Kolkata Court September 2015 Judgments
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Fast Flow Dealcom Pvt. Ltd. Vs. Grace Colonizers Pvt. Ltd.
Court: Kolkata
Decided on: Sep-24-2015
In the High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA1054of 2012 CS25of 2012 Fast Flow DealCo.PVT.LTD.-Vs.Grace Colonizers PVT.LTD.Before : The Honble Justice Arijit Banerjee For the petitioner : Mr.P.K. Dutta, Sr.Adv.Mr.R.Dutta, Adv.Mr.S.Bose, Adv.For the defendant : Mr.Samit Talukdar, Sr.Adv.Mr.Aniruddha Roy, Adv.Ms.Sudeshna Bagchi, Adv.Mr.D.Dutta, Adv.Heard On : 14th May, 2015 Judgment On : 24/09/2015 Arijit Banerjee, J.: (1) This application has been taken out by the defendant praying that the leave granted under Clause 12 of the Letters Patent be revoked, the plaint filed in the suit be taken off the record and the suit be dismissed. (2) The case pleaded in the plaint is that sometime in August, 2010, the defendant approached the plaintiff at its then registered office at 2, Ganesh Chandra Avenue, Room No.6B, Calcutta 13 within the jurisdiction of this court for financial assistance for the purpose of expanding its business. An oral agreement was ent...
Sreejit Kumar Tagore Vs. Radha Kissen Bhatter and Ors.
Court: Kolkata
Decided on: Sep-23-2015
G.A.No.1576 of 2015 C.S.No.229 of 2004 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Sreejit Kumar Tagore versus Radha Kissen Bhatter & ORS.For the Plaintiff : Mr.Mr.Mr.Mr.Pradip Kr. Dutta, Sr.Advocate Prakash Ch. Pandey, Advocate Tapas Banerjee, Advocate Piush Chaturvedi, Advocate For the Defendants : Mr.Pramit Kr. Ray, Sr.Advocate Mr.D.P.Dutta, Advocate Mr.Souvik Sen, Advocate Hearing concluded on : July 1, 2015 Judgment on : September 23, 2015 DEBANGSU BASAK, J. The defendant No.11 seeks recalling of a judgment dated March 20, 2015 resulting in a decree passed in the suit. It is contended on behalf of such defendant that, he was denied a reasonable opportunity of hearing on March 20, 2015. The order records statements which have not been made by the learned Advocates appearing on behalf of the defendant. The order also does not correctly record the events occurring on that date in Court. The defendant seeks correction of such portions of the order....
Investment Company Limited Vs. Income Tax Settlement Commission,
Court: Kolkata
Decided on: Sep-23-2015
W.P No.432 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side The Peerless General Finance & Investment Company Limited versus Income Tax Settlement Commission, Additional Bench, Kolkata and Others For the Petitioner : Mr.S.Bagchi, Sr.Advocate Mr.Gopal Ram Sharma, Advocate For the Respondents : Mr.R.N.Bandyopadhyay, Advocate Ms.S.Chatterjee, Advocate Hearing concluded on Judgment on : September 9, 2015 : September 23, 2015 DEBANGSU BASAK, J.:- The writ petitioners have challenged an Order dated March 25, 2010 passed by the Settlement Commission under Section 245F(1) read with Section 154 of the Income Tax Act, 1961. By the impugned order the Settlement Commission has refused to rectify computation of interest under Sections 234B and 234C pursuant to its order of settlement of income under Section 245D(4) of the Income Tax Act, 1961 dated February 13, 2009. By the impugned order the Settlement Commission had also refused to waive interest under Section ...
Sri Lalit Kumar Bagla and Ors. Vs. Rajiv Kumar Poddar and Ors.
