Kolkata Court January 2017 Judgments
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Centex (India) Engineers Pvt. Ltd. Vs. Union of India
Court: Kolkata
Decided on: Jan-13-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.4696 of 1997 AC No.70 of 1997 CENTEX (INDIA) ENGINEERS PVT.LTD.versus UNION OF INDIA For the Petitioner : Mr.Jayanta Kr. Mitra, Ld. A.G., Mr.Supriyo Bose, Sr.Adv., Ms.Kumkum Das (Dutt).Adv., Mr.Gautam Som, Adv.For the Respondent : Ms.Aparna Banerjee, Adv.Heard On : 10.11.2016, 16.11.2016, 17.11.2016, 01.12.2016, 15.12.2016, 22.12.2016, 05.01.2017, 12.01.2017. Judgment On : 13th January, 2017 Soumen Sen, J.:- This is an application for setting aside of an award under Sections 30 and 33 of the Arbitration Act, 1940. Centex (India) Engineers PVT.Ltd., a partnership firm, was awarded a Contract dated 2nd January, 1992 by the respondent for construction of four Bridges Nos.109, 143, 155 and 171 in connection with the Sonnagar Garhwa Line Doubling Phase-II between Nabinagar and Satbahini Stations under an agreement being Agreement No.CE/CON/III/1324 dated 2nd January, 19...
Purnendu Kumar Bagchi Vs. Indian Overseas Bank and Anr.
Court: Kolkata
Decided on: Jan-13-2017
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP104of 2015 Purnendu Kumar Bagchi -vs.Indian Overseas Bank & Anr. Before : The Honble Justice Arijit Banerjee For the Petitioner : Mr.Soumya Majumder, Adv.Mr.Victor Chatterjee, Adv.For the Respondents : Mr.R.N. Majumder, Adv.Mr.S.Chakraborty, Adv.Mr.Supratim Bhattacharjee, Adv.Heard On 03.09.2015, : 05.06.2015, 16.11.2015, 25.08.2015, 27.08.2015, 19.11.2015, 01.12.2015, 24.08.2016, 31.08.2016, 02.11.2016 CAV On : 02.11.2016 Judgment On : 13.01.2017 Arijit Banerjee, J.: (1) In this proceeding the writ petitioner prays for a writ of mandamus commanding the respondents to disbuRs.the petitioners differential salary along with interest for the period during which he was placed under suspension, annual increment for ten months along with interest thereon and interest on delayed payment of gratuity. The undisputed facts of this case forming the background of this writ petition are briefly as follows. (2) The petiti...
Derby Sales Pvt. Ltd. and Anr. Vs. Sanjay Mitra, Chief Secy., Land and ...
Court: Kolkata
Decided on: Jan-13-2017
In the High Court At Calcutta Special Jurisdiction (Contempt) Original Side GA2666of 2016 CC156of 2015 Derby Sales PVT.LTD.& Anr. -Vs.Sanjay Mitra, Chief Secy., Land & Land Reforms Dept. & ORS.Before : The Honble Justice Arijit Banerjee For the Petitioners : Mr.Abhrajit Mitra, Sr.Adv.Mr.C.Gupta, Adv.Mr.D.R. Basu, Adv.For the KMC : Mr.Ashok Banerjee, Sr.Adv.Mr.Alok Kr. Das, Adv.Mr.Gopal Ch. Das, Adv.For the State : Mr.J.K. Mitra, Advocate General, Mr.Amitesh Banerjee, Sr.Adv.Mr.B.Ghosh, Adv.For the Applicant : Mr.P.K. Ray, Sr.Adv.Heard On : 03.10.2016 Judgment On : 13.01.2017 Arijit Banerjee, J.: (1) This contempt application has been filed for alleged violation of a judgment and order dated 4 June, 2015 whereby WP No.829 of 2013 (Derby Sales PVT.LTD.& Anr.-vs.-State of West Bengal and Ors.) was disposed of. The operative portion of the said order of which violation is alleged reads as follows:- In view of the aforesaid, this court directs the respondent authorities to hand over vacant ...
