr.Pratap Chatterjee, Sr.Adv., Mr.Abhrajit Mitra, Sr.Adv., Mr.Nirmalya Dasgupta Heard On : 18.06.2015, 24.06.2015, 08.07.2015, 15.07.2015, 20.07.2015, Judgment On : 23rd July, 2015 Soumen Sen, J.:injunction restraining The plaintiff has filed this application for the respondent No.1 being the custodian appointed under the award from handing over possession of various documents to the respondent No.2 till discharge by the respondent No.2 and/or their Group of all their obligations under the award dated 3rd January, 2013 to the petitioners and/or to their Group in satisfaction of the petitioneRs.A preliminary point is taken with regard to the maintainability of the suit. Mr.Pratap Chatterjee, le...
Smt. Mili Dutta and Ors. Vs. Smt. Kana Bose and Ors.
Court: Kolkata
Decided on: Jul-23-2015
CS641OF2001IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISIDICTION Original Side SMT. MILI DUTTA & ORS.-VSSMT. KANA BOSE & ORS.BEFORE : The Hon'ble Justice ARINDAM SINHA Date : 23.07.2015 Appearance : Mr.M.S.Tewari, Adv., for the plaintiff. Mr.Indra Prasad Mullick, Adv., for the defendant no.1(a).Mrs.Leena Sinha, Adv., for the defendant no.1(b) in person. Mrs.Krishna Dutta, Adv., for the defendant no.1(c) in person. The Court : The parties have handed up a proposed order for final decree. They have signified their consent to the suit being finally decreed as proposed by them by putting their signatures on the proposed order. The same is taken on record. They are also present in Court. The suit is decreed in terms thereof which is as follows : The plaintiffs filed the instant suit against the then defendant late Chhabi Rani Dutta, inter alia, for partition of immovable joint family properties as mentioned in Schedule B and Schedule C of the plaint. On 19th June, 2002 the Honble Just...
Md. Ismail Basha @ Ekbal Basha Vs. Union of India and Ors.
Court: Kolkata
Decided on: Jul-23-2015
ORDER SHEET WP No.253 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Md.ISMAIL BASHA @ EKBAL BASHA Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 23rd July, 2015. Mr.Amit Chakraborty, Mr.Indranil Roy, Mr.Bimalendu Das, Ms.Shomrita Das, Ms.Saima Asad, Adversus for the petitioner Mr.S.B.Saraf, Adv.for Union of India The Court : The matter has been heard at length. In order dated 15th July, 2015 a point of challenge raised by the petitioner giving rise to the question regarding what was the law in view of the decisions of the Supreme Court of India in Attorney General for India versus Amratlal Prajivandas & Ors. reported in AIR1994SC2179 as subsequently interpreted by a Division Bench of the said Court in the case of Kesar Devi (Smt) versus Union of India & ORS.reported in (2003) Supreme Court Cases 427 was recorded as is reproduced below : The petitioner has challenged the order dated 7th December, 2009 made by the Appel...
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