Kolkata Court September 2011 Judgments
Smt. Shashi Kalalshah Vs. Commissioner of Income Tax-xiv
Court: Kolkata
Decided on: Sep-29-2011
ITA No. 333 of 2003 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE SMT. SHASHI KALALSHAH Appellant VersusCOMMISSIONER OF INCOME TAX-XIV KOLKATA Respondent For Appellant : Mr. J.P. Khaitan, Sr. Advocate Mr. Anirban Ghose and Mr. C.S. Das, AdvovcatesFor Respondent: Mr. P.K. Bhowmick, Mr. S.N. Dutta, Advocates BEFORE:The Hon'ble JUSTICE BHATTACHARYAThe Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI Date : 29th September, 2011. The Court : By this appeal a common order disposing of three appeals passed by the Tribunal has been challenged. We direct the appellant to pay additional court fees for all the three appeals instead of one. Such court fees should be paid by tomorrow. 2 This appeal under Section 260A of the Income Tax Act (hereinafter referred to as "Act") is at the instance of an assessee and is directed against order dated August 11, 2003, passed by the Income Tax Appellate Tribunal, `SMC' Bench, Kolkata, in Income tax appeals bearing ITA No.2106 to 2108...
Tag this Judgment!West Bengal State Electricity Vs. the Learned Judge, Third
Court: Kolkata
Decided on: Sep-29-2011
WP 378 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdictoin Original Side West Bengal State Electricity Board and; Others -vs- The Learned Judge, Third Industrial Tribunal and; Ors.Present :The Hon'ble JusticeDEBASISH KAR GUPTASeptember 29, 2011. Appearance : Ms. Saswati Ghosh, Advocate. THE COURT : This writ application is directed against an order dated dated June 10, 2005 passed by the learned Judge, Third Industrial Tribunal, Kolkata, in Case No. 1 of 2002 directing the petitioners to pay a sum of Rs. 2,00,000/- by way of compensation to the respondent no.3. The writ petitioner-company passed an order of punishment dated February 7, 2002 against the respondent no.3. The petitoiner-company filed an application before the learned Tribunal under section 33(2)(b) of the Industrial Disputes Act, 1947 for approving the action of dismissal of the respondent no.3 from service. The respondent no.3 filed a written statement in connection with the above application stating ...
Tag this Judgment!Champalal Jhunjhunwala Vs. Sandeep Kumar Singhania
Court: Kolkata
Decided on: Sep-28-2011
Order Sheet CS No. 291 of 1991 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CHAMPALAL JHUNJHUNWALA Versus SANDEEP KUMAR SINGHANIA BEFORE: The Hon'ble JUSTICE MAHARAJ SINHA Date: 28 September 2011. Appearance: Ms. Pooja Das Chaudhury with Ms. Anjana Banerjee, advocates On 26 April 1991 the plaintiff instituted this suit for a decree for specific performance of two agreements, both dated 12 August 1974 for purchasing a flat mentioned in the plaint and in claim (a) of the plaint, decree directing the defendants to execute the deed of conveyance in respect of a servant's quarter on the ground floor of the premises in question, if necessary, for settlement of the deed of conveyance by the officers of this Court in accordance with the terms and conditions of the agreements in question, in the event the defendants refuse to execute and register the deed of conveyance in favour of the plaintiff, the Registrar, Original Side be directed to execute and register the same in ...
Tag this Judgment!Khem Chand Dhingra and anr Vs. Prabir Roy Chowdhury and ors
Court: Kolkata
Decided on: Sep-28-2011
1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE GA NO. 2239 OF 2007 C.S. 486 OF 1991 E.C. 83 OF 2007 GA NO. 2238 OF 2007 Khem Chand Dhingra and; Anr. VERSUS Prabir Roy Chowdhury and; Ors.BEFOREThe Hon'ble JusticeHARISH TANDONDate : 28.09.2011 The Court : Two applications being GA no. 2238 of 2007 and 2239 of 2007 are assigned to me. One application being GA no. 2238 of 2007 is filed by one Santosh Kr. Agarwal, added defendant no 2 in the original suit being C.S No. 486 of 1991 seeking for following reliefs : "(a) Leave, if necessary, to make the instant application; (b) An order of injunction be passed restraining the owners of the said tea estate from executing a conveyance in favour of AGR Plantations (P) Ltd; (c) An order of injunction be passed restraining each of the parties from alienating, encumbering and/or alienating the said tea estate in any manner whosoever;(d) A fit and proper person be appointed as Receiver to visit the said estate and make any inventory of the...
