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Kolkata Court May 2016 Judgments

May 24 2016

M/S. Business Horizon (P) Limited and Anr. Vs. State of West Bengal an ...

Court: Kolkata

Decided on: May-24-2016

ORDER TA No.36 of 2016 T No.24 of 2016 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE M/S.BUSINESS HORIZON (P) LIMITED & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 24th May 2016. [VACATION BENCH].Appearance: Mr.Siddhartha Mitra, Senior Advocate Mr.Domingo Gomes, Advocate Mr.Bhaskar Mukherjee, Advocate ...for appellants. Mr.Arindam Mandal, Advocate ...for the State. Mr.Nayan Rakshit, Advocate ...for respondent No.3. This appeal is against the judgment and order dated 17th May, 2016 passed by the learned Single Bench allowing the application of the respondent no.3 under Section 17B of the Industrial Disputes Act, 1947. Section 17B provides that in a case where a Labour Court, Tribunal or National Tribunal, by its award, directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liabl...

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May 20 2016

Angel Distribution Co. Pvt. Ltd. and Anr. Vs. Kotak Mahindra Bank Ltd. ...

Court: Kolkata

Decided on: May-20-2016

IN THE HIGH COURT AT CALCUTTA (Ordinary Original Civil Jurisdiction) Original Side Present: The Honble Justice Sudip Ahluwalia W.P. No.493 of 2011 With G.A No.2776 of 2012 Angel Distribution Co. Pvt. Ltd. & Anr. Vs. Kotak Mahindra Bank Ltd. & Ors. For the Petitioners : Mr. Sakya Sen, Adv., Mr. Sukrit Mukherjee, Adv., Mrs. Reshmi Ghosh, Adv., For the Respondents : Mr. Sudeb Deb, Adv., Mr. A.K. Gandhi, Adv., Mr. B. Ghosh, Adv. CAV On :13. 05-2016 Judgement On :20. 05-2016 SUDIP AHLUWALIA, J.- The writ petition was originally filed seeking the following principal relief:- a) A writ of or in the nature of Mandamus do issued commanding the respondents to forthwith take steps for release of and/or handing over the Flat No.A-1 belonging to the petitioners to them without any undue delay..2. It was dismissed by the Honble Justice Jayanta Kumar Biswas (as His Lordship then was) originally on 5th May, 2011. An appeal was thereafter preferred by the writ petitioner which was allowed by a Division...

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May 20 2016

Shomenath Roy Chowdhury and Anr. Vs. Eskag Pharma Private Limited and ...

Court: Kolkata

Decided on: May-20-2016

GA No.1511 of 2016 CS No.135 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHOMENATH ROY CHOWDHURY & ANR. -VersusESKAG PHARMA PRIVATE LIMITED & ORS.Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Dr. Amarjyoti Basu, Adv.Mr.Sarvopriya Mukherjee, Adv.Ms.Rajshree Kajari, Adv.Mr.Satadeep Bhattacharyya, Adv.Ms.Sonia Sharma, Adv...for the petitioner. Mr.Arindam Mukherjee, Adv.Mr.Swarvanu Saha, Adv.Mr.Raja Sarkar, Adv...for the respondent No.1. Mr.Saswati Chatterjee, Adv.Mr.Ashim Kumar Chatterjee, Adv...for the respondent No.2. Mr.Amit Sharma, Adv.Mr.A.Tewari, Adv...for the respondent No.3. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th May, 2016. The Court : The petitioner claimed to be the owner of the patent and proprietor applications preparing iodine and to the of facilitate same marketing using the a therapeutic healing of sucralfate, finished composition wounds and tinidazole product under of topical process for and providone the trademark Dre...

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May 20 2016

Indian Oil Corporation Limited Vs. Senior Joint Commissioner, Commerci ...

