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May 24 2016 (HC)

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

Court : Kolkata

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 liable to pay such workman, during the period of pendency of such proceedings in the high court or the supreme court, full 2 wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule, if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such court. the proviso to the said section provides that where it is proved to the satisfaction of the high court or the supreme court .....

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May 20 2016 (HC)

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

Court : Kolkata

in the high court at calcutta (ordinary original civil jurisdiction) original side present: the hon ble 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 hon ble 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 bench of this court vide a judgement passed on 8th june, 2011. it was directed therein- his lordship (that is the trial court) shall take decision independently. this court only has settled the issue on consent of the parties in this matter on the question of alternative remedy and not otherwise. it is agreed by the parties that the observations recorded in our order on the question of alternative remedy are acceptable in this case only. .3. it is therefore clear that the above observations .....

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May 20 2016 (HC)

Subrato Sengupta Vs. State Bank of India Through Its Chief General Man ...

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p. (s) no. 2439 of 2016 1. subrato sengupta, s/o late nirmal sengupta, r/o flat no. 4a, vendant apartment, manoram nagar, p.o. & p.s.-hirapur, dist.- dhanbad, jharkhand ... petitioner -v e r s u s- 1. state bank of india through its chief general manager, local head office, p.o. & p.s.-gandhi maidan, patna, bihar.2. general manager (nw-ii) cum disciplinary authority, state bank of india, local head office, p.o. & p.s.-gandhi maidan, patna, bihar.3. deputy general manager & cco, state bank of india, local head office, p.o. & p.s.-gandhi maidan, patna, bihar.4. sri d. n. singh, inquiry authority cum assistant general manager (osd), state bank of india, zonal office, p.o. & p.s.-bank more, dhanbad, jharkhand.5. sri anchal abhishek, presenting officer cum chief general manager (risk rater), state bank of india, local head office, p.o. & p.s.- gandhi maidan, patna, bihar. ... respondents --------- coram: hon ble mr. justice pramath patnaik ---------- for the petitioner : ms. shruti shrestha, advocate. for the respondents : mr. rajesh kumar, advocate. ----------- c.a.v. on 18.05.2016. pronounced on 20.05.2016 per pramath patnaik,j: in the accompanied writ application, the petitioner has sought for quashing of the entire departmental proceeding initiated vide charge sheet dated 17.12.2015 on the ground that the alleged charges are analogous and similar to charges levelled against the petitioner in the pending criminal case and for .....

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May 20 2016 (HC)

Gopal Prasad Vs. Steel Authority of India Ltd. and Ors

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p.(s) no. 6060 of 2010 gopal prasad, son of late bhudhar prasad, resident of yadubansh nagar (near yadav panchayat bhawan) p.o. chas, ps chas, district bokaro. petitioner versus 1.steel authority of india ltd.& ors through its, chairman having office at ispat bhawan, lodi road, p.o. & p.s. lodi road, new delhi. 2.the managing director, bokaro steel plant, p.o. & p.s. bokaro steel city, district bokaro. 3.the general manager (personnel), bokaro steel plant p.o. & p.s. bokaro steel city, district bokaro. 4.the estate officer, bokaro steel plant, p.o. & p.s. bokaro steel city, district bokaro. respondents present coram: hon'ble mr. justice ratnaker bhengra for the petitioner :mr. rohit roy, advocate for the sail : mr. abhay mishra, advocate c.a.v. on :18. 12.2015 pronounced on:20. -5 - 2016 judgment1 the prayer of the petitioner is for issuing show cause as to how they have withheld an amount of rs. 4,30,000/ (approximately) from the retirement benefit of the petitioner and further for direction to immediately release the amount of rs.4,30,000/ (approximately), which has been withheld by the respondent authorities without any authority or any order with compensatory interest.2. before proceeding with the matter, an initial question was raised by the respondents and needed to be settled was whether this high court was the appropriate forum for deciding the issues involved in this case,rather it should be decided by the central .....

