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Jun 23 2017 (HC)

Sunil Kumar Sen Vs. The Kolkata Municipal Corporation and Ors.

Court : Kolkata

order sheet w.p.no.1233 of 2013 g.a.no.1614 of 2014 g.a.no.1422 of 2016 g.a.no.200 of 2017 g.a.no.2741 of 2016 with w.p.no.843 of 2016 with w.p.no.28936(w) of 2013 can5024of 2016 in the high court at calcutta constitutional writ jurisdiction original side sunil kumar sen versus the kolkata municipal corporation & ors.before: the hon'ble justice harish tandon date : 23rd june, 2017. for petitioner : mr.surajit nath mitra, sr.adv.with mr.arindam mukherjee, ms.sananda mukhopadhyay & mrs.arundhati mukherjee, adversus for kmc : mr.barin banerjee with mr.swapan kr. debnath & mrs.sima chakraborty, adversus for cesc : mr.saurav choudhury, adv.for pvt.respondent nos.13&14 : mr.emon bhattacharya, adv.two recalcitrant tenants are putting spanner to the action required to be taken by the kolkata municipal corporation in order to avoid any casualty or loss of life. the corporation found the property in question to be in dangerous and ruinous condition and issued a notice under section 411 of the kolkata municipal corporation act, 1980. it is not in dispute that the entire property is/was occupied by the tenants. the petitioner, after such notice, approached the tenants and have stated in the instant writ petition that all such tenants have agreed with the proposal given to them except two of them who are vehemently resisting and/or contesting the instant writ petition. time and again several orders were passed in the instant writ petition so that the parties can arrive at the consensus .....

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Jun 21 2017 (HC)

Repose Properties Pvt. Ltd. Vs. Ms. Arati Ghosh and Ors.

Court : Kolkata

od-18 ga no.1736 of 2017 in apo no.217 of 2015 in cs no.348 of 2012 in the high court at calcutta civil appellate jurisdiction original side repose properties pvt.ltd.versus ms.arati ghosh & ors.before: the hon'ble justice sanjib banerjee and the hon'ble justice sahidullah munshi date : 21st june, 2017. appearance: ms.lopita banerjee, adv.mr.david mantosh, adv.mr.a.c.kar, adv.mr.p.c.pal chowdhury, adv.mr.d.n.mukherjee, adv.the court : in view of the good grounds shown, for the appellant not being represented on april 17, 2017, the order dismissing the appeal on such date is recalled and the appeal is readmitted. the order under appeal arises in a suit for specific performance and the interlocutory court has imposed a condition on the appellant plaintiff to deposit a sum of rs.1 crore to enjoy the usual order of an injunction restraining the defendants from dealing with the property or creating any third party rights in respect thereof during the pendency of the suit. it is the submission of the appellant that the current market value of the property was not referred to in the affidavit used by the defendants and it could not also have been ascertained from the deed or deeds of conveyance executed by the other erstwhile co-owners in favour of the appellant that the share of the defendants in the property was of value in excess of rs.1.5 crore. there does not appear to be any law that requires the parties to sell or purchase any property at the prevailing market rate. at any .....

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Jun 21 2017 (HC)

Mohit Prasad Vs. M/S Lakhi Egg Roll Shop and Anr

Court : Jharkhand

in the high court of jharkhand at ranchi w.p.(l) no. 2908 of 2010 --- mohit prasad --- ---- petitioner versus 1. m/s. lakhi egg roll shop, sakchi, jamshedpur 2. lakhi kant mahapartra --- --- respondents --- coram:the hon ble mr. justice aparesh kumar singh ---- for the petitioner : mr. sanjay kumar dwivedi, adv. for the respondents : ---- 06/21.06.2017 heard learned counsel for the petitioner. respondents, despite service of notice, have not entered appearance. by the impugned order dated 06.02.2010 learned presiding officer, labour court, jamshedpur has rejected the claim of the petitioner for reinstatement along with back wages and other consequential benefits in b.s. case no. 13 of 2002 (annexure-5). facts, in brief, as carved out from the pleadings on record are as follows:- (i) petitioner claimed to have joined as a cook on monthly wages of rs. 1800/- per month from 15 th january, 1997. he has alleged termination by the opposite parties/respondents with effect from 09th july, 2002 without any reasonable cause for which neither any prior notice was issued nor one month notice pay including compensation was paid. (ii) according to the petitioner, he had committed no mis-conduct but he presumes that on some complaint made to the employees provident fund commissioner as well as employees state insurance corporation, his services have been dispensed with by an oral termination order. (iii) despite representation made through registered post no reply was given by the .....

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Jun 20 2017 (HC)

Prabhu Poly Color Ltd Vs. Reena Organics Pvt.Ltd.

