Kolkata Court September 2017 Judgments
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Keshaw Prasad Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Sep-08-2017
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP307of 2017 Keshaw Prasad -Vs.State of West Bengal & ORS.Before : The Honble Justice Arijit Banerjee For the petitioner : Anjan Bhattacharya, Adv.For the State respondents: Mr.Sirsanya Bandyopadhyay, Adv.Heard On 22.07.2017 : 20.06.2017, CAV On : 29.08.2017 Judgment On : 08.09.2017 21.07.2017, 26.07.2017, Arijit Banerjee, J.:(1) The petitioner claims approval of his appointment in a D.A.getting School being AdaRs.Hindi High School, Bhowanipur, Kolkata. Learned Counsel for the petitioner contended that he was appointed as an unapproved teacher on 3 March, 1979 in a permanent post which was then vacant. Learned Counsel drew my attention to a resolution of the ad hoc Committee of the School taken at a meeting held on 20 May, 2006 whereby, inter alia, the School authorities unanimously resolved to forward the necessary papers in connection with the approval of the services of eight teachers of the School includin...
Anup Home Roy and Anr. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Sep-08-2017
OD-2 APO No.108 of 2017 ACO No.30 of 2017 In CP No.84 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TYRE CORPORATION OF INDIA LTD.(IN LIQN.) AND ANUP HOME ROY & ANR. versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 8th September, 2017. Appearance: Ms.Sonia Sharma, Adv..for the appellant Mr.Jayanta Mitra, Sr.Adv.Mr.Jishnu Saha, Sr.Adv.Ms.Radhika Singh, Adv.Mr.S.Dasgupta, Adv.Mr.Ishan Saha, Adv..for the respondent no.4 Mr.S.Dhar, Adv..for the State Mr.Ranajit Chowdhury, Adv..for the Official Liquidator The Court : The appeal arises out of an order dated June 16, 2016 by which both the immovable property and the movables at the factory site of the company (in liquidation) at Kankinara, North 24-Parganas have been sold in favour of the respondent no.4 herein at a sum of Rs.12 crore. The appeal is by some erstwhile workers of the company (in liquidation).At the initial stage of ...
Union of India Vs. Radha Chemicals
Court: Kolkata
Decided on: Sep-07-2017
ORDER SHEET AP171OF2007IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA Versus RADHA CHEMICALS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 7th September, 2017. Mr.L.K.Chatterjee, Sr.advocate, Ms.A.Banerjeefor petitioner. Mr.A.Ghosh, Mr.P.Chakraborty, Mr.S.Chatterjee..for respondent. The Court : Goods were supplied by the respondent to the Union of India under a contract/contracts between November 1987 and 1991. In June, 2004, the respondent issued a notice under section 21 of the Arbitration and Conciliation Act, 1996 stating that disputes and differences had arisen between the parties out of the contract/contracts and that the matter should be referred to arbitration. On 28th February, 2007 an officer of the Railways, Mr.Laxman Nath Murmu made and published an award directing the Union to pay the respondent Rs.21,60,440/- together with interest @ 12% per annum from 1st January, 2001 till the date of publication of the award. The counte...
Saukat Ali Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Sep-07-2017
ORDER SHEET W.P.No.467 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAUKAT ALI Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th September, 2017. For Petitioner : Mr.Ramij Munsi, Adv.For KMC : Mr.Alok Kr. Ghosh with Mr.Debangshu Mondal, Adversus For Respondent Nos.7-9 : Mr.Debasish Karmakar, Adv.For State : Mr.Manoj Malhotra with Mr.Suman Dey, Adversus The petitioner claims to be co-owner of an undivided property being premises no.B/17A/H/2, Mominpur Road, Ekbalpur, Kolkata 700 023 and filed the instant writ petition for mandamus upon the Corporation authorities to demolish G+4 storied building constructed by the private respondent at the said premises. It is stated in the writ petition that the respondent Nos.7 to 9 with the help of their associates started demolishing the old structure with the intent to construct a multi-storied building without obtaining any sanction of building plan from the...
The Peerless General Finance and Investment Vs. Commissioner of Income ...
Court: Kolkata
Decided on: Sep-06-2017
ORDER SHEET WP No.1952 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE PEERLESS GENERAL FINANCE & INVESTMENT Versus COMMISSIONER OF INCOME TAX-I, KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 6th September, 2017. Appearance: Mr.Abhijit Chatterjee, Sr.Adv.Mr.Somak Basu, Adv.For the petitioner. Md.Nizamuddin, Adv.Mr.Siddhartha Lahiri, Adv.For the respondents. The Court :- The petitioner assails a notice under Section 148 of the Income Tax Act, 1961 proposing to reopen the assessment year 1999-2000. The reasons for such reopening is also under challenge. The final order dated September 22, 2009 negating the objections raised by the petitioner to such reopening is also under challenge in the present writ petition. Learned senior advocate appearing in support of the writ petition submits that, as appearing from the averment made in the affidavit-in-opposition, the impugned notice under Section 148 was issued without the prior approv...
Distribution Co. Ltd. Vs. Kotak Mahindra Bank Ltd. @ Ing Vysya
Court: Kolkata
Decided on: Sep-06-2017
GA No.3728 of 2016 CS No.173 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE WEST BENGAL STATE ELECTRICITY DISTRIBUTION Co.LTD.-VersusKOTAK MAHINDRA BANK LTD.@ ING VYSYA BANK LTD.Appearance: Mr.Mainak Bose, Adv...for the plaintiff. Mr.Dipanjan Datta, Adv.Mr.Sayan Datta, Adv.Mr.Atanu Basu, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th September, 2017. The Court : The plaintiff has taken out a summons for judgment for a sum of Rs.6,98,50,000/- payable by the defendant under an inland letter of credit. The petitioner is a distribution licencee within the meaning of Section 2(17) of the Electricity Act, 2003. for electricity One Vasavi Steel Industries LTD.applied connection Electricity Board (WBSEB).from the erstwhile West Bengal An agreement dated 15th November, 1997 was entered into between WBSEB and Vasavi Steel by which the company furnished a bank guarantee as well as a security deposit for availing the supply of e...
