Kolkata Court December 2016 Judgments
Vs. Ratna Mitter and Ors.
Court: Kolkata
Decided on: Dec-23-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE G.A31182016 APO2692016 W.P.449/2013 Convent of Our Lady Providence Girls High School & ORS.versus Ratna Mitter & ORS.GA31192016 APO2712016 WP4552013 Convent of Our Lady Providence Girls High School & ORS.versus MRS.Geeta Kumari Singh & ORS.GA31202016 APO2732016 WP4502013 Convent of Our Lady Providence Girls High School & ORS.versus Mitali Ghosh & ORS.GA31222016 APO276/2016 WP4532013 Convent of Our Lady Providence Girls High School & ORS.versus Soma Dutta & ORS.GA31332016 APO2772016 WP4522013 Convent of Our Lady Providence Girls High School & ORS.versus Snigdha Singh & ORS.GA31352016 APO2722016 WP4512013 Convent of Our Lady Providence Girls High School & ORS.versus Ila Chakraborty & ORS.GA31362016 APO2702016 WP4542013 Convent of Our Lady Providence Girls High School & ORS.versus MRS.Anita Nigam & ORS.GA31382016 APO274/2016 WP4562013 Convent of Our Lady Providence Girls High School & ORS.versus Smt. Krishna Bhattach...
Tag this Judgment!Kamini Kapoor Vs. Punjab National Bank
Court: Kolkata
Decided on: Dec-23-2016
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side C.S.39 of 2012 G.A.907 of 2015 G.A.3335 of 2014 E.C.292 of 2013 Kamini Kapoor versus Punjab National Bank For the Plaintiff: Mr.Jishnu Saha, Sr.Advocate Ms.Sulagna Mukherjee Mr.Ashish Mukherjee .Advocates For the Intervenor: Mr.Malay Kr. GhoshSr.Advocate Mr.Rupak Ghosh Mr.Arnab Dutta Mr.Rahul Singh .Advocates Mr.Siddhartha Banerjee Mr.Victor Dutta Advocates For the Bank: Judgement on : 23rd December, 2016 I.P.MUKERJI,J. There is a building numbered as 9, Ezra Street, Kolkata-700 01. The owner leased out the ground floor to two lessees. The lease was granted by two separate deeds of lease, but the demised premises was not separated. The two lessees held them jointly. One of the lessees was Kamini Kapoor, the plaintiff. By two separate sub leases each of the lessees underlet the undivided demised portion to Punjab National Bank, the judgement debtor. I now come to the facts of the case in detail. At one poin...
Tag this Judgment!Vesuvius India Limited Vs. Lindsay International Private Limited.
Court: Kolkata
Decided on: Dec-23-2016
1 ORDER SHEET AP1070of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VESUVIUS INDIA LIMITED versus LINDSAY INTERNATIONAL PRIVATE LIMITED. BEFORE: THE HONBLE JUSTICE SOUMEN SEN Date : 23rd December, 2016. Appearance: Mr.Anindya Mitra, Sr.Adv.Mr.Pratap Chatterjee, Sr.Adv.Mr.Rishad Medora, Adv.Ms.Anshumala Bansal, Adv.Mr.Arunabha Deb, Adv....for the petitioner. Mr.S.K.Kapoor, Sr.Adv.Mr.S.N.Mookherjee, Sr.Adv.Mr.Abhrajit Mitra, Sr.Adv.Mr.Shaunak Mitra, Adv.Mr.Satadeep Bhattacharyya, Adv.Mr.S.R.Kakrania, Adv.Mr.Sanjeeb Seni, Adv.Mr.Souvik Kundu, Adv...for the respondent. The Court: The petitioner is an unpaid vendor. The petitioner has filed this application for securing and/or preservation of Rs.9 crores payable by the respondent to the petitioner on account of goods sold and delivered to ArcelorMittal (hereinafter referred to as AM).The petitioner alleged that under the terms of purchase ordeRs.the respondent is obliged to release payments within th...
Tag this Judgment!Rajib Saha Vs. Manjur Alam Mallick and Anr.
