Kolkata Court February 2013 Judgments
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Casyab Pvt. Ltd. Vs. Central Bank of India and anr.
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET CS No.115 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CASYAB PVT.LTD.Versus CENTRAL BANK OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:21. t February, 2013. Appearance: Mr.S.N. Mitra Senior Advocate with Mr.Swatarup Banerjee, Mr.Samrat Mukherji and Ms.Karina Ahmed, Advocates ...for the plaintiff Mr.Rudraman Bhattacharya with Mr.Priyankar Saha, Mr.V.Raja Rao and Mr.Sounak Sengupta, Advocate ...for the defendants The defendant bank was far from candid at the trial of the suit with regard to compliance of an order passed by the Honble Division Bench of this Court on 2nd August 2007. It appears that the Honble Division Bench was persuaded to grant a stay on the basis of an undertaking given by the defendant bank that they would deposit a sum of Rs.1,52,560/- with the Registrar, Original Side, instead of Rs.1,88,200/-, per month on and from 1st November 2005 till the date of the order and the balance amount of Rs.35,640/- per month to...
Commissioner of Income Tax, Kolxviii, Kol. Vs. Haradhan Chandra Ghosh
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE GA No.313 of 2013 GA No.315 of 2013 ITAT No.28 of 2013 COMMISSIONER OF INCOME TAX, KOL-XVIII, KOL. Versus HARADHAN CHANDRA GHOSH BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :21. t February, 2013. For Appellant : Mrs.S.Das De, Advocate For Respondent : Mr.A.Roy with Mr.A.Gupta, Advocates The Court : This is an application for condonation of delay of 2449 days. The explanation is that copy of the order, sought to be challenged, was received on 12.1.2006. On 27.3.2006 the learned Counsel was engaged for the purpose of drafting Memorandum of Appeal and Stay Petition. The learned Counsel returned the brief on 10.3.2011 without drafting the Memorandum of Appeal or the Stay Petition. There is nothing to show that the learned Counsel was in fact briefed on 27.3.2006 or that he returned the papers without making any draft on 10.3.2011. If the case of the appell...
Commissioner of Income Tax, Kolkataiii,kolkata Vs. Itc Ltd
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET ITAT No.226 of 2012 G.A.No.2884 of 2012 G.A.No.2885 of 2012 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-III,KOLKATA Versus ITC LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :21. t February, 2013. Mr.ranjan Sinha, Adv.Ms.Nilanjana Banerjee, Adv.The Court : A copy of the order of the Tribunal sought to be challenged in this appeal was received on 27th December, 2011. Engrossed petition and Memorandum of Appeal were made ready on 23rd April, 2012, but the appeal actually was filed on 12th October, 2012. The period between 23rd April, 2012 and 12th October, 2012 was allowed to lapse merely because of inefficient handling of the matter, may be for the negligent activity of the officials in charge of the matter as would appear from various paragraphs of the application for condonation of delay. On an earlier occasion time was granted to the appellant to file a fur...
Southern Hitech Capital Ltd. Vs. the Official Liquidator and ors.
Court: Kolkata
Decided on: Feb-21-2013
IN THE HIGH COURT AT CALCUTTA Original Jurisdiction CA No.1047 of 2011 CP No.289 of 2009 SOUTHERN HI-TECH CAPITAL LTD.-VersusTHE OFFICIAL LIQUIDATOR & ORS.& CA No.439 of 2012 CP No.289 of 2009 M/S.CARRIT MORAN & COMPANY P. LTD.-VersusKRISHNA KUMAR KALYANI & CA No.347 of 2012 CP No.289 of 2009 M/S.CARRIT MORAN & COMPANY P. LTD.And M.G.PARIPOORNAM -VersusTHE OFFICIAL LIQUIDATOR & ANR. & CA No.574 of 2012 CP No.444 of 2009 M/S.CARRIT MORAN & COMPANY P. LTD.(IN LIQN.) And MARCOPOLO PRODUCTS PVT.LTD.-VersusTHE OFFICIAL LIQUIDATOR, HIGH COURT Appearance: Mr.S.N.Mookherjee, Sr.Adv.Mr.Ratnanko Banerjee, Adv.Mr.Anindya Kumar Mitra, Sr.Adv.Mr.Jishnu Chowdhury, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :February 21, 2013. The Court : It has been appropriately pointed out on behalf of the second respondent in CA No.1047 of 2011 that the four matters being CA No.1047 of 2011, CA No.439 of 2012, CA No.347 of 2012 and CA No.574 of 2012 may not have been directed earlier to be heard analogo...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET SHEET NO.1 PLA No.88 of 2012 GA No.2679 of 2012 GA No.3234 of 2012 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF:ABHA RANI SINHA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :21. t February, 2013. Appearance:Mr.Pratap Chatterjee, Sr.Advocate, Mr.Samrat Sen, Advocate, Ms.H.Chakraborty, Advocate, Mr.Paritosh Sinha, Advocate with Mr.Joydeep Roy, Advocate..for the petitioner. Mr.S.B.Mookherjee, Sr.Advocate, Mr.Sudipto Sarkar, Sr.Advocate, Mr.Sabyasachi Chowdhury, Advocate with Mr.Rajarshi Dutta, Advocate..for the Respondents. Mr.Debasis Nandi, Advocate..for Anjan Chakraborty. The Court :-Both the applications were returnable today. G.A.No.2679 of 2012 is made by Dr. Bikash Sinha. GA No.3234 of 2012 is made by Mrs.Mary Catherine Sinha. One of the executors of the Will of late Abha Rani Sinha, Anjan Chakraborty made an application in the above probate proceedings, being GA No.998 of 2012, asking for an order restraining the other...
