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Kolkata Court April 2017 Judgments

Apr 25 2017

Plastoiene Polymers Private Ltd. Vs. Union of India

Court: Kolkata

Decided on: Apr-25-2017

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA No.3258 of 2016 WP No.992 of 2002 PLASTOIENE POLYMERS PRIVATE LTD.Versus UNION OF INDIA WP No.992 of 2002 WP No.1076 of 2007 WP No.1077 of 2007 WP No.1779 of 2004 WP No.1780 of 2004 WP No.238 of 2003 PLASTOIENE POLYMERS PRIVATE LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th April, 2017. Appearance: MRS.Debjani Ray, Adv.Mr.Rabi Prosad Mookerji, Adv.Mr.Amitesh Banerjee, Sr.Adv.Mr.Arindam Mondal, Adv.Mr.A.Rao, Adv.Mr.S.Sen, Adv.The Court :- Six writ petitions are taken up for hearing analogously as they are by the same petitioneRs.The six writ petitions are against the customs authorities. The six writ petitions are WP No.992 of 2002, WP No.238 of 2003, WP No.1780 of 2004, WP No.1779 of 2004, WP No.1076 of 2007 and WP No.1077 of 2007. The petitioners had obtained an interim order in WP No.992 of 2002. It had obtained release of materials on the basis of bank guaran...

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Apr 24 2017

Saregama India Limited Vs. Whackedout Media Pvt. Ltd. and Anr.

Court: Kolkata

Decided on: Apr-24-2017

OD-34 ORDER SHEET GA3903of 2014 With CS426of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SAREGAMA INDIA LIMITED Versus WHACKEDOUT MEDIA PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th April, 2017. Appearance: Mr.Ranjan Bachawat, Sr.Mr.Debnath Ghosh, Mr.G.Banerjee, Mr.S.Roy Chowdhury, Adv.Adv.Adv.Adv.Mr.Ratnanko Banerjee, Sr.Adv.Mr.S.Sengupta, Adv.Mr.N.Dasgupta, Adv.The Court: The petitioner is the owner of sound recording and underlying literary and musical works in the said sound recordings forming part of the films produced by the said producers and/or production houses in terms of several deeds of assignment entered into between the petitioner and the said producers and/or production houses. The particulars of the feature filMs.in respect whereof such assignments were made in favour of the petitioner, are mentioned in paragraph 4 of the petition. The petitioner states that the defendant no.1 without obtaining necessary consent and/or pay...

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Apr 24 2017

Ava Pyne and Ors. Vs. Biva Pyne

Court: Kolkata

Decided on: Apr-24-2017

OD-5 GA No.3067 of 2016 APO No.347 of 2008 CS No.163 of 2008 GA No.1198 of 2017 GA No.1333 of 2016 GA No.866 of 2017 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AVA PYNE & ORS.Versus BIVA PYNE BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 24th April, 2017. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Sumon Dutt, Adv.Mr.S.Sengupta, Adv.Ms.S.Das, Adv.Mr.S.Banerjee, Adv..for the petitioners Mr.S.N. Mitra, Sr.Adv.Mr.Sourav Sengupta, Adv.Mr.Udaynarayan Betal, Adv.Mr.Anunoy Bagaria, Adv.The Court : The appeal has been disposed of by an order of December 17, 2008. A final decree was passed in a partition suit, with provisions made for payments to all branches. Hopefully, the matter will rest with the present order. The partition suit, CS No.163 of 2008, was in respect of the immovable properties of Chaitanya Charan Pyne and Annapurna Dassi. Chaitanya died in 1958 and his wife, Annapurna, in 1963. At the time of the in...

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Apr 24 2017

Random House Publishers India Pvt. Ltd. Vs. Mehras Books Pvt. Ltd.

