Kolkata Court April 2013 Judgments
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Commissioner of Income Tax, Kolkataiii, Kolkata Vs. M/S Mmp Filteratio ...
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET ITAT 2 OF 201.GA 27.OF 201.GA 27.OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA Versus M/S MMP FILTERATION (P) LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :4. h April, 2013. Mr.P.Dudheria, Adv., ..for appellant/petitioner. Mr.J.P.Khaitan, Sr.Adv., ..for respondent. The Court : The delay is of 186 days according to the appellant. They have applied for condonation of the delay. In the application for condonation of delay, it is alleged that the copy of the impugned order was received on March 28, 2012 and the folder was sent for drafting of the appeal on October 19, 2012, i.e.to say, almost four months after the time to prefer an appeal had expired steps were initiated to have the draft prepared. It is further alleged therein that on November 19, 2012, the Ministry of Law, after perusal of the draft, sent the records to the Commissioner of Income...
Bhaskar Bhattacharya, J. in Dr. Apala Chakraborty Vs. the District
Court: Kolkata
Decided on: Apr-04-2013
GA No.3327 of 2012 PLA No.180 of 2012 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION In the goods of: Kalyan Kumar Bose (Deceased) Before: The Hon'ble Justice I.P.MUKERJ.Date:4. h April 2013 Appearance: Mr.Anirban Roy, Advocate for the petitioner The Court: An application for grant of probate of the Will of an Indian Christian, Kalyan Kumar Bose, deceased (PLA No.180 of 2012) was made ready and filed by the Advocates-on-Record for the executor and petitioner, M/S.Khaitan & Co.Court fee of Rs.50,000/- was paid at the time of filing of the application. Thereafter, the Advocates-on-Record realised that an application for grant of probate of a Will of an Indian Christian was not required at all by virtue of Section 213(2) of the Indian Succession Act, 1925. By this application the executor of the Will prays for refund of the Court fees. Bhaskar Bhattacharya, J. in Dr. Apala Chakraborty versus The District Judge, North 24 Parganas, Barasat reported in Cal LT 199.(1) HC ...
M/S.Muchem Vs. M/S.Muchem Makeup
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET APO NO.293 OF 201.GA NO.2037 OF 201.CS NO.81 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.MUCHEM Versus M/S.MUCHEM MAKE-UP BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :4. h April, 2013. Mr.Gautam Chakraborty, Sr.Adv., Mr.P.K.Ghosh, Sr.Adv., Mr.Sayantan Bose, Adv., Mr.Promod Bagaria, Adv., for the appellant. Mr.Pratap Chatterjee, Sr.Adv., Mr.Abhrajit Mitra, Adv., Mr.Jishnu Chowdhury, Adv., Mr.Priyankar Saha, Adv., for the respondents. The Court : The brothers are fighting for the mark of their respective products. Protracted litigations have not drawn a close before us. We must express our gratitude to the learned Counsel appearing for the parties for assisting us to arrive at this happy solution. The brotheRs.namely, Hirak Mukherjee, Ashok Mukherjee and Dipak Mukherjee are present in Court. They would also represent their wives interest. The parties agree, the appellant would use ...
(Formerly Known as Capstan) Vs. Malay Kumar Chatterjee
Court: Kolkata
Decided on: Apr-04-2013
GA No.1057 of 2013 AP No.808 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CAPSTAN SHIPPING & ESTATES LTD.(FORMERLY KNOWN AS CAPSTAN) Versus MALAY KUMAR CHATTERJEE BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h April, 2013. Appearance: Mr.P.K. Roy, Adv.Mr.Jayanta Kumar Mitra, Sr.Adv.Mr.Moloy Kumar Ghosh, Adv.The Court : The submission made on behalf of the applicant herein was directed to be taken down as made and is reproduced hereinbelow: Mr.Pramit Kumar Roy: It is the submission on the part of Malay Kumar Chatterjee that inasmuch as the award is signed by only one person and not signed by other person, the same may be corrected by remitting the matter back. However, Mr.Chatterjee does not give consent to set aside the award in its entirety. This is an application for clarification of an order dated January 18, 2013, the opening sentence whereof reads as follows: Even the respondent agrees that the award is not sustainable and is liable to be set ...
L and T Finance Limited Vs. Anil Kumar and ors.
Court: Kolkata
Decided on: Apr-04-2013
AP No.247 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction L & T FINANCE LIMITED Versus ANIL KUMAR & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h April, 2013. Appearance: Mr.P.Sinha, Adv.Mr.Satarup Banerjee, Adv.Mr.L.R. Mandal, Adv.The Court : This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 at the post-award stage. The award has been challenged by the respondents in this Court and the petitioner herein has proceeded in this petition on the basis of the agreement between the parties and without referring to the award. There is no dispute between the parties that a total sum of Rs.7,84,080/- ought to have been paid by the respondents to the petitioner by way of instalments till March, 2013 in terms of the agreement that is the subject-matter of the present proceedings. The respondents have paid sums of Rs.11,580/-, Rs.52,200/-, Rs.1,03,000/- and Rs.51,500/- on December 15, 2011, January 18, 2012, April 19, 2012 and ...
Ma Kreeng Construction Pvt. Ltd. and ors. Vs. Dipak Saha and anr.
