Kolkata Court January 2014 Judgments
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Amstar Investment Pvt. Ltd. Vs. Shree Shree Iswar Satyanarayanjee and ...
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA1562014 APOT342014 AP14832013 AMSTAR INVESTMENT PVT.LTD.Versus SHREE SHREE ISWAR SATYANARAYANJEE & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th January, 2014. Mr.Joy Saha, Advocate Ms.Uma Bagree, Advocate for the appellant. Mr.Ratnanko Banerji, Advocate Mr.Prasanta Naskar, Advocate Mr.S.S.Bhutoria, Advocate for the respondent. The Court : The facts would appear in detail from the earlier order of the Division Bench dated August 26, 2013 appearing at pages 218-224 of the petition. Mr.Joy Saha, learned Counsel appearing for the appellant would make grievance with the judgment and order impugned dated January 9, 2014 that would read as follows : Since the grievance of the petitioner against the arbitrator is the failure of the arbitrator to conclude the reference and the petitioner also refers to what the petitioner perceives to be the dilatory tac...
Smt.Sipra Bhuiya and ors. Vs. Sri Rajib Ranjan Bhuiya and ors.
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET ALP NO.23 OF2013IN THE HIGH COURT AT CALCUTTA EXTRA-ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SMT.SIPRA BHUIYA AND ORS.Versus Sr.RAJIB RANJAN BHUIYA AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th January, 2014. MR.A.K.CHATTERJEE,SR.ADVOCATE FOR PETITIONERS MR.GUPTA NATH PRASAD,ADVOCATE FOR RESPONDENT NO.5 MR.SOMNATH SAHA,ADVOCATE FOR RESPONDENT NOS.2-4, 7, 14-17,19-23, 29-55 The Court : This is a clause 13 application. A suit of 1966 pending before the court below should be transferred to this court, it is submitted. It is a Partition and Administration suit. During its pendency parties have died and their heirs substituted. In some cases substitution is yet to be completed. Twenty-one parties, being a combination of plaintiffs and defendants are before this court as applicants for transfer of the suit. They are supported by forty other parties represented by learned counsel. All other parties are served. Only a solitary party wants an affidavit to be f...
Siemens Aktiengesellschaft and Another Vs. Kolkata Metro Corporation L ...
Court: Kolkata
Decided on: Jan-20-2014
TA No.7 of 2014 T No.18 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Siemens Aktiengesellschaft & Another Versus Kolkata Metro Corporation Limited & Another Before: The Honble Justice I.P.MUKERJ.Date: 20th January 2014 Appearance: Mr.Suidpto Sarkar, Advocate Mr.Prasanta Kumar Dutt, Advocate Mr.Rupak Ghosh, Advocate Mr.Susanta Kumar Dutt, Advocate for the plaintiffs/petitioners The Court: Appreciating the urgency cited by Mr.Sarkar, learned Senior Advocate, leave was given to his junior to present the plaint at 2 pm today and to Mr.Sarkar to move this application unlisted, ex parte immediately thereafter. This case concerns the East-West Metro proposed to be constructed in Kolkata. The plaintiffs were engaged by the fiRs.defendant as contractors for creating electrical designs and for doing other ancillary works in the project. For this purpose the above parties had entered into a contract. The plaintiffs had furnished two bank guarantees, the total value o...
………… Plaintiff Vs. Sibani Dutta and ors.
Court: Kolkata
Decided on: Jan-20-2014
C.S.O.S.No.01 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction In the matter of : THAKURANI SHREE SHREE DURGA MATA NEW TRUST; And In the matter of: ASIS MITRA Plaintiff versus SIBANI DUTTA & ORS. Defandants For Plaintiff : Mr.S.B.Mookerjee, Advocate with Mr.H.K. Mitra MRS.Suchismita Chatterjee (Ghosh) Mr.Siddhartha Chatterjee, Advocates For Defendants : Mr.Reetobroto Kr. Mitra, Advocate with Mr.Arindam Ghuha Mr.R.Dev, Advocates Heard on : 06.12.2013 & 20.12.2013 Judgment on : 20th January, 2014 I.P.MUKERJI, J. Questions are asked to this Court on this Originating Summons, under Chapter XIII of the Original Side Rules. The questions are posed by one of the Shebaits of the estate of the deity Thakurani Shree Shree Durga Mata Jew. The questions concern the last Will and Testament of Baikuntha Nath Dutta, a very wealthy citizen of Calcutta, made on 30th July, 1916. He was profoundly religious too. In 1900, he had founded a thakurbari. He installed this deity ther...
Sarat Chatterjee and Co.(Visakhapatnam) Pvt. Ltd. and anr. Vs. Commiss ...
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET G.A.No.8 of 2014 W.P.No.99 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SARAT CHATTERJEE AND CO.(VISAKHAPATNAM) PVT.LTD.& ANR. Versus COMMISSIONER OF INCOME TAX, KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th January, 2014. Appearance : Mr.S.Dasgupta, Adv.Mr.Pradip Sarawagi, Adv. for the petitioners Mr.L.K. Chatterjee, Sr.Adv. for the respondents. The Court : Affidavit-in-opposition filed today be kept on record. This is an application taken out by the petitioner alleging that during the existence of an injunction order the Assistant Commissioner of Income Tax, Visakhapatnam passed an order of reassessment. The order of transfer is stayed in the writ petition whereby the assessment jurisdiction was sought to be transferred to Kolkata from Vishakhapatnam to facilitate the inquiry conducted on such incidents. At the time of admitting the writ petition an order directing the status quo to be maintained in the meantim...
