Kolkata Court February 2014 Judgments
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Hahnemann Laboratory Ltd. and ors. Vs. Mr. Ajoy Agarwal
Court: Kolkata
Decided on: Feb-14-2014
ORDER SHEET CC NO.91 OF2012IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Contempt) HAHNEMANN LABORATORY LTD.& ORS.VS Mr.AJOY AGARWAL BEFORE: The Hon'ble JUSTICE PATHERYA Date : 14th February, 2014. Mr.Ratnanko Banerji, Ms.Iti Dutta, Advocates for petitioners Mr.Sudip Deb, Mr.S.Sengupta, Mr.A.K.Gandhi, Advocates for contemnor The Court : On a comparison of the packaging of the plaintiff and the alleged contemner it appears that the restraint order was restricted to the get up and label. There seems to be no difference in the get up or in the label of the packaging of the alleged contemner respondent. It is the label and the get up which needs to be changed and in the event the alleged contemner is able to change the get up and label in respect of his product, the same be placed for approval before this Court. This order is passed as the alleged contemner respondent cannot be permitted to use a get up and label similar to that of the plaintiff in respect of which orders of injunctio...
Tamal Bandyopadhyay Vs. Sahara India and ors.
Court: Kolkata
Decided on: Feb-14-2014
ORDER SHEET GA2212014 APOT462014 CS4432013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TAMAL BANDYOPADHYAY Versus SAHARA INDIA AND ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th February, 2014. Mr.S.N.Mookerjee, senior Advocate Mr.Anirban Ray, Advocate for the appellant. Mr.A.K.Mitra, senior Advocate Mr.Abhrajit Mitra, Advocate Mr.Jishnu Chowdhury, Advocate Mr.Sarvapriya Mukherjee, Advocate Ms.R.Kajaria, Advocate Ms.Sonia Sharma, Advocate Mr.S.Ghose, Advocate for the respondent nos.1 and 2. Mr.Kamalesh Jha, Advocate for the respondent nos.3 and 4. The Court : The appellant/defendant is a journalist associated with a business magazine called Mint. He is about to publish a book on Sahara India, a renowned group run by Sr.Subrata Roy, the respondent no.2. The respondents anticipated libelous content in the book. Hence, they filed a suit before this Court against the appellant, inter alia, praying for an ord...
Sankar Mondal and anr. Vs. Srei Equipment Finance Private Limited
Court: Kolkata
Decided on: Feb-14-2014
1 ORDER SHEET GA No.393 of 2014 APOT No.67 of 2014 AP No.661 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SANKAR MONDAL & ANR. Versus SREI EQUIPMENT FINANCE PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th February, 2014. Appearance: Mr.Ranjan Kali with Ms.Sukriti Banerjee Advocates for the appellant. Mr.Satarup Banerjee with Ms.Sayani Mondal Advocates for the respondent. The Court :- Admittedly, the appellants defaulted. The appellants payment got earlier defaulted rescheduled. Even once as when per the the entire rescheduled agreement, appellants again defaulted. The learned Judge, in our view, very rightly directed the Receiver to take possession of the vehicle in question. Mr.Ranjan Kali, learned Counsel appearing for the appellant would contend, one of the appellants was indisposed that resulted in disaster. It is not a fact that the appellants did not have any sincere intention to pay off the ...
Planet M Retail Ltd Vs. Mani Square Ltd
Court: Kolkata
Decided on: Feb-14-2014
ORDER SHEET GA3792014 APOT652014 AP482014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PLANET M RETAIL LTD Versus MANI SQUARE LTD BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th February, 2014. Mr.Abhrajit Mitra, Advocate Mr.Jishnu Chowdhury, Advocate Mr.Sarvapriya Mukherjee, Advocate Ms.Swati Agarwal, Advocate Mr.Chayan Gupta, Advocate Ms.A.Biswas, Advocate for the appellant. Mr.Surajit Nath Mitra, senior Advocate Mr.Susanta Dutta, Advocate Mr.Abhik Sarkar, Advocate Mr.Sanjib Dawn, Advocate for the respondent. The Court : The parties do not agree to continue with the relationship, at least the appellant does not. The appellant wants to back out. The respondent would contend, the appellant must remove his goods after paying the maintenance charges and occupation charges for six months in lieu of notice. The agreement would provide, if the occupier wants to vacate, he has to give notice of six months. On that s...
The Commissioner of Income Tax, Kolkatai Vs. M/S Teck Consultancy Serv ...
Court: Kolkata
Decided on: Feb-14-2014
ORDER SHEET GA No.3423 of 2013 ITAT No.190 of 2013 ITA No. of 2013 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE THE COMMISSIONER OF INCOME TAX, KOLKATA-I Versus M/S TECK CONSULTANCY SERVICES PVT LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 14th February, 2014. Appearance: Mr.O.P.Dubey, Adv.Mr.J.P.Khaitan, Sr.Adv.Mr.Pranit Bag, Adv.The Court :- The subject matter of challenge in this appeal is a judgement and order dated May 16, 2013 by which the learned Tribunal allowed the appeal of the assessee against an order dated March 13, 2012 passed by the CIT in exercise of power under Section 263 of the Income Tax Act, 1961. The CIT came to the conclusions that Exception-2 appearing from Explanation to Section 73 was not applicable to the assessee and, therefore, the loss of a sum of Rs.14,76,318/- should have been deemed to be a speculation loss and could not have been allowed to be set off against the income arising ou...
