Kolkata Court February 2014 Judgments
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Kanak Projects Limited Vs. Oil and Natural Gas Corporation Limited
Court: Kolkata
Decided on: Feb-20-2014
1 ORDER SHEET APO No.314 of 2012 CS No.440 of 1985 EC No.81 of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KANAK PROJECTS LIMITED Versus OIL AND NATURAL GAS CORPORATION LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th February, 2014. Appearance: Mr.Ranjan Bachawat, Mr.Debnath Ghosh And Mr.I.Karfa, Advocates for the appellant. Mr.Abhrajit Mitra and Mr.Soumava Ghosh Ld. Advocates for the respondent. The Court :- By the order dated February 3, 2014 we recorded a workable solution that the parties agreed. We asked the parties to file respective affidavits affidavits appellant recording have in been their filed. paragraph 5, consent. In the the Accordingly, affidavit appellant of the prayed for enhancement of the security that was not a part of the agreement. Hence such submission is rejected. Looking at paragraph 7, we find, the appellant prayed for necessary protection as to their future right to execute the dec...
Balaji Industries and anr Vs. the Official Liquidator and ors.
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET CA No.344 of 2013 with CP No.348 of 2003 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : HOOGHLY INK COMPANY (DELHI)PVT.LTD.(IN LIQN) AND BALAJ.INDUSTRIES & ANR -VSTHE OFFICIAL LIQUIDATOR AND ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 20th February, 2014. Mr.Nilay Sengupta,Adv.for the applicants. Mr.Mainak Bose, Ms.Manali Bose for the contributory. Ms.Ruma Sikdar for Official Liquidator. The Court : Admittedly the applicants who are allottees were directed to make payment of Rs.65 lakhs to the Official Liquidator to continue to remain in occupation of Plot nos.37 and 38, Loni Industrial Estate, DIC, Gaziabad. Pursuant to the said order some payments have been made though belated and in July, 2013 extension of time was sought by the allottees to make payment. Such time was granted. While passing the said order in July, 2013 it was specifically mentioned that as the allottees were being directed to make payment to the Official Liquidator, the allot...
Hoogly Mills Co Ltd Vs. S.P.Traders
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET APD3482013 CS3171998 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HOOGLY MILLS CO LTD Versus S.P.TRADERS BEFORE The Hon'ble JUSTICE ASHIM KUMAR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th February, 2014. Mr.Ravi Kapoor, Advocate Ms.Ahana Sikhdar, Advocate for the appellant. Mr.Dhruba Ghosh, Advocate Mr.R.L.Mitra, Advocate Ms.Priyanka Dhar, Advocate for the respondent. The Court : The parties have agreed on principle to settle not only this appeal but also the other suit being Suit No.316 of 1998 now appearing before the learned single Judge. The parties have already obtained leave from the learned single Judge to have the suit also disposed of by this Division Bench, by a composite order. The parties agree to have the dispute resolved by payment of Rs.1 crore by the appellant to the respondent in full and final settlement of their claim. The parties would also agree, the amount lying with Registrar, Original Side of this Court, be encashed an...
Commissioner of Income Tax, Kolkataxxi Vs. M/S K.K. Enterprise
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET ITAT No.186 of 2013 G.A.No.3283 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-XXI Versus M/s K.K.ENTERPRISE BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 20th February, 2014. Ms.M.Bhargava, Adv.for the appellant Mr.J.P.Khaitan, Sr.Adv.Mr.Vineet Tibrewal, Adv.Mr.Dilip Kr. Kadel, Adv.for the Respondent The Court : MRS.Bhargava, learned Advocate appearing for the appellant submitted that the challenge thrown to the deletion of the addition made by the Assessing Officer on account of handling losses to the extent of a sum of Rs.60,67,652/-, she has instruction, not to press and therefore that issue is dropped. The only other two issues are with regard to the deletion of a sum of Rs.18,12,967/- which the Assessing Officer had disallowed on the basis that the assessee had no occasion to incur the expenditure in connection with the business, as also deletion of...
indofil Chemicals Co. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET WP No.492 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE INDOFIL CHEMICALS Co.& ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 20th February, 2014. Appearance: Mr.Soumya Majumdar, Advocate Mr.R.K.Khanna, Advocate Mr.Agnibesh Sengupta, Advocate for the petitioners Ms.Anandamoyee Ghosh, Advocate for respondent No.3 Ms.Paramita Pal, Advocate for the State Dr. Barindra Narayan Roy, Advocate for the workmen The Court: Mr.Majumdar, learned Advocate, appears on behalf of the writ petitioner and submits that the challenge to the award dated 10th November, 2004 made by the Second Industrial Tribunal directing reinstatement of the workman and payment of back-wages is three fold. Firstly the dispute raised was by an individual workman regarding whether or not he ought to have been granted permanent status of employment, being a dispute that cannot be raised by an individual workman under the Industrial Disp...
Sri Chaitan Choudhury and anr. Vs. the O/L and ors.
