Kolkata Court February 2016 Judgments
Ram Gopal Rajpuria Vs. Sandeep Rajpuria and Ors.
Court: Kolkata
Decided on: Feb-29-2016
GA363of 2016 With CS44of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAM GOPAL RAJPURIA Versus SANDEEP RAJPURIA & ORS.BEFORE: The Honble JUSTICE HARISH TANDON Date: 29th February, 2016. Mr.Debnath Ghosh, Adv.Ms.S.Ganguli, Adv.Mr.S.Roy, Adv.Ms.Payel Bhattachariya, Adv..for the plaintiff. Mr.Raja Basu Chowdhury, Adv.Mr.Kallol Saha, Adv.Mr.Tanoy Chakraborty, Adv..for the defendants. The Court:- Undisputedly, the plaintiff is a registered owner of trade mark namely, Brunito, Corsini and Canetti which would be evident from the certificate issued by the Registrar of trade mark on September 4, 2006 and November 30, 2004 respectively. The plaint simply proceeds that the plaintiff out of his skill and hard labour tailored the shirt to render service to sophisticated high customers and gained good reputation in the market. The fabrics which are used for making the tailored shirt are of high quality as imported from outside the country. A proprietorship c...
Tag this Judgment!Gyan Bharati Vidyapith and Anr. Vs. The Director of School Education a ...
Court: Kolkata
Decided on: Feb-29-2016
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Samapti Chatterjee WP2068of 2002 Gyan Bharati Vidyapith & Anr. Vs The Director of School Education & Others For the Petitioners : Mr. Bhaskar Sen, Learned Senior Advocate Mr. Koushik Chowdhury, Learned Advocate Ms. Sayan Roy Chowdhury, Learned Advocate For the Respondent : Mr. Pramit Kr. Ray, Learned Senior Advocate Mr. Arik Banerjee, Learned Advocate Mr. Rajib Mullick, Learned Advocate For the State : Mr. Joyotosh Majumder, Asst. Addl. Advocate General Mr. Amitesh Banerjee, Learned Advocate Ms. Debjani Roy, Learned Advocate Heard on :22. 06.2015, 08.07.2015, 14.07.2015, 22.07.2015, 29.07.2015, 04.08.2015, 25.08.2015, 04.09.2015, 18.09.2015, 24.09.2015 , 27.11.2015 & 02.12.2015 Judgment on : February 29, 2016 Samapti Chatterjee, J.1. The petitioner has filed the present writ petition assailing the impugned memo dated 29th May, 2002 issued by the Director of School Education, West Be...
Tag this Judgment!Kedar Nath Sen Vs. Smt. Sulekha Sen and Ors.
Court: Kolkata
Decided on: Feb-26-2016
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE : The Honble JUSTICE SOUMEN SEN C.S.No.2 of 1996 Kedar Nath Sen versus Smt. Sulekha Sen & ORS.For the plaintiff : Mr.Tapan Coomar Dey, Mr.Debsoumya Basak. For the Defendant s : Mr.Arindam Banerjee. Heard On : 09.10.2015, 27.11.2015, 04.12.2015, 18.12.2015, 21.12.2015. Judgment On : 26th February, 2016 Soumen Sen, J. :- The suit has now come up for acceptance of the report filed by the Advocate Commissioner and pass a final decree for partition on consideration of the report. The Advocate Commissioner was appointed for dividing the suit property by metes and bounds in accordance with the shares declared under the preliminary decree. The plaintiff has accepted the report filed by the Commissioner of Partition. The defendants, however, raised objection with regard to the acceptance of the said report. The defendant Nos.1,2 and 3 have stated that the Commissioner of Partition has incorrectly recorded in...
Tag this Judgment!Sheo Kumar Mishra, Appellant Vs. Deputy Commissioner Income Tax,ccvii, ...
