Kolkata Court February 2014 Judgments
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Sbi Capital Markets Ltd. Vs. G.S.Atwal and Co. (Eng) Pvt. Ltd. and anr ...
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET CS No.85 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SBI CAPITAL MARKETS LTD. Versus G.S.ATWAL & CO. (ENG) PVT. LTD. & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :10. h February, 2014. Appearance: Mr. Swarnendu Ghosh, Adv. Mr. Debdutta Sen, Adv. For the plaintiff. Mr. Dhruba Ghosh, Adv. Ms. Ahana Sikder, Adv. Mr. Koushik Mondal, Adv. For the defendant no.1 Mr. Ranjan Roy, Adv. Ms. Tanuta Guray, Adv. For the defendant no.2. The Court :- The original records are not available in the department. The learned Advocate for the plaintiff submitted reconstructed copy of the plaint and the written statement of the defendant nos. 1 and 2. He also submitted reconstructed copies of three affidavits relating to the documents. Copies of the Judges Brief of Documents and Additional Judges Brief of Documents were also submitted on behalf of the plaintiff. The same may be kept on record. The learned Advocate for the defendant no.1 submi...
Subhas Parekh and anr. Vs. Smt. Lalilta Rani JaIn and ors.
Court: Kolkata
Decided on: Feb-10-2014
CS60of 2013 GA No.3752 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SUBHAS PAREKH & ANR. Versus SMT. LALILTA RANI JAIN & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th February, 2014. For the plaintiffs : Mr.Joyak Kr. Gupta,Advocate For the defendant No.1 & 2 : Mr.Arnab Mukherjee,Advocate The Court : - None appears on behalf of the defendant No.3. The affidavit of service filed by the plaintiff shows that the said defendant was communicated with the order dated 4th April,2013 along with a copy of the plaint in order to enable the said defendant to enter appearance and file the written statement. The time to file the written statement by the said defendant expired on 1st April,2013. The said defendant is not represented. However, a last opportunity is given to the said defendant to contest this proceeding. The learned Advocate-onRecord for the plaintiff is directed to serve an appropriate notice by speed post with acknowledgement due on or before 13th February,2014 inform...
(Secondary Sec.) and ors. Vs. Dinanath Pandeyand ors.
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET APOT No.25 of 2014 GA No.108 of 2014 -withWP No.825 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SETH SOORAJMAL JALAN BALIKA VIDYALAYA (SECONDARY SEC.) & ORS.Versus DINANATH PANDEY & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 10th February, 2014. Appearance : Mr.A.Chowdhury, Advocate. Mr.Prasanta Kumar Banerjee, Advocate./ for the appellant. Mr.Sakti Pada Jana, Advocate. for the respondent/writ petitioner Mr.Sadhan Roychowdhury, Advocate. Mr.Manas Kumar Sadhu, Advocate. for the State. The Court : This mandamus appeal is directed against the judgment and order passed by a learned Single Judge of this Court on 21st November, 2013 in WP No.825 of 2013 whereby the School Authority was directed to reinstate the writ petitioner and to give effect to the approval of the District Inspector of Schools (SE).Kolkata, consequential with effect benefit in 3rd from favour of May, the 2006 with...
Nawdeep Singh Vs. Official Liquidator and anr.
Court: Kolkata
Decided on: Feb-10-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Aniruddha Bose February 10, 2014 CA401of 2013 CP90of 1983 CA342of 1998 CA431of 2012 Re: Angelo Brothers (in Liqn.) And Nawdeep Singh versus Official Liquidator & Anr. Mr.N.S.Hoon appears for the petitioner in person Mr.S.C.Prasad, Advocate for the Official Liquidator Mr.S.Chakraborty, Advocate for the workmen The Court :- In this matter, I had appointed the DIG, CID as a Special Officer by my order dated May 17, 2013 for carrying out certain directions specified in the order passed on that date. The learned Special Officer has filed Report dated January 30, 2014 and he has also apprised this Court that on attaining the age of superannuation, he was retiring with effect from January 31, 2014. In such circumstances, he requires to be discharged as he was appointed on the basis of his designation. He shall be discharged, however, after the accounts are submitted. I have gone through the report ...
Sri Saytasai Properties and Investment Pvt Ltd Vs. Commissioner of Inc ...
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET ITA No.257 of 2003 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Sr.SAYTASAI PROPERTIES & INVESTMENT PVT LTD Versus COMMISSIONER OF INCOME TAX, CENTRAL-II KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 10th February, 2014. Mr.J.P.Khaitan, Sr.Advocate with Ms.A.Banerjee, Adv.for the Appellant Md.Nizamuddin,Adv.for the Respondent The Court : This appeal is directed against a judgment and order dated 31st March, 2003 passed by the learned Income Tax Appellate Tribunal. Aggrieved by the order, the assessee has come up in appeal. The fiRs.question formulated at the time of admission of the appeal is as follows: 1) Whether the Tribunal was justified in law in holding that the appellant was not entitled to deduction under Section 57(iii) of the Income Tax Act, 1961 in respect of the interest of Rs.13,49,356/- incurred on borrowed funds utilized for making investment in shares on which no dividen...