Tag this Judgment!The India Cements Ltd Vs. Steel Authority of India Ltd
Court: Kolkata
Decided on: Sep-28-2011
EC No. 311 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE INDIA CEMENTS LTD. Versus STEEL AUTHORITY OF INDIA LTD. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 28th September, 2011. Appearance: Mr. Tilok Bose, Sr. Adv. Mr. Dhruba Ghosh, Adv. The Court : This is an application for executing an award that has attained finality upon the petition for setting aside the award having been dismissed. The decree-holder says that a belated appeal has been attempted to be filed with a prayer for condonation of a delay of 2128 days and the appeal has not be admitted. The judgment-debtor says that the only ground on which the petition under Section 34 of the Arbitration and Conciliation Act, 1996 was 2 dismissed was that Section 14 of the Limitation Act, 1963 did not apply to such proceedings. The judgment-debtor says that the judgment-debtor was made aware of the dismissal of the Section 34 proceedings only upon receiving a notice from the decree...
Tag this Judgment!Anil Kumar Jha Vs. the State of West Bengal and ors
Court: Kolkata
Decided on: Sep-26-2011
1 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original SidePresent:The Hon'ble Justice Jyotirmay Bhattacharya W. P. No. 189 of 2010 ANIL KUMAR JHA Versus THE STATE OF WEST BENGAL and; ORS. For the Petitioner : Mr. Partha Sarathi Bhattacharya Mr. Ritwik Pattanayak Mr. Arunava MaityFor the School : Mr. Supriyo ChattopadhyayFor the State : Mr. Sadananda Ganguly, Mr. Paritosh SinhaHeard on: 05/04/201, 14/06/2011, 28/06/2011, 05/07/2011, 19/07/2011, 30/08/2011, 06/09/2011 and; 13/09/2011.Judgment On: September 26, 2011. The petitioner was appointed as an Assistant Teacher in a non-sanctioned post in Shree Maheshwari Vidyalaya, which is a D.A. getting school. The petitioner joined his service in the said school in the Department of Commerce on 23rd March, 2004 and since then he has been rendering his service in the said school without any break. A vacancy in a sanctioned post in Social Science Group was created on 14th January, 2007 on the retirement of an approved Assist...
Tag this Judgment!Rajeev Singh Dugal and ors Vs. Commissioner of Income Tax,
Court: Kolkata
Decided on: Sep-26-2011
ORDER SHEET W.P. No.878 of 2011 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Rajeev Singh Dugal and; Ors. -Versus- Commissioner of Income Tax, Kolkata IV and; Ors. Mr. J.P. Khaitan, Sr. Advocate with Ms. A. Banerjee and; Mr. S.K. Basu, Advocates, ... for the petitioners. Mr. R. N. Bandyopadhyay with Mr. Aniket Mitra, Advocates, ... for the respondents.BeforeThe Hon'ble Justice INDIRA BANERJEE26.09.2011 This writ application is directed against transfer of the cases of the petitioners from the jurisdiction of the Deputy Commissioner of Income Tax, Cirle-12, Kolkata to the jurisdiction of the Deputy Commissioner of Income Tax (Central Circle), Jamshedpur, in exercise of powers conferred under sub sections (1) and (2) of Section 127 of the Income Tax Act, 1961. The aforesaid sub sections are set out hereinbelow for convenience : "127.(1) The Director General or Chief Commissioner or Commissioner may, after giving the assessee a reasonable 2 opportunity of ...