Court: Kolkata

Decided on: Apr-24-2017

APO No.208 of 2016 ACO No.3 of 2016 CP No.657 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RANDOM HOUSE PUBLISHERS INDIA PVT.LTD.Versus MEHRAS BOOKS PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 24th April, 2017. Appearance: Mr.Sarathi Dasgupta, Adv.Mr.Souvik Bhadra, Adv.Mr.Arijit Basu, Adv.Ms.Shreya Asopa, Adv.The Court: The respondent company is not represented despite being aware of the appeal and despite having been represented at the initial stage. A recent notice to the company in terms of the order dated April 10, 2017 has been served on April 17, 2017, but the company is not represented. The petitioning-creditor questions the propriety of an order of admission by which the company had been directed to pay a sum of Rs.60 lakh to ward off advertisements. The substance of the appellants submission is that despite the judgment preceding the order recording that the company had no defence t...

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Apr 21 2017

M/S. Bajoria Holdings Pvt. Ltd. and Anr. Vs. The Kolkata Municipal Cor ...

Court: Kolkata

Decided on: Apr-21-2017

ORDER SHEET WP2222017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.BAJORIA HOLDINGS PVT.LTD.& ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 21st April, 2017. Mr.A.K.Mitra, Sr.Adv., Mr.Subrata Basu, Mr.A.P.Agarwalla, Advs., for the petitioner. Mr.Alak Kumar Ghosh, Mr.Achintya Kumar Banerjee, Mr.Touseef Ahmed Khan, Advs., for the KMC. The Court : The present writ petition is filed assailing the notice of requisition dated 27th March, 2017 issued under Section 558(1) of the Kolkata Municipal Corporation Act, 1980 by the licensing authority demanding various documents to be submitted within seven working days from the said date. Admittedly, the petitioner filed an objection against the said notice within the time indicated therein and apprehends that keeping such objection on record, the municipal authority may proceed to take coercive measures in violation of the statutory provisions. Before proceed...

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Apr 20 2017

Saregama India Limited Vs. Whackedout Media Pvt. Ltd. and Anr.

Court: Kolkata

Decided on: Apr-20-2017

GA No.138 of 2017 CS No.426 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAREGAMA INDIA LIMITED -VersusWHACKEDOUT MEDIA PVT. LTD. & ANR. Appearance: Mr. Pratap Chatterjee, Sr. Adv. Mr. Ranjan Bachawat, Sr. Adv. Mr. Debnath Ghosh, Adv. Mr. Soumya Roy Chowdhury, Adv. Mr. S. Dasgupta, Adv. Mr. Gautam Banerjee, Adv. ...for the plaintiff. Mr. Ratnanko Banerjee, Sr. Adv. Mr. Subhasis Sengupta, Adv. ...for the defendant No.1. Mr. Rudraman Bhattacharyya, Adv. Mr. Prithwiraj Sinha, adv. Ms. Pragya Mishra, Adv. ...for the defendant No.2. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :20. h April, 2017. The Court : This is an application for revocation of leave under Clause 12 of the Letters Patent. already entered application filed appearance by the and filed defendant The defendant no.1 has written no.1 for statement. vacating the The ad interim order of injunction was dismissed on merit on 19th January, 2015. The grounds are: a) no part of the cause of...

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Apr 18 2017

Hungerford Investment Trust Limited Vs. Turner Morrison and Co. Ltd.

Court: Kolkata

Decided on: Apr-18-2017

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CA134of 2016 CP33of 1988 HUNGERFORD INVESTMENT TRUST LIMITED Versus TURNER MORRISON & CO. LTD. BEFORE: THE HONBLE JUSTICE ANIRUDDHA BOSE Date :18. h April, 2017. APPERANCE MR. UTPAL BOSE, SR. ADVOCATE, MR. D. N. SHARMA, MR.ANUNOY BASU, MR. SRINJOY BHATTACHARYA, ADVOCATES MR. DEEPAK KHOSLA, ADVOCATE ANIRUDDHA BOSE, J.:1. This application, supported by Judges summons has been taken out by Hungerford Investment Trust, (the applicant) seeking an enquiry under Section 340 of the Code of Criminal Procedure, 1973. Prayers have also been made for initiation of contempt proceeding in relation to making of false statements in four different pleadings in proceedings registered as C.A. No.493 of 2006, counter-affidavit to C.A. No.106 of 2015, counter-affidavit to C.A. No.109 of 2015 and supplementary counter-affidavit to C.A. No.360 of 2015. The applicant further seeks an inquiry into offences alleged to have been commit...

