Kolkata Court December 2016 Judgments
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Technoshop Private Limited Vs. Mr. Clive Hughes
Court: Kolkata
Decided on: Dec-08-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad CS No.355 of 2009 Technoshop Private Limited Versus Mr. Clive Hughes For the plaintiff : Mr. Deb Kumar Sen, Advocate Mr. Retobrato Mitra, Advocate Ms. Taniya Mitra, Advocate For the defendant : Mr. A. C. Kar, Sr. Advocate Mr. Anirban Kar, Advocate Heard on :01. 12.2016 C.A.V. on :01. 12.2016 Judgment on :08. 12.2016 This is a suit for eviction of a trespasser valued at Rs. 29,40,000/-. Plaintiffs case in brief is that in or about 1960 on Mrs. M. Jansz was inducted by the plaintiffs predecessor in title as monthly tenant in respect of flat No.11, on the 2nd floor of the front building comprised at Municipal premises No.12/1, Lindsay Street, Police Station New Market, Calcutta-700 087 (hereinafter known as suit premises) at a monthly rental of Rs. 370/- payable according to the English Calendar month. Said Mrs. M. Jansz regularly made payment of the monthly rent t...
Pam Developments Private Ltd. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Dec-08-2016
1 Order Sheet ORDER SHEET AP No.151 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: PAM DEVELOPMENTS PRIVATE LTD.VERSUS UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th December, 2016. Appearance: Mr.Sakya Sen, Adv.Mr.Priyankar Saha, Adv.Mr.Amritam Mandal, Adv.Ms.Aparna Banerjee, Adv.The Court: This is an application for setting aside of an award dated 30th December, 2015 passed by the sole arbitrator. The petitioner was awarded a contract as a successful tenderer for development works for Building/Rehabilitation on the RCC Box Br. No.262 (12 x 3.66 in Arch) Up and DN Line under AEN/Rampurhat. The estimated value of the contract was Rs.1,75,88,913.64. The work was to be completed within 8 months from the date of issuance of the acceptance letter. The letter of acceptance was issued on the 14th February, 2011. The claimant in terms of the agreement also submitted a bank guarantee for a sum of Rs.8,79,446/-....
Price Water House and Anr. Vs. Commissioner of Income Taxxix and Ors.
Court: Kolkata
Decided on: Dec-08-2016
In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP733of 2014 Price Water House & Anr. -Vs.Commissioner of Income Tax-XIX & ORS.With WP735of 2014 Lovelock & Lewes & Anr. -Vs.Commissioner of Income Tax, Kolkata-XIX & ORS.Before For the petitioners : The Honble Justice Arijit Banerjee : Mr.S.Pal, Sr.Adv.Mr.D.Kundu, Sr.Adv.Mr.I Nandi, Adv.Mr.D.P.Samanta, Adv.Mr.P.Das, Adv.For the Respondents : Mr.R.N.Bandopadhyay, Adv.Mr.P.Dudhoria, Adv.Heard On : 01.04.2015, 13.05.2015, 15.07.2015, 19.08.2015 26.08.2015, 31.08.2015, 08.09.2015, 22.09.2015 09.10.2015, 26.11.2015, 15.12.2015, 21.12.2015 11.02.2016, 19.05.2016, 30.06.2016 CAV On : 19.07.2016 Judgment On : 08.12.2016 Arijit Banerjee, J.: (1) These two writ petitions arise out of similar facts and involve the same question of law. Accordingly, the two writ petitions were taken together for hearing and are being disposed of by this common judgment and order. (2) The subject matter of challenge in the two writ petiti...
