Kolkata Court September 2011 Judgments
Hindustan Petroleum Corporation Vs. Calcutta Landing and Shipping
Court: Kolkata
Decided on: Sep-30-2011
1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side.PRESENT:The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA ANDThe Hon'ble JUSTICE JOYMALYA BAGCHI GA No. 1535 OF 2011 APO No. 210 of 2011 A.P.O. 190 of 2011 WP No. 1245 of 2010 Hindustan Petroleum Corporation Ltd. and; Ors. Versus Calcutta Landing and; Shipping Company Ltd. And. Manoj Kumar Show and; Ors. Versus Calcutta Landing and; Shipping Company Ltd. and; Ors. Judgment on: 30.9.2011. K.J. Sengupta, J.:- Both the aforesaid appeals are against common and identical judgment of the learned single Judge of this Court dated 12th June 2011 passed in the aforesaid writ 2 petition filed by Calcutta Landing and Shipping Company Ltd (hereinafter referred to as CLS in short). By the impugned judgment and order the learned Trial Judge has been pleased to allow the prayers of CLS, and thereby the respondent namely Hindustan Petroleum Corporation Ltd. (hereinafter referred to as HPCL in short) and its officials were directed to i...
Tag this Judgment!Nandlal Rathi Vs. A.T. Gooyee Enterprises
Court: Kolkata
Decided on: Sep-30-2011
1 G.A. No. 1766 of 2011 G.A. No. 3118 of 2009 G.A. No. 3162 of 2009 A.P.O. No. 266 of 2011 A.P.O.T. No. 258 of 2011 C.S. No. 258 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side PRESENT:THE HON'BLE JUSTICE KALYAN JYOTI SENGUPTA ANDTHE HON'BLE JUSTICE JOYMALYA BAGCHI Nandlal Rathi.....appellant Vs. A.T. Gooyee Enterprises......respondent Judgment on: 30.9.2011.K. J. Sengupta, J.: This appeal is directed against judgment and order dated 16th March 2011 passed by the learned Single Judge of this Court on an application under Chapter XIIIA of the Original Side Rules of this Court whereby the learned Judge had written final judgment and decree evicting the appellant. 2 The fact relating to relationship between the parties as well as leading to preferring this appeal needs to be stated briefly. Both the parties brought separate action for their desired relief. The appellant before us had filed Title Suit being No.5305 of 2008 in the City Civil Court a...
Tag this Judgment!Warren Tea Limited Vs. Ashdene Investments Ltd. and ors
Court: Kolkata
Decided on: Sep-30-2011
APOT No.483 of 2011 TA No.88 of 2011 With CS No.229 of 2011 In the High Court at Calcutta Civil Appellate Jurisdiction Original Side Warren Tea Limited .. Appellant Vs Ashdene Investments Ltd. and; Ors. .. Respondents. Before :The Hon'ble Justice BHATTACHARYA AndThe Hon'ble Justice DR. SAMBUDDHA CHAKRABORTI Date : September 30, 2011. Mr. Hirak Kumar Mitra, Sr. Advocate Mr. Tilak Bose, Sr. Advocate Mr. P. K. Ditta, Advocate Ms. Mousumi Bhattacharyta, Advocate ..for the appellant. Mr. S. N. Mukherjee, Sr. Advocate Mr. Ranjan Bachhawat, Advocate Mr. Abhrajit Mitra, Advocate Mr. Ratnanko Banerjee, Advocate Mr. Arvind Jhunjhunwala, Advocate Mr. Amitava Roy, Advocate Mr. S. Mitra, Advocate Mr. Samit Chakraborty, Advocate ..for the Respondent Nos.1 to 7. Mr. Rupak Ghosh, Advocate Mr. Rahul Auddy, Advocate .. for the Respondent No.8. Mr. P. C. Sen, Sr. Advocate Mr. Susanta Kumar Dutta, Advocate ..for the Respondent nos. 10 to 13. The Court :Leave is granted to the learned Advocate for the app...
