Kolkata Court April 2013 Judgments
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Commissioner of Income Tax, Kolkataxx,kolkata Vs. Dr Sarmistha Mukherj ...
Court: Kolkata
Decided on: Apr-30-2013
1 ORDER SHEET ITAT No.54 of 2013 G.A.No.575 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-XX,KOLKATA Versus DR SARMISTHA MUKHERJEE BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :30. h April, 2013. Ms.Soma Chatterjee,Adv.for Appellant Mr.Soumitra Mukherjee, Adv.for Respondent The Court : The questions suggested by the Revenue for admission of the appeal are as follows : (a) Whether or not, on the facts and in the circumstances of the case, the Learned Income Tax Appellate Tribunal was justified in setting aside the order of the Commissioner of Income Tax, Kolkata-XX, passed under Section 263 of the Income Tax Act, 1961; (b) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal erred in law in deleting the additioin of Rs.49,75,532 made by the Assessing Officer as Long Terms Capital gain;. Both the questions, according to us, are ...
L and T Finance Limited Vs. M/S. Riya Stone Crusher and anr.
Court: Kolkata
Decided on: Apr-30-2013
AP No.280 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION L & T FINANCE LIMITED VERSUS M/S.RIYA STONE CRUSHER & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 30, 2013. Appearance: Mr.J.Chowdhury, Adv.Mr.R.Chowdhury, Adv.Mr.D.Basu Roy, Adv.The Court: The name of the second respondent is deleted since the second respondent had expired prior to the petition being filed. The petitioner will proceed only against the fiRs.respondent, the principal borrower. It is the case of the fiRs.respondent that the entirety of the assets covered by the agreement was not delivered by the dealer to the fiRs.respondent. Pursuant to a previous order, the Receiver was required to ascertain from the fiRs.respondent and the dealer as to which part of the assets had not been delivered by the dealer. However, it appears that neither cooperated with the Receiver and the Receiver has not been able to find out what remains with the dealer and has not yet been supplied to t...
Exhibitors Syndicate Pvt. Ltd. Vs. Ms. Arati Ghosh and ors.
Court: Kolkata
Decided on: Apr-29-2013
1 ORDER SHEET APO No.147 of 2013 With CS No.203 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EXHIBITORS SYNDICATE PVT.LTD.Versus Ms.ARATI GHOSH & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE MRINAL KANTI SINHA Date :29. h April, 2013 Appearance: Mr.Subrata Ghoswami, Adv.for the appellant. Mr.A.C.Kar, Adv.for the respondent no.1 Mr.P.C.Paul Chowdhury, Adv.Mr.G.Paul Chowdhury, Adv.for respondent Nos.5 to 9. Mr.David Mandosh, Adv.Ms.S.R. Das, Adv.for the respondent Nos.3 and 4. The Court : The property admittedly belongs to the respondent Nos.1 and 5 to 9. The appellant would claim, respondent No.1 would have one- sixth share whereas respondent Nos.5 to 9 would have five-sixth shares. The respondent No.1 filed a suit for recovery of possession on expiry of lease that was granted in favour of the appellant. The learned Judge passed a summary judgment ignoring the defence of the appellant to the extent, the plaintiff di...
Todi Hire Purchase and Lease Finance Ltd. (In Liqn.) Vs. Niranjanlal T ...
Court: Kolkata
Decided on: Apr-29-2013
In the High Court at Calcutta Original Jurisdiction CA No.350 of 2009 CP No.83 of 2004 In the matter of : Todi Hire Purchase & Lease Finance LTD.(In Liqn.) versus Niranjanlal Todi & ORS.& CA No.981 of 2010 CP No.83 of 2004 & In the matter of: Dilip Ranjan Dey & ORS.Versus The Official Liquidator High Court, at Calcutta & CA No.1080 of 2011 CP No.83 of 2004 In the matter of :Todi Hire Purchase & Leasing Finance LTD.(In Liqn.) And The Official Liquidator Versus Niranjanlal Todi & ORS.& CA No.1090 of 2011 CP No.83 of 2004 In the matter of :Todi Hire Purchase & Lease Finance LTD.(In Liqn.) And The Official Liquidator Versus Niranjanlal Todi & ORS.& CA No.99 of 2013 CP No.83 of 2004 In the matter of :Todi Hire Purchase & Leasing Finance LTD.(In Liqn.) & CA No.141 of 2013 CP No.83 of 2004 In the matter of :Todi Hire Purchase & Leasing Finance LTD.(In Liqn.) Before : The Honble Justice Sanjib Banerjee Date :29. h April, 2013 Appearance: Mr.Joy Saha, Adv.Mr.Rishad Medora, Adv.Ms.Rakhi Shroff, ...
Saroj Kumar Shaw Vs. the Kolkata Municipal Corporation and Others
Court: Kolkata
Decided on: Apr-25-2013
ORDER SHEET WP 109.OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAROJ KUMAR SHAW Versus THE KOLKATA MUNICIPAL CORPORATION & OTHERS BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS Date :25. h April, 2013. Mr.R.K.Jaiswal, Adv., for petitioner. Mr.S.Mondal, Adv., for respondents. The Court : The order dated January 15, 2013 admitting the WP and passing interim order is quoted below: The Court:- The petitioner in this WP under art.226 of the Constitution of India dated December 21, 2012 is questioning a demand dated September 5, 2012 (WP p.49) and a notice dated December 13, 2012 (WP p.58) issued by the authorities concerned of the Kolkata Municipal Corporation. By the notice dated September 5, 2012 the petitioner was asked to pay difference of the stallage mentioned in the notice, and by the notice dated December 13, 2012 he was asked to give vacant and peaceful possession of the stall to the authority issuing the notice. Advocate for the petitioner...
