Kolkata Court September 2015 Judgments
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Rabindra Bansria and Ors. Vs. The State of West Bengal and Ors.
Court: Kolkata
Decided on: Sep-18-2015
ORDER SHEET WP No.276 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction RABINDRA BANSRIA & ORS.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 18th September, 2015. Mr.Soumya Majumder, Mr.Aniruddha Mitra, Mr.Amitava Raha, Advocates for the petitioneRs.Mr.Sadananda Ganguly,Advocate for the State. The Court : The original petitioner has filed the present writ petition assailing the objection raised by the Joint Director of Accounts, School Education Department, Kolkata returning her pension paper on the ground that post Graduate scale in language group cannot be allowed as she had possessed Post-Graduate degree in history and accordingly her service book was returned with following observation. The respondents have alleged overdrawal against the petitioner. The case of the petitioners is that the original petitioner was the Assistant Teacher in Arts of St. Margarate School and was drawing consolidated pay since not absorbed...
Agri Horticultural Society of India Vs. The State of West Bengal and O ...
Court: Kolkata
Decided on: Sep-17-2015
ORDER SHEET WP No.3805 of 1994 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE AGRI HORTICULTURAL SOCIETY OF INDIA Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 17th September, 2015. Appearance: Mr.Arunava Ghosh, Adv.Mr.Anant Kumar Shaw, Adv.Mr.B.N.Joshi, Adv.Ms.Neha Chouhan, Adv.Ms.Pranati Das, Adv.Mr.Samrat Dey Paul, Adv.For the petitioner. Mr.Priyabrata Ghosh, Adv.Mr.M.Maity, Adv.Mr.S.S.Bayerd, Adv.For the respondents. The Court :- Mr.Ghosh, learned Advocate appearing on behalf of the petitioner has relied on several judgments: i].Municipal Corporation, Raipur Versus- Ashok Kumar Mishra, reported in AIR1991SC1402in which the Supreme Court said the following: 6. Exercise of the power to extend the probation is hedged with the existence of the rule in that regard followed by positive act of either confirmation of the probation or discharge from service or reversion to the substantive post within a reasonable time af...
Visa Energy Ventures Ltd. and Anr. Vs. Il and Fs Financial Services Lt ...
Court: Kolkata
Decided on: Sep-16-2015
ORDER GA No.3083 of 2015 CS No.241 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction VISA ENERGY VENTURES LTD.& ANR. Versus IL & FS FINANCIAL SERVICES LTD.ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 16th September 2015. Appearance: Mr.S.N. Mookherjee, Sr.Advocate Mr.Ratnanko Banerjee, Sr.Advocate Ms.Manju Bhuteria, Advocate ...for the plaintiffs. Mr.S.K. Kapur, Sr.Advocate Mr.Ranjan Bachawat, Sr.Advocate Mr.Ravi Kapur, Advocate Mr.Rajiv Ginodia, Advocate Mr.Sanjay Ginodia, Advocate Mr.Sushovit Dutt Majumdar, Advocate ...for respondent No.1. The plaintiffs were enjoying various credit facilities under the loan agreement dated 20th March 2015 from the respondent No.1. In consideration of availing a short term loan agreement of Rs.24 crore, the plaintiffs have created security by pledge of 2,50,00,000 equity shares of Rs.10/- each held by the petitioner No.1 for its subsidiary company Visa Power Limited and a further 2,67,00,000 equity shares of Rs.10/- each...
Nortech Power Projects Private Limited and Anr. Vs. Bank of Baroda and ...
Court: Kolkata
Decided on: Sep-16-2015
ORDER SHEET WP No.1136 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NORTECH POWER PROJECTS PRIVATE LIMITED & ANR. Versus BANK OF BARODA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 16th September, 2015 Appearance Mr.Kanakendu Chatterjee, Adv.Mr.Victor Dutta, Adv.Mr.Bilwadal Bhattacharya, Adv.The petitioners are the debtors of the respondent Bank. Action was initiated by the Bank under section 13(2) of the SARFAESI Act by issuing a demand notice. The petitioners duly filed their objection thereto under section 13(3A) of the Act. The Bank did not accept the objection raised by the petitioners and initiated steps for taking possession of the secured asset under section 13(4)(a) of the Act. The effort having proved abortive, the Bank had approached the Chief Metropolitan Magistrate, Calcutta, by filing an application under section 14 of the Act. The Magistrate has passed an order on 29th May, 2015, inter alia, as follows: That the petitione...
Ganesh Import and Export Co. Vs. The Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Sep-16-2015
WP10012015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GANESH IMPORT AND EXPORT Co.Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 16th September, 2015. For the petitioner : Mr.Pratik Majumdar, Advocate For the Respondent Nos.9-11 : Mr.Abhijit Roy with Mr.Sobhan Pathak, Advocates For Respondent/KMC. : Mr.Lakshmi Gupta, Sr.Advocate with Mr.Rudranil Dey and Mr.N.C.Bihani, Advocates THE COURT : Pursuant to my order dated September 15, 2015, Sr.Ujjal Kumar Sarkar, the Executive Engineer (C).Building, Corporation is Borough-IV-V present in of Court. I Kolkata have shown Municipal him the report signed by him and two others on inspection of 19, Rupchand Roy Street, Kolkata 700007. Since an objection was taken by Mr.Abhijit Roy, the learned advocate for the respondent Nos.9 to 11, that the report is incomplete with regard to the specific portion of the building which needs demolition, I sought clarif...
Bengal Investments Limited Vs. Assistant Commissioner(Tarc) Service Ta ...