Court: Kolkata
Decided on: Dec-23-2016
ORDER SHEET GA NO.2697 OF2016With CS NO.130 OF2008EOS NO.8 OF2015IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE RAJIB SAHA Versus MANJUR ALAM MALLICK AND ANR. BEFORE: The Honble JUSTICE RANJIT KUMAR BAG Date : 23rd December , 2016. Mr.Sakya Sen, Mrs.Krishna Mullick, Mr.Sunil Dutta, Advocates for plaintiff Mr.Swarnendu Ghosh, Mr.Surya Maity, Advocates for defendants The Court : The plaintiff-petitioner has taken out an application praying for direction to the defendants to deposit the original deed of gift of the property situated at Uluberia in the District of Howrah with the learned Registrar, Original Side on the ground that the said deed of gift was taken back by the defendants from the custody of the learned Registrar, Original Side without any order of the Court. Mr.Sen, learned counsel for the plaintiff-petitioner contends that the defendant no.2 deposited two original deeds of gift dated March 27, 2009 with the learned Registrar, Original Side, ...
Tag this Judgment!Ifgl Refractories Limited Vs. Lindsay International Private Limited.
Court: Kolkata
Decided on: Dec-23-2016
1 ORDER SHEET AP1058of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IFGL REFRACTORIES LIMITED versus LINDSAY INTERNATIONAL PRIVATE LIMITED. BEFORE: THE HONBLE JUSTICE SOUMEN SEN Date : 23rd December, 2016. Appearance: Mr.Anindya Mitra, Sr.Adv.Mr.Pratap Chatterjee, Sr.Adv.Mr.Rishad Medora, Adv.Ms.Anshumala Bansal, Adv.Mr.Arunabha Deb, Adv....for the petitioner. Mr.S.K.Kapoor, Sr.Adv.Mr.S.N.Mookherjee, Sr.Adv.Mr.Abhrajit Mitra, Sr.Adv.Mr.Shaunak Mitra, Adv.Mr.Satadeep Bhattacharyya, Adv.Mr.S.R.Kakrania, Adv.Mr.Sanjeeb Seni, Adv.Mr.Souvik Kundu, Adv...for the respondent. The Court: The petitioner is an unpaid vendor. The petitioner has filed this application for securing and/or preservation of Rs.214 lakhs payable by the respondent to the petitioner on account of goods sold and delivered to ArcelorMittal (hereinafter referred to as AM).The petitioner alleged that under the terms of purchase ordeRs.the respondent is obliged to release payments withi...
Tag this Judgment!Kolkata Municipal Corporation and Anr. Vs. Shyam Kumar Jaiswal and Ors ...
Court: Kolkata
Decided on: Dec-22-2016
ORDER SHEET GA No.3618 of 2016 APO No.309 of 2016 With WP No.34 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KOLKATA MUNICIPAL CORPORATION & ANR. Versus SHYAM KUMAR JAISWAL & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 22nd December, 2016. Mr.Biswajit Mukherjee, Mr.Fazlul Haque, Advocates for the appellants. Mr.Arup Krishna Das, Ms.Jasmine Sheikh, Advocates for the respondent no.1/writ petitioner. The Court : By consent of the parties, the appeal is treated as on days list and taken up for hearing along with the application for stay. The instant appeal preferred by the Kolkata Municipal Corporation and its Commissioner arises out of an order passed by the learned Single Judge on 6th September, 2016 in a writ petition being W.P.34 of 2014 filed by the respondent no.1 herein. The impugned judgment and order is reproduced in its entirety hereinbelow : The writ petitioner purchased this property in 2008. ...
Tag this Judgment!Dr. Pradip Kumar Ray Chaudhuri Vs. The Kolkata Municipal Corporation a ...
Court: Kolkata
Decided on: Dec-22-2016
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP160of 2014 Dr. Pradip Kumar Ray Chaudhuri -Vs.The Kolkata Municipal Corporation & ORS.Before : The Honble Justice Arijit Banerjee For the Petitioner : Mr.Kishore Dutta, Adv.Mr.Sayantak Das, Adv.For the KMC : Mr.Aloke Kumar Ghosh, Adv.Mr.Swapan Kumar Debnath, Adv.Heard On : 30.08.2016, 07.11.2016, 15.11.2016, 17.11.2016 22.11.2016, 01.12.2016 Judgment On : 22.12.2016 Arijit Banerjee, J:(1) The petitioner is a Medical Officer at the Health Department of the respondent corporation. In this proceeding he challenges an order dated 12 December, 2013 passed by the Appellate Authority in connection with a departmental case initiated against the petitioner by issuance of charge sheet dated 19 December, 2007. (2) The charges levelled against the petitioner were that he was found to be absent from office frequently without prior intimation and even when he was in office, he was rarely found in his chair; he had the hab...