Tag this Judgment!Dr. Anisur Rahaman Vs. the State of West Bengal and ors
Court: Kolkata
Decided on: Sep-30-2011
1 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original SidePresent:The Hon'ble Justice Jyotirmay Bhattacharya W. P. No. 1261 of 2010 DR. ANISUR RAHAMAN Versus THE STATE OF WEST BENGAL and; ORS. For the Petitioner : Mr. S. Panja, Sr. Adv. Mr. Saktipada Jana, Adv. Mr. Pranab Chatterjee, Adv.For the School : Mr. Ekramul Bari, Sr. Adv. Mr. S. M. Ali, Adv.For the State : Mr. S. Ganguly, Adv. For W.B.B.S.E. Heard on: 07/01/2011, 11/01/2011, 14/01/2011, 21/01/2011, 15/02/2011, 18/02/2011, 29/03/2011, 08/04/2011, 12/04/2011, 17/05/2011, 07/06/2011, 10/06/2011, 28/06/2011, 05/07/2011, 09/08/2011, 30/08/2011, 13/09/2011 and 20/09/2011. Judgment On: September 30, 2011. The petitioner is the Headmaster of a Government Aided Institution, namely Mitra Institution (Main). He was placed under suspension with effect from 30th April, 2010. The suspension order was communicated to him by a notice issued by the Secretary of the said school on 6th May, 2010. Such suspension order was is...
Tag this Judgment!M/S. International Sea Ports Vs. Board of Trustees for the Port of
Court: Kolkata
Decided on: Sep-30-2011
1 G.A. No. 1351 of 2009 G.A. No. 633 of 2010 C.S. No. 138 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Origjnal Civil JurisdictionPresent:The Hon'ble Justice Kalyan Jyoti Sengupta M/s. International Sea Ports (Haldia) Pvt. Ltd. Versus Board of Trustees for the Port of Kolkata and; anr. Judgment on: 30.09.2011. K. J. Sengupta, J.:- The aforesaid two applications have been taken out by plaintiff as far as the first mentioned application is concerned by the first defendant so far the second application is concerned in connection with the said suit which has been filed by the plaintiff for the following reliefs:- "(a) A decree for perpetual injunction restraining the defendant No.1 and its men, servants, agents, officers, employees and/or assigns from relying upon or enforcing or referring the disputes between the parties to the defendant No.2 in terms 2 of Article 14.2 of the Licence Agreement as statedin the said letters dated 6th May, 2009 beingannexures "R", "S", "T" and "U";(b) A d...
Tag this Judgment!Qualcast India Vs. Wesman Engineering Company
Court: Kolkata
Decided on: Sep-30-2011
1 A.P.O. No. 90 of 2010 C.P. 445 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present :The Hon'ble Justice Kalyan Jyoti Sengupta and;The Hon'ble Justice Joymalya Bagchi QUALCAST INDIA.........appellant V. WESMAN ENGINEERING COMPANY PRIVATE LIMITED......respondent Judgment On: 30.9.2011. K. J. Sengupta, J.:- In this appeal the order of the learned Company Judge dated 26th February, 2010 is questioned. The learned trial Judge by impugned judgment and order has permanently stayed the said winding up application and the appellant has been given liberty to establish the claim in appropriate proceedings. The facts are summarized hereunder on which the winding up of the Company was prayed for. 2 Pursuant to purchase orders placed by the respondent herein namely the above company, during the period on and from 24th May, 2008 till 5th February, 2009, the appellant-petitioning creditor agreed to manufacture, sell and supply and did supply substantial quantity...
Tag this Judgment!ici India Limited Vs. the Commissioner of Income-tax
Court: Kolkata
Decided on: Sep-29-2011
1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction (Original Side)Present:The Hon'ble Mr. Justice Bhaskar Bhattacharya AndThe Hon'ble Mr. Justice Sambuddha Chakrabarti I.T.A. No.80 of 2003 ICI India Limited Versus The Commissioner of Income-tax (Appeals)- IV, Kolkata. For the Appellant: Dr. Debi Prasad Pal, Mr. Somak Bose. For the Respondent: Mr. S. N. Dutta, Mrs. S. Chatterjee.Heard on: 20.09.2011.Judgment on: September 29, 2011.Bhaskar Bhattacharya, J.: This appeal under Section 260A of the Income-tax Act, 1961 ("Act") is at the instance of an assessee and is directed against an order dated 18th November, 2002 passed by the Income-tax Appellate Tribunal, "C" Bench, Kolkata, in ITA No.2180 (Cal) of 1995 and ITA No.1806 (Cal) of 1997 relating to the Assessment Year 1989-90 by which the Tribunal dismissed the appeals preferred by the assessee. Being dissatisfied, the assessee has come up with the present appeal. 2 The facts giving rise to filing of this appeal may be summed u...