Rajat Agarwal and Anr. Vs. Quadrific Media Pvt Ltd and Anr.
Court: Kolkata
Decided on: Sep-06-2017
ORDER SHEET ALP No.4 of 2017 IN THE HIGH COURT AT CALCUTTA Extra Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAJAT AGARWAL & ANR. Versus QUADRIFIC MEDIA PVT LTD & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th September, 2017. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Debnath Ghosh, Adv.Mr.Shuvashish Sen, Adv.Ms.Arunima Lala Sengupta, Adv.Mr.S.Roy, Adv.Mr.P.Sinha, Adv.Mr.Joydeep Roy, Adv.Mr.A.Chakraborty, Adv.Mr.Arijit Dey, Adv.Mr.Jayanta Kumar Mitra, Sr.Adv.Mr.Tilak Bose, Sr.Adv.Mr.Sayantan Bose, Adv.Mr.M.Singh, Adv.The Court : The plaintiff has filed this application under Clause 13 of the Letters Patent, 1865. The basis of the application appears to be a subsequent suit filed by the Quadrific Media PVT.LTD.against the Rajat Agarwal and Guru Sports Media PVT.LTD.before the District Judge, Alipore being TS No.5 of 2017. Quadrific and Peter are defendant nos.7 and 3 in the High Court suit. Peter was made a proforma defendant in the Alipore suit. The plaintiff has filed a...
Efcalon Tie Up Pvt. Ltd. Vs. West Bengal Financial Corporation
Court: Kolkata
Decided on: Sep-06-2017
1 ORDER SHEET GA No.1966 of 2017 CS No.138 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction EFCALON TIE UP PVT.LTD.Versus WEST BENGAL FINANCIAL CORPORATION BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 6th September, 2017. Appearance: Mr.Sabyasachi Chowdhury, Sr.Adv.Mr.Anirban Kar Ms.Anindita Ghose for the plaintiff Mr.Jishnu Chowdhury Mr.Chayan Gupta Mr.Sandip Dasgupta for the defendant The Court:- This G.A.1966 of 2017 is at the instance of the plaintiff Efcalon Tie Up Private Limited, has been filed praying for an order for framing of preliminary issue to the extent whether the document dated 7th July, 2008 being a Memorandum of Understanding (MOU).has been adequately stamped as per the Indian Stamp Act, 1899 and required to be registered as per Indian Registration Act, 1908 and to decide the suit only on that issue considering it to be an issue of law. Such an application has been made by the petitioner-plaintiff to advance an argument that the do...
Manoj Kumar Das Vs. Kakali Das
Court: Kolkata
Decided on: Sep-06-2017
IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE TS92008 IN THE GOODS OF : ASIM KUMAR DAS (DEC) AND MANOJ KUMAR DAS -VSKAKALI DAS BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 6th September, 2017. Appearance: Mr.Suman Kumdar Dutt, Mr.Paritosh Sinha Mr.Joydeep Roy Mr.A.Dey, Adversus Mr.Chanchal Kumar Dutt, Ms.Krishna Mullick, Adversus The Court : PLA62of 2006 was filed by the propounder plaintiff Sr.Manoj Kumar Das for having grant of probate on the last Will and Testament dated 24th February, 2005 of Asim Kumar Das (deceased).The probate application has been contested by the defendant by filing caveat and affidavit in support of such caveat and subsequently, the proceeding has been treated as a testamentary suit. Now, the parties have reached a settlement that is to say the defendant agreed not to oppose the grant of probate. The settlement has been taken on record. The Will has been duly proved. In the settlement one issue has been agreed by b...
Sesa International Limited Vs. Avani Projects and Infrastructure Limit ...
Court: Kolkata
Decided on: Sep-05-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.1919 of 2017 G.A.No.1705 of 2017 G.A.2282 of 2017 C.S.No.113 of 2017 SESA INTERNATIONAL LIMITED versus AVANI PROJECTS & INFRASTRUCTURE LIMITED & ORS.AND RELIANCE COMMERCIAL FINANCE LTD.For the Petitioner/Plaintiff : Mr.Anindya Kumar Mitra, Sr.Adv., Mr.Ajay Krishna Chatterjee, Sr.Adv., Mr.Abhrajit Mitra, Sr.Adv., Mr.V.N.Dwivedi, Adv., Mr.Argha Jena, Adv., Ms.Jayanti Char, Adv.For the Defendant No.2 : Mr.Mr.Mr.Mr.For the Respondents : Mr.Jishnu Saha, Sr.Adv., Mr.Anirban Kr. Ray, Adv.For Reliance Commercial Finance : Mr.Tilak Kr. Bose, Sr.Adv., Mr.Ravi Kapur, Adv., Mr.A.Kanodia, Adv.Hearing Concluded On : 17.08.2017 Judgment On : 5th September, 2017 Soumen Sen, J:- S.K.Kapoor, Sr.Adv., Ranjan Bachawat, Sr.Adv., Vikas Tewary, Adv.Sanket Saraogi, Adv.The three applications filed by the plaintiff, the defendant No.2 and Reliance Commercial Finance LTD.are disposed of ...
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