Commissioner of Income Tax, Wbiv, Kolkata Vs. Mcleod Russel (India) Lt ...
Court: Kolkata
Decided on: Feb-10-2014
ITA No.254 0f 2001 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, WB-IV, KOLKATA Versus MCLEOD RUSSEL (INDIA) LTD., KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 10th February, 2014. Appearance: Mr.P.K.Bhowmick, Advocate for the appellant Mr.Sourabh Bagaria, Advocate Mr.Nikhil Jhunjhunwala, Advocate for the respondent The Court: The appeal is directed against a judgement and order dated 30th March, 2001, passed by the learned Appellate Tribunal. Aggrieved by the order, the Revenue has come up in appeal which was admitted by an order dated 4th April, 2003. Three several questions of law were formulated. The fiRs.question reads as follows :- (1) Whether on the facts and circumstances of the case the Income Tax Appellate Tribunal was justified in law in holding that Vibro Bed Drier is an item covered Under Appendix-1/H-III/(3)(III) of the Income Tax Rule 1962 and is entitled ...
Eastern Coalfields Limited Vs. Sri Rasamay @ Rasamay Mondal and ors.
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET GA No.3261 of 2013 GA No.3438 of 2013 APOT No.543 of 2013 WP No.74 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EASTERN COALFIELDS LIMITED Versus Sr.RASAMAY @ RASAMAY MONDAL & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 10th February, 2014 Mr.Alok Kumar Banerjee, Adv.with Mr.Rajarshree Dutta, Adv.Mr.Partha Basu, Adv.Mr.Nikhil Kumar Roy, Adv..for the appellant Mr.Subrata Ganguly, Adv..for the respondents Ref: G.A.No.3261 of 2013 This application has been filed for condoning the delay in preferring the appeal. Having heard the learned Advocate appearing on behalf of the respective parties and considering the averments made in this application, we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal. Therefore, the delay in preferring the appeal is condoned. The dep...
Circus Avenue Properties Private Limited and anr. Vs. the Kolkata Muni ...
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET GA No.162 of 2014 APOT No.33 of 2014 WP No.919 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CIRCUS AVENUE PROPERTIES PRIVATE LIMITED & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 10th February, 2014 Mr.Sakya Sen, Adv.with Mr.S.S. Banerjee, Adv.Mr.P.K. Jhunjhunwala, Adv.Mr.S.Rudra, Adv..for the appellants Mr.Achinta Banerjee, Adv.with Mr.Jayanta Narayan Mahanty, Adv..for the respondents This application has been filed in connection with the appeal preferred from the judgment and order dated 27th November, 2013 passed by a learned Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition upon issuing certain directions in the matter. It has been submitted on behalf of the appellants/writ petitioners that the concerned Hearing Officer of the Kolkata Municipal Corporation Authorities passed an e...
M/S. Savitri Seuj Tea Pvt. Ltd. Vs. Commissioner of Central Excise and ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Feb-10-2014
I.P. Lal, J. 1. Heard both sides and perused the records. 2. The present Appeal is filed by the Appellant against the Order of the Commissioner (Appeals). Briefly stated the facts of the case are that a show cause notice dated 23.03.2004 was issued to the Applicant alleging therein, that they did not discharge the additional duty of excise and cess on their final product i.e.Tea and Tea Waste. The Adjudicating Authority held that the Appellant has fulfilled the condition of Notification No.42/2003-CE dated 14.05.2003 (which exempted additional duty of excise), but extended the said benefit with effect from 11.06.2003, which is the date on which the Appellant filed the Undertaking required to be filed under the said Notification. He confirmed the Additional Duty of Rs.27,999/- for the period, 01.04.2003 to 10.06.2003 and Cess of Rs.64,155/- for the period, 2001 to 2004 respectively. Being aggrieved, an appeal was filed before the ld. Commissioner (Appeals), wherein he upheld the Ord...
Tushar Kanti Daspetitioner Vs. Union of India and ors.Respondents
Court: Kolkata
Decided on: Feb-07-2014
ORDER SHEET W.P.No.57 of 2014 In the High Court at Calcutta Constitutional Writ Jurisdiction Original Side TUSHAR KANTI DAS Versus UNION OF INDIA & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th February, 2014. For Petitioner : Mr.C.S.Jha with Mr.Agniswar Chowdhury, Adversus This writ petition was taken up yesterday, but there was no appearance on behalf of the respondents. Although the learned Advocate appearing for the petitioner insisted for taking up the matter, but to give another chance, this Court directed this matter to be listed today. When the matter is again taken up today, there is no representation on behalf of the respondents. The petitioner again insisted for taking up the matter as the Department, despite repeated applications having taken out for provisional release of the goods, have been keeping silence and no decision as yet has been arrived or communicated to the petitioner. The attention of the Court is drawn to the several applica...
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