Jagabandhu Ghosh Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Dec-07-2016
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr.Justice Subrata Talukdar W.P.1148 of 2015 Jagabandhu Ghosh -vs.State of West Bengal & ORS.For the Petitioner : Mr.S.S.Arefin For the State : Mr.Amitesh Banerjee Mr.B.Ghosh Heard on : 06/01/2016 Judgement on : 07/12/2016 Subrata Talukdar, J.: In this writ application prayer is made for a writ of Mandamus commanding the State respondents to allow the petitioner pensionary benefits from the date of his retirement. Sr.Syed Shamsul Arefin, Ld. Counsel appearing for the writ petitioner submits that the petitioner was initially appointed as an Assistant Teacher of the school in issue and such appointment was approved by the District Inspector of Schools (Secondary Education).Burdwan (for short DI (SE) vide his Memo dated 15th December, 1973. Sr.Arefin points out that during his service the petitioner duly exercised his option under Section 17 of the Revision of Pay and Allowances Rules, 1990 (f...
M/S Child in Need Institute (Cini) Vs. Fourth Industrial Tribunal and ...
Court: Kolkata
Decided on: Dec-07-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Hon'ble Justice SUBRATA TALUKDAR December 7, 2016. GA3469of 2016 GA3470of 2016 GA3472of 2016 GA3473of 2016 GA3486of 2016 GA3487of 2016 GA3488of 2016 GA3490of 2016 GA3492of 2016 GA3493of 2016 GA3494of 2016 WP1043of 2016 M/S CHILD IN NEED INSTITUTE (CINI) versus FOURTH INDUSTRIAL TRIBUNAL & ORS.Appearance: Mr.Ranjan De, Advocate, Mr.B.Banerjee, Advocate For the Petitioner Mr.Saibal Mukherjee, Advocate for Respondent No.3. Mrs.Tapati Samanta, Advocate for the State The Court :- In support of the above noted Gas being GA3469of 2016, GA3470of 2016, GA3472of 2016, GA3473of 2016, GA3486of 2016, GA3487of 2016, GA3488of 2016, GA3490of 2016, GA3492of 2016, GA3493of 2016 and GA3494of 2016 Mr.Saibal Mukherjee, learned counsel appeaRs.Each of the said GAs are applications under Section 17B of the Industrial Disputes Act, 1947 (for short the 1947 Act) praying, inter alia, for a direction to release the full las...
Union of India Vs. Plazer Machine Craft Pvt. Ltd.
Court: Kolkata
Decided on: Dec-07-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN A.P. 355 of 2006 UNION OF INDIA VS. PLAZER MACHINE CRAFT PVT. LTD. For the Petitioner : Mr. Partha Sarathi Bose, Sr. Adv., Ms. Aparna Banerjee, Adv. For the Respondent : Mr. Swarnandu Ghosh, Adv., Mrs. Suchishmita Ghosh, Adv., Mr. Prashant Kumar Tripathi, Adv. Heard On :01. 12.2016 Judgment On :7. h December, 2016 Soumen Sen, J.:- This is an application for setting aside of an award passed on 31st March, 2006 under Section 34 of the Arbitration and Conciliation Act, 1996. The grounds for challenge are two-fold:(i) The arbitrator appointed by this Court to adjudicate the dispute lacks jurisdiction in view of Clause 2900 of the Indian Railway Standard Conditions of Contract (hereinafter referred to as the said contract.). (ii) Granting of interest on the security deposit of Rs.1 lakh contrary to Clause 2400 of the said contract. The aforesaid two Clauses 2900 and 2400 of...
Pragma Buildtech Pvt. Ltd. Vs. Ranjit Kumar Saha
Court: Kolkata
Decided on: Dec-06-2016
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN C.P.No.303 of 2015 PRAGMA BUILDTECH PVT.LTD.versus RANJIT KUMAR SAHA For the Petitioner : Mr.Mr.Mr.Mr.Utpal Bose , Sr.Adv., Mainak Bose, Adv., Ranjit Kr. Basu, Adv., Prantik Gorai, Adv.For the Company : Mr.Abhrajit Mitra, Sr.Adv., Mr.Samit Sanyal, Adv., Mr.Anirban Das, Adv.Heard On : 07.11.2016, 21.11.2016, 28.11.2016. Judgment On : 6th December, 2016 Soumen Sen J.:- The petitioner has filed this winding up petition on the ground that the company has failed and neglected to discharge its debt for a sum of Rs.1.38 Crores payable under a loan transaction. The petitioner has referred to a cheque dated April 15, 2014 drawn on Union Bank of India in favour of the Company for a sum of Rs.90 lakhs by way of a loan. In view of alleged failure to pay the aforesaid sum, a statutory notice was issued on 26th February, 2015. The Company replied to the statutory notice on 17th March, 2015 allegin...
