Kolkata Court September 2016 Judgments
Abhijit Sharma Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Sep-21-2016
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr.Justice Subrata Talukdar W.P.766 of 2015 Abhijit Sharma -vs.State of West Bengal & ORS.For the Petitioner : Mr.Sakti Pada Jana For the State : Mr.Amitesh Banerjee Mr.Tarak Karan Heard on : 18/03/2016 & 27/04/2016 Judgement on : 21/09/2016 Subrata Talukdar, J.: In this writ petition the petitioner claims approved appointment to the sanctioned post of clerk in the Secondary Section of Tantia High School, Kolkata (hereinafter referred to for short as the said school).The facts of the case are briefly as follows:That the petitioner was granted an appointment to the said post of clerk by the School Authority vide letter of appointment dated 10th of September, 2010 to be effective from 22nd April, 2010. Such appointment was purely on a consolidated remuneration without any obligation of the School Authority to grant any benefits of regular appointment in favour of the petitioner. However, by a...
Tag this Judgment!Angira Bhattacharya Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Sep-21-2016
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr.Justice Subrata Talukdar W.P.31 of 2016 Angira Bhattacharya -vs.State of West Bengal & ORS.For the Petitioner : Mr.S.S.Arefin For the State : MRS.Chaitali Bhattacharya Mr.S.Bandopadhyay Heard on : 15/02/2016; 18/03/2016 & 13/05/2016 Judgement on : 21/09/2016 Subrata Talukdar, J.: In this writ application the petitioner claims compassionate appointment consequent upon the death of her mother, who was an Assistant Teacher in Bio-Science at the P.D.Girls High School, Dhoniakhali, District- Hooghly (hereinafter referred to as the said School).The facts of the case are briefly as follows:That the mother of the petitioner died in harness on 22nd October, 2008. Thereafter, the father of the petitioner also died on 28th of August, 2009. Among the surviving children were the petitioner and her younger sister. At paragraph 5 of this writ petition, the petitioner claims to have applied for compassi...
Tag this Judgment!Srei Infrastructure Finance Ltd. Vs. Surya Teleinfra Pvt. Ltd. and Ors ...
Court: Kolkata
Decided on: Sep-20-2016
O51GA3173of 2014 CS371of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION SREI INFRASTRUCTURE FINANCE LTD.Versus SURYA TELEINFRA PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th September, 2016. Mr.Jishnu Saha,Sr.Advocate Ms.H.Chakrabarty,Advocate Ms.N.Chatterjee,Advocate Ms.Ruby Jaiswal,Advocate appeaRs.appeaRs.appeaRs.appeaRs.Mr.Sabyasachi Chowdhury,Sr.Advocate appeaRs.Mr.Kuldeep Mallick,Advocate appeaRs.Mr.Anil Chowdhury,Advocate appeaRs.Mr.Amritam Mandal,Advocate appeaRs.The Court : -The plaintiff claims that a credit facility of Rs.1.25 crore made available by the plaintiff to the fiRs.defendant company for developing its telecommunications infrastructure has been diverted for the acquisition of a property in the name of the fourth defendant. The plaintiff says that its case is corroborated by the stance taken in the affidavits by the defendants. The second and third defendants are shareholders and persons in control of the fiRs.defendan...
Tag this Judgment!Gbk Resources Pvt. Ltd. Vs. Matang Sinh
Court: Kolkata
Decided on: Sep-20-2016
O-57 GA No.1098 of 2015 CS No.81 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side GBK RESOURCES PVT.LTD.Versus MATANG SINH BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 20, 2016. Appearance: Mr.Samrat Sen, Senior Advocate Mr.Suman Dutta, Advocate Mr.Sukrit Mukherjee, Advocate Mr.Amritam Mandal, Advocate ...for the plaintiff. Mr.Chayan Gupta, Advocate Mr.P.P.Dasgupta, Advocate ...for the defendant. The Court : The matter of significance in this petition is not so much the claim but the defence put up by a maladroit businessman who doubles up as a member of the Parliament. Since the exalted citizen is now a State guest, in addition to the decree that he suffers hereunder, the appropriate authorities should avail of his presence at the State facilities to conduct further enquiries as directed hereinafter. The plaintiff company makes out a case that it had lent and advanced a total sum of Rs.9 crore between January and March, 2011 to t...
Tag this Judgment!Joydev Pal, Deceased –andversusjoydev Paul Vs.
Court: Kolkata
Decided on: Sep-16-2016
ORDER SHEET GA2721of 2016 With TS17of 2015 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF: JOYDEV PAL, DECEASED ANDVERSUS JOYDEV PAUL-VSDIPANWITA PAUL (DATTA) BEFORE: The Hon'ble JUSTICE RANJIT KUMAR BAG Date : 16th September, 2016. Appearance: Mr.Suman Dutta, Adv.Ms.Debjani Ghosh, Adv.Ms.Paulami Bose, Adv..for the plaintiff. Mr.Niladri Banerjee, Adv.Mr.Soumyajyoti Nandi, Adv..for the defendant. The Court: The defendant petitioner has prayed for appointment of handwriting expert for comparison of signature of Joydev Pal appearing on the Will dated August 27, 2013 with the signature of Jaydev Pal appearing on the marriage certificate dated August 3, 2007 and for submission of report by such expert whom the defendant can examine on the witness box. Mr.Banerjee, learned Counsel for the petitioner contends that the petitioner changed her Counsel after August 5, 2016 and before commencing of witness action in the suit. He further submits th...
Tag this Judgment!Dhansar Engineering Co. Pvt. Ltd. and Anr. Vs. The New India Assurance ...