Limited Vs. Golden India Mines and Infrastructure
Court: Kolkata
Decided on: Apr-25-2013
AP No.318 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusGOLDEN INDIA MINES & INFRASTRUCTURE LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 25, 2013. Appearance: Mr.Satarup Banerjee, Adv..for the petitioner The Court : The facts in this matter would demonstrate the oppressive manner in which finance companies function and yet they come to Court seeking orders in equity. The agreement in this case was to run from June, 2011 till March, 2014, that is to say, that over a period of 33 months the financed amount together with interest thereon was to be repaid by the respondents to the petitioning finance company. Since the respondents are not represented all facts recorded herein are as supplied by the finance company. According to the finance company, five of the instalments were paid by the respondents and even a part of the sixth was paid. Upon default being committed by the respo...
Mahamaya Dassi Vs. Om Durga Developers (Private) Ltd. and anr.
Court: Kolkata
Decided on: Apr-25-2013
GA No.668 of 2013 CS No.255 of 2004 with GA No.1499 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Mahamaya Dassi Versus Om Durga Developers (Private) LTD.& Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date:25. h April 2013 Appearance: Mr.Debdatta Sen, Advocate for the petitioner Mr.Mohit Gupta, Advocate for the respondent The Court: There is no point in keeping this application for amendment pending. In another proceeding (GA No.1815 of 2010 with TS No.9 of 1963 Mahamaya Dassi & ORS.versus Tara Sundari Auddy) Sanjib Banerjee, J. by his order dated 4th August 2010 directed the following heirs of Mahamaya Dassi to be appointed as Joint AdministratORS.Mr.Anup Law (son of Ajit Kumar Law).Sarat Kumar Law, Bansari Law (widow of Ranjit Kumar Law).Sanat Kumar Law, Biswanath Kumar Law and Sankar Kumar Law. In that proceeding the Joint Administrators were appointed on their claim as heirs of late Mahamaya Dassi. Now, among all these heiRs.Sankar Kumar Law died on 10th...
R. Piyarelall Import and Export Ltd. Vs. Agrozan Commodities Dmcc and ...
Court: Kolkata
Decided on: Apr-25-2013
ORDER SHEET GA NO.503 OF 201.WITH CS NO.34 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE R. PIYARELALL IMPORT & EXPORT LTD.Versus AGROZAN COMMODITIES DMCC & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :25. h April, 2013. Mr.S.K.Das, Ms.N.Addhyaappear. Mr.R.K.ChowdhuryappeaRs.The Court : Mr.S.K.Das represents the sixth defendant, the container owner. There are eight containeRs.These are stuffed with the goods of the plaintiff importer. The claim of the container owner on account of container detention charges is about Rs.2.70 crores. The container owner says that they have a lien over the cargo until and unless their dues are paid. The exact amount will be determined, on trial of the suit. But it does appear from the submission of Mr.Chowdhury for the plaintiff that the exporter had attempted to pay about US$ 60,000 to the container owner for these charges. Mr.Chowdhury submits that this liability is of the exporter. These submissions of Mr...
Turner Morrison Ltd. Vs. the Calcutta Stock Exchange Association Ltd.
Court: Kolkata
Decided on: Apr-25-2013
ORDER SHEET APO No.6 of 2013 with CS No.29 of 2004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction TURNER MORRISON LTD.Versus THE CALCUTTA STOCK EXCHANGE ASSOCIATION LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :25. h April, 2013. Mr.Jishnu Saha, Mr.Sakya Sen, Mr.Ashis Kumar Mukherjee for the appellant. Mr.Samit Talukdar, Sr.Advocate, Mr.Aniruddha Mitra, Ms.Sudeshna Bagchi, Ms.Debashri Ghosh for the respondent. The Court : This appeal would relate to three issues as raised by the appellant. The issues are : i)The tenancy was terminated in 2003. However, the respondent held it till February 1, 2013. Hence they should pay occupation charges uptill that date as per the tenancy agreement subject to final adjudication of the mesne profit upon a decree being passed therefor. Pertinent to note, the suit for recovery of possession is pending. During pendency of the suit, the respondent vacated the premises. Hence the suit for recovery has ...
Tapas Kumar Hazra and Development Concern Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Apr-25-2013
1 ORDER SHEET APO No.75 of 2013 AP No.323 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TAPAS KUMAR HAZRA & DEVELOPMENT CONCERN Versus STATE OF WEST BENGAL & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :25. h April, 2013. Appearance: Ms.Sumita Mookherjee with Ms.Kumkum Das, ld. Advocates for the appellant. Mr.Sakya Sen, Mr.Arindam Mondal and Mr.Paritosh Sinha, ld. Advocates for the respondent. The Engineer, invited Public a tender Court :- Works Department, for construction The Superintending Western of a Circle (I) bridge. The appellant became successful in the tender process. The tender process was challenged by an unsuccessful tenderer in a writ petition. The learned Single Judge passed an order of status quo in respect of the tender. However, by the time the order was passed, the Superintending Engineer issued the work order. However, no written contract could be executed due to the order of status q...
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