Court : Kolkata

od-7 apo no.306 of 2017 aco no.65 of 2017 aco no.66 of 2017 in cp no.288 of 2016 in the high court at calcutta civil appellate jurisdiction original side prabhu poly color ltd versus reena organics pvt.ltd.before: the hon'ble justice sanjib banerjee the hon'ble justice sahidullah munshi date : 20th june, 2017. appearance: mr.tilok bose, sr.adv.mr.raj ratna sen, adv.mr.a.p. gomes, adv.ms.a.jain, adv.mr.ratnanko banerji, sr.adv.mr.a.sinha, adv.mr.s.mitra, adv.the court : despite the initial sound and fury, there appears to be no defence to the claim after all. the appellant questions the propriety of an order by which a creditor s winding-up petition has been admitted. the claim was on account of two sets of high-seas sales and some local transactions. upon the statutory notice being issued by the petitioning creditor on january 12, 2016, the appellant responded on february 15, 2016, alleging that one manish khanna, who was previously a director of the appellant company, was responsible for the chennai operations of the company and it was discovered that such person had acted against the interests of the company and had falsified the company s books and records and pilfered its stocks and assets. it was also alleged in response to the statutory notice that the said khanna was in league with the directors of the claimant. towards the end of the letter of february 15, 2016, the company asserted that there was nothing in the company s records to show the delivery of the goods .....

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Jun 19 2017 (HC)

Shri Bipad Bhanjan Sarkar Vs. Commissioner of Customs (Prev.) Kolkata ...

Court : Kolkata

order sheet wp no.587 of 2011 in the high court at calcutta constitutional writ jurisdiction original side shri bipad bhanjan sarkar versus commissioner of customs (prev.) kolkata & ors.before: the hon'ble justice debangsu basak date : 19th june, 2017. appearance: mr.arijit chakraborti, adv.mr.nilotpal chowdhury, adv.for the petitioner. mr.uday sankar bhattacharjee, adv.mr.bhaskar prasad banerjee, adv.for the respondents. the court : the petitioner claims return of 73.35 kgs/quintals of sugar or the value in respect thereof and the interest for the period when a bank guarantee furnished by the petitioner stood wrongly invoked and later refunded. learned advocate for the petitioner submits that, the border security force (bsf) had initially seized 1000 kgs/quintals of the sugar belonging to the petitioner. the bsf thereafter had made over the entire seized sugar to the customs.the customs had initiated confiscation proceedings against the petitioner. he refers to the seized memo of the customs which records that 1000 kgs/quintals was seized by the customs.he refers to the show-cause notice also. he submits that, the petitioner had replied to the show-cause notice. the show-cause proceedings had resulted in an order of confiscation dated march 5, 2008. an appeal was carried against such order in original which was allowed on september 5, 2008. in the interregnum, the petitioner being entitled to provisional release of the seized goods had applied for the same. the high court by .....

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Jun 19 2017 (HC)

Deputy General Manager Bank of India Vs. Shri Parameshwar Das

Court : Jharkhand

in the high court of jharkhand at ranchi w.p.(l) no. 56 of 2016 deputy general manager, bank of india, jamshedpur zone, jamshedpur .... petitioner vrs. shri parameshwar das .... respondent with w.p.(l) no. 5049 of 2015 parameshwar das .... petitioner vrs. deputy general manager, bank of india, jamshedpur zone, jamshedpur .... respondent .... coram: hon ble mr. justice aparesh kumar singh for the petitioner : m/s a. allam & nehala sharmin (wpl no.56/16) : mr. kaustav panda (wpl no. 5049/15) for the respondent : mr. kaustav panda (wpl no.56/16) : m/s a. allam & nehala sharmin (wpl no. 5049/15) 05/19.06.2017 heard learned counsel for the parties.2. the impugned award dated 26.9.2014 (annexure-5) passed in reference case no. 1 of 2013, challenged by both management of the bank and the workman for their own reasons reads as under:- by order no. l-12012/24/2012-ir (b-h) dated 23/11/2012 the central government in the ministry of labour has, in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2a) of section 10 of the industrial disputes act, 1947, referred the following disputes for adjudication to this tribunal: schedule whether the action of the management of bank of india in terminating the services of shri parameshwar das w.e.f. 15.4.2010, is legal and justified? whether the demand of shri das for his reinstatement in bank service with full back wages and continuity of service with all benefits is just and proper? what relief the concerned .....

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Jun 19 2017 (HC)

Pramod Lakra Vs. The State of Jharkhand and Ors

Court : Jharkhand

in the high court of jharkhand at ranchi w.p.(c) no.511 of 2017 pramod lakra, s/o late birsa oraon, r/o nagratoli, p.o. & p.s. - lalpur, district ranchi, at present residing at ratu chatti, p.o. & p.s. - ratu, district ranchi, jharkhand petitioner versus 1. the state of jharkhand 2. deputy commissioner, ranchi 3. the s.a.r officer, ranchi, p.o. - ranchi university, p.s. - kotwali, district ranchi. .. respondents --------- coram: hon'ble mr. justice amitav k. gupta --------- for the petitioner : mr. alok lal, advocate mr. santosh kumar, advocate for the respondents : mr. md. shamim akhtar, g.a iii --------- 02/dated:19. h june, 2017 1. this writ application has been filed for issuance of appropriate writ or direction upon the respondent no.3 to allow the application filed by the petitioner under order xxiii rule 1 of the code of civil procedure for abandonment and withdrawal of this case filed under section 71a of the chotanagpur tenancy act in s.a.r. case no.122 of 2010-11, pending before the respondent no.3 for adjudication.2. learned counsel for the petitioner submits that he has filed s.a.r. case no.122 of 2010-11 for restoration of land, but subsequently he came to know that the land has never been recorded in the names of his ancestors and has filed an application for withdrawal of the said s.a.r case, but till date no order has been passed on the said application. it is submitted by the learned counsel that the writ application may be disposed off with a direction to .....

