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Aug 23 2017 (HC)

Bhavani and Others Vs. Govind Bhargavi and

Court : Kolkata

In The High Court At Calcutta Testamentary & Intestate Jurisdiction Original Side PLA88of 2012 GA2679of 2012 GA3234of 2012 In The Goods of Abha Rani Sinha @ Abha Sinha (Deceased) Before For the petitioner : The Honble Justice Arijit Banerjee : Mr.Sabyasachi Chaudhury, Adv.Mr.Rajarshi Dutta, Adv.Mr.Sayantan Bose, Adv.Ms.Sreemoyee Purkayastha, Adv.For Bikash Sinha : Mr.Samit Talukdar, Adv.Mr.P.Sinha, Adv.Mr.Ayan De, Adv.Mr.J.Roy, Adv.Heard On : 23.12.2015, 18.02.2016, 19.07.2017, 05.10.2016, 15.11.2016, 22.11.2016 15.12.2016, 03.01.2017, 10.01.2017 CAV On : 16.01.2017 Judgment On : 23.08.2017 Arijit Banerjee, J.:(1) PLA No.88 of 2012 has been filed by one of the joint executors of a Will dated 28 March, 2011 executed by one Abha Rani Sinha of 2/8B, Sarat Bose Road, Police Station Ballygunge, Calcutta 700020 who died on 28 June, 2011. The applicant prays for probate of the said Will in his favour. GA No.2679 of 2012 has been filed by one Dr. Bikash Sinha claiming to be nephew of and also ...

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Aug 22 2017 (HC)

Darshan Mekani Vs. Aman Khemka

Court : Kolkata

ORDER SHEET GA No.174 of 2016 With CS No.294 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DARSHAN MEKANI Versus AMAN KHEMKA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :22. d August, 2017. Appearance: Mr. Ratnanko Banerjee, Sr. Adv. Mr. Kuldip Mullick, Adv. Mr. Sabyasachi Chowdhury, Adv. Mr. N. Chowdhury, Adv. Mr. A. Poddar, Adv. The Court : The suit is filed under Order 37 of the Code of Civil Procedure, 1908. The suit is based on a dishonoured cheque claimed to have been issued by the defendant to the plaintiff. The summon in the prescribed form was served upon the defendant by postal service on 10th December, 2015 and by Bailiff on 14th December, 2015. The defendant, however, did not enter appearance within the period of ten days from the date of service of summons and instead had filed an application for leave to defend after the expiry of the statutory period. The said application, however, was not pursued and was ultimately dismissed fo...

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Aug 22 2017 (HC)

Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A. 3306 of 2016 E.C. No.487 of 2013 SLEEPWELL INDUSTRIES CO. LTD. Vs. LMJ INTERNATIONAL LTD. For the Award-Holder : Mr. Tilak Kumar Bose, Sr. Adv., Mr. Sailendra Jain, Adv., Mr. Asit Dey, Adv. For the Judgment-Debtor/Applicant : Mr. Anindya Kr. Mitra, Sr. Adv., Mr. Surojit Nath Mitra, Sr. Adv., Mr. D.N. Sharma, Adv., Mr. S. Sarkar, Adv., Mrs. S. Mukhopadhyay, Adv., Mr. T. Aich, Adv. Hearing Concluded On :10.08.2017. Judgment On :22. d August, 2017. Soumen Sen, J.:- The judgment-debtor is the applicant. The judgment-debtor has filed this application ostensibly under Section 48 of the Arbitration and Conciliation Act, 1996 but essentially for having a second look at the foreign award, notwithstanding an earlier order dated 4th September, 2014, by which the question of maintainability including enforceability of the foreign award was decided. The earlier challenge was o...

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Aug 22 2017 (HC)

West Bengal Electronic Industry Development Corporation Ltd. Vs. Shant ...