Court: Kolkata

Decided on: May-20-2016

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WP2905(W) of 2016 INDIAN OIL CORPORATION LIMITED -VERSUSSENIOR JOINT COMMISSIONER, COMMERCIAL TAXES AND OTHERS For the Petitioner: Mr R. N. Bajoria, Sr Adv., Mr Avra Majumder, Adv., Mr Akhilesh Gupta, Adv., Ms Sudeshna Mazumder, Adv. AND IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WP324of 2016 With WP1163of 2015 With WP325of 2016 SHELL INDIA MARKETS PRIVATE LIMITED -VERSUSSENIOR JOINT COMMISSIONER, COMMERCIAL TAXES, CORPORATE DIVISION AND OTHERS AND WP403of 2016 SHELL INDIA MARKETS PRIVATE LIMITED -VERSUSSENIOR JOINT COMMISSIONER, COMMERCIAL TAXES, LARGE TAX PAYER UNIT AND OTHERS AND WP404of 2016 SHELL INDIA MARKETS PRIVATE LIMITED -VERSUSSENIOR JOINT COMMISSIONER, COMMERCIAL TAXES, LARGE TAX PAYER UNIT AND OTHERS For the Petitioner Mr Sumit Kumar Chakraborty, Adv., in WP324of 2016: Mr Piyal Gupta, Adv., Ms Payel Verma, Adv. For the Petitioners Mr Sumit Kumar Chakraborty, Adv....

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May 20 2016

Golden Trust Financial Services and Ors Vs. Union of India and Ors.

Court: Kolkata

Decided on: May-20-2016

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT : THE HONBLE JUSTICE PATHERYA W.P.No.2343 OF2002With W.P.No.2146 of 2002 GOLDEN TRUST FINANCIAL SERVICES & ORS VERSUS UNION OF INDIA & ORS.FOR THE PETITIONERS In W.P.2343 of 2002 FOR THE PETITIONERS In W.P.2146 of 2002 : Mr.Partha Sarathi Sengupta, Sr.Adv., Mr.Arnab Chakraborty, Adv.: Mr.Jayanta Mitra, Sr.Adv., Mr.A.Dutta, Adv.FOR RESPONDENTS : Mr.Mr.Mr.Mr.S.K. Kapoor, Sr.Adv., Samit Talukdar, Adv., N.R.Mukherjee, Adv., Atish Ghosh, Adv.HEARD ON :16.8.12, 21.8.12, 23.8.12, 28.8.12, 31.8.12, 3.9.12, 10.9.12, 11.9.12, 18.9.12, 21.9.12, & 24.9.12. JUDGMENT ON : 20th May, 2016 PATHERYA J. : By this writ petition the petitioners seek to challenge the letter dated 1st August, 2002 issued by the respondent No.4. The case of the petitioners is that it is engaged in making the public aware of the numerous insurance schemes and for such purpose deputed persons to introduce people in remote villages to some of th...

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May 20 2016

Future Mobiles and Accessories Ltd. Vs. M/S. Sanjeevani Health and Lif ...

Court: Kolkata

Decided on: May-20-2016

ORDER SHEET G.A.No.868 of 2016 A.P.O.T.No.84 of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE FUTURE MOBILES & ACCESSORIES LTD.Versus M/S.SANJEEVANI HEALTH & LIFESTYLE PVT.LTD.BEFORE : The Honble JUSTICE INDIRA BANERJEE -AndThe Honble JUSTICE SAHIDULLAH MUNSHI Date : 20th May, 2016. Appearance : Mr.Arindam Mukherjee with Mr.Navneet Misra, Adversus Mr.Debdutta Sen, Adv.In this appeal, the appellant has challenged an order dated 5th February, 2016 passed by the learned Single Judge, dismissing the appellants application for review of an earlier order dated 8th November, 2013 passed by the learned Single Judge under Section 11 of the Arbitration & Conciliation Act, 1996, hereinafter referred to as the 1996 Act. The respondent and the appellant entered into two agreements, both dated 6th December, 2008, one of which was a sub-lease agreement, whereby the respondent agreed to let out 1063 square feet of super built up area in the ground floor of City Centre M...

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May 19 2016

Harsh Vardhan Lodha and Ors. Vs. Ajay Kumar Newar and Ors.

Court: Kolkata

Decided on: May-19-2016

IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction Original Side Present: The Honble Justice Jyotirmay Bhattacharya G.A.508 of 2016 G.A654of 2016 G.A189of 2016 GA354of 2016 TS6of 2004 In the goods of : Priyamvada Devi Birla (deceased) And In the matter of : Harsh Vardhan Lodha & Ors. Vs. Ajay Kumar Newar & Ors. For the plaintiffs : : : : : : : : : : Mr. Anindya Kumar Mitra, Sr. Adv. Mr. Pratap Chatterjee, Sr. Adv. Mr. Malay Kumar Ghosh, Sr. Adv. Mr. Abhrajit Mitra, Sr. Adv. Mr. Jishnu Chowdhury, Adv. Mr. Debanjan Mandal, Adv. Mr. Sanjiv Kumar Trivedi, Adv. Mr. Soumya Ray Chowdhury, Adv. Mr. Sarvapriya Mukherjee, Adv. Mr. Satadeep Bhattacharya, Adv. For the Defendant Nos. 1(d) & 2. : : : : : : : : : Mr. P. Chidambaram, Sr. Adv. Mr. Bimal Kumar Chatterjee, Sr. Adv. Mr. Hirak Kumar Mitra, Sr. Adv. Mr. Sanjiv Sen, Adv. Mr. Swarnendu Ghosh, Adv. Mr. Debdutta Sen, Adv. Ms. Suchismita Ghosh, Adv. Mr. M.K. Seal, Adv. Mr. Shaunak Mitra, Adv. For the defendant Nos. 1b and 1c :...