…plaintiff Vs. Sabitendra Nath Roy and Ors.
Court: Kolkata
Decided on: Jan-13-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad CS78OF2015SUBRATA GHOSH Plaintiff VS SABITENDRA NATH ROY & ORS...Defendants M/S.MITRA & GHOSH PUBLISHERS PVT.LTD...Proforma Defendant. For the plaintiff : Mr.Reetobrato Mitra, Adv.Mr.Rudrajit Sarkar, Adv.Mr.Indradeep Basu,Adv.For the defendants : Mr.Balaram Mukherjee, Adv.Mr.Sanjoy Banerjee, Adv.Ms.Sanchita Barma Roy, Adv.Heard on : 15.12.2016 C.A.V.on : 15.12.2016 Judgment on : 13.01.2017 This is suit for a decree that a scheme be framed for management and administration of M/S.Mitra & Ghosh Publishers PVT.Ltd., for declaration of special resolution taken in the meeting dated August 4, 2014 and entire resolutions passed in the annual general meeting held on 26th September, 2014 except the resolution relating to annual accounts and declaration of dividend are illegal null & void and for a decree declaring that the defendant Nos.1 and 2 are not directors of the p...
Tapas Kumar Datta Vs. Indian Institute of Technology, Kharagpur and Or ...
Court: Kolkata
Decided on: Jan-12-2017
ORDER SHEET GA NO.1143 OF2016WITH APO NO.63 OF2016WP NO.403 OF2014IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE TAPAS KUMAR DATTA Versus INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR AND ORS.BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE MIR DARA SHEKO Date : 12th January, 2017. MR.TAPAS KUMAR DATTA APPEARS IN PERSON MR.R.N.MAJUMDAR, MR.SOURAV CHAKRABORTY, MR.SUPRATIM BHATTACHARJEE, ADVOCATES APPEAR FOR RESPONDENTS The Court : Mr.Tapas Kumar Datta in person preferred an appeal assailing the order dated 20th January, 2016 passed by the learned Single Judge in W.P.No.403 of 2014 which, upon hearing both sides has been dismissed, penultimate portion of which is as follows:It appears that thesis submitted by the petitioner was sent for due evaluation by examineRs.The same stood rejected by the foreign examiner, as also by the third examiner on reference by the institute. This appears to be communicated by a letter dated June 10, 2002. The writ petition...
South Calcutta Diesels Pvt. Ltd. Vs. Bengal Diesels and Ors.
Court: Kolkata
Decided on: Jan-12-2017
ORDER SHEET GA No.3042 of 2013 With CS No.291 of 2013 GA No.3269 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SOUTH CALCUTTA DIESELS PVT.LTD.Versus BENGAL DIESELS & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 12th January, 2017. Appearance: Mr.Abhrajit Mitr Sr.Adv.Mr.Jishnu Chowdhury, Adv.Mr.Soumabho Ghose, Adv.MRS.Sonia Sharma, Adv.Mr.Uttam Sharma Adv.Ms.Hasnuhana Chakraborty, Adv.The Court: The claim in the suit is arising out of price of goods sold and delivered. The defendant was the sole selling agent of BOSCH India LTD.The petitioner used to purchase diesel fuel injection spare parts sold under the logo BOSCH through the defendant no.1. The plaintiff from time to time disbursed diveRs.sums on various dates out of which it is claimed that the defendant has failed to deliver the goods aggregating to a sum of Rs.69,90,000/-. The petitioner in the affidavit in support of the summons for final judgment has relied upon five cheques aggr...
Angelo Brother Ltd. (in Liqn.) Vs. Bennett Coleman and Co. Ltd.
