Kolkata Court August 2011 Judgments
The Peerless General Finance and Investment Co. Ltd. and anr. Vs. Cana ...
Court: Kolkata
Decided on: Aug-30-2011
1. The subject matter of challenge in this writ application is the unilateral decision taken by the respondent no.2 to convert Cantriple + Scheme from close ended Scheme to open ended Scheme. 2. The facts of this case in a nutshell are as follows: 3. The respondent no.1 was a banking company constituted under the provisions of the banking companies (Acquisition and Transfer of Undertakings) Act, 1970. The respondent no.1 was the sponsor of the respondent no.2. The respondent no.2 was a trust set up the respondent no.1 in October 1991. In November 1991 the respondent no.2 introduced a close ended scheme known as “Cantriple + Scheme”(hereinafter referred to as the said scheme). The board of trustees formulated the said scheme which was a close ended mutual fund. Under the said scheme the respondent no.2 issued unites to the members of the public called as “Cantriple +”, each of face value of Rs.10/- in accordance with the scheme formulated by the respondent no.2. ...
Tag this Judgment!Ms. Bhura Exports Ltd. Vs. the Income Tax Officer (Tds) Ward 57 (2) Ko ...
Court: Kolkata
Decided on: Aug-30-2011
1. This appeal under Section 260A of the Income-tax Act, 1961 (“Act”) is at the instance of an alleged “deemed assessee in default” and is directed against an order dated February 18, 2011, passed by the Income-tax Appellate Tribunal, “B” Bench, Kolkata in I. T. A. No.495/ Kol/ 2010 for the Assessment Year 2002-03 modifying the order of the CIT(A) and partly allowing the appeal preferred by the appellant before us. Being dissatisfied, the alleged deemed assessee in default has come up with this appeal. The facts giving rise to filing of this appeal may be summed up thus: a) The appellant is an assessee within the meaning of Section 2(7) of the Act and at the material time was engaged in the business of importing and dealing in pulses and edible oil. b) For the Assessment Year 2002-03, relevant to the previous year ending on March 31, 2002, the appellant filed a return of income disclosing an income of Rs.4,66,844/- and ultimately the assessment was c...
Tag this Judgment!Woodburn Park Co Operative Housing Society Pvt. Ltd. and anr. Vs. the ...
Court: Kolkata
Decided on: Aug-30-2011
1. This writ application is directed against an order dated March 31, 2009 passed by the respondent no.1 in compliance of the judgment dated April 2, 2008 delivered by the Hon’ble Supreme Court in the matter of Woodburn Park Cooperative Housing Society Ltd. Vs. Smt. Chanda Devi Tantia and Ors. (in re. Civil No.2638 of 2005). 2. The back drop of this case in a nutshell is as follows:- 3. The East End Apartments Co-operative Housing Society Ltd. was the owner of two plots of land, viz, premises no.5B Woodburn Park, Calcutta-700020, and 11/1B, Ekdalia Place, Calcutta-700019. The intention of the above society was to construct two multi-storied residential buildings on the aforesaid two plots of land for its members. 4. After construction of a multi storied residential building at 11/1B Ekdalia place, Calcutta-700019, a dispute arose between the members of the society and the Managing Committee which was brought before the High Court at Calcutta. A Division Bench of this High Court d...
Tag this Judgment!Colgate Palmolive (India) Limited Vs. Coastal Roadways Limited.
Court: Kolkata
Decided on: Aug-24-2011
1. This appeal is at the instance of a plaintiff in a suit for recovery of money and is directed against order dated 15th December, 2010, passed by a learned Single Judge of this Court by which His Lordship allowed an application for recalling an earlier order dated March 19, 2009, passed by another learned Single Judge of this Court who allowed the application for extension of time filed by the appellant by granting leave to issue fresh writ of summons and re-lodge the same within 14 days. 2. By the order impugned, the learned Single Judge after recalling the earlier order dated March 19, 2009 put back the parties to the earlier position prevailing immediately preceding the said order and the result was that the application being G.A. No.689 of 2009, which was allowed by order dated March 19, 2009, was revived and the defendant was granted opportunity to file affidavit to G.A. No.689 of 2009 within a week from that date. The learned Single Judge further held that the said application ...
Tag this Judgment!Tea Board, India Vs. I.T.C. Limited
Court: Kolkata
Decided on: Aug-24-2011
1. This appeal is at the instance of a plaintiff in a suit for permanent injunction and is directed against order dated April 20, 2011 passed by a learned Single Judge of this Court by which His Lordship rejected an application for interlocutory injunction in such a suit by which the plaintiff prayed for restraining the defendant from using or conducting or marketing in any manner or in any way carrying on its business at the hotel situated in Kolkata by using in any manner whatsoever the name “DARJEELING LOUNGE” or any other name or mark or word which is phonetically or structurally similar or identical or deceptively similar to the registered geographical indications “DARJEELING”, the name and logo in the name of the plaintiff in any manner whatsoever and/or passing off or attempting to pass off its business or services so as to discredit the fame of DARJEELING tea as a geographical indication and/or to mislead persons as to the nature of the beverages sold at...
