Kolkata Court October 2013 Judgments
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The Bengal Chamber of Commerce and Industry Vs. Dy. Director of Income ...
Court: Kolkata
Decided on: Oct-09-2013
ORDER SHEET W.P.No.1051 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE The Bengal Chamber of Commerce & Industry Versus Dy. Director of Income Tax (Exemption) I Kolkata & ORS.BEFORE: The Hon'ble Justice HARISH TANDON Date: 9th October, 2013 Appearance : Mr.J.P. Khaitan, Sr.Adv.Mr.Prabir Kr. Bhowmick, Adv.The Court : The petitioner is claiming itself to be a non-profitable organization and was availing the benefit of exemption under Section 11 of the Income Tax Act 1961 until the order passed by the assessing authority for the assessment year 2010-11. According to the petitioner the provisions under Section 12A as it stood at the relevant period of time does not require a registration for the purpose of exemption under Sections 11 & 12 of the said Act. The petitioner says that if an application is made before the date indicated therein it would amount to granting the exemption as a registered assessee for the purpose of an exemption under Section 1...
Bina Biswas and Another Vs. Somnath Hazra and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Oct-09-2013
Kalidas Mukherjee, President: This appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Parganas in case no.CC 15 of 2012 allowing the complaint with the following order: Hence ordered, that the complaint be and the same is allowed on contest against the contesting O.Ps but O.P.No.1 (developer) shall have to pay a cost of Rs.10,000/- to the complainant. Complainant and the opposite parties are hereby directed jointly and severally to execute the final deed of sale and to register it within one month from the date of this order. Complainant is directed to deposit Rs.1,50,000/- (balance amount of consideration) to the present Forum in the name of President, DCDRF, North 24 Pgs at Barasat by a demand draft or Bankers Managerial cheque within one month from the date of this order. On the date of execution of the deed of sale and registration of the deed O.Ps jointly and severally shall have to deliver khas possession peacefully to the compla...
Ramneek Singh Vs. L and T Finance Ltd. and anr.
Court: Kolkata
Decided on: Oct-08-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.94 of 2013 RAMNEEK SINGH Versus L & T FINANCE LTD.& ANR. And GA No.3072 of 2013 AP No.94 of 2013 RAMNEEK SINGH Versus L & T FINANCE LTD.& ANR. And AP No.272 of 2013 L & T FINANCE LTD.& ANR. Versus RAMNEEK SINGH & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th October, 2013. Appearance: Mr.Samrat Sen, Adv.Mr.P.Sinha, Adv.Mr.K.C. Garg, Adv.The Court : GA No.3072 of 2013 is an application for substitution. The application is by the mother of the original petitioner who has since died in a road accident. GA No.3072 of 2013 is allowed without costs by deleting the name of the original petitioner and by requiring substitution to be carried out as indicated in the cause title to the application. AP No.94 of 2013 is the challenge to an arbitral award. AP No.272 of 2013 is the finance companys petition under Section 9 of the Arbitration and Conciliation Act, 1996 since the award cannot be impleme...
Kolkata Metropolitan Development Authority Vs. Canara Bank
Court: Kolkata
Decided on: Oct-08-2013
ORDER CS No.60 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY Versus CANARA BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 8th October 2013. Mr.Ranjan Kumar ...for Mr.Aryak ...for The Court: KMd.floated loan bond crore and the same was fully subscribed. Appearance: Kali, Advocate the plaintiff. Dutt, Advocate the defendant. amounting to Rs.20 The maturity date of redemption of the said loan bond was 22nd May, 2005. To facilitate the redemption of the said bond, KMd.decided to create a Sinking Fund investment. Accordingly, KMd.invited offers in this respect from 10 different banks vide office letter No.3841/CMDA/FA dated 31st October, 1996. Canara Bank, Canning Street Branch, submitted their offer on 1st November, 1996. After comparing the terms and conditions offered by different banks, the plaintiff found that the offer of UBI, Tivoli Park Branch was most beneficial to KMDA. They submitted their offer for deposi...
Nik Nish Retail Ltd Vs. Ajay Singh
Court: Kolkata
Decided on: Oct-08-2013
1 ORDER SHEET GA No.3125 of 2013 APOT No.513 of 2013 CS No.397 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE NIK NISH RETAIL LTD Versus AJAY SINGH The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 8th October, 2013. Appearance: Mr.Jishnu Chowdhury with Mr.Soumava Ghosh Ld. Advocates for the appellant. Mr.Debanjan Banerjee, ld. Advocate For the respondent. The Court :- The suit was at the concluding stage, when the appellant approached the learned Single Judge with the plea, he was never served with the writ of summons. transpired, one When confronted Subrata Mallick, by an the plaintiff, employee of it the appellant received the writ of summons. The appellant would contend, he was in connivance with the plaintiff. We are told, Mr.Subrata Mallick has been removed from service. Paragraph 12 of page 67 of the application would show, the appellant took steps against Mr.Mallick. Mr.Ghosh on instruction informs us, he has since bee...