Tag this Judgment!M/S. Korp Resources Pvt. Ltd. and Anr. Vs. Deputy Commissioner of Inco ...
Court: Kolkata
Decided on: Dec-22-2016
In the High Court at Calcutta Constitutional Writ Jurisdiction Original Side GA1228of 2015 WP269of 2015 M/S.Korp Resources PVT.LTD.& Anr. -Vs.Deputy Commissioner of Income Tax, Circle-3, Kolkata & ORS.Coram : The Honble Justice Arijit Banerjee For the Petitioners : Mr.S.Basu, Sr.Adv.Mr.S Dasgupta, Adv.Mr.D.Mukherjee, Adv.For the Respondents : Mr.S.B. Saraf, Adv.Mr.K.K. Maity, Adv.Heard On : 01.04.2015, 16.04.2015, 24.04.2015, 16.11.2015 06.05.2016, 31.08.2016, 29.09.2016, 04.10.2016 CAV On : 06.10.2016 Judgment On : 22.12.2016 Arijit Banerjee, J.(1) In this writ application the petitioners challenge notices issued by the Income Tax Department under Section 148 read with Section 147 of the IT Act, 1961 pertaining to the assessment years 2007-08 to 2011-12 and other consequential notices. (2) The respondent No.1 issued five notices all dated between 6 February, 2014 and 28 February, 2015 under Section 148 of the IT Act pertaining to the five assessment years from 2007-08 to 2011-12 for r...
Tag this Judgment!Saraf Agencies Private Limited Vs. Kanoria Jute and Industries Limited
Court: Kolkata
Decided on: Dec-22-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad CS No.288 of 2007 Saraf Agencies Private Limited Versus Kanoria Jute and Industries Limited For the plaintiff : Mr. Maloy Ghosh, Advocate Mr. Aniruddha Mitra, Advocate Mr. Ajay Gaggar, Advocate Mr. A. Bose, Advocate Mr. S. Sarawgi, Advocate For the defendant : Mr. Sarathi Dasgupta, Advocate Mr. Sidhartha Sharma, Advocate Mr. Joydeep Dutta, Advocate Heard on :22. 11.2016 C.A.V. on :22. 11.2016 Judgment on :22. 12.2016 This is a suit for eviction mesne profits valued at Rs. 17,51,804.64 p. Plaint case in brief is that by an agreement for tenancy dated April 17, 1979 Rahul Investment Ltd. let out the covered area measuring about 7500 sq. ft. at the Second and Ground Floor of the Premises No.4/1, Red Cross Place, Kolkata-700 001 to Gujarat Cotton Mills Pvt. Ltd. now known as Kanoria Jute & Industries Limited, being the defendant herein, was a monthly tenant of a por...
Tag this Judgment!Co. Pvt. Ltd. and Anr. Vs. Employees’ State Insurance Corporation an ...
Court: Kolkata
Decided on: Dec-22-2016
W.P.No.747 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Vikrampore Engineering and Infrastructural Co.PVT.LTD.& Anr. versus Employees State Insurance Corporation & ORS.For the Petitioners : Mr.Soumya Majumdar, Advocate Mr.Biswaroop Bhattacharyya, Advocate Mr.Uttam Sharma, Advocate For the Respondents : Mr.T.K.Chatterjee, Advocate Hearing concluded on Judgment on : November 29, 2016 : December 22, 2016 DEBANGSU BASAK, J.:- The petitioners have assailed an Order dated April 20, 2011 passed under Section 45-A of Employees State Insurance Act, 1948 (ESI Act, 1948) and a Circular dated January 3, 2011 issued by the Joint Director, Employees State Insurance Corporation. Learned Advocate for the petitioners has submitted that, the fiRs.petitioner is engaged in the business of building construction. The fiRs.petitioner is not covered by the ESI Act, 1948. However, ESI authorities had sought to make an enquiry in respect of the employees of the fiRs.petit...
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