Kolkata Court May 2012 Judgments
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Mohan Lal Seal Vs. Trust Estate Mutty Lal Seal and ors.
Court: Kolkata
Decided on: May-15-2012
ORDER SHEET ACR NO.6 OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOHAN LAL SEAL Versus TRUST ESTATE MUTTY LAL SEAL & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :15. h May, 2012. Mr.S.Sen, Mr.A.Mitraappear. Mr.P.Saha, Mr.A.Duttaappear for respondent nos.10 to 13. Mr.A.N. Das, Mr.S.Lahaappear for respondent no.4. Mr.J.R.Chatterjee, senior advocate, Mr.K.Deyappear for respondent nos.1, 6, 8 and 9. The Court : Let a copy of this application be served on the advocate on record for Mr.Dibyendu Lal Seal. By the order of the Appeal Court dated 16th April, 2012, the order of this Court dated 4th April, 2012 was set aside with a direction upon me to hear ATA No.10 of 2011 afresh. The reason, in short, was that Sections 73 and 74 of the Indian Trust Act, 1882 enjoined the Court to appoint a trustee and that this Court had committed an error by entrusting the work of appointing a trustee to a Special Officer. The ...
Angel Television Pvt.Ltd. Vs. Zee Entertainment Enterprises Ltd.
Court: Kolkata
Decided on: May-15-2012
AP No.354 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANGEL TELEVISION PVT.LTD.Versus ZEE ENTERTAINMENT ENTERPRISES LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :15. h May, 2012. Appearance: Mr.Abhrajit Mitra, Adv.Mr.J.Chowdhury, Adv.Mr.Ranjan Deb, Sr.Adv.The Court : The petitioner complains of the respondent failing to adhere to the contractual obligations or make payment for the films for the exploitation of which rights have been accorded to the respondent under an agreement of February 29, 2008 read with an addendum of May 5, 2009. The grievance of the plaintiff is that the respondent was granted the licence to only telecast Bengali films from the agreed repertoire in satellite channels owned or controlled by the respondent. The petitioner says that the agreement envisaged substantial payments to be made on regular basis by the respondent. According to the petitioner, the respondent has failed to make the payment under some speci...
Commissioner of Central Excise, Calcuttai Vs. M/S. Black Diamond Bever ...
Court: Kolkata
Decided on: May-15-2012
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction Original Side Present : The Honble Justice Sengupta And The Honble Justice Asim Kumar Mondal 15.05.2012 CEXA 1 of 2001 Commissioner of Central Excise, Calcutta-I versus M/S.Black Diamond Beverajes LTD.The Court :- It appears from the Statute and also the judgment of the Honble Supreme Court that National Tax Tribunal Act, 2005 cannot be made applicable, more so provision of Section 30 of the Act which intends to amend the relevant provision relating to jurisdiction of the High Court has not been given effect to by notification. Taking into consideration of the matter in totality we think the High Court still retain its jurisdiction to entertain the appeal as allowable before the National Tax Tribunal Act, 2005 came into force. Hence the matter is taken up for hearing. After hearing Mr.Roy, learned Advocate, we admit this appeal on the following substantial question of law: Whether Modvat Credit is admissible on glass bottles and plasti...
Ram Mahato Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: May-15-2012
ORDER SHEET W.P.No.225 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF: RAM MAHATO Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :15. h May, 2012. For Petitioner :Mr.SUBRATA GANGULY, ADVOCATE. For Respondents :MR.VIJOY KUMAR, ADVOCATE. The Court :-The father of the petitioner, one Tapeswar Mahato was an employee of the Eastern Coalfields LTD.He went missing on 13th May, 2000 and has remained untraced since then. The mother of the petitioner, Smt. Surai Devi had instituted a declaratory suit in the Court of Civil Judge[Junior Division].2nd Court, Asansol being T.S.No.138 of 2007 for a decree to the effect that Tapeswar Mahato is dead in the eye of law. This suit was instituted in the year 2007. This suit was decreed on 30th March, 2009. A copy of the judgement and decree passed in that suit has been made Annexure P-3. to the writ petition. It was ordered in that suit: that the suit be and the same is dec...
C. I. T. Kolkata Iii Vs. Peterhouse Investments India Ltd.
Court: Kolkata
Decided on: May-15-2012
ORDER SHEET ITA NO.692 OF 200.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE C.I.T. KOLKATA - III Versus PETERHOUSE INVESTMENTS INDIA LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :15. h May, 2012. The Court : This appeal was admitted by order dated September 13, 1998 on the following substantial question of law: Whether on the facts and circumstances of the case, the learned Tribunal was justified in law in holding that the claim of the assessee of depreciation of Rs.1,95,68,800/- in respect of the said furnace is fully justified in law and the assessee company is entitled to the depreciation under section 32 of the said Act for the assessment year 1995-96 despite concurrent finding to the contrary that the transaction was a sham one and as such the finding of the learned Tribunal is perverse?.. At the time of admission of the appeal, one M/S.Usha Martin Finance LTD.was the respondent/assessee. During pendenc...