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May 19 2016

M/S. Arun Sign Service Vs. Trade Wings Limited

Court: Kolkata

Decided on: May-19-2016

1 In the High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA2288of 2015 CS142of 2009 M/S.Arun Sign Service -vs.Trade Wings Limited Before For the applicant : The Honble Justice Arijit Banerjee : Mr.Krishnaraj Thaker, Adv.Mr.Swarajit Dey, Adv.Mr.Lokenath Chatterjee, Adv.Mr.Indradeep Basu, Adv.Mr.Parag Chaturvedi, Adv.For the respondent : Mr.Sakhya Sen, Adv.Mr.Biplab Majumder, Adv.Mr.M.Dutta, Adv.Heard on : 04.08.2015, 26.08.2016, 23.12.2015 CAV On : 23.12.2015 Judgment On : 19.05.2016 Arijit Banerjee, J.: (1) The instant application has been filed by one Arun Sign Service Private LTD.for restoration of CS No.142 of 2009 and for substitution of the applicant as the plaintiff in the place and stead of M/S.Arun Sign Service, a partnership firm, which had filed the suit as the original plaintiff. The material facts of the case are as follows. (2) The suit was filed on or about 19 May, 2009 by the plaintiff on record, being a partnership firm registered under the Ind...

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May 19 2016

Chitta Ranjan Ghosh Vs. Uco Bank and Ors.

Court: Kolkata

Decided on: May-19-2016

In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP325of 2015 Chitta Ranjan Ghosh -vs.UCO Bank & ORS.Before : The Honble Justice Arijit Banerjee For the petitioner : Mr.Sutanu Chakraborti, Adv.For the respondents : Mr.Soumya Majumder, Adv.Ms.Rajarshi Dutta, Adv.Mr.Sourjya Roy, Adv.Heard on 16.12.2015 : CAV On : 10.05.2016 Judgment On : 19.05.2016 15.09.2015, 15.10.2015, 10.12.2015, Arijit Banerjee, J.:(1) In this writ application the petitioner prays for a writ of mandamus directing the respondents to process his application for commutation of pension and release the same without any delay and also to convert his provisional pension to a regular pension. Case of the petitioner:(2) The petitioner joined the respondent bank in the year 1971. From time to time he was promoted and in the year 2003 he was promoted to the post of General Manager in the banks top executive grade. (3) During the period 21 June, 2001 till 8 April, 2003, the petitioner was posted as G...

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May 19 2016

Dipak Kumar Lahiri @ D. K. Lahiri Vs. National Insurance Company Limit ...

Court: Kolkata

Decided on: May-19-2016

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Debasish Kar Gupta And The Honble Justice Md.Mumtaz Khan APO237of 2013 Dipak Kumar Lahiri @ D.K.Lahiri Versus National Insurance Company Limited & ORS.For the appellant : Mr.Pratik Dhar, Sr.Adv., Mr.Ritwik Pattanayak, Mr.Debanshu Ghorai, Mr.Samir Halder For the respondent : Mr.Dipak Kumar Ghosh, Sr.Adv., Mr.Ranajay Dey. Heard on : 03/03/2016, 08/03/2016, 15/03/2016, 17/03/2016, 29/03/2016, 31/03/2016, 07/04/2016, 19/04/2016, 28/04/2016 and 03/05/2016. Judgment on: 19/05/2016 Debasish Kar Gupta , J. : This appeal is directed against a judgment dated May 14, 2010 passed in the matter of Dipak Kumar Lahiri versus National Insurance Company Limited & ORS.(in re: W.P.No.1708 of 2006).By virtue of the impugned judgment the above writ application was dismissed on contest. The subject matter of challenge in the above writ application was an order dated October 31, 2005, passed by the respon...

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