Court: Kolkata
Decided on: Apr-04-2013
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Honble Justice Ashim Kumar Banerjee And The Honble Justice Dr. Mrinal Kanti Chaudhuri APO No.173 of 2011 APO No.172 of 2011 WITH CS No.35 OF 201.MA KREENG CONSTRUCTION PVT.LTD.& ORS.-VSDIPAK SAHA & ANR. APO No.375 of 2012 WITH CS No.35 of 2010 SHRI DIPAK SAHA & ANR. VS M/S.MA KREENG CONSTRUCTION PVT.LTD.& ORS.For the appellants Advocate (in APO No.173 & 172 of 2011) Advocate : Ms.Chhama Mukherjee, Mr.Anupam Mukherjee, (MA KREENG CONSTRUCTION PVT.LTD.) Ms.Sikha P. Chowdhury, Advocate For the appellants (in APO No.375 of 2012) Advocate (DIPAK SAHA & ANR) : Mr.Abhrajit Mitra, Advocate Mr.Jishnu Chowdhury, Mr.M.S. Tiwari, Advocate Mr.Dharmendra Tiwari, Advocate Heard on : March 7, 8 and 12, 2013. Judgment on : April 4, 2013. ASHIM KUMAR BANERJEE, J.: Parties entered into an agreement for sale dated May 25, 2006 by which the appellants agreed to sell and the respondents agreed to purchase an...
Surajit Dutta Vs. the Official Liquidator, High Court Calcutta
Court: Kolkata
Decided on: Apr-04-2013
1 ORDER SHEET ACO No.47 of 2013 APOT No.167 of 2013 CP No.562 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE In the Matter of : Sr.Sr.Onkershwara Rice Mill P. Ltd (In Liqun.) SURAJIT DUTTA Versus THE OFFICIAL LIQUIDATOR, HIGH COURT CALCUTTA BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DR. MRINAL KANTI CHAUDHURI Date :4. h April, 2013. Appearance: Mr.Sakya Sen with Mr.S.Pramanik Ld. Advocates for the appellant. Mr.Sukrit Mukherjee with Mr.J.Ray Ld. Advocates for the petitioning creditor. Mr.Suman Dutta with Mr.Amiya Sur, Ld. Advocates for the WBFC. Ms.Smita Das Dey, ld. Advocate for O.L.The Court :- We have heard Mr.Sakya Sen for the appellant, Mr.Suman Dutta for West Bengal Financial Counsel Corporation appearing for and Mr.Sukrit the petitioning Mukherjee, creditor instance the Company went into liquidation. learned at whose Mr.Sen would contend, the learned Judge directed a fanciful figure for deposit whereas the Official Liquidator is du...
Akhey Chand Saraogi Vs. Official Liquidator,high Court,calcutta and or ...
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET ACO No.203 of 2012 With APO No.143 of 2011 CP No.166 of 1971 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction AKHEY CHAND SARAOGI Versus OFFICIAL LIQUIDATOR,HIGH COURT,CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :4. h April, 2013. Mr.Surajit Nath Mitra, Sr.Advocate, Mr.Mainak Bose, Mr.Arindam Maitra for the applicant. Mr.Debojyoti Datta, MRS.Mithua Sen for Official Liquidator. Ms.Sutapa Sanyal, Mr.Arijit Roy for respondent no.2. The Court : Gajraj Pannalal Limited was a company incorporated under the provisions of the Companies Act, 1956. It was running a cotton mill known as Mahalaxmi Cotton Mill. The National Textile Corporation took over the entire cotton unit situated at Palta in the district of 24 Parganas (North).The company had no other function to perform. The company went in liquidation by an order dated September 20, 1972. The Official Liquidator took charge of the assets whatever left after the tex...
Commissioner of Income Tax, Kolkataxviii,kolkata Vs. Md. Jakir HossaIn ...
Court: Kolkata
Decided on: Apr-04-2013
1 ORDER SHEET ITAT No.31 of 2013 G.A.No.320 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-XVIII,KOLKATA Versus Md.JAKIR HOSSAIN MONDAL BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :4. h April, 2013. Mr.Arya Das, Adv.for the appellant Mr.Ananda Sen, Adv.with Mr.Anuran Samanta, Adv.for the Respondent The Court : The Assessing Officer added the sum of Rs.31,59,870/- to the returned income of the assessee because the aforesaid sum was shown to have been incurred on account of freight charge, but no TDS was deducted. Therefore, the addition was made invoking section 40(a)(ia) of the I.T.Act, 1961. Aggrieved by the order of the Assessing Officer,the assessee preferred an appeal. The Appellate Authority, though, recorded the contention of the assessee that freight charge was part of the price of the goods supplied by the supplier but came to the conclusion that there was no...
Stp Limited Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-04-2013
ORDER SHEET EC NO.137 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STP LIMITED Versus STATE OF WEST BENGAL & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :4. h April, 2013. Mrs.S.MookerjiappeaRs.Mr.P.SinhaappeaRs.The Court : This is an application for enforcement of an award dated 16th April, 2008. The sum sought to be realised is Rs.73,85,475/- together with further interest. Mr.Sinha for the State, takes the point of territorial jurisdiction. A section 34 application was filed in Howrah Court. It was dismissed for default on 24th January, 2013.Mr.Sinha submits that steps are being taken for revival of that application. MRS.Mookerji submits that the contract was executed within the jurisdiction of this Court and this Court has jurisdiction to entertain this execution application under Section 36 of the Arbitration and Conciliation Act, 1996 read with Section 2[e].thereof. Prima facie, I am of the opinion that enforcement of an award is no...
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