Appellant Vs. Respondent
Court: Kolkata
Decided on: May-15-2012
ORDER SHEET G.A.No.1275 of 2012 W.P.No.126 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE CALCUTTA LAND TRUST LTD & ANR Plaintiff/Petitioner/Applicant Versus K.M.C. & ORS Defendant/Respondent BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :15. h May, 2012. For Petitioner : MR.BIKASH RANJAN BHATTACHARYAY,SR.ADVOCATE MS.SUTAPA SANYAL,ADVOCATE MR.A.N.BHATTACHARYYA,ADVOCATE MS.M.KHAN,ADVOCATE For KMC :MR.B.MUKHERJEE,ADVOCATE MR.D.MONDAL,ADVOCATE The Court : It is submitted by Mr.Bhattacharyya, learned Senior Advocate for the petitioners that as the Waiver Scheme, 2012 is coming to an end on this date, appropriate order may be passed so that his clients may be able to avail themselves of the Waiver Scheme, 2012. In view of the waiver Letter of Intimation appearing at page 183 of the application and as it has been submitted by Mr.Bhattacharyya that the waiver Letter of Intimation does not take into consideration the order passed by the Hearing officer app...
Srei Equipment Finance Private Limited Vs. Shantanu Sarkar and anr.
Court: Kolkata
Decided on: May-15-2012
ORDER SHEET AP NO.336 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus SHANTANU SARKAR & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :15. h May, 2012. MR.SWATARUP BANERJEE, MR.JAYANTA MUKHERJEE, ADVOCATES FOR PETITIONER The Court : The respondents are not represented despite service. In an order dated February 10, 2012 on a previous petition under Section 9 of the Arbitration and Conciliation 1996, it was noticed that the respondents had on affidavit admitted that a sum of Rs.30 lakh was due to the petitioner under the agreement. One of the assets was taken possession of by the Receiver pursuant to a direction of the Court. Such asset had already been sold prior to February 10, 2012. The petitioner submitted, as is recorded in the order dated February 10, 2012, that the other asset, a hydraulic backhoe loader, had also been surrendered by the respondents to the petitioner. By the order dated ...
Cosmic Ferro Alloys Ltd. Vs. Toll (India) Logistics Pvt.Ltd.
Court: Kolkata
Decided on: May-15-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ACO No.114 of 2012 APOT No.259 of 2012 CP No.140 of 2011 COSMIC FERRO ALLOYS LTD.Versus TOLL (INDIA) LOGISTICS PVT.LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :15. h May, 2012. The Court : Let supplementary affidavit filed in Court today be kept on record. It appears that delay has been explained properly. It further appears that delay is really attributable to the learned Lawyer than to the litigant itself. There will be an order in terms of prayer (a).There will also be an order in terms of prayer (b).By consent of the parties, the application is treated as on days list as Application New. and the same is disposed of. Having heard Mr.Bose, learned Advocate, for the appellant and the learned Advocate for the petitioning creditor and having gone through the impugned judgment and order, we are of the view that hearing of the appeal be expedited....
Lumino Industries Ltd. Vs. Bhanwar Lal Baid and ors.
Court: Kolkata
Decided on: May-15-2012
ORDER SHEET GA No.1083 of 2012 With CS No.140 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: LUMINO INDUSTRIES LTD.Versus BHANWAR LAL BAID & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :15. h May, 2012. Appearance: Mr.Abhrajit Mitra, Adv.Ms.Rajshree Kajaria, Adv.Mr.Jishnu Chowdhury, Adv..for the petitioner. Mr.A.K.Chowdhury, Adv.Mr.C.N.Dutta, Adv..for the ICICI Bank Mr.K.Thakar, Adv.Mr.Swarajit Dey, Adv..for the defendant no.4. Mr.Shekhar B. Saraf, Adv..for the respondent no.6. The Court: The plaintiff claims themselves to be an insecure tenant. They say that they are in occupation of flat no.5A and 5B of premises no.12A, Camac Street Kolkata. They submit that this property is liable to be dealt with in exercise of powers under the Sarfaesi Act, 2002 by banks and financial institutions. Mr.Chowdhury, appears for ICICI Bank LTD.the eighth defendant and opposes the prayer. Mr.Mitra, learned Advocate for the plaintiff at the ...
M/S. N.C. Enterprises and anr. Vs. Commissioner of Income Tax, Kolkata ...
Court: Kolkata
Decided on: May-15-2012
WP No.615 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.N.C.ENTERPRISES & ANR. Versus COMMISSIONER OF INCOME TAX, KOLKATA-XXI & ORS.Appearance Mr.Debal Banerjee, Sr.Advocate Mr.J.P.Khaitan, Sr.Advocate for the Petitioners Mr.Ranjan Kr. Sinha, Advocate for the Respondents BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :15. h May, 2012. The Court : In view of the order passed earlier today on WP No.386 of 2011 in similar circumstances, the present petition is liable to be allowed and the order dated May 12, 2011 passed under Section 127 of the Income Tax Act, 1961 is liable to be set aside and quashed. There is, however, an additional feature to which the department draws the Courts attention. An earlier order was passed under Section 127 of the Act for the transfer of the account to the Hyderabad Circle following which the petitioning-assessee approached this Court under Article 226 of the Constitution. Such previous petition, WP No.225 of 20...
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