Kolkata Court September 2013 Judgments
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Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET APO No.433 of 2013 GA No.2820 of 2013 WP No.624 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RATANLAL NAHATA Appellant Versus KOLKATA MUNICIPAL CORPORATION & ORS.Respondents BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 20th September, 2013. For Appellant : Mr.Joydeep Kar, Advocate For Respondent Nos.6&7: Mr.Saptangshu Basu, Sr.Advocate The Court : The intra-court appeal has been preferred against the order dated 29th August, 2013, passed by the learned Single Bench in W.P.No.624 of 2013. The matter pertains to mutation. Considering the pendency of the suit being C.S.No.41 of 2011, the Single Bench has observed that in case the suit is ultimately decided against the private respondents and the probate proceeding is allowed by grant of probate with respect to the Will left by Saila Bala Sein then the petitioner may renew the prayer for mutation before the Municipal authorities and in such event...
M/S. K. C. Pal and Co. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-20-2013
1 ORDER SHEET WP No.498 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.K.C. PAL & Co.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th September, 2013. Appearance: Mr.Soumya Majumder with Mr.S.Sarkar, Ld. Advocate for the petitioner Mr.Nirmalendu Bhattacharjee with Ms.Priti Jain, ld. Advocates for respondent no.3 The Court :- This writ petition is filed challenging an order no.23 dated 25.3.2013 passed by the learned Judge FiRs.Labour Court, West Bengal in case No.1 of 2011 by which the Court directed both the applications i.e.an application raising an objection as to the territorial jurisdiction as well as an application for interim relief are to be heard together. During the pendency of the aforesaid proceeding an application was taken out by the petitioner raising the point relating to the territorial jurisdiction of the Labour Court, which was directed to be considered before the prayer for interim reli...
Re: Rehablitting Company Pvt. Ltd. (In Liqn) Vs. the O/L, High Court, ...
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET CA 372 OF 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE: REHABLITTING COMPANY PVT.LTD.(IN LIQN) Versus THE O/L, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th September, 2013. Appearance : Ms.Anamika Pandey, Adv. for Chaudury Diesel Equipments Mr.D.Basu Ray, Adv. for Kalika Steel Traders Mr.B.Mukherjee, Adv. for Maa Tara Enterprises Mr.Narendra Prasad Gupta, Adv. for Variety Traders Complex Ms.A.Gaur, for Ma Durga Steel Traders Mr.B.Mohanty, Official Liquidator The Court : Several offers are received by the official liquidator in pursuance to the advertisement for sale in respect of the old furniture lying at the registered office of the company (in liquidation) (Lot-1) and six cranes are stationed at the different places at Haldia (Lot 2).Some of the bidders have made a combined offer whereas the others have made an offer for respective lot. Apart from the bidders who submitted their offers with the official liquidator, the Court...
The Commissioner of Income Tax, Centraliii, Kolkata Vs. M/S. Ual Indus ...
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.111 of 2013 THE COMMISSIONER OF INCOME TAX, CENTRAL-III, KOLKATA Versus M/S.UAL INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date : 20th September, 2013. For Appellant : Ms.Smita Das De, Advocate For Respondent : Mr.J.P.Khaitan, Senior Advocate with Mr.Siddharth Das and Mr.C.S.Das, Advocates. The Court : The appeal was admitted for a decision on the following question of law: i) Whether the Fly Ash Handling System installed in the factory of the assessee as part of its plant and machinery, can be installed as Air Pollution Equipment and allowed 100% depreciation?.. It appears that the Assessing Officer did not agree with the contention of the assessee that 100% depreciation was permissible. The assessee preferred an appeal before the CIT. Agreeing with the contention of the assessee, the appeal was allowed. The CIT, in allowing the app...
Cab Engineers Pvt Ltd Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-19-2013
ORDER SHEET EC NO.254 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CAB ENGINEERS PVT LTD Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :19. h September, 2013. MR.SABYASACHI SEN,ADVOCATE FOR DECREE HOLDER MR.P.SINHA,ADVOCATE FOR STATE The Court : An order was passed on 10th September, 2013 for release of payment after 19th September, 2013 to the decree holder. This order was passed as there had been noncompliance with the order dated 22nd July, 2013. This day it has been mentioned by counsel for the judgment debtors that not only the order dated 10th September, 2013 has been acted upon and the principal sum of approximately Rs.56,00,000/- has been kept apart in the account of the judgment debtors with the Reserve Bank of India, Kolkata. But as per the Appeal Courts order dated 22nd July, 2013, a cheque of approximately Rs.56,00,000/- has also been deposited with the Registrar General, High Court, Calcutta. Althoug...
Srei Equipment Finance Private Limited Vs. M/S. Misa Devlopers and ors ...