Tag this Judgment!Compact Advertising and Credit Vs. Unknown
Court: Kolkata
Decided on: Sep-29-2011
COMPANY APPLICATION NO. 961 OF 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the Matter of : COMPACT ADVERTISING and; CREDIT PRIVATE LIMITED and; ORS. BEFORE :The Hon'ble JUSTICE I. P. MUKERJIDate : 29th September, 2011. Appearance :Mr. Rajesh Singh, Advocate The Court : A meeting of the Shareholders of COMPACT ADVERTISING and; CREDIT PRIVATE LIMITED (hereinafter referred to as the "Transferee Company") shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata-700001 on the 22nd day of November, 2011 at 11.00 a. m. for the purpose of considering and if thought fit approving with or without modification, the Scheme of Amalgamation proposed of ROVER SUPPLIERS PRIVATE LIMITED, DECOR VINTRADE PRIVATE LIMITED, DECOR TRACOM PRIVATE LIMITED, SAHIBA DISTRIBUTORS PRIVATE LIMITED, CITYFORD TRADERS PRIVATE LIMITED, GIGANTIC BANIJYA PRIVATE LIMITED, SEDAN MERCHANTS PRIVATE LIMITED, UTSAV VINCOM PRIVATE LIMITED, RAMSETU VINTRADE PRIVATE LIMITED, TRANSTRADE SYSTEMS ...
Tag this Judgment!M/S.Outotec Gmbh Pan : Aabco 8228k Vs. Director of Income Tax
Court: Kolkata
Decided on: Sep-29-2011
APOT No. 469 of 2011 G.A.3001 of 2011 W.P.341 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side M/S.OUTOTEC GmbH PAN : AABCO 8228KC/o. Plot No.Y 14, 4th floor, Block EP,Sector - V, Salt Lake, Kolkata - 91 Appellant VersusDIRECTOR OF INCOME TAX (INTERNATIONALTAXATION) KOLKATA and; ORS. Respondents For Appellant : Dr. Debi Pal, Senior Advocate with Mr. J.P.Khaitan, Sr. Advocate and Mrs. Nilanjana Banerjee (Pal), AdvocateFor Respondents : Md. Nizamuddin, Advocate with Mr. Aniket Mitra, AdvocateBEFORE:The Hon'ble JUSTICE BHATTACHARYAThe Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date : 29th September, 2011. THE COURT : Pursuant to our earlier order passed yesterday, a xerox copy of the Order dated 1-8-2011 is placed before us, Let it be kept with the records. This is an application for stay of operation of the order dated 1st August, 2011 passed by a learned single Judge of this Court by which the learned single Judge 2 disposed of a writ application filed by...
Tag this Judgment!Rajendra Kumar Dabriwala and ors Vs. Commissioner of Income-tax- Xiv,
Court: Kolkata
Decided on: Sep-29-2011
1 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) (Original Side)Present:The Hon'ble Mr. Justice Bhaskar Bhattacharya AndThe Hon'ble Mr. Justice Sambuddha Chakrabarti I.T.A. No.260 of 2003 Rajendra Kumar Dabriwala and; Ors. Versus Commissioner of Income-tax- XIV, Kolkata For the Appellants: Mr. J. P. Khaitan, Mr. Agnibesh Sengupta, Mr. Bhoopesh Sharma. For the Respondent: Mr. Siddhartha Chatterjee, Ms. Asha Gourisaria Gutgutia.Heard on: 15.09.2011.Judgment on: September 29, 2011.Bhaskar Bhattacharya, J.: This appeal under Section 260A of the Income-tax Act, 1961 ("Act") is at the instance of the assessee and is directed against an order dated May 29, 2003 passed by the Income-tax Appellate Tribunal, "C" Bench, Kolkata, in ITA No.459 (Kol) of 2002 for the Assessment Year 1998-99 by which the Tribunal allowed the appeal preferred by the Revenue and set aside the order of the CIT (Appeals). Being dissatisfied, the executors to the estate of the assessee have come up with ...
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