Vigneshwara Properties Pvt. Ltd. Vs. Ranjit Kumar Saha
Court: Kolkata
Decided on: Dec-06-2016
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN C.P.No.302 of 2015 VIGNESHWARA PROPERTIES PVT.LTD.versus RANJIT KUMAR SAHA For the Petitioner : Mr.Mr.Mr.Mr.Utpal Bose , Sr.Adv., Mainak Bose, Adv., Ranjit Kr. Basu, Adv., Prantik Gorai, Adv.For the Company : Mr.Abhrajit Mitra, Sr.Adv., Mr.Samit Sanyal, Adv., Mr.Anirban Das, Adv.Heard On : 07.11.2016, 21.11.2016, 28.11.2016. Judgment On : 6th December, 2016 Soumen Sen J.:- The petitioner has filed this winding up petition on the ground that the company has neglected to discharge its debt for a sum of Rs.1.38 Crores payable under a loan transaction. The petitioner has referred to a cheque dated April 15, 2014 drawn on Union Bank of India in favour of the Company for a sum of Rs.1.90 Crores by way of a loan. The petitioner alleged that the company in part discharge of its obligation had paid a sum of Rs.52 lakhs on 17th July, 2014 through RTGS and has failed and neglected to pay the ba...
Tirumala Conclave Private Limited Vs. Kolkata Municipsala Corporation ...
Court: Kolkata
Decided on: Dec-06-2016
ORDER SHEET WP7472012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TIRUMALA CONCLAVE PRIVATE LIMITED Versus KOLKATA MUNICIPSALA CORPORATION & OTHERS BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 6th December, 2016. Appearance : Mr.Abhrajit Mitra, Sr.Adv., Mr.Sarvapriya Mukherjee, Adv., Mr.Sandip Dasgupta, Adv., for the petitioner. Mr.Ashoke Kumar Banerjee, Sr.Adv., Mr.Alak Kumar Ghosh, Adv., Mr.Gopal Chandra Das, Adv., Mr.Debangshu Mondal, Adv., for the KMC. The Court : The petitioner seeks a direction for mutation of its name in the records of the Municipal Corporation in respect of Premises No.4, Ramohan Mullick Garden Lane, Kolkata except 5 cottahas 2 chittacks recorded in the name of a third party. The learned Senior Advocate for the petitioner submits that, the fiRs.petitioner is a purchaser of the immovable property concerned. It had purchased such immovable property in a Court auction from a Receiver. Subsequent to the purchase, the petitioner...
Rajiv Kant Mishra Vs. Union of India and Ors.
Court: Kolkata
Decided on: Dec-06-2016
ORDER SHEET WP No.616 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAJIV KANT MISHRA Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 6th December, 2016. Appearance: Mr.R.Chowdhury, Adv.Mr.Amitabrata Roy, Adv.Mr.Bhaskar Prasad Banerjee, Adv.The Court :- The petitioner seeks a right to participate in the examination for the purpose of grant of license to a Customs House Agent. Learned Advocate for the petitioner submits that, the examination of a Customs House Agent is guided by the Customs House Agents Licensing Regulations, 2004. He submits that, although the petitioner had participated in the examination on his own capacity and did not clear the same, his right of participating in the examination and clearing the same within two years of the license emanated out of Regulation 8(5) of the Regulations, 2004. He submits that, the father of the petitioner was a partner of a Customs House Agent. In terms of Regulation 8(...
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