Court: Kolkata
Decided on: Sep-23-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN G.A. No.1034 of 2011 G.A. No.1035 of 2011 G.A. No.1036 of 2011 G.A. No.1038 of 2011 EC No.90 of 2011 EOS No.3 of 2003 SRI LALIT KUMAR BAGLA & ORS. VS. RAJIV KUMAR PODDAR & ORS. For the Petitioners : Mr. Bhaskar Ghose, Sr. Adv., Mr. Sukumar Bhattacharya, Mr. Dipendra Nath Chunder. For the Plaintiffs : Mr. Abhrajit Mitra, Sr. Adv., Mr. Satadeep Bhattacharya, Mr. S.S. Bhutoria Heard On :30. 03.2015, 20.04.2015, 22.04.2015, 29.04.2015, 10.06.2015, 22.07.2015, 29.07.2015, 10.08.2015, 12.08.2015 Judgment On :23. d September, 2015 Soumen Sen, J.:- This application has been filed by M/s. Patel Timber Industries (hereinafter referred to as the applicant.) for a declaration that the decree dated 11th August, 2010 passed in A.P.O No.455 of 2005 arising out of E.O.S. No.3 of 2003 is a nullity and not executable against the applicant. The basis of the application in short are state...
Juthika Rani Mondal (Das) Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Sep-23-2015
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P No.808 of 2009 Juthika Rani Mondal (Das) versus State of West Bengal & ORS.with W.P No.809 of 2009 Krishna Chattopadhyay (Acharjee) versus State of West Bengal & ORS.with W.P No.810 of 2009 Rekha Das (Basak) versus State of West Bengal & ORS.with W.P No.837 of 2009 Smt. Kalyani Poddar (Saha) versus State of West Bengal & ORS.For the Petitioners : Mr.Syed Shamsul Arefin, Advocate For the Respondents : Mr.Amitesh Banerjee, Advocate Mr.Tarak Karan, Advocate Hearing concluded on Judgment on : July 29, 2015 : September 23, 2015 DEBANGSU BASAK, J.:- Four writ petitions involving the same issues are taken up for hearing analogously by consent of the parties. All the writ petitioners seek to change their option from Contributory Provident Fund to General Providence Fund including family pension in terms of Revision of Pay and Allowances, 1990 (ROPA, 1990).The reliefs sought for by the writ petitioners have been op...
Mehras Books Private Limited Vs. Random House Publishers India Private ...
Court: Kolkata
Decided on: Sep-23-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN C.P.No.657 Of 2013 Mehras Books Private Limited versus Random House Publishers India Private Limited. For the Petitioner : Mr.Sarathi Dasgupta, Mr.Souvik Bhadra, Mr.Arijit Basu. For the Respondent : Mr.Jishnu Chowdhury, Mr.Aritra Basu, Heard On : 13.03.2015, 27.03.2015, 10.04.2015, 08.05.2015, 05.06.2015, 19.06.2015, 24.07.2015, 07.08.2015, 14.08.2015. 21.08.2015, 28.08.2015, 04.09.2015, 11.09.2015. Judgment On : 23rd September, 2015 Soumen Sen, J.:- Random House Publishers India PVT.Ltd., the petitioner, has filed this application praying for winding up of the Mehras Books PVT.LTD.(hereinafter referred to as the said company).The petitioner is engaged in publishing, printing, and marketing of books. On September 4, 2009 the petitioner has entered into a Distributorship Agreement with the said company whereby the said company was appointed as the non-exclusive distribu...
Agri Hoticultural Society of India Vs. State of W.B.
Court: Kolkata
Decided on: Sep-22-2015
ORDER SHEET WP No.3805 of 1994 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AGRI HOTICULTURAL SOCIETY OF INDIA Versus STATE OF W.B.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 22nd September, 2015. Appearance: Mr.Arunava Ghosh, Adv.Mr.Anant Kumar Shaw, Adv.Mr.B.N.Joshi, Adv.Ms.Pranati Das, Adv.Mr.Samrat Dey Paul, Adv.Ms.Neha Chouhan, Adv.For the petitioner. Mr.Priyabrata Ghosh, Adv.Mr.M.Maity, Adv.Mr.S.S.Bayerd, Adv.For the respondent no.3. The Court:- The petitioner society has impugned the award dated 12th July, 1994 made by the 2nd Industrial Tribunal, West Bengal, whereby the respondent no.3 workman obtained a direction in his favour as is reproduced below: Hence ordered that the termination of service of the concerned workman, Sr.Pradip Ranjan Jana being found to be illegal and not warranted by legal norMs.he is entitled to be reinstated with full backwages as probationer. Mr.Arunava Ghosh, learned Advocate appearing on behalf of the petitioner,...