Court : Kolkata

Form No.J(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE ANIRUDDHA BOSE AND THE HONBLE JUSTICE SANKAR ACHARYA APO No.81 of 2016 WP No.895 of 2009 West Bengal Electronic Industry Development Corporation Ltd. Vs. Shanta Projects (P) Ltd. & Ors. With APO No.82 of 2016 WP No.95 of 2010 West Bengal Electronic Industry Development Corporation Ltd. Vs. Shanta Projects (P) Ltd. & Ors. Advocates for the Appellant: Mr. Biswarup Bhattacharjee, Mr. Anil Dhar, Mr. Sularbhanu Bhattacharya. Advocates for the State: Ms. Chama Mookherji (senior Advocate) Mr. Sadananta Ganguly, Ms. Jyotsna Roy Mukherjee. Advocates for the petitioner: Ms. Vinita Meharia, Mr. Soumabho Ghose, Mr. Amit Nag, Ms. Trisha Mukherjee. Heard On:13. 05.2016, 23.06.2016, 18.11.2016, 21.08.2017. Judgment On:22. d August, 2017. Aniruddha Bose, J.:1. Both these appeals have been preferred by West Bengal Electronics Industries Development Corporation Limited (WEBEL) assailing a com...

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Aug 22 2017 (HC)

Dr. Prabir Kumar Pal and Another ..... Appellants Vs. Dr. Dilip Choudh ...

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Original Side Present : THE HONBLE Mr.JUSTICE BISWANATH SOMADDER AND THE HONBLE Mr.JUSTICE SANKAR ACHARYYA APDT24OF2016(GA2655of 2016) Dr. Prabir Kumar Pal & Another ....Appellants versus Dr. Dilip Choudhury & Others ....Respondents with APDT29OF2016(GA2759of 2016) Dr. Santanu Tathagata Pal ....Appellant versus Dr. Dilip Choudhury & Others ....Respondents with APDT38OF2016Dr. Sanjukta Ray (Pal) ....Appellant versus Dr. Dilip Choudhury & Others ......Respondents All arising out of G.A.No.202 of 2016 C.S No.23 of 2015 For the Appellant : Mr.Ranjan Bachawat, Senior Advocate, with Mr.S.Sengupta Mr.Syamantak Banerjee Mr.Sarosij Dasgupta MRS.Subhra Das, Advocates in APDT24of 2016 Mr.Pratap Chatterjee, Senior Advocate, with Mr.Suman Dutt Mr.Saunavo Basu, Advocates in APDT29of 2016 Mr.Ranjan Bachawat, Senior Advocate, with Mr.S.Sengupta MRS.Subhra Das, Advocates in APDT38of 2016 For the Respondents : Mr.Syama Prosad Sarkar, Senior Advo...

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Aug 22 2017 (HC)

Economic Transport Organisation Limited Vs. Poddar Projects Limited an ...

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Original Side Present : THE HONBLE Mr.JUSTICE BISWANATH SOMADDER AND THE HONBLE Mr.JUSTICE SANKAR ACHARYYA APD No.86 of 2017 G.A.No.902 of 2017 OCo.No.3 of 2017 With G.A.No.2883 of 2013 C.S.No.142 of 2013 Economic Transport Organisation Limited -Vs.Poddar Projects Limited & Anr. For the Appellant : Mr.Abhrajit Mitra, Senior Advocate, with Mr.Chayan Gupta Mr.S.K. Kundu . Advocates For the Respondents : Mr.Samit Talukdar, Senior Advocate, with Mrs.V.Bhatia Mr.Debajyoti Dutta Mr.Ganesh P. Shaw Mr.Debnath Ghosh Mr.R.Jaiswal.Advocates Heard on : 22.03.2017, 29.03.2017, 25.04.2017, 02.05.2017, 03.05.2017, 11.05.2017, 16.05.2017, 07.06.2017, 20.06.2017, 22.06.2017, 29.06.2017, 04.07.2017, 11.07.2017, 13.07.2017, 18.07.2017, 19.07.2017 & 25.07.2017 Judgement on : 22.08.2017. The Court :Respondents as plaintiffs filed Civil Suit (C.S.) No.142 of 2013 against appellant as defendant for eviction from suit premises measuring an area of 972...

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Aug 22 2017 (HC)

Mitali Ghose Vs. The Board of Trustees for the Port of Kolkata and Ors ...