Tag this Judgment!Sailendra Nath Pal Vs. the Agri Horticultural Society of India .
Court: Kolkata
Decided on: Aug-24-2011
1. The existing “Jeebika Sebaks” of different Gram Panchayats under Mograhat-I Panchayat Samity filed this appeal assailing the judgement and order dated 18th February, 2011 passed by a learned Judge of this Court whereby and whereunder the said learned Judge was pleased to dispose of the writ petition on merits upon setting aside the panel dated 8th March, 2010 prepared for the aforesaid posts of “Jeebika Sebaks” in respect of different gram panchayats under the aforesaid Mograhat-I Panchayat Samity. 2. It has been submitted on behalf of the appellants that the selection to the post of “Jeebika Sebaks” was made in compliance with the order dated 4th June, 2009 issued by Panchayats and Rural Development Department, Government of West Bengal. 3. The learned Advocate representing the respondent/writ petitioner, however, submits that the said writ petitioner should have been appointed to the post of “Jeebika Sebak” in the Ektara Gram Panchay...
Tag this Judgment!Pandraj Kunjilal Sadh (Deceased) and Rai Kumar Sadh Vs. Santosh Kumari ...
Court: Kolkata
Decided on: Aug-24-2011
1. In course of hearing of an application filed in connection with an appeal of 2003 arising out of probate jurisdiction, we decided to hear out the appeal itself instead of disposing of the interlocutory application keeping the appeal pending. 2. Consequently, the learned Counsel for the parties made their submission only on the merit of the appeal. 3. This appeal is at the instance of an Executor and is directed against an order dated 8th October, 2002 passed by a learned Single Judge of this Court by which His Lordship revoked the grant of probate earlier made by holding that this High Court had no jurisdiction to entertain an application for grant of probate in respect of the Will left by the deceased in this case. 4. Being dissatisfied, the Executor has come up with the present appeal. 5. There is no dispute that the deceased was a Hindu governed by the Mitakshara School of Hindu law and died on January 18, 1999 at Mumbai leaving his alleged last Will and Testament dated 9th Novem...
Tag this Judgment!The Chief Executive Officer, Reliance Communications Limited Vs. Delwa ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Aug-24-2011
Silpi Majumder, Member: 1. This appeal has been directed against the judgment passed by the Ld. District Forum, Paschim Medinipur, on 06.12.2010, in the case no-51/2010, wherein the Ld. Forum below allowing the complaint on contest has directed the OP-1 to refund a sum of Rs.50,000/- with interest @ 8% p.a. from the date of receipt thereof till date to the Complaint and to pay compensation of Rs.10,000/- due to deficiency in service within two months from the date of communication of this judgment, failing which the OP-1 would pay interest on the amount due @ 12% p.a. till payment. The OP-1 was further directed to pay Rs.2,000/- towards litigation cost to the Complainant within the above mentioned stipulated date. 2. Being aggrieved by the abovementioned judgment the OP-1-Appellant has preferred the present appeal before this Commission contending that the Ld. District Forum by denying the right of the Appellant to adduce any evidence has violated the principles of natural justice and ...
Tag this Judgment!Eih Limited Vs. Commissioner of Income Tax, Kolkata
Court: Kolkata
Decided on: Aug-12-2011
1. This appeal under Section 260A of the Income-tax (“Act”), 1961 is at the instance of an assessee and is directed against an order dated 26th February, 2004 passed by the Income-tax Appellate Tribunal, “B” Bench, Kolkata, in ITA No.1479/Kol/2002 for the Assessment Year 1998-99. 2. Being dissatisfied, the assessee has come up with the present appeal. The facts giving rise to filing of this appeal may be summed up thus: a) The assessee is engaged, inter alia, in the business of hotelier and runs and maintains several hotels of international standard in India. The assessee is also engaged in the business of export of foods etc. to international airlines at Mumbai and New Delhi. The assessee has separate units at Mumbai and New Delhi which supply food and beverages in sealed containers to international flights leaving India. Such foods and beverages in sealed containers are cleared for transmission to the aircrafts and are also escorted by the Customs Authorities ...
Tag this Judgment!Ms. Madura Coats Pvt. Ltd. Vs. the Commissioner of Central Excise, Kol ...
Court: Kolkata
Decided on: Aug-12-2011
1. This appeal under Section 35G of the Central Excise Act, 1944 (“Act”) is at the instance of an assessee and is directed against an order dated June 15, 2007, passed by the Customs, Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata, in Excise Appeal bearing No.EDM-641/2006 thereby partly allowing the appeal of the appellant by directing refund of Rs.14.98 crore which was earlier deposited by the appellant by virtue of the orders passed by the Tribunal and the Hon’ble Supreme Court. The Tribunal, however, did not enter into the question of interest claimed by the appellant on the ground that the refund was allowed by the Tribunal on that very date. 2. Being dissatisfied, the importer has preferred the present appeal before this Court. 3. The facts leading to filing of the present appeal may be summed up thus: a) The appellant manufactured during the material period, namely, 1988 to 1992, inter alia, ‘grey tyre cord fabrics’ on job work ...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »