Kolkata Court October 2014 Judgments
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Pam Developements (Pvt) Ltd. Vs. the Union of India (S.E.Rly)
Court: Kolkata
Decided on: Oct-28-2014
ORDER SHEET GA No.2599 of 2014 With EC No.197 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PAM DEVELOPEMENTS (PVT.LTD.Versus THE UNION OF INDIA (S.E.RLY) BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th October, 2014. Appearance: Mr.Sakya Sen, Adv.Mr.Priyankar Saha, Adv.Mr.Amritam Mandal, Adv..for the petitioner. Mr.M.K.Das, Adv..for the respondent. The Court: This application is filed for modification of the order passed by this Court on 31st July, 2014. The contention of the petitioner appears to be that in view of the refund of the security deposit made on 29th June, 2012 the interest at the rate of 6% shall be calculated at Rs.5,67,467.00 from 15th March, 2012 to 6th May, 2012 instead of calculation of interest at the said rate at Rs.6,65,085/-. The principal sum awarded was Rs.6,65,085.00. The total amount payable under the award was Rs.2,22,293.28. It was subsequent to the passing of the award that security deposit was refunded in fav...
Shri Jagannathji Seva Trust Vs. Asst. Director of Income Tax (Exemptio ...
Court: Kolkata
Decided on: Oct-28-2014
GA No.1848 of 2014 WP No.1259 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Shri Jagannathji Seva Trust Versus Asst. Director of Income Tax (Exemption) I, Kolkata & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 28th October 2014 Appearance: Mr.Dipak Dey, Advocate for the petitioner Ms.Maitrayee Bhattacharjee, Advocate for the respondents The Court: Mr.Dey, learned counsel for the petitioner submits that the facts of this case are identical to those in WP No.1280 of 2013 (Dewdrops Merchants PVT.LTD.versus Income Tax Officer, Ward 1(4).Kolkata & Ors.) disposed of by this Court on 16th September 2014 and WP No.1284 of 2013 (Gangol VinCo.PVT.LTD.versus Income Tax Officer, Ward 1(4).Kolkata & Ors.) disposed of on the same day. The impugned order under Section 127 of the Income Tax Act, 1961 was passed on 4th September 2013. One need not investigate whether the facts in this case are similar to those in the other two matters because the transfer o...
Amal Kumar Sarkar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-28-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA3179OF2014WITH APOT587of 2011 WP862of 2011 AMAL KUMAR SARKAR Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 28th October, 2014. Mr.Anirban Basu, Advocate Mr.Subhadeep Sen, Advocate Mr.D.Ganguly, Advocate ..for appellant/petitioner Mr.Moloy Kumar Basu, Sr.Advocate Mr.Ashit Kumar Chakraborty, Advocate Mr.S.Panja, Advocate for respondents 4 & 5 Mr.Paritosh Sinha, Advocate Mr.Arindam Mondal, Advocate for state respondent The Court :-Heard learned Counsel for the appellant. We have gone through the impugned order dated 17th November, 2011. It is not in dispute that the appellant herein was initially a member of respondent No.4, Co-operative Housing Society, at the relevant point of time when the dispute arose. The genesis for the present dispute seems to be demand of payment of Rs.5,000/- towards repair of road and another amount of R...
Commissioner of Income Tax –durgapur Vs. Manab Dutta
Court: Kolkata
Decided on: Oct-28-2014
1 ORDER SHEET G.A.No.1880 of 2014 ITAT64of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX DURGAPUR VERSUS MANAB DUTTA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 28TH OCTOBER, 2014. Appearance : MR.P.DHUDHORIA,ADVOCATE FOR APPELLANT/REVENUE MR.J.P.KHAITAN,SENIOR ADVOCATE MR.A.SEN,ADVOCATE MR.A.SAMANTA,ADVOCATE FOR RESPONDENT. The Court : This appeal under section 260A of the Income Tax Act, 1961 has been preferred by the appellant/revenue against the order dated 13th December, 2013 passed by the Income Tax Appellate Tribunal, B Bench, Kolkata in IT(SS).No.103/Kol/2008 relating to the Block Assessment period 1.4.1996 to 12.12.2002. The matter was taken up on 3rd September, 2014 and 24th September, 2014. On 24th September, 2014 Mr.J.P.Khaitan, learned Senior Advocate wanted to rely on Paper Book used before the Income Tax Appellate Tribunal and accordingly, adjournment was granted with a ...
L and T Finance Ltd. Vs. Vinoka Yeptho and anr.
Court: Kolkata
Decided on: Oct-27-2014
ORDER SHEET GA24012014 APOT4062014 AP15552013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus VINOKA YEPTHO AND ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 27th October, 2014. Mr.P.Banerjee, Advocate for the appellant. The Court : Despite service, none appears to oppose this appeal. The learned Single Judge discharged the Receiver by confirming the order of injunction after noticing the fact, the Receiver was not able to locate the assets covered by the agreement. Hence, this appeal at the instance of the financier. Learned Counsel files the supplementary affidavit. Paragraph 3 of the said affidavit would suggest, the assets are lying in the District and Town Kiphre, Dimapur in the state of Nagaland. In such event, we set aside the order of the learned Single Judge to the extent that discharged the Receiver. The Receiver is directed to take possession. The monthly instalments have become ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Oct-22-2014
ORDER SHEET T.A.No.145 of 2014 G.A No. of 2014 APOT No.587 of 2014 APO No. of 2014 Arising out of G.A No.3113 of 2014 C.S.No.34 of 2013 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE CENTURY PLY BOARDS (INDIA) LTD.versus R. PIYARELALL IMPORT AND EXPORT LIMITED & ORS.BEFORE : The Honble Justice DIPANKAR DATTA -ANDThe Honble Justice ASHIS KUMAR CHAKRABORTY Date : 22nd October, 2014. (Vacation Bench) Appearance : Mr.Anuj Singh, Adv.Mr.Aiman B. Abdullah, Adv.Mr.S.P.Sharma, Adv The Court : The appeal is directed against an order dated 26.09.2014 passed by the learned single Judge. By the said order, the learned Judge dismissed an application presented by the present appellant in a suit, wherein it is not a party. A submission has been advanced on behalf of the appellant that it has a lien on the subject containers and that it is also entitled to demurrage from the plaintiff/respondent no.1 and without the requisite payment being made to the appellant, the Joint Rec...