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May 20 2016 (HC)

Rajnish Kumar Singh Alias Rajnish Kumar Vs. The State of Jharkhand

Court : Jharkhand

1 in the high court of jharkhand at ranchi cr.rev. no.512 of 2015 rajnish kumar singh @ rjnish kumar son of shambhu nath singh, resident of national institute of financial planning (nifp), 6th floor, jagannath apartment, circular road, p.o. & p.s lalpur, dist-ranchi, jharkhand, presently at no.2, 2nd floor,gangadhar acharya layout, devsharan, main road, ayyappa nagar, r.p.puram, bangalore (karnataka)...............................petitioner versus state of jharkhand.................................................opposite party coram: hon'ble mr. justice ananda sen for the petitioner: m/s. krishna murari and ahmed raza for the state : mr. vikash kishor, app for the informant: in person reserved on 29.4.2016 delivered on 20.5.2016 20/ .5.16. in this revision application, the petitioner has prayed for quashing of the order dated 5.12.2013 and also for quashing the order dated 2.3.2015 passed in g.r.no.240 of 2012 y the judicial magistrate, ranchi. by order dated 5.12.2013 the learned magistrate issued non-bailable warrant of arrest against the petitioner on the petition filed by the investigation officer and by order dated 2.3.2015 process under section 82 of the code of criminal procedure issued against the petitioner on the application filed by the investigating officer. being aggrieved with the said two orders, the petitioner has filed this application for setting aside the same. a complaint petition was filed by one santosh kumar soni implicating this petitioner and others .....

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May 20 2016 (HC)

Ashok Kumar Mandal Vs. The State of Jharkhand and Anr

Court : Jharkhand

in the high court of jharkhand at ranchi cr. revision no. 322 of 2016 ------------ ashok kumar mandal, son of kashinath mandal resident of shiv puri west, near kali mandir, ps- sadar, po- hazaribag, district- hazaribagh ... petitioner versus 1. the state of jharkhand 2. nikesh kumar singh, son of late chandra shekhar singh resident of village kadma, ps- palwal, po- hazaribag, dist.-hazaribag ... ... opp. parties ------------ coram: hon'ble mr. justice ravi nath verma for the petitioner : mr. pandey neeraj rai , advocate for the state : mr. suraj verma, a.p.p. for o.p. no.2 :- mr. gautam rakesh, advocate ------------ cav on- 26/04/2016 pronounced on-20/05/2016 invoking the revisional jurisdiction of this court under sections 397 and 401 of the code of criminal procedure (in short the code?), the prayer has been made to set aside the judgment dated 27.01.2016 passed by learned additional sessions judge-xi, hazaribag in cr. appeal no. 142 of 2014 whereby and whereunder while affirming the judgment of conviction and order of sentence passed against the petitioner under section 138 of the negotiable instrument act, the petitioner has been directed to pay rs.40,000/-to the complainant-opposite party no.2 as compensation.2. heard the, learned counsel appearing for the petitioner as well as learned counsel for the opposite party no.2 and learned counsel representing the state.3. it is not necessary to delve into the facts leading to the institution of proceedings, as the petitioner .....

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May 20 2016 (HC)

Gopi Ram Vs. State of Jharkhand

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p. (s) no. 851 of 2012 gopi ram, son of late sahdeo ram, (pasi), resident of village-sheopuri road, p.o. and p.s. latehar, district-latehar. .... petitioner versus 1. the state of jharkhand.2. the deputy commissioner, latehar, p.o. and p.s. latehar, district-latehar (jharkhand).3. the sub divisional officer, latehar, p.o. and p.s. latehar, district- latehar, jharkhand.4. the district land acquisition officer, latehar-cum-enquiry officer, latehar p.o., p.s. & district-latehar, jharkhand.5. the block development officer, mahuawadand, p.o. and p.s. mahuadand, district-latehar, jharkhand.6. the treasury officer, p.o., p.s. & district-latehar ... respondents --- coram : hon'ble mr. justice pramath patnaik --- for the petitioner : mr. chandra shekher pandey, advocate for the respondents : ms. jyoti nayan, j.c to g.p. iv ----- cav on 17.03.2016 pronounced on 20/05/ 2016 per pramath patnaik, j.in the accompanied writ application, the petitioner has prayed for quashing of the order dated 20.10.2011 passed by respondent no.2 in departmental proceeding wherein the petitioner has been imposed with the punishment of compulsory retirement by the disciplinary authority and for direction to respondents for reinstatement in services with consequential benefits.2. bereft of unnecessary details, the facts as disclosed in the writ application is that initially the petitioner was appointed as assistant clerk- cum-typist in the year 1990 and was posted .....