Court: Kolkata
Decided on: Sep-15-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P.No.1135 of 2015 With W.P.No.1137 of 2015 Dhansar Engineering Co.PVT.LTD.& Anr. versus The New India Assurance Company LTD.& ORS.For the Petitioners : Mr.Sabyasachi Chowdhury, Advocate Mr.Syed Huda, Advocate Mr.Amit Nag, Advocate Hearing concluded on : September 8, 2016 Judgment on : September 15, 2016 DEBANGSU BASAK, J.:- Two writ petitions involving similar issues are taken up for hearing analogously. The petitioner essentially seeks a declaration that the repudiation of the claim under a contract for insurance is wrong and that the petitioner is entitled to the amount assessed by the Surveyor, at the least. W.P.No.1135 of 2015 is taken up for consideration first. Learned Advocate for the petitioner submits that, the repudiation is contained in the writing dated April 11, 2013 issued by the insurance company. He submits that, taking every statement made in the letter of repudiation to be true and correct,...
Tag this Judgment!Narayan Chandra Saha Vs. Union of India and Ors.
Court: Kolkata
Decided on: Sep-15-2016
ORDER SHEET WP No.561 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NARAYAN CHANDRA SAHA Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 15th September, 2016. Mr.Rupak Ghosh, Adv.for the petitioner Mr.Malay Kr. Das, Ms.Aparna Banerjee Adv.for the respondents The Court : The petitioner has assailed few letters issued by the Railway Authorities demanding possession from the petitioner in respect of the licensed premises. Learned Advocate for the petitioner has submitted that, the petitioner had entered into a licence agreement with the Railway Authorities on March 24, 1988. He has referred to few clauses of such licence agreement and has submitted that, a notice to quit the licensed premises has not been issued by the designated Authority. He has further submitted that, in any event, the Railway Authorities cannot take the law to their own hand and by invoking the provisions of Section 147 of the Railways Act, 1989 to t...
Tag this Judgment!Mishra and Mishra Agencies and Anr. Vs. Union of India and Anr.
Court: Kolkata
Decided on: Sep-15-2016
In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP1193of 2013 Mishra & Mishra Agencies & Anr. -Vs.Union of India & Anr. Before : The Honble Justice Arijit Banerjee For the Petitioners : Mr.Rizu Ghoshal, Adv.Mr.Sayantan Bose, Adv.Mr.R.Dutta, Adv.Ms.S.Purkayastha, Adv.For the Respondents : Mr.Sharaf, Adv.Heard On 19.05.2016 : CAV On : 19.05.2016 Judgment On : 15.09.2016 18.02.2016, 10.03.2016, 22.04.2016, Arijit Banerjee, J:(1) In this application the writ petitioners challenge an order dated 24 October, 2014 passed by the Commissioner of Customs (Airport & Administration).Calcutta in a proceeding against the petitioner No.1 under Regulation 22(7) of the Customs House Agents Licence Regulations (hereinafter referred to as CHALR).2004. By the said order, the Commissioner in exercise of his power under Regulation 20(1) of the CHALR2004(replaced by Regulation 18 of the Customs Brokers Licencing Regulations, 2013) revoked the Customs House Agents Licence (in shor...
Tag this Judgment!Berger Paints India Ltd. Vs. Commissioner of Central Excise,
Court: Kolkata
Decided on: Sep-15-2016
ORDER SHEET WP No.433 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BERGER PAINTS INDIA LTD.Versus COMMISSIONER OF CENTRAL EXCISE, KOL-II COMMISSIONERATE & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 15th September, 2016 Appearance Mr.J.P. Khaitan, Sr.Adv.with Ms.Nilanjana Banerjee, Adv.Mr.R.N. Das, Sr.Adv.with Ms.Aishwarya Rajyashree, Adv.The petitioner has assailed an order dated March 15, 2014 passed under Section 14AA of the Central Excise Act, 1944 (hereafter the said Act) on the ground that, the impugned order has been passed in breach of principles of natural justice and that the impugned order is unreasoned. Learned Senior Advocate appearing for the petitioner has relied upon a decision of the Supreme Court reported in (2008) 300 ITR403(SC) [Sahara India (firm) versus Commissioner of Income-Tax & Another].and submitted that, since under Section 14AA of the said Act entails civil consequences, the authorities are obliged to grant a...
Tag this Judgment!Mishra and Mishra (Agencies) Enterprises and Anr. Vs. Union of India a ...
Court: Kolkata
Decided on: Sep-15-2016
In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP1193of 2013 Mishra & Mishra (Agencies) Enterprises & Anr. -Vs.Union of India & Anr. Before : The Honble Justice Arijit Banerjee For the Petitioners : Mr.Rizu Ghoshal, Adv.Mr.Sayantan Bose, Adv.Mr.R.Dutta, Adv.Ms.S.Purkayastha, Adv.For the Respondents : Mr.Sharaf, Adv.Heard On 19.05.2016 : CAV On : 19.05.2016 Judgment On : 15.09.2016 18.02.2016, 10.03.2016, 22.04.2016, Arijit Banerjee, J:(1) In this application the writ petitioners challenge an order dated 24 October, 2014 passed by the Commissioner of Customs (Airport & Administration).Calcutta in a proceeding against the petitioner No.1 under Regulation 22(7) of the Customs House Agents Licence Regulations (hereinafter referred to as CHALR).2004. By the said order, the Commissioner in exercise of his power under Regulation 20(1) of the CHALR2004(replaced by Regulation 18 of the Customs Brokers Licencing Regulations, 2013) revoked the Customs House Agents Li...
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