Prem Narayan Pandey Vs. Cholamandalam Investment and Finance Co. Ltd. ...
Court: Kolkata
Decided on: Oct-22-2014
ORDER SHEET T No.309 of 2014 AP No.1588 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PREM NARAYAN PANDEY Versus CHOLAMANDALAM INVESTMENT AND FINANCE Co.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 22nd October, 2014. Vacation Bench Appearance: Mr.S.E.Huda, Adv.Mr.Rahul Kinkar Pandey, Adv..for the petitioner. Ms.Sadhana Rao, Adv..for the respondent no.1. The Court: Mr.S.E.Huda, learned Counsel appears for the petitioner. Ms.Sadhana Rao, learned Counsel appears for the respondent no.1. This is an application under Section 9 of the Arbitration and Conciliation Act, 1996. By order dated 17th October, 2014 an Honble Single Bench of this court (sitting in Vacation) was pleased to consider the prayer of the petitioner seeking a mandatory order for restoration of the vehicle. The Honble Single Bench was further pleased to direct that the petitioner shall serve a notice on the respondents and the matter will appear before the Vacatio...
Smt. Mita De and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-22-2014
T. No.305 of 2014 WP No.985 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. MITA DE & ANR. Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 22nd October, 2014. Appearance Mr.Partha Chakraborty, Adv.Mr.Jayanta Mukherjee, Adv.Petitioners Mr.Prithu Dudhoria, Adv.Mr.Arindam Mandal, Adv.State The Court : Mr.Partha Chakraborty, learned Counsel appears on behalf of the petitioneRs.Mr.Prithu Dudhoria, learned Counsel appears on behalf of the State respondents. The petitioners submit that disputes have cropped up in respect of the subject premises located at 28A, Brojo Nath Mitra Lane, Kolkata-700 009. He further submits that he apprehends threat of dispossession from the subject premises. Learned Counsel for the State submits that a proceeding under Section 144(2) Cr.P.C.being Case No.744/2014 is pending in respect of the subject premises in the Court of the learned 3rd Executive & Metropolitan Magistrate, Calcu...
Standard Chartered Bank Vs. Bengal Provincial Banks' Contract Employee ...
Court: Kolkata
Decided on: Oct-22-2014
ORDER SHEET GA No.3264 of 2014 TA No.146 of 2014 CS No.301 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STANDARD CHARTERED BANK Versus BENGAL PROVINCIAL BANKS' CONTRACT EMPLOYEES' ASSOCIATION & ORS.BEFORE: The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 22nd October, 2014. Vacation Bench Appearance: Mr.S.N.Mitra Sr.Adv.Mr.Suvodeep Chakraborty, Adv..for the petitioner. Mr.Supriya Ranjan Saha, Adv.Ms.Kalpana Das, Adv..for the defendant nos.1 & 3. Mr.K.K.Panday, Adv..for the respondent no.6. The Court: Mr.S.N.Mitra, learned Senior Counsel appears on behalf of the plaintiff/petitioner. Mr.Supriya Ranjan Saha learned Counsel appears on behalf of the respondent nos.1 and 3. Mr.K.K.Pandey, learned Counsel appears on behalf of the respondent no.6. Mr.Mitra draws the attention of this Court to the order dated 17th September, 2014 passed in GA No.2541 of 2014 in connection with CS No.301 of 2 2014 between the same parties. By the said solemn order the Honb...
Construcciones Y Auxiliar De Ferrocarriles S.A. (Caf) and ors. Vs. Kol ...
Court: Kolkata
Decided on: Oct-14-2014
ORDER SHEET T. No.306 of 2014 A.P.No.of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CONSTRUCCIONES Y AUXILIAR DE FERROCARRILES S.A.(CAF) & ORS.Versus KOLKATA METRO RAIL CORPORATION LIMITED BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 14th October, 2014. (VACATION BENCH) Appearance: Mr.S.Basu, Sr.Adv.Mr.U.Mukherjee, Adv.Mr.S.Taygi, Adv.Mr.B.Biswas, Adv. for the petitioners Mr.K.Chatterjee, Adv.Mr.R.Maity, Adv. for the respondent The Court: Two petitioners seek injunction against the respondent restraining it from invoking two bank guarantees. The petition was sought to be moved ex-parte. At the time when the petition was taken up for hearing, learned counsel for the respondent appeared and wanted a copy of the petition. A copy of the petition was served upon the learned counsel for the respondent in Court. The facts are such that I propose to dispose of the petition itself without inviting any affidavits. I have not called upon the responden...
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