Kolkata Court September 2012 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Doe Jones Investments and Consultants Pvt. Ltd. Vs. the Registrar of C ...
Court: Kolkata
Decided on: Sep-03-2012
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Banerjee And The Honble Justice Shukla Kabir (Sinha) 03.09.2012 ACO192 of 2012 APOT 41 of 2012 CP 14.of 2012 DOE Jones Investments & Consultants PVT.LTD.versus The Registrar of Companies, West Bengal & ORS.The Court :- Being satisfied with the sufficient cause shown, the delay of 9 days is condoned. Leave in terms of prayer (a) is granted. The respondent applied under Section 560 of the Companies Act, 1956 before the learned single Judge for restoration of the name of the appellant company in the records of the Registrar of Companies. It was contended that there had been huge outstanding on account of money lent and advanced by the respondent no.2. The name was struck off only to avoid liability. Repeated adjournments were taken on behalf of the appellant as contended by the respondent No.2. However, on the 4/5th day when the matter was taken up none appeared on behalf of the appellant...
M/S. Chowdhury Industries Corporation Pvt. Ltd. Vs. Union of India and ...
Court: Kolkata
Decided on: Sep-03-2012
ORDER SHEET WP No.748 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.CHOWDHURY INDUSTRIES CORPORATION PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :3. d September, 2012. Mr.R.K.Chowdhury, Adv.for the petitioner Mr.A.K.Jena, Adv.for K.P.T.The Court : The petitioner was a lessee under the Port Trust. The tenure of the lease expired some time in 2004. An application for renewal of the lease was made. Although I am informed that the deed of lease did not give any right to the petitioner to seek and obtain renewal, it continued to be in occupation of property of the Port Trust upon payment of rent fixed in the lease deed. The Port Trust had, in the meantime, proposed to the Tariff Authority for Major Ports (TAMP for short) for revision of the schedule of rent for its properties at Kolkata and Haldia. The proposal of the Port Trust was approved by TAMP. In terms of the revised schedule of rent, the Port Trust is...
Karnani Properties Ltd. and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-03-2012
ORDER SHEET G.A.No.1516 of 2012 C.S.No.62 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KARNANI PROPERTIES LTD.& ORS.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :3. d September, 2012. For Petitioner : Mr.Ratnanko Banerjee,Advocate Mrs.Lopita Banerjee,Advocate For respondent no.10: Mr.Dhruba Ghosh,Advocate. For KMC : Mr.Achintya Banerjee,Advocate Mr.D.Mondal,Advocate For defendant nos.1 & 6: Mr.Mainak Bose,Advocate. For defendant no.7: Mr.A.Majumder,Advocate. For CESC : Mr.Subir Sanyal,Advocate. Mr.Somnath Bose,Advocate The Court : This is another application in connection with Karnani Mansion situated at 47 Park Street, Kolkata 700016. By an order made on 29th August, 2012, at the request of the Special Officer, I discharged him on his personal grounds. Mr.Shibadas Banerjee, Senior Advocate and Barrister-at-Law is appointed as Special Officer in his place on the same terms and conditions. He will be paid a mo...
Orbit Towers Private Limited Vs. Simplex Projects Limited
Court: Kolkata
Decided on: Sep-03-2012
ORDER SHEET APO No.386 of 2011 With CP No.128 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORBIT TOWERS PRIVATE LIMITED Versus SIMPLEX PROJECTS LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :3. d September, 2012. Mr.Jishnu Saha, Mr.Raja Basu Chowdhury, Mr.Partha Mukherjee for the appellant. Mr.Ratnanko Banerjee, Mr.Dhruba Ghose, Ms.Lopita Banerjee for the respondent. The Court : This appeal and the cross-objection would relate to judgment and order of the learned Single Judge declining to admit the winding up petition coupled with a direction upon the company to secure the claim of the petitioning creditor. The facts would depict, Simplex Projects Limited, a well known company in the field of construction, filed a winding up petition before the learned Single Judge inter alia claiming that they had invested a sum of Rs.20 lakhs in Orbit Towers Private Limited, a private limited company having its network in the State, a...
Sas Investments Fiduciary Ltd. Vs. the Official Liquidator, High Court ...
Court: Kolkata
Decided on: Sep-03-2012
CA No.654 of 2007 CP No.553 of 1999 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: BHARAT MARGARINE LTD.(IN LIQN.) AND SAS INVESTMENTS FIDUCIARY LTD.-VSTHE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d September, 2012. Appearance: Mr.Bimal Chatterjee, Sr.Adv.Ms.Aruna Ghosh, Adv.Mr.D.N. Chowdhury, Adv.Ms.Ruma Sikdar, Adv.The Court : Leave is given to the applicants in CA No.654 of 2007 to use a supplementary affidavit, inter alia, to indicate the following:1. The extent of the applying contributories interest in the company; 2. The settlement of the dues of the secured creditors of the company in liquidation; 3. The settlement of the dues of the workmen of the company in liquidation since the workmen would have stood pari passu with the secured creditors to receive the payments out of the assets of the company in liquidation; 4. The manner of the settlement of the dues of the other creditors of the company in liq...