Court: Kolkata
Decided on: Sep-19-2013
ORDER SHEET AP 23.OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus M/S.MISA DEVLOPERS & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :19. h September, 2013. Appearance : Mr.Swatarup Banerjee, Adv.The Court : The petitioner seeks an order for confirmation of the sale of one tandem roller which appears to have been severely burnt. The respondents were previously represented in the present proceedings and, according to the petitioner, are contesting the arbitral reference. The sale of the burnt tandem roller is confirmed in favour of Shivanath Ray, Tiljala Road, Kolkata at Rs.1.50 lakh subject to the entire money being paid by way of a demand draft or pay order or bankers cheque or like instrument, not being a personal cheque, in favour of the petitioner to be made over to the petitioner or the receiver within a period of a fortnight from date. In default of such amount being paid, the entire earn...
Shree Enterprises Coal Sales Pvt. Ltd. and anr. Vs. Coal India Limited ...
Court: Kolkata
Decided on: Sep-19-2013
ORDER SHEET WP No.1587 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHREE ENTERPRISES COAL SALES PVT.LTD.& ANR. Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 19th September, 2013. Appearance: Mr.P.Banerjee, Advocate for the petitioners Mr.K.Mondal, Advocate for the respondents The Court: Mr.Mondal, learned Counsel for the respondents, takes a preliminary objection. It was with regard to territorial jurisdiction. He submitted that no part of the cause of action arose within the jurisdiction of this Court. The cause of action is pleaded in paragraph 26 of the petition. It is said therein that the e-auction on behalf of Coal India LTD.was conducted by Metal Scrap Trading Corporation (MSTC) from its office at 225F, A.J.C.Bose Road, Kolkata, within the jurisdiction. The dispute between the parties has arisen out of the contracts entered into in these e-auctions. It is true, as Mr.Mondal submitted that almost the entire ...
Vs. the Kolkata Municipal Corporation and ors.Re
Court: Kolkata
Decided on: Sep-19-2013
ORDER SHEET W.P.No.754 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMIT KUMAR GANGOLY & ORS.Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Petitioners Respondents BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 19th September, 2013. For Petitioners : Mr.Biswajit Mukherjee with Mr.C.R.Das, Adversus For Respondents : Mr.Alok Kr. Ghosh with Mr.Debangshu Mondal, Adversus The petitioners are the owners of premises no.80A, Bechu Chatterjee Street within Ward No.38, Borough IV under Kolkata Municipal Corporation. The said building has been declared as B-2 Heritage by Kolkata Municipal Corporation, Heritage Department. The petitioners claim that due to lack of proper repair the said building has now become dilapidated and it may collapse at any moment. Under such circumstances, the petitioners submitted an application before the Municipal Commissioner seeking permission to develop the said building for making it habitable with an assurance tha...
Shri Rudra Jyoti Bhattacharjee and ors. Vs. Union of India
Court: Kolkata
Decided on: Sep-19-2013
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 W.P.No.2003 of 2006 SHRI RUDRA JYOTI BHATTACHARJEE & ORS.versus UNION OF INDIA ALONG WITH W.P.No.27541 (W) of 2006 ASHIM KR. GANGULY & ANR. versus UNION OF INDIA AND W.P.No.8215 (W) of 2008 SUBHAS CHANDRA BOSE versus UNION OF INDIA & ANR. For the Appellants (in WP 2003/06) : Mr.Keshav Bhattacharjee, Advocate Mr.Jagabandhu Ray, Advocate Ms.Debjani Ghosal, Advocate For the Appellants : Mr.Ashim Kumar Ganguly, (In person) (in WP 2754.(W)/06) For the Appellants (in WP 821.(W)/08) : Mr.Subhas Chandra Bose, (In person) For added respondents : Mr.Rudrajyoti Bhattacharjee, Advocate (in WP 2754.(W)/06) Ms.Debjani Ghosal, Advocate For Union of India : Mr.Mr.Mr.Mr.R.N.Das, Senior Advocate Somenath Bose, Advocate Md.Nizammudin, Advocate Ashis Kr. Roy, Advocate Heard on : August 19, 21, 22, 29 and September 3, 2...
M. Rajkrishna Trading Pvt. Ltd. Vs. Jindal Steel Products Ltd.
Court: Kolkata
Decided on: Sep-19-2013
ORDER SHEET GA No.2867 of 2013 CS No.333 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M. RAJKRISHNA TRADING PVT.LTD.Versus JINDAL STEEL PRODUCTS LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date :19. h September, 2013. Mr.Abhrajit Mitra, Mr.Chayan Gupta, Mr.Dwip Raj Basu, Adversus for the petitioner The Court : In a suit for a money decree this application has been filed for interim relief. The case of the petitioner is that its claim arises on account of price of goods sold and delivered. No dispute has been raised with regard to goods supplied except in respect of two sums aggregating to approximately Rs.1,86,000/-. Therefore the balance sum is due and payable by the respondent to the petitioner. The last confirmation given of such payment was on 16th August, 2013. There is no reason assigned for non-payment of the said dues. Hence the instant application has been filed and order sought. No notice of this application has been given to the respo...
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