Court : Kolkata

ORDER SHEET WP480of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MITALI GHOSE Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 22nd August, 2017. Appearance: Mr.Soumya Majumdar, Adv.Mr.Victor Chatterjee, Adv.Mr.Tridib Chakraborty, Adv.for the petitioner. Mr.Arunabha Ghosh, Sr.Adv.Mr.Somnath Bose, Adv.for the respondent nos.1, 2 and 3. Mr.Ashok Kumar Jena, Adv.for the respondent no.4. The Court : Let the affidavit of service filed in Court today be kept on record. Heard learned Advocates for the respective parties. The writ petition should be decided on affidavits. Let affidavit-in-opposition be filed within four weeks from date. Let affidavit-in-reply within two weeks thereafter. thereto, if any, be filed Let this matter appear for hearing in the list on October 31, 2017. This is a case where the petitioner holding the post of Deputy Labour Kolkata Port Adviser Trust and has Indu...

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Aug 22 2017 (HC)

Kamrun Nessa Vs. The Kolkata Municipal Corporation and Ors.

Court : Kolkata

ORDER SHEET WP4242017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KAMRUN NESSA Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 22nd August, 2017. Mr.Ramij Munsi, Ms.Ankita Mitra, Advs., for the petitioner. Mr.Maidul Islam Kayal, Adv., for the respondent no.7. Mr.Manoj Malhotra, Mr.Suman Dey, Advs., for the State. Mr.Gurudas Mitra, Ms.Manisha Nath, Advs., for the KMC. The Court : It is evident from the records that an unscrupulous developer/promoter has used his financial and other sources to construct a building without obtaining sanctioned building plan from the Corporation. Such promoters are some time fly by night operators and after committing a mischief suddenly eloped creating third party interest in respect of the building constructed illegally. The bona fide purchasers are duped by such promoters/developers and to suffer consequences in the event of demolition even after paying the consideration mo...

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Aug 18 2017 (HC)

Sikaria Divinity Private Limited Vs. State of West Bengal

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side A.P. 543 of 2017 Sikaria Divinity Private Limited vs. State of West Bengal For the petitioners:- Mr. Surojit Nath Mitra, Sr. Adv. Mr. Shyamal Sarkar. Sr. Adv. Mr. Arindam Mukherjee Mr. Swarvanu Saha Advocates For the State:- Mr. Jishnu Chowdhury, Addl. Govt. Pleader Mr. Paritosh Sinha Mr. Arindam Mondal Advocates Judgement On: - 18th August, 2017 I.P. MUKERJI, J.The river Hooghly, while flowing down the plains of Bengal towards the sea, has branched out, upstream of Chuchura in the Hooghly District, to form a beautiful island in the middle of the river, measuring about 75 acres. It is called Sabuj Dweep.. It has trees and plants of many kinds and recreational facilities which attract thousands of tourists over the year. The land belongs to the Department of Tourism, Government of West Bengal. This department conceived of the idea of developing the island into a eco- tourism resort. On 14th August, 2015 it ...

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Aug 17 2017 (HC)

Mittal Technopack Private Limited and Anr. Vs. The Development Commiss ...

Court : Kolkata

W.P. No.179 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Mittal Technopack Private Limited & Anr. Vs. The Development Commissioner & Ors. For the Petitioners : Mr. Uday Chandra Jha, Advocate Mrs. Maheswari Sharma, Advocate Mrs. Tulika Roy, Advocate For the Respondents : Mr. Tapas Kumar Chatterjee, Advocate Mrs. Debjani Roy, Advocate Hearing concluded on : August 7, 2017 Judgment on : August 17, 2017 DEBANGSU BASAK, J.:- 1. The petitioners have sought for a declaration that the notices dated March 15, 2014, April 17, 2014 and October 20, 2014 are null and void. They have also demanded payment of a sum of Rs.42,81,604/- from the respondents.2. Learned Advocate for the petitioners has submitted that, the first petitioner is an Export Oriented Unit (EOU). The first petitioner is carrying on manufacturing activity since 2006. It was receiving Central Sales Tax (CST) refund from the Development Commissioner, Falta, Special Economic Zone. The first peti...

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