Tag this Judgment!- Birla Corporation Ltd Vs. Birla Education Trust and ors
Court: Kolkata
Decided on: Sep-26-2011
ORDER SHEET SHEET NO.1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ACO No.82 of 2011 APO No.267 of 2011 APOT No.318 of 2011 CP No.1 of 2010 IN THE MATTER OF:- BIRLA CORPORATION LTD. Versus BIRLA EDUCATION TRUST and; ORS. ACO No.83 of 2011 APO No.268 of 2011 APOT No.320 of 2011 CP No.1 of 2010 IN THE MATTER OF:- MADHAV PRASAD PRIYAMVADA BIRLA APEX CHARITABLE TRUST and; ANR. Versus BIRLA EDUCATION TRUST and; ORS. Appearance:- Advocates for the Appellant in ACO 82: Mr.Anindya Kr.Mitra, Sr. Advocate, Mr.Pratap Chatterjee, Sr. Advocate, Mr.Malay Kumar Ghosh, Advocate, Ms.Manju Bhuteria, Advocate, Mr.Paritosh Sinha, Advocate, Mr.D. Basak, Advocate with Mr.S. N. Pandey, Advocate. Advocates for the Appellant in ACO 83: Mr.Kalyan Bandopadhyay, Senior Advocate, Mr.Ranjan Bachawat, Senior Advocate, Mr.S.Roy Chowdhury, Advocate, Mrs.D. Roy, Advocate with Mr.Rajesh Upadhyay, Advocate. Advocates for the Respondent Nos.1 to 6 : Mr.S.K.Kapur, Senior Advocate, Mr.Bimal Chat...
Tag this Judgment!Amar Kumar Jha Vs. the State of West Bengal and ors
Court: Kolkata
Decided on: Sep-26-2011
1 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original SidePresent:The Hon'ble Justice Jyotirmay Bhattacharya W. P. No. 190 of 2010 AMAR KUMAR JHA Versus THE STATE OF WEST BENGAL and; ORS. For the Petitioner : Mr. Partha Sarathi Bhattacharya Mr. Ritwik Pattanayak Mr. Arunava Maity For the School : Mr. Supriyo ChattopadhyayFor the State : Mr. Sadananda Ganguly, Mr. Paritosh Sinha Heard on: 05/04/201, 14/06/2011, 28/06/2011, 05/07/2011, 19/07/2011, 30/08/2011, 06/09/2011 and; 13/09/2011. Judgment On : September 26, 2011. The petitioner was appointed as an Assistant Teacher in a non-sanctioned post in Shree Maheshwari Vidyalaya, which is a D.A. getting school. The petitioner joined his service in the said school in the Department of Physical Science on 23rd March, 2004 and since then he has been rendering his service in the said school without any break. A vacancy in a sanctioned post in the Arts Stream was created on 14th January, 2007 on the 2 retirement of an approv...
Tag this Judgment!Baidyanath Karmakar Vs. the Kolkata Municipal
Court: Kolkata
Decided on: Sep-26-2011
1 Form No. J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDEPresent:THE HON'BLE JUSTICE ANIRUDDHA BOSE W. P. NO. 701 OF 2009 BAIDYANATH KARMAKAR Vs. THE KOLKATA MUNICIPAL CORPORATION and; ORS. Advocate for the Petitioner: Mr. Kalyan Bandopadhyay (Sr. Adv.) Advocate for Private Respondent: Mr. Ashesh Kumar Bhattacharyay (Sr. Adv.)Advocate for Municipal Corporation: Mr. Fazrul Haque Ms. Swarnali Biswas Judgment On: 26.09.2011 ANIRUDDHA BOSE, J.:-1. The complaint of the writ petitioner in this proceeding is over withholding of his application for issue of certificate of enlistment by the Kolkata Municipal Corporation (KMC) for conducting the business of kerosene dealership from 9, Rajendra Lal Mitra Road, Kolkata 700 010 (the said premises). Such certificates are commonly referred to as trade licences. The petitioner and his father were jointly holding such license, issued under the provisions of Section 199 of the 2 Kolkata Municipal Corporation Act, 1980...
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