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Jun 19 2017 (HC)

Anjani Kumar Pandey Vs. The Regional Labour Commissioner Central and A ...

Court : Jharkhand

in the high court of jharkhand at ranchi w.p. (l) no. 5863 of 2015 with w.p. (l) no. 5864 of 2015 with w.p. (l) no. 5866 of 2015 with w.p. (l) no. 5873 of 2015 with w.p. (l) no. 5884 of 2015 with w.p. (l) no. 5865 of 2015 with w.p. (l) no. 5881 of 2015 --- anjani kumar pandey --- ---- petitioner [in all the cases] versus 1. the regional labour commissioner (central), ranchi 2. m/s hindalco industries limited, lohardaga --- respondents [in all the cases] --- coram:the hon ble mr. justice aparesh kumar singh for the petitioner: mr. sumir prasad, advocate for the respondents: m/s nitu sinha, prashant vidyarthi, cgc --- 04/ 19.06.2017 since the sole petitioner raises common grievance of the workers in each of the respective writ petitions against rejection of their claim for payment of arrears of wages under section 20 of the minimum wages act including compensation in lieu of less payment of wages against the respondent m/s hindalco industries ltd. (herein- after referred to as 'company') being aggrieved by the separate orders of the same date 22.09.2015 passed in the respective claim applications, they have been heard together and are being decided by this common judgment. petitioner in all these writ petitions claims to represent the interest of workers said to be working under the respondent company.2. in wpl no. 5863/2015, 104 persons had raised claim for payment of wages and compensation vide claim application no. 9/2013-r.l.c.(r) before the authority under the minimum .....

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Jun 19 2017 (HC)

Amit Kumar Vs. The State of Jharkhand and Anr

Court : Jharkhand

in the high court of jharkhand at ranchi a.b.a. no. 2724 of 2017 yunus ansari petitioner(s) versus the state of jharkhand opp. party coram: hon ble mr. justice a. k. choudhary for the petitioner(s) : mr. awanish shekhar, adv. for the opp. party : addl. p.p. 05 /19.06.2017 learned counsel for the petitioner submits that though the case has been listed under the heading for orders, it should be listed under the heading for hearing. registry is directed to be careful in future and list this case under appropriate heading. apprehending his arrest, the petitioner has moved this court for grant of privi lege of anticipatory bail in connection with itkhori p.s. case no.106 of 2015 registered under sections 379/232/34 of the indian penal code. heard learned counsel appearing for the petitioner as well as learned addl. p.p. for the state. learned counsel for the petitioner submits that the alleged stolen vehicle was seized by police in connection with mandu p.s. case no.43 of 2016 and the accused person of that case has stated to police that the alleged stolen vehicle was purchased by him from the petitioner of this case but the petitioner submitted that this case has falsely been instituted against him. he has noting to do with the alleged stolen vehicle. there is no document to show that the petitioner has ever sold the said pick up van bearing registration no.jh 02q 9346 to any body. the petitioner is ready and willing to deposit rs.10,000/ as ad interim victim compensation for the .....

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Jun 16 2017 (HC)

Bholanath Hansda Alias Bhola Hansda Vs. The State of Jharkhand and Ors

Court : Jharkhand

1 in the high court of jharkhand at ranchi w.p. (s) no. 4110 of 2013 --- bholanath hansda @ bhola hansda --- ---- petitioner versus 1. the state of jharkhand 2. the secretary, human resources development department 3. the director, primary, secondary and mass education, state of jharkhand 4. the secretary, ministry of food, civil supply and consumer affairs 5. the accountant general, jharkhand --- --- respondents with w.p. (s) no. 2458 of 2008 1. pano devi 2. ram nagena bhagal 3. lachhani devi 4. sharda devi 5. anjani kumari 6. munita kumari 7. guriya kumari --- ---- petitioners versus 1. the state of jharkhand, through its secretary, education department, government of jharkhand, ranchi 2. secretary, food material, public distribution & consumer forum department, govt. of jharkhand.3. accountant general, jharkhand, ranchi 4. director, public education department, jharkhand 5. sub divisional education officer, giridih --- --- respondents with w.p. (s) no. 2905 of 2008 --- sadhu charan ganjhu --- ---- petitioner versus 1. the state of jharkhand 2. the secretary, food & civil supplies department, government of jharkhand 3. the secretary, human resources development department, government of jharkhand 4. the deputy secretary, food & civil supplies department, govt. of jharkhand 5. the state of bihar 6. the secretary, human resources department, government of bihar, patna 7. the accountant general, jharkhand, ranchi --- --- respondents with w.p. (s) no. 6065 of 2008 --- 1. .....

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