Court: Kolkata
Decided on: Sep-16-2015
G.A.NO.2708 OF2015APOT381OF2015W.P.NO.526 OF2015IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BENGAL INVESTMENTS LIMITED Versus ASSISTANT COMMISSIONER(TARC) SERVICE TAX-I & ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 16th September, 2015. For appellant : Mr.Ananda Sen, Advocate Mr.B.Mal,Advocate For respondent: Mr.R.Bharadwaj,Advocate Soumitra Pal, J.:- The Court : At the outset, Mr.Ananda Sen, learned advocate for the appellant submits that the delay of two days in filing the appeal may be condoned, which Mr.Bharadwaj, learned advocate for the respondent, in his usual fairness, does not oppose. Therefore, the delay in filing the appeal is condoned. Let the appeal be registered, if it is otherwise in form. Since necessary documents are on record, by consent of Mr.Sen and Mr.Bharadwaj, the appeal is treated as on days list and is taken up for hearing. This appeal has been preferred against the judgement and order d...
Warren Industrial Ltd. and Anr. Vs. Board of Trustees of the Port of K ...
Court: Kolkata
Decided on: Sep-15-2015
ORDER SHEET WP160of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WARREN INDUSTRIAL LTD.& ANR. Versus BOARD OF TRUSTEES OF THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 15th September, 2015. Mr.Joydip Kar, Sr.Adv.Mr.V.S.Menon, Adv.Mr.Saurabh Mukherjee, Adv.Mr.Abhirup Chakraborty, Adv..for the petitioners Mr.H.K.Mitra, Sr.Adv.Mr.Somnath Bose, Adv..for the respondents. The Court: The writ petitioners had suffered eviction pursuant to proceedings for the same having been initiated by the Kolkata Port Trust Authorities. The petitioners have prayed for quashing of the orders dated 6th February, 2007 and 10th August, 2007 made by the Estate Officer with regard to arrear rents and damages. Mr.Kar, learned senior Advocate appearing on behalf of the petitioners submits that in dealing with two proceedings regarding eviction, arrears of rents and damages payable by the petitioneRs.the Estate Officer had by Order no.9 dated 22nd Aug...
M/S. Jalan Distributors Pvt. Ltd. Vs. Commissioner of Income Tax, Kolk ...
Court: Kolkata
Decided on: Sep-15-2015
ORDER SHEET ITA41OF2005IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.JALAN DISTRIBUTORS PVT.LTD.Versus COMMISSIONER OF INCOME TAX, KOLKATA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 15th September, 2015. For appellant : Mr.Ananda Sen,Advocate Mr.M.Gupta,Advocate Mr.A.Samanta,Advocate For Respondent/revenue : Mr.M.P.Agarwal,Advocate Soumitra Pal, J:The Court : This appeal under section 260A of the Income Tax Act, 1961 preferred against the order dated 15th October, 2004 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata for the assessment year 1998-99 was admitted on the following substantial question of law: Whether on the facts and in the circumstances of the case the Tribunal erred in law in not allowing the claim of the assessee of interest u/s.36(1)(iii) of the I.T.Act, 1961 when on the contrary the ingredients for claiming the deduction u/s.36(1)(iii) of the Act was present in the instant cas...
Rani Leasing and Finance Ltd. Vs. Deepak Jhunjhunwala
Court: Kolkata
Decided on: Sep-15-2015
ORDER SHEET G.A.No.1584 of 2015 With C.S.No.94 of 2003 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE RANI LEASING & FINANCE LTD.Versus DEEPAK JHUNJHUNWALA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 15th September, 2015. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.J.Chowdhury, Adv.Mr.S.Ghose, Adv.Ms.S.Sharma, Adv.Mr.S.Mukherjee, Adv.Mr.U.Sharma for the plaintiff/petitioner Mr.Malay Kumar Ghosh, Sr.Adv.Mr.S.Sen, Adv.Mr.A.Mitra, Adv.Mr.S.Basu, Adv.S.K.Kesera, Adv. for the respondent The Court: The plaintiff has filed this application under Chapter 13A of the Original Side Rules for a summary judgment. In this application, the plaintiff has stated that, in or about February 2000, at the request of the respondent, the petitioner agreed to lend and advance various sums of money to the respondent aggregating to a total sum of Rs.76 lakhs on certain terms and conditions. The terms and conditions pleaded by the plaintiff are that the plaintiff would be entitle...
Shree Hari Agro Industries Ltd. and Ors. Vs. Deepak Vegpro Private Lim ...
Court: Kolkata
Decided on: Sep-14-2015
OD-7 APO No.374 of 2015 ACO No.163 of 2015 CP No.2 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHREE HARI AGRO INDUSTRIES LTD.& ORS.Versus DEEPAK VEGPRO PRIVATE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 14th September, 2015. Appearance: Mr.S.N. Mookerji, Sr.Adv.Mr.Ratnanko Banerji, Sr.Adv.Ms.Manju Bhuteria, Adv.Mr.P.K. Jewrajka, Adv.Ms.Urmila Chakraborty, Adv.Ms.A.Banerjee, Adv..for the petitioners Mr.S.K. Kapoor, Sr.Adv.Mr.Naren Sharma, Adv.Mr.D.N. Misra, Adv.Mr.Shaunak Mitra, Adv.Mr.Abhishkh Haldar, Adv.Ms.Arunima Lala, Adv..for the respondents The Court : The only ground on which the unreasoned order of the Company Law Board is sought to be sustained is of Regulation 44 of the Company Law Board Regulations, 1991. The argument has to be rejected out of hand since a tribunal, as opposed to the representative of the sovereign as a Court, cannot confer jurisdiction on itself that the statute that brings the tribunal into existe...
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