Court: Kolkata
Decided on: Feb-26-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE PRESENT: HONBLE JUSTICE GIRISH CHANDRA GUPTA AND HONBLE JUSTICE SHIVAKANT PRASAD ITA NO.825 OF2004SHEO KUMAR MISHRA, APPELLANT Versus DEPUTY COMMISSIONER INCOME TAX,CC-VII, CALCUTTA & ANR., RESPONDENTS. Advocates For Appellant: Mr.J.P.Khaitan, Sr.Advocate, with Mr.S.Das, Advocate, Mr.A.Chaudhury, Advocate and Mr.R.Poddar, Advocate. Advocate For Respondents Chatterjee, Advocate. : Mrs.S.Hearing concluded on: 26.02.2016 Judgement delivered on: 26.02.2016 Girish Chandra Gupta, J. The subject matter of challenge in the appeal is a judgment and order dated August 31, 2004, passed by the learned Income Tax Appellate Tribunal, A Bench, Kolkata, pertaining to the block period commencing from April 1, 1988 upto April 21, 1998, passed in I.T.(SS)A. No.103/Kol/2003, partly allowing the appeal preferred by the assessee. Aggrieved by the judgment and order of the learned Tribunal, the assessee has come up in ...
Tag this Judgment!Sudipta Banerjee Vs. Ashis Kumar Sen and Anr.
Court: Kolkata
Decided on: Feb-25-2016
GA3363of 2014 GA1940of 2014 GA3274of 2015 CS157of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUDIPTA BANERJEE Versus ASHIS KUMAR SEN & ANR. BEFORE: The Honble JUSTICE HARISH TANDON Date: 25th February, 2016. Mr.Amitava Das, Adv.Ms.Saswati Chatterjee, Adv.Mr.S.S.Sarkar, Adv.Ms.Ishita Chatterjee, Adv..for the petitioner. Mr.Sakya Sen, Adv.Mr.Amritam Mandal, Adv.Mr.Sunil Kumar Gupta, Adv..for the respondents. The Court:- This is an application for judgement on admission in respect of a part of the claim which constraint the defendants to promptly react taking a plea that the admission should not only be clear and unambiguous but an unconditional too. Admittedly the parties entered into the contract for making a construction on a property owned by the defendants. Certain disputes cropped up between the parties and negotiations were made on the bill submitted by the plaintiff for the work done in terms of the agreement. The plaintiff relied upon a ...
Tag this Judgment!Nilima Mishra and Ors. Vs. Krishna Kumar Mishra
Court: Kolkata
Decided on: Feb-25-2016
GA No.121 of 2016 CS No.282 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NILIMA MISHRA & ORS.-VersusKRISHNA KUMAR MISHRA Appearance: Mr.Rupak Ghosh, Adv.Mr.Soumen Das, Adv...for the petitioner. Mr.Anirban Roy, Adv.Mr.P.C.Palchowdhury, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 25th February, 2016. The Court : The plaintiff has taken out the instant application for direction to sell the property in favour of Rudraksha developers in terms of the order dated 20th July, 2015. According to the plaintiff, the said offerer has put a price as determined by the Court in an earlier order which is a reasonable and fair market value of the said property. Several applications were taken out by the respective parties in couRs.of the said suit and orders were passed from time to time some of which are annexed to the present application, some have been annexed by the defendants in the affidavit-in-opposition filed today. direc...
Tag this Judgment!Pratyaha News Service Private Limited Vs. Pratidin Prakashani Private ...
Court: Kolkata
Decided on: Feb-24-2016
C.P.No.577 of 2015 Connected with C.A.No.206 of 2015 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction Pratyaha News Service Private Limited versus Pratidin Prakashani Private Limited For the Petitioner For the Enforcement Directorate : Mr.Ratnanko Banerjee, Sr.Advocate Ms.Manju Bhuteria, Advocate Ms.Atasi Sarkar, Advocate : MRS.Debjani Ray, Advocate Hearing concluded on : February 10, 2016 Judgment on : February 24, 2016 DEBANGSU BASAK, J. The petitioners seek sanction of a scheme of amalgamation proposed between them. The scheme contemplates vesting of the fiRs.petitioner (the transferor company) along with its assets, properties and liabilities with the second petitioner (the transferee company).The petitioners seek that, the direction be given for issuance of requisite notice to the Central Government under Section 394A of the Companies Act, 1956. Necessary directions be given for the purpose of publication of the pendency of this petition in the newspapeRs.By my Order dated Augu...