Shri Abhishek Saraf Vs. MartIn Burn Limited
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET APO No.37 of 2013 with CS No.313 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction SHRI ABHISHEK SARAF Versus MARTIN BURN LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :21. t February, 2013. Mr.O.P. Dubey led by Mr.Anup Bose, Advocate for the appellant. Mr.Ranjan Deb, Sr.Advocate, Mr.Arijit Banerjee, Mr.Rishad Medora, Mr.R.L. Mitra, Ms.P.Dhar for the respondent. The Court : We have heard Mr.Anup Counsel appearing for the appellant yesterday and Bose, learned Mr.Ranjan Deb, learned Senior Counsel appearing for the respondent today. Mr.Bose would base his argument on two counts; (i) the suit was not maintainable in this Court in view of forum selection clause being incorporated in the subject Power of Attorney that should be considered as an agreement between the parties (ii) this Court would entertain the otherwise suit as have it no would territorial relate to jurisdiction maintenance of to two immovable proper...
Commissioner of Income Tax, Durgapur Vs. Sri Ashok Kumar Ghosal
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET ITAT No.5 of 2013 G.A.No.69 of 2013 G.A.No.70 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, DURGAPUR Versus Sr.ASHOK KUMAR GHOSAL BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :21. t February, 2013. Mr.Aniket Mitra, Adv.Mr.Amar Nath Sen, Adv.The Court : Copy of the order sought to be challenged in the appeal was received on 5th March, 2012. Chief Commissioner of Income Tax appears to have authorised filing of an appeal on 1st May, 2012, but such authorisation is claimed to have been received by the Income Tax Officer (Technical).Durgapur on 3rd July, 2012. Therefore, more than two months were spent in receiving the authorisation by the Income Tax Officer (Technical) at Durgapur from the office of the Chief Commissioner of Income Tax also at Durgapur. It is quite possible that both of them have their office in the same building. Even otherwise, from Durgapur to Dur...
Caravan Commercial Co. Ltd. and anr. Vs. Umesh Aggarwal and anr.
Court: Kolkata
Decided on: Feb-21-2013
GA No.99 of 2013 CS No.7 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Caravan Commercial Co.LTD.& Anr. Versus Umesh Aggarwal & Anr. Before: The Honble Justice I.P.MUKERJ.Date:21. t February 2013 Appearance: Mr.Abhrajit Mitra, Advocate Mr.Anirban Roy, Advocate Ms.N.Jhunjhunwala, Advocate for the petitioner Mr.Jayjit Ganguly, Mr.Pradeep Sancheti, Mr.Rudrajit Sarkar, Ms.Ankita Mukherjee, Advocate Advocate Advocate Advocate Mr.Ganguly for the defendants submits that this Court does not have territorial jurisdiction to entertain the suit. He submits that his client is in the process of filing an application for dismissal of the suit on this ground. I find that the suit was instituted upon taking leave under Clause 12 of the Letters Patent. This leave was granted on the averments made in the plaint, taking them as true, that part of the cause of action had arisen within the jurisdiction of this Court. Till an application by the defendants regarding absence of ju...
State of West Bengal and ors. Vs. Rungta Agencies Pvt Ltd and ors.
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO No.66 of 2009 WP No.654 of 2004 STATE OF WEST BENGAL & ORS.Versus RUNGTA AGENCIES PVT LTD & ORS.And APO No.67 of 2009 WP No.654 of 2004 THE CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY & ANR. Versus RUNGTA AGENCIES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :21. t February, 2013. Appearance: Mr.Subrata Talukar, Advocate .for State Mr.P.S. Bose, Advocate for KMd.Mr.Amit Pan, Advocate for respondents The Court : The subject matter of challenge in this appeal is a judgment and/or order dated 25th September, 2008 passed by brother Debasish Kar Gupta, J. allowing the writ petition and directing the respondent no.6 to release the land in favour of the petitioner. Liberty at the same time was given to the respondent to acquire the land, if they so desire in accordance with law. Challenging the aforesaid judgment and order, the present appeals w...
State of W.B. and ors. Vs. Chhabi Roy (Som)
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO 46.OF 200.WITH WP 101.of 2004 STATE OF W.B.& ORS.versus CHHABI ROY (SOM) APO 11.OF 200.WITH WP 152.of 2002 STATE OF W.B.& ORS.versus SK. ABDUR RASHID APO 12.of 2007 WITH WP 132.of 2002 STATE OF W.B.& ORS.versus SK. IDRIS MOHAMMED & ORS.APO 12.of 2007 WITH WP 152.of 2002 STATE OF W.B.& ORS.versus Md.ABDUL GHANI & ORS.APO 12.of 2007 WITH WP 140.of 2002 STATE OF W.B.& ORS.versus JAYNAL MULLICK APO 47.of 2007 WITH WP 142.of 2002 STATE OF W.B.& ORS.versus TAYEB ALI PURKAIT APO 20.of 2008 WITH WP 190.of 2004 DIRECTOR OF SCHOOL EDUCATION, WEST BENGAL & ORS.versus ANIL KUMAR GHOSH & ORS.APO 20.of 2008 WITH WP 210.of 2004 DIRECTOR OF SCHOOL EDUCATION, WEST BENGAL & ORS.versus ANIL KUMAR ROY & ORS.APO 20.of 2008 WITH WP 192.of 2004 DIRECTOR OF SCHOOL EDUCATION, WEST BENGAL & ORS.versus SULTAN SALAUDDIN SARKAR & ORS.APO 21.of 2008 WITH WP 203.of 2004 DIRECTOR OF SCHOOL EDUCATION, WEST BENGAL & ORS.versus NAND...
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