M/S. JaIn Steel and Power Ltd. Vs. Commr. of Central Excise and Servic ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Feb-14-2014
I.P. Lal, J. 1. None present for the applicant. 2. Heard the Ld. A.R. for the Revenue. 3. The Ld. A.R. submitted that this Tribunal vide order No. SO/71486/2013 dated-6/12/2013 has directed the applicant to deposit 50% of the CENVAT Credit amount within a period of eight weeks from the date of communication of the said order and submit compliance report on 14/02/2014. It is stated that the applicant has not complied with the pre-deposit order of this Tribunal. Accordingly, the Ld. A.R. submitted that the appeal itself could be dismissed for non-compliance of the pre-deposit order. 4. I find that in this case the applicant has not deposited the amount directed by this Tribunal in its order dated-06/12/2013 and therefore I dismiss the appeal for non-compliance of the pre-deposit order under Section 35F of the Central Excise Act, 1944. The appeal is dismissed for non-compliance....
Commissioner of Income Tax, Centraliii, Kolkata Vs. Nandadevi Sales Ag ...
Court: Kolkata
Decided on: Feb-13-2014
ORDER SHEET ITAT No.167 of 2013 G.A.No.3262 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, CENTRAL-III, KOLKATA VERSUS NANDADEVI SALES AGENCY BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 13th February, 2014. Ms.Sukla Das Chandra, Adv.for Appellant Mr.S.Bagchi, Sr.Counsel, Mr.G.R.Sharma, Adv.for the Respondent The Court : The appeal is directed against a judgment and order dated 22nd May, 2013 by which the learned Tribunal dismissed the appeal preferred by the Revenue challenging the order of the CIT (Appeal).Once again challenging the order of the learned Tribunal, the Revenue has come up before this Court. The following questions have been suggested in paragraph-8 of the stay petition. I. Whether the learned Tribunal erred in law by upholding the decision of the CIT (A) by allowing the grounds in order under Section 250 for the assessment year 2006-2007 and opined that t...
L and T Finance Limited Vs. Pestcon Engineering Industries Pvt. Ltd. a ...
Court: Kolkata
Decided on: Feb-13-2014
AP No.759 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus PESTCo.ENGINEERING INDUSTRIES PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th February, 2014. Appearance: Ms.S.Saha, Adv.Mr.Siddhartha Banerjee, Adv.The Court : The respondents are represented and suggest that better offers could have been obtained for the tipper which cost about Rs.14 lakh in 2010 and for which best offer of Rs.1.35 lakh has now been received. Since it was open to the respondents to bring better offers for the assets that form the subject-matter of the agreement between the parties and the respondents have failed to do so, the sale of the tipper is confirmed in favour of Om Prakash Pandey of B.T.Road, Kolkata, at Rs.1.35 lakh, subject to the entire amount being paid by way of a demand draft or bankers cheque or like instrument, not being a personal cheque, in favour of the petitioner within a fortnight from date. In def...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-13-2014
COMPANY APPLICATION NO.92 OF2014IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the Matter of : MADHU PROJECTS PRIVATE LIMITED & ANR. BEFORE : The Honble JUSTICE PATHERYA Date : 13th February, 2014. Appearance : Mr.Rajesh Singh, Advocate The Court : That a meeting of the Shareholders of Madhu Projects Private Limited shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata-700001 on the 27th day of March, 2014 at 4.00 p.m.for the purpose of considering and if thought fit approving with or without modification, the proposed Scheme of Amalgamation of R.K.Plaza Private Limited (hereinafter referred to as the Transferor Company) with Madhu Projects Private Limited (hereinafter referred to as the Transferee Company).That a meeting of the Shareholders of R.K.Plaza Private Limited shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata-700001 on the 27th day of March, 2014 at 4.30 p.m.for the purpose of considering and if thought fit approving w...
Suresh Kumar JaIn and anr. Vs. Kamlesh Sogani and ors.
Court: Kolkata
Decided on: Feb-13-2014
CC137of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SURESH KUMAR JAIN & ANR. VERSUS KAMLESH SOGANI & ORS.BEFORE : THE HONBLE JUSTICE PATHERYA DATE :13TH FEBRUARY,2014. For the petitioner : Mr.Abhrajit Mitra,Advocate With Mr.Aniruddha Roy,Advocate Mr.Soumabha Ghosh,Advocate Mr.Gourav Khaitan,Advocate Mr.S.Nigam,Advocate For the respondent No.1 : Mr.Ranjan Bachawat, Advocate Mr.U.S.Menon,Advocate Mr.V.Kedia,Advocate Ms.Arunima Lala,Advocate For the J.K.Jain,Respodent No.3 : Mr.S.K.Kapoor,Sr.Advocate Mr.Ravi Kapoor,Advocate Mr.Ashis Kr. Mukherjee,Advocate For the Respondent No.2 : Mr.Surajit Nath Mitra,Sr.Advocate The Court :- This contempt application has been filed for alleged violation of order dated 3rd October,2013. The case of the petitioner is that to resolve disputes between the parties Arbitrators were appointed who, in turn, appointed a custodian to hold all documents of the parties. Resignation letters issued by the petitioners on 9th January,2013 was one of such documents...
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