M/S. Tata Metaliks Limited Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET WP1052OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.TATA METALIKS LIMITED Versus STATE OF WEST BENGAL AND ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th October, 2013. Appearance : Mr.Somak Basu, Adv.for petitioner Mr.S.Mookherjee, Adv. for the state. The Court : The Court : The petitioners have sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench directed the matter to be listed on 12t...
Mayar India Ltd. Vs. M/S.State Trading Corp.of India Ltd.
Court: Kolkata
Decided on: Oct-08-2013
ORDER SHEET CS No.322 of 1998 With CS No.434 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAYAR INDIA LTD.Versus M/S.STATE TRADING CORP.OF INDIA LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th October, 2013. Appearance: Mr.R.K. Chowdhury, Adv.Ms.S.Dey, Adv.Mr.Shib Sankar Banerjee, Adv.The Court : Pursuant to the order on 1st October, 2013 Mr.Somesh Banik, Joint General Manager on behalf of the State Trading Corporation of India Limited is present in Court with instruction. After hearing Mr.R.K.Chowdhury and Mr.Shib Sankar Banerjee representing the respective parties, this Court is of the view that the matter can be conveniently dealt with and resolved if the parties are sent to mediation. Considering the pleadings and the nature of the dispute involved, the Court is prima facie satisfied that there are chances of settlement if the matter is referred to mediation and accordingly the parties are directed to resolve their disputes through ...
The Assam Company (India) Ltd. Vs. Numazar Dorab Mehta and ors.
Court: Kolkata
Decided on: Oct-08-2013
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Justice Dr. Mrinal Kanti Chaudhuri A.P.O.No.85 of 2010 With A.P.O.No.111 of 2013 Arising out of C.S.No.16 of 2007 THE ASSAM COMPANY (INDIA) LTD.versus NUMAZAR DORAB MEHTA & ORS.For the Assam Co.LTD.: Mr.Mr.Mr.Mr.Anindya Kumar Mitra, Senior Advocate Surajit Nath Mitra, Senior Advocate Ashish Chakraborty, Advocate Sankarsan Sarkar, Advocate For Numazar Dorab Mehta & ORS.Jayanta Kumar Mitra, Senior Advocate Ranjan Bachawat, Advocate Dhruba Ghosh, Advocate Sourav Ghosh, Advocate Arnab Basu Mallick, Advocate : Mr.Mr.Mr.Mr.Mr.Heard on : September 4, 5, 6, 12, 13, 18, 23, 24, 25 & 26, 2013. Judgment on : October 8, 2013. ASHIM KUMAR BANERJEE, J. FACTS : Calcutta Zoroastrian Communitys Religious and Charity Fund and the Olpadwala Memorial Trust filed the suit through trustees being the plaintiffs. The plaintiffs claimed, they were the owners...
Sashi Prasad Goenka and ors. Vs. Steelco Syndicate and ors.
Court: Kolkata
Decided on: Oct-08-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen C.S.208 of 2008 SASHI PRASAD GOENKA & ORS.versus STEELCO SYNDICATE & ORS.For the plaintiff : Mr.Asish Chakraborty, Mr.Mohit Gupta, For the defendants : Mr.Manju Agarwal, Mr.Bajrang Manot, Heard on : 06.03.2013, 08.05.2013, 05.06.2013, 12.06.2013, 19.06.2013, 15.07.2013 Judgment on : 8th October, 2013 Soumen Sen, J.:- The plaintiff has filed the suit against the defendant for eviction and mesne profits. In this suit for recovery of possession and mesne profits, the plaintiff contends that the tenancy of the defendant No.1 expired on efflux of time on May 31, 2008. Although, the plaintiff was not obliged to give any notice to quite, by three several letters dated May 29, 2008, July 8, 2008 and August 1, 2008 respectively, the plaintiff called upon the defendants to vacate the said flat and demanded mesne profits of Rs.3 lacs a month. The plaintiff alleged that on and from Ju...
Commissioner of Income Tax, Kolkta – Ii Vs. M/S. Lily Exporters Pvt. ...
Court: Kolkata
Decided on: Oct-08-2013
FORM NO.(J1) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Tarun Kumar Das ITAT No.126 of 2012 ITA No.110 of 2012 COMMISSIONER OF INCOME TAX, KOLKTA II -Vs.M/S.LILY EXPORTERS PVT.LTD.Advocate for the appellant: Ms.Smita Das De. Advocate for the Respondent: Mr.R.N. Bajoria, Mr.S.K. Mehta , Mr.Anurag Bajoria. Hearing concluded on: 27.02. 2013 Judgment delivered on: 08.10.2013 GIRISH CHANDRA GUPTA J. The subject-matter of challenge in this appeal is a judgment and order dated 19th August, 2011, passed by the learned Income Tax Appellate Tribunal dismissing the appeal of the Revenue. The facts and circumstances of the case briefly stated are as follows:During the assessment year 2005-2006 short-term capital gain amounting to Rs.1,62,05,046/- was returned by the assessee which was treated by the Assessing Officer as business profit on the ground that the purchase and sale of the shares took plac...
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