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May 20 2016 (HC)

Ajay Kumar Vs. State of Jharkhand and Ors

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p. (s) no. 3083 of 2010 ajay kumar, son of sri ram nagina singh, resident of saket vihar, harmu housing colony, p.o. & p.s: argora, district-ranchi. .... petitioner versus 1. the state of jharkhand through chief secretary.2. secretary, water resources department, vishweshwaraiya bhawan (nepal house), doranda, p.o. & p.s. doranda, district-ranchi. 3.under secretary, water resources department, vishweshwaraiya bhawan (nepal house), doranda, p.o. & p.s. doranda, district-ranchi. ... respondents --- coram : hon'ble mr. justice pramath patnaik --- for the petitioner : mr. a. k. sahani, advocate for the respondents : m/s binod singh, sc (l &c) & pravin kr. rana, j.c to sc (l &c) ----- cav on 18.03.2016 pronounced on 20/05/ 2016 per pramath patnaik, j.in the accompanied writ application, the petitioner has prayed for quashing of the order dated 03.09.2009 issued by respondent no.3 (annexure-4) imposing the punishment of censure for the year 2006-07, withholding of one increment with cumulative effect and depriving from salary for the period of suspension except subsistence allowance.2. bereft of unnecessary details, the facts as disclosed, in the writ application is that the petitioner was initially appointed on the post of junior engineer in water resources department in the year 1987. in course of time, the petitioner was promoted to the post of assistant engineer in the year 2002 and after re-organisation of the states, the services of .....

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May 20 2016 (SC)

Pragna Paramita Praharaj Vs. State of Orissa

Court : Supreme Court of India

non-reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.532 of2016(arising out of slp(crl.) no.9510/2015) pragna paramita praharaj appellant(s) versus state of orissa respondent(s) judgment abhay manohar sapre, j.leave granted. this appeal has been filed against the order dated 11.05.2015 passed by the division bench of the high court of orissa at cuttack in misc. case no.528 of 2015 in criminal appeal no.202 of 2015 whereby the high court has, pending appeal against the judgment of the district & sessions judge, jajpur, dismissed the bail application filed by the appellant herein.3) the appellant(daughter) along with two other accused, i.e., her father and mother were prosecuted and eventually convicted for commission of murder of one boy-sanjay rana and were directed to undergo life sentence by the learned sessions judge, jajpur in ct no.76/2010.4) the appellant and two accused filed appeal being crl. a. no.202 of 2015 in the high court of orissa at cuttack. in the appeal, the appellant, i.e., daughter filed an application seeking suspension of her jail sentence. by impugned order, the application was rejected and suspension was declined. felt aggrieved, the appellant (daughter) has filed this appeal by way special leave petition before this court.5) we have heard the learned counsel for the parties and also perused the record of the case.6) having regard to the totality of the facts and circumstances appearing in the case, which need .....

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May 20 2016 (HC)

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

Court : Kolkata

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., in wp324of 2016, ms payel verma, adv. wp403of 2016 & wp404of 2016: for the state: mr abhratosh majumdar, sr adv., mr prithu dudharia, adv., mr soumitra mukherjee, adv., ms p. bandhopadhyay, adv. hearing concluded on: may 17, 2016. before sanjib banerjee, judge date: may 20, 2016. sanjib banerjee, j.: the issue involved in all the matters is the same: whether bitumen emulsion should be regarded as bitumen and covered by entry 14 of the list of goods taxable at five per cent in part-i of .....

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