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Apr 17 2017

M/S. Champdany Industries Ltd. Vs. State of W.B. and Ors.

Court: Kolkata

Decided on: Apr-17-2017

ORDER SHEET GA12382017; GA12302017; APOT1252017; WP10342012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S. CHAMPDANY INDUSTRIES LTD. Versus STATE OF W.B. & ORS. BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE SHIVAKANT PRASAD Date :17. h April, 2017. Mr. R.K. Dubey, Adv., for appellant. Mr. N.K. Das, Adv. with Mr. M. Roy, Adv., for State. The Court : G.A. No.1230 of 2017: This is an application for condonation of delay in filing the appeal. Since we find that sufficient cause has been we shown, No.1230 of 2017. condone the delay and allow G.A. Now, the stay application being G.A. No.1238 of 2017 is taken up for hearing along with the appeal being APOT No.125 of 2017. The registered appellant office in is a Kolkata. company The having company, its vide letter dated August 17, 1992, appointed Mr. Trilochan Pattanayak, the writ petitioner/respondent no.3, as Electrical Supervisor on probation for a period of six months, which was extended on co...

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Apr 17 2017

Dipankar De Vs. The Kolkata Municipal Corporation and Ors.

Court: Kolkata

Decided on: Apr-17-2017

ORDER SHEET APO No.58 of 2017 GA No.1225 of 2017 With WP No.106 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DIPANKAR DE Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 17th April, 2017. Mr.Jiban Ratan Chatterjee, Sr.Adv., Mr.Sounak Bhattacharya, Advocate for the appellant. Mr.Alak Kr. Ghosh, Mr.Swapan Kr. Debnath, Advocates for respondents. The Court : By consent of the parties the appeal is treated as on days list and taken up for consideration along with the application for stay. The appeal arises out of a judgment and order dated 31st January, 2017 passed by the learned Single Judge in W.P.No.106 of 2014 (Dipankar De versus The Kolkata Municipal Corporation & Ors.).The appellant before us was the writ petitioner who challenged the order of the Appellate Authority dated 26th November, 2013 before the FiRs.Court whereby and whereunder the order of the disciplin...

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Apr 13 2017

Goutam Nandi Vs. United Bank of India and Ors.

Court: Kolkata

Decided on: Apr-13-2017

In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP585of 2014 Goutam Nandi -Vs.United Bank of India & ORS.Before : The Honble Justice Arijit Banerjee For the petitioner : Mr.M.R. Sarbadhikari, Adv.For the respondents : Mr.R.N. Majumder, Adv.Heard On : 29.09.2016, 04.10.2016, 08.11.2016, 11.11.2016 17.11.2016, 24.11.2016 CAV On : 01.12.2016 Judgment On : 13.04.2017 Arijit Banerjee, J.: (1) In this writ application the petitioner, an erstwhile employee of the respondent Bank, claims the following reliefs: (a) A Rule in the nature of Mandamus commanding the Respondents to act in accordance with law and to release the Leave Encashment of 240 days with interest for delayed payment which the petitioner entitled of Bank rate of 11.5% per annum. (b) A Rule in the nature of Mandamus commanding the Respondents to pay interest amounting to Rs.1,87,560.80p on Gratuity amount for delayed payment at Banks rate of 11.5% per annum for 1410 days. (c) A Rule in the nature of ...

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