Tag this Judgment!Shivnanda Singh Vs. Standard Chartered Bank and Ors.
Court: Kolkata
Decided on: Feb-24-2016
W.P.No.2108 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Shivnanda Singh versus Standard Chartered Bank & ORS.For the Petitioner : Mr.Soumya Majumder, Advocate For the Respondents : Mr.P.S.Sengupta, Advocate Mr.Asit Kr. De, Advocate Mr.Atish D Roy, Advocate Hearing concluded on : February 10, 2016 Judgment on : February 24, 2016 DEBANGSU BASAK, J.:- The petitioner claiming himself to be a driver employed by the fiRs.respondent had made a request for a reference to the Tribunal on his retrenchment contending the same to have given rise to an industrial dispute. This request has been turned down by the impugned order. According to the petitioner, he was appointed by the fiRs.respondent as a driver with effect from 1998 at a monthly salary of Rs.3,500/-. He was drawing salary from the fiRs.respondent. He was not issued any formal appointment letter by the fiRs.respondent. His services was terminated on October 19, 2002 illegally. In support of the c...
Tag this Judgment!Commissionerate Vs. Ankit Metal and Power Ltd. and Ors.
Court: Kolkata
Decided on: Feb-23-2016
1 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL AT WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Justice Soumitra Pal The Honble Justice Mir Dara Sheko APO No.187 of 2015 W.P.No.392 of 2014 Commissioner of Central Excise and Service Tax, Durgapur Commissionerate Versus Ankit Metal & Power LTD.& ORS.For the Appellant : Mr.R.N.Das, Senior Advocate, MRS.Santa Mitra. For the Respondents : Mr.Sudhir Kumar Mehta. Judgment on : 23rd February, 2016. Soumitra Pal, J:Though this appeal was heard along with MAT974of 2015 and APO No.236 of 2015 as common questions of law are involved, for clarity, this judgment is delivered separately. This appeal has been preferred by the Commissioner of Central Excise and Service Tax, Durgapur Commissionerate, against the judgment dated 26th August, 2014 passed in W.P.392 of 2014 (Ankit Metal and Power Limited and others versus Settlement Commission and otheRs.whereby the learned Single Judge had disposed of the writ petition by passing the following order:...
Tag this Judgment!……… Appellants/Petitioners Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Feb-22-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE. PRESENT: The Honble Justice Nishita Mhatre And The Honble Justice Tapash Mookherjee A.P.O302of 2015 G.A.415 of 2014 W.P1254of 2013 DILIP SANKAR DAS & ORS. Appellants/Petitioners versus STATE OF WEST BENGAL & ORS..Respondents. For the Appellant : Mr.Debdutta Basu, Adv.For the C.T.C : Mr.Soumya Majumdar, Adv.Mr.Niladri Bhattacharjee, Adv.Mr.Prithwish Kumar Basu, Adv.Mr.SounakChanda, Adv.For the State : Mr.P.Sinha, Adv.Heard on : 01.02.2016, 08.02.2016. Judgment on : 22.02.2016. Nishita Mhatre, J.: The appellants were all employees of the Calcutta Tramways Company (1978) LTD.(hereinafter referred to as CTC).They joined service on different dates between 1971 and 1981 and retired from service in 2010 and 2011. All of them were paid their retiral benefits such as gratuity and provident fund when they were superannuated. Their grievance in the writ petition filed by them which resulted in the impugned order was that th...
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