Vs. Narendra Kumar BajoriA..Respondent
Court: Kolkata
Decided on: Sep-03-2012
ORDER SHEET APO No.322 of 2012 C.P.No.434 of 2004 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE -Bharnobari Tea & Industries Ltd.Appellant .Respondent Versus Narendra Kumar Bajoria BEFORE The Hon'ble Justice BANERJEE The Hon'ble Justice SHUKLA KABIR (SINHA) Mr.Pratap Chatterjee, Sr.Advocate, Mr.S.N.Mookherjee, Sr.Advocate, Mr.Raj Ratna Sen, Advocate, Mr.Reetobroto Mitra, Advocate, Mr.Pradip Sarawagi, Advocate and Ms.DebiSr.Adhikary, Advocate for the Appellant Mr.Jayanta Kumar Mitra, Sr.Advocate, Advocate, Ms.Manju Bhuteria, Advocate Advocate for the Respondent Mr.Ashis Chakraborty, and Mr.Anand Agarwal, Date:3. d September, 2012 The Court: This appeal would relate to an order of admission of a winding-up petition filed by the respondent for money lent and advanced. The learned Judge admitted the winding-up petition for Rs.1.02 crore along with interest and directed advertisement to be published. Hence, this appeal by the company. Bringing us to factual scenar...
Rajda Industries and Exports Pvt.Ltd and ors. Vs. Mahesh Kumar Prahlad ...
Court: Kolkata
Decided on: Sep-03-2012
GA No.2295 OF 201.CS No.214 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAJDA INDUSTRIES & EXPORTS PVT.LTD & ORS.Versus MAHESH KUMAR PRAHLADKA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :3. d September, 2012. Mr.Abhrajit Mitra Advocate Mr.Jishnu Chowdhury, Advocate Mr.R.Upadhyay, Advocate .for petitioneRs.Mr.S.N.Mukherjee, Sr.Advocate Mr.Ratnanko Banerjee, Advocate Mr.Reetobroto Mitra, Advocate Mr.S.K.Poddar, Advocate Mr.A.K.Gandhi, Advocate for respondents 1 to 12 Mr.Somnath Bose, Advocate ..for CESC. The Court :- This application has been filed in CS 21.of 2011 for a chairperson or a special officer to be appointed to convene the meeting which is to be held on 7.9.2012 and to allow the petitioners to exercise voting rights and in the event the petitioners and the defendants No.13 and 14 are not allowed to cast their votes in the annual general meeting to be held on 7.9.2012 the same be deferred. The case of the petitioners is that purs...
C.i.T. Iii Kolkata Vs. Budhia Business Pvt. Ltd.
Court: Kolkata
Decided on: Sep-03-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.91 of 2004 C.I.T.- III KOLKATA Versus BUDHIA BUSINESS PVT.LTD.BEFORE: The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA A n d The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :3. d September, 2012. The Court : This appeal is directed against judgment and order of the learned Tribunal dated 13th April, 2003. This appeal is sought to be admitted on the following suggested questions of law: (a) Whether on the facts and in the circumstances of the case the learned Tribunal was justified in holding that the capital gain arising from the transfer of depreciable asset would qualify for exemption under section 54E of the Income Tax Act ?. (b) Whether on the facts and in the circumstances the case the learned Tribunal was right in rejecting the departments contention that the gain arising from transfer of the depreciable asset on which depreciation has been allowed shall be treated as short-term capital gain with...
M/S. L. HossaIn and Co. Vs. Bharat Sanchar Nigam Limited and ors.
Court: Kolkata
Decided on: Sep-03-2012
ORDER SHEET WP No.689 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.L.HOSSAIN & Co.Versus BHARAT SANCHAR NIGAM LIMITED & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:3. d September, 2012 Mr.Amal Baran Chattterjee, Adv.with Mr.Ananta Kumar Lala, Adv..for the petitioner Mr.Anil Gupta, Adv..for the respondents The order of the Chief Engineer dated 12th July, 2012 is under challenge in this writ petition. By the said order, the Chief Engineer has refused the prayer of the petitioner for payment of Rs.3,99,865/charged by him for completing certain works entrusted to him. It appears on a reading of the said order that a particular officer of Bharat Sanchar Nigam Limited allowed the petitioner to undertake certain works without issuing any tender notice in deviation of the codal formalities and, therefore, the petitioner was not entitled to any amount for the work undertaken by him. Admittedly, the contract is non-statutory. It is also apparen...
Vishnu Mansions Private Limited and anr. Vs. the Hong Kong and Shangha ...
Court: Kolkata
Decided on: Sep-03-2012
ORDER SHEET WP No.152 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VISHNU MANSIONS PRIVATE LIMITED & ANR. Versus THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD & ANR. BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:3. d September, 2012 Mr.Abhrajit Mitra, Adv.with Mr.Jishnu Chowdhury, Adv..for the petitioners Mr.Sabyasachi Chowdhury, Adv.with Mr.Rajarshi Dutta, Adv..for the respondents It has been averred in the affidavit-in-opposition filed by the respondents that the property in dispute i.e.133A, 133B and 133C, Harish Mukherjee Road, Kolkat025. under Kolkata Municipal Corporation Ward No.73, at one point of time, was owned by Radhanath Sarkar; that he had, by three separate deeds of conveyance (all dated 14.09.1992) sold the same to Anjali Mazumdar (Buri) for valuable consideration; and that all the deeds have duly been registered in the office of the Additional District Sub-Registrar at Alipore (hereafter ADSr.Alipore) and recorded in book ...