Selvel Advertising Pvt Ltd and anr Vs. the K.M.C. and ors
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET W.P.No.21 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SELVEL ADVERTISING PVT LTD & ANR Versus THE K.M.C.& ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 20th January, 2014. For Petitioner : Mr.Jaijit Ganguly,Advocate Mr.A.Chakraborty,Advocate Mr.A.Chowdhury,Advocate For KMC : Mr.B.Mukherjee,Advocate Ms.Era Ghosh,Advocate Mr.A.Dey,Advocate The Court : Let affidavit of service filed in Court today be kept on record. As prayed for, leave is granted to the petitioner to add the Chief Manager (Revenue).Kolkata Municipal Corporation as party respondent. Let the cause title be amended in couRs.of the day. Since Mr.Mukherjee, learned advocate appearing for the Corporation accepts service of notice on behalf of the added respondent, no further copy of the petition need be served. In this writ petition, the petitioner no.1, a company incorporated under the Companies Act, 1956 and carrying on business of outdoor advertisement, has challeng...
Traxpo Enterprises Pvt. Ltd. Vs. Commissioner of Income Tax, Kol Iv, K ...
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET WP No.1138 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TRAXPO ENTERPRISES PVT.LTD.Versus COMMISSIONER OF INCOME TAX, KOL - IV, KOL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th January, 2014. Appearance: Mr.Samit Talukdar Sr.Adv.Mr.Ananda Sen, Adv.Mr.Atish Mukherjee, Adv.Ms.Asha G. Gutgutia, Adv.The Court: The petitioner has assailed the order dated March 25, 2013 passed by the Commissioner of Income Tax, Kolkata, Under Section 142 (2A) of the Income Tax Act, 1961 directing the audit to be made by an independent Chartered Accountant. The bone of contention in this writ petition is that the authorities before passing the aforesaid order of a special audit under Section 142(2A) of the said Act did not give an opportunity of hearing. Mr.Talukdar, learned Senior Advocate, further submits that the authorities have not recorded their findings relating to the interest of the revenue either in the show cause notice or in the im...
Sri Bijan Mitra and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET W.P.No.378 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.BIJAN MITRA AND ORS.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th January, 2014. Appearance : Mr.B.C. Chakraborty, Adv.Mr.R.N. Paul, Adv.for the petitioners Mr.D.K. Ghosh, Adv.Mr.R.De, Adv. for the respondent No.4 The Court : The order dated 31.102012 passed by the Fourth Industrial Tribunal by which it was held that the reference is illegal is a subject matter in this writ petition. At the very outset it is recorded that despite the directions for filing affidavits neither the affidavits are filed by the respective respondents nor they are represented when the matter is taken up today. However, the learned advocate appearing for the petitioners submit that a copy of the affidavit-in-opposition have been served upon him and he intends to file reply; let affidavit-in-reply filed today be kept on record. Upon hearing the petitioners it...
Ajit Chand Bothra Vs. Commissioner of Income Tax, Kolii and ors.
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET G.A.No.10 of 2014 W.P.No.15 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AJIT CHAND BOTHRA Versus COMMISSIONER OF INCOME TAX, KOL-II & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th January, 2014. Appearance : Mr.S.Dasgupta, Adv.Mr.Pradip Sarawagi, Adv. for the petitioners Mr.L.K. Chatterjee, Sr.Adv. for the respondents. The Court : Affidavit-in-opposition filed today shall be kept on record. In this application the petitioner alleges that while the injunction order was subsisting , the Assistant Commissioner of Income Tax, Visakhapatnam passed an order of reassessment. My attention is drawn to an order passed in this writ petition by which the operation of order of transfer passed by authority was stayed. It further appeaRs.that the said order of transfer was passed by transferring the jurisdiction from the competent authority at Kolkata to the competent authority at Vishakhapatnam to facilitate the inquiry conducted on se...
Sanjoy JaIn Vs. Commissioner of Income Tax
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET ITA60OF2003IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE SANJOY JAIN Versus COMMISSIONER OF INCOME TAX BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 20th January, 2014. Mr.J.P.Khaitan, Sr.Adv., with Mr.R.Ghose, Adv., appeaRs.Mr.D.K.Shome, Sr.Adv., with Mr.Nizamuddin, Adv., appeaRs.The Court : This appeal is directed against a judgment and order dated October 9, 2002, passed by the learned Income Tax Appellate Tribunal, dismissing the appeal of the assessee. The assessee has come up in appeal which was admitted by an order dated November 17, 2003 and the following question was formulated: Whether the Tribunal was justified in law in holding that the appellant was liable to be assessed on interest of Rs.13,99,428/- paid by New Central Jute Mills Co.LTD.for delay in payment of the price of raw jute supplied by the appellants upcountry constituents and its purported findings in that behalf are incons...
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