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CA No.906 of 2010 with CP No.2 of 1987 CA No.26 of 2014 CA No.309 of 2013 CA No.321 of 2013 CA No.358 of 2013 CA No.388 of 2013 CA No.39 of 2013 CA No.513 of 2013 CA No.59 of 2013 RE: THE BARANAGORE JUTE FACTORY PLC AND Sr.CHAITAN CHOUDHURY & ANR. Versus THE O/L & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA Date : 20th February, 2014. Mr.S.N.Mitra, Sr.Adv., Mr.S.Ganguly, Mr.S.Sarkar, .for Yashdeep Trexim PVT.LTD.Ms.Manju Agarwal, Adv.for shareholder Mr.Bajrang Menot, Adv.for unsecured creditors Mr.Rajesh Updhyay, Advocate in CA No.59 of 2013 Mr.Debasish Kundu with Mr.S.K.Mal in CA321of 2013 Mr.Utpal Bose, Adv.with Mr.D.Jain, in CA586of 2010 Mr.Ranjan Bachawat with Mr.D.N.Sharma, Adv.Mr.Asish Roy, Adv.for Union of India Mr.Prasanta Naskar, Adv.for Namokar Vinimay Mr.Sarvopriya Mukherjee with Mr.R.Sarkar, Mr.S.Ghosh and Mr.A.Agarwalla, Adv.for the Company Mr.Dipayan Choudhury, Adv.for Ba...
Rahat Khan and anr Vs. the K.M.C. and ors
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE In the matter of: W.P.No.116 of 2014 RAHAT KHAN & ANR Versus THE K.M.C.& ORS And W.P.No.1121 of 2013 NESAR AHMED versus THE K.M.C.& ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 20th February, 2014. For Petitioner : MR.R.CHAKRABORTY,ADVOCATE MS.AMRITA LAL DHAR,ADVOCATE MR.SANJAY SAHA,ADVOCATE MR.N.C.BIHANI,ADVOCATE MR.N.GHOSH,ADVOCATE For KMC : MR.BARIN BANERJEE,ADVOCATE MR.S.K.DEBNATH,ADVOCATE MR.D.MONDAL,ADVOCATE For State: MR.S.ROYCHOWDHURY,ADVOCATE The Court : In the writ petition being W.P.No.1121 of 2013 (Nesar Ahmed versus Kolkata Municipal Corporation & Ors.).the petitioners have prayed for a direction upon the authorities of the Corporation to take steps against the construction raised at the premises no.44/1 Canal East Road, Kolkata allegedly without any sanction plan and for demolition of the same. In the writ petition being W.P.No.116 of 2014 (Rahat Khan & Anr. versus The K.M.C.& ...
M/S.Flender Limited Vs. Commissioner of Income Tax,calcutta
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.356 of 2003 M/S.FLENDER LIMITED Versus COMMISSIONER OF INCOME TAX,CALCUTTA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 20th February, 2014. For Appellant : Mr.R.N. Bajoria, Senior Advocate with Ms.N.Banerjee (Pal) and Mr.A.Gupta, Advocates For Respondent : Mr.P.K. Bhowmick, Advocate The Court : The appeal is directed against a judgment and order dated 29th August, 2003 passed by the learned Tribunal rejecting the contentions of the assessee. The assessee has come up in appeal. As regards the business activities of the assessee, the Assessing Officer in his assessment order has found as follows: The assessee company is engaged in manufacturing of gear boxes coupling and standard accessory in their factory at Calcutta. Most of the assessees customers are industries like Cement, PapeRs.Power House, Railways, Mining etc.The assessee has also got ...
ishwari Prasad Singh Roy Vs. International Society for Krishna Conscio ...
Court: Kolkata
Decided on: Feb-19-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak G.A.No.299 of 2014 C.S.No.927 of 1982 Ishwari Prasad Singh Roy -VersusInternational Society For Krishna Consciousness & ORS.For the Plaintiff Advocate : Mr.Arijit Chowdhury, Senior Mr.Abhrajit Mitra, Advocate Ms.Radhika Singh, Advocate Mr.Satadeep Bhattacharya, Advocate Ms.Sayanti Nandy, Advocate For the Defendants : Mr.Ahin Chowdhury, Senior Advocate Heard on : February 17, 2014 Judgment on : February 19, 2014 DEBANGSU BASAK, J. This was an application seeking amendment of the plaint as indicated in purple colour on the copy of the plaint being Annexure X to the affidavit in support of the Master Summons. The suit was for recovery of possession of portion of Premises No.3C, Albert Road, Kolkata on the ground of alleged wrongful trespass and alleged encroachment and also for damages. The plaint was amended twice earlier. By the proposed amendment the plaintiff soug...
Manoj Kumar Paul Vs. M.S.T.C Ltd. and ors.
Court: Kolkata
Decided on: Feb-19-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Harish Tandon February 19, 2014 WP896of 2013 Manoj Kumar Paul versus M.S.T.C LTD.& ORS.Mr.R.Bharadwaj, Advocate with Ms.Sutapa Sanyal, Advocate Mr.Debanik Banerjee, Advocate Mr.Arijit Ray, Advocate for the petitioner Mr.Sutanu Chakraborty, Advocate with Mr.Gourav Khaitan, Advocate Mr.Siddhartha Das, Advocate Ms.Pritha Basu, Advocate for the respondent Nos.1 and 2 Mr.Soumitra Mukherjee, Advocate for the Sales Tax Department The Court :- This matter is listed today at the instance of the petitioner. In the supplementary affidavit filed by the petitioner it is indicated that although the entire payment is made in respect of the lots for which the petitioner was a successful bidder the goods have not been made over by the respondent authority as yet. The respondent no.2 is represented and it is submitted on their behalf that they are liable to approach the custom authority for payment ...
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