M/S. J. S. Chandhok (Developers) Pvt. Ltd. Vs. M/S. J. Sen and Sons Pv ...
Court: Kolkata
Decided on: Sep-18-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN E.C.No.314 of 2012 G.A. No.977 of 2013 G.A. No.1075 of 2013 G.A. No.1076 of 2013 G.A. No.1116 of 2013 M/S. J.S. CHANDHOK (DEVELOPERS) PVT. LTD. VS. M/S. J.SEN & SONS PVT. LTD. For the Decree-holder : Mr. Pratap Chatterjee, Sr. Adv., Mr. Mrinal Kanti Chatterjee, Mrs. Somali Mukhopadhyay. For G.A. No.977 of 2013 : Mr. Amitava Das, Mr. Pingal Bhattacharyya. For G.A. No.1075 of 2013 : Mr. Jishnu Chowdhury, Mrs. Noelle Banerjee, Mr. Dipak Dey. For G.A. No.1076 of 2013 : Mr. Joyak Gupta, Mr. Brotindro Mullick. For G.A. No.1116 of 2013 : Mr. Raja Basu Chowdhury, Mr. P. Karan Singh. Heard On :27. 02.2015, 19.03.2015, 24.03.2015, 21.07.2015 Judgment On :18. h September, 2015 Soumen Sen, J.:- The applications filed by the four interveners questioning the executability and enforceability of a decree dated 9th December 2011 passed in C. S. No.118 of 2010 as against them are the su...
Bejoy Kumar Nundy Vs. Ranjeet Kumar Nundy and Ors.
Court: Kolkata
Decided on: Sep-18-2015
ORDER SHEET CSOS No.3 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEJOY KUMAR NUNDY Versus RANJEET KUMAR NUNDY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th September, 2015. Appearance: Mr.Rupok Ghosh, Adv.Mr.Saunak Sengupta, Adv.Mr.S.Chakraborty, Adv.The Court: This originating summons suit has been instituted by the plaintiffs who are descendant of one Tincoree Nundy. One Tincoree Nundy being the great grandfather of the plaintiff and consecrated and established a family deity of the plaintiffs being Sr.Sr.Radha Gonbinda Jew (hereinafter referred to as the said deity) and performed its Nitya Seba Puja himself. After the death of the said Tincoree Nandy, the seba puja of the said deity being regularly performed by the four sons of Tincoree Nandy, namely, Akshoy Kumar Nandy, Krishna Das Nandy, Haridas Nandy and Chandi Das Nandy, all since deceased. The eldest son of Tincoree Nandy, being Jogendra Nath Nandy, however, renounced his...
Ashirwad Steels and Industries Ltd. and Anr. Vs. The State of W.B. and ...
Court: Kolkata
Decided on: Sep-18-2015
OD-4 WP No.388 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASHIRWAD STEELS & INDUSTRIES LTD.& ANR. Versus THE STATE OF W.B.& ORS BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 18, 2015. Appearance: Mr.Arif Ali, Adv.Md.Sayeed Khan, Adv.Mr.Rudra Sarkar, Adv.Mr.S.K.Gupta, Adv.The Court : The petitioners complain of the perceived high-handedness of the respondent corporation in cancelling the allotment of a five-acre plot in Barjora, Bankura. The allotment has been cancelled by a letter of December 9/12, 2011 by citing clause 16 of the terms and conditions governing the allotment as contained in the application brochure. The relevant term required the allottee to commence production within 18 months of the formal hand-over of possession of the land, failing which the corporation had a right to terminate the allotment and recover possession of the land. The allotment was made by a letter of May 2, 2005 indicating that the possession of ...
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