Court: Kolkata
Decided on: Jan-12-2017
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CA856of 2016.. With CP575of 1982 ANGELO BROTHER LTD. (IN LIQN.) Versus BENNETT COLEMAN & CO. LTD. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :12. h January, 2017. Mr. Deepak Khosla, Adv. Mr. Joydeep Kar, Sr. Adv. The Court : Main matter before this Court is an application by which a consent order passed in Company Petition No.575 of 1982 on 25th March, 1983 and 27th April, 1983 are sought to be recalled. C.P. 575 of 1982 is a winding up application instituted by Bennett Coleman & Co. Ltd. The applicants in the application being CA715of 2015 are Angelo Brothers Ltd. and Hungerford Investment Trust Ltd. seeking recall of the consent order. An application has been filed by Bennet Coleman & Co. Ltd. for dismissal of this recall application, which has been registered as CA187of 2016. This matter was scheduled for hearing on 11th January, 2017. On that date Mr. Kar, learned senior counsel appearing for Bennett...
Rampuria Industries and Investments Limited Vs. Deputy Commissioner of ...
Court: Kolkata
Decided on: Jan-11-2017
ORDER SHEET WP No.1156 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAMPURIA INDUSTRIES & INVESTMENTS LIMITED Versus DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE72).KOL. & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th January, 2017. Appearance: Mr.Ananda Sen, Adv.Mr.Sabyasachi Mandal, Adv.For the petitioner. Mr.Shekhar B. Saraf, Adv.For the respondents. The Court :- The petitioner assails a notice under Section 148 of the Income Tax Act, 1961. Learned Advocate for the petitioner submits that, the assessment of the petitioner was sought to be re-opened under Section 148 of the Income Tax Act, 1961 after four yeaRs.He submits that, in terms of Section 147 of the Income Tax Act, 1961 an Assessing Officer seeking to reopen an assessment after four years is required to form an opinion with regard to necessity to reopen such assessment. He submits that, in the present case, there is no material before the Assessing Officer to form such opinio...
Pinaki Roy and Ors. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Jan-10-2017
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P.No.506 of 2015 Pinaki Roy & ORS.versus State of West Bengal & ORS.For the petitioners:- Mr.Arindam Banerjee Ms.Arpita Saha Mr.Subham Sinha ..Advocates For the State:- Mr.J.K.Mitra..Sr.Adv.Mr.Debjit Mukherjee Advocates For the KMC: - Mr.Alok Kumar Ghosh Mr.A.Banerjee Ms.Tanusree Das Gupta Mr.S.Panda Advocates Judgement On: - 10th January, 2017 I.P.MUKERJI, J. This writ claims a direction in the nature of Mandamus asking the respondent Corporation to cancel the declaration of the building standing on premises No.8B, Abhoy Mitra Street, Ward No.-9, Borough-I, Kolkata-700 005 as a heritage building. It also challenges the validity of Section 425B and 425C of the Kolkata Municipal Corporation Act, as being ultra vires Article- 14 of the Constitution of India and void under Article -13 thereof. This building according to the gradation of heritage buildings into Grades-I, IIA and IIB published by the Kolkata Muni...
Vijai Shree Limited Vs. Union of India and Ors.
Court: Kolkata
Decided on: Jan-10-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad CS No.145 of 2006 Vijai Shree Limited Versus Union of India & ORS.For the plaintiff : Mr.Dhruva Ghosh, Senior Advocate Mr.Sanjoy Bose, Advocate Ms.Pritha Bhowmick, Advocate Mr.Abhishek Banerjee, Advocate For the defendant No.6 : Mr.Aniruddha Mitra, Advocate Mr.S.Prasad, Advocate For the Railways : Mr.P.S. Bose, Sr.Advocate MRS.Aparna Banerjee, Advocate Heard on : 29.11.2016 C.A.V.on : 29.11.2016 Judgment on : 10.01.2017 This is a suit for a decree for Rs.53,55,381/- and for an enquiry into the damages suffered by the plaintiff. Plaint case in brief is that the plaintiff carries on business of manufacture and trading in various Jute products and has its Jute Mill situated at Shibpur, in the District Howrah, West Bengal. At present the said Jute Mill is being operated in consonance with a sanctioned Scheme approved by the Board of Industrial and Financial Reconstr...
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