Kolkata Court February 2014 Judgments
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Beltas Merchants Pvt. Ltd. Vs. Indian Fibers Ltd. and ors.
Court: Kolkata
Decided on: Feb-07-2014
ORDER SHEET T. No.40 of 2014 C.C.No.of 2014 A.C.O.No.159 of 2013 A.P.O.No.278 of 2013 C.P.No.361 of 2010 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE BELTAS MERCHANTS PVT.LTD.Versus INDIAN FIBERS LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 7th February, 2014 Mr.S.N. Mitra, Sr.Adv.with Mr.D.N. Sharma, Adv.Mr.S.Sarkar, Adv..for the petitioner Mr.Abhrajit Mitra, Adv.For the respondent no.1 Mr.Ahin Chowdhury, Sr.Adv.with Mr.Pratap Chatterjee, Sr.Adv.Mr.Prasanta Naskar, Adv.Ms.Swapna Chowbey, Adv.Mr.Amitesh Banerjee, Adv..for the respondent no.7 The order dated 6th February, 2014, obtained ex parte, in a contempt application (T No.40 of 2014) connected with the Company Law Board Appeal (ACO No.159 of 2013; APO No.278 of 2013) was mentioned today morning by Mr.Ahin Chowdhury, learned Senior Advocate, on behalf of the alleged contemnor no.7, Sears Bilt (P) LTD.He wanted immediate vacation of the order passed, making serious allegations against the pe...
Hoogly Mills Co Ltd Vs. S.P.Traders
Court: Kolkata
Decided on: Feb-07-2014
1 ORDER SHEET APD No.348 of 2013 CS No.317 of 1998 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HOOGLY MILLS CO LTD Versus S.P.TRADERS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th February, 2014. Appearance: Ms.Ahana Sikdar with Mr.Meghajit Mukherjee Ld. Advocates for the appellant. Mr.Dhrubo Ghosh, Mr.R.L. Mitra and Ms.P.Dhar, ld. Advocates for the respondent. The Court :- In couRs.of hearing we have come to know, on identical facts the respondent filed two suits for a principal claim of approximately Rs.47 lac and odd that is due since 1997. The respondent had to file two suits as in the transaction the appellant is involved is one transaction whereas the other one would involve their sister concern namely, Hoogly Mills Project Limited. The other suit is also being heard by the learned Single Judge whereas the present appeal would relate to a decree suffered by the appellant. We are told, the respondent has agreed to ...
Vs. Anil Kumar Poddar and anr.Defenda
Court: Kolkata
Decided on: Feb-07-2014
ORDER SHEET GA No.205 of 2013 With CS No.67 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PHILIPS CARBON BLACK LTD.& ORS.Plaintiffs Versus ANIL KUMAR PODDAR & ANR. Defendants BEFORE: The Hon'ble JUSTICE TAPAN KUMAR DUTT Date : 7th February, 2014. For Plaintiff Nos.1, 2,3,5 to 10. : Mr.Soumya Sadhan Bose, Advocate Mr.Kuldip Mullik, Advocate Mr.Cedric Fewrnandez, Advocate For Additional Plaintiff: Mr.Arindam Mondal, Advocate Nos.11,15,26,27,30,31, 37 to 41,44 to 47. For Plaintiff Nos.12,13, 23,24 and 25. : Mr.M.S. Tiwari, Advocate For Defendant No.1 : Mr.Maianak Bose, Advocate Mr.S.N. Paandey, Advocate : Mr.M.S. Tiwari, Advocate For Defendant No.3 The Court : The present application has been filed by the defendant No.1 praying for extension of time to file written statement. Learned Advocate appearing on behalf of Plaintiff Nos.1,2,3 and 5 to 10 and also the learned Advocate for the added plaintiffs Nos.11,15,26,27,30,31, 37 to 41 and 44 to 47 o...
G.S. Fertilisers Private Ltd. Vs. the Associated Cement Companies Ltd.
Court: Kolkata
Decided on: Feb-07-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S. No.311 of 1998 G.S. Fertilisers Private Ltd. -VersusThe Associated Cement Companies Ltd. For the Plaintiff : Mr. Ajoy Krishna Chatterjee, Sr. Advocate Mr. Murali Mohan Roy, Advocate For the Defendant : Mr. Dhrubo Ghosh, Advocate Mr. Aniruddha Mitra, Advocate Mr. Ashok Bose, Advocate Mr. Ajoy Gaggar, Advocate Heard on : January 31, 2014 Judgment on : February 07, 2014 DEBANGSU BASAK, J.The plaintiff wanted to set up a plant at Orgram in Burdwan, West Bengal. Plaintiff required large quantities of cement for the construction of the plant. The defendant was a manufacturer of cement. The plaintiff negotiated with the defendant for supply of cement. Negotiations were done verbally. By a letter dated October 24, 1997 the defendant offered to supply 1,500 metric tonnes of cement of a particular quality at the rate of Rs. 1,900/- per metric tonne together with West Be...
Hindusthan Consultancy and Services Ltd. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Feb-07-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.489 of 2000 Hindusthan Consultancy & Services LTD.versus State of West Bengal & Anr. For the Plaintiff : Mr.Ajoy Krishna Chatterjee, Sr.Advocate Mr.Tapas Banerjee, Advocate Mr.Rajarshi Dutta, Advocate Mr.A.P.Agarwalla, Advocate For the Defendant : Mr.Parthosarathi Bose, Sr.Advocate MRS.Chandrika Joshi, Advocate Heard on : January 24, 2014 Judgment on : February 07, 2014 DEBANGSU BASAK, J. On November 9, 1949 the State of West Bengal, the Defendant No.1 herein, requisitioned 1,000 square feet on the north western portion of the ground floor of Premises No.P-13, Mission Row Extension, Calcutta presently known as 27, R.N.Mukherjee Road, Kolkata. The Defendant No.1 took possession of the requisitioned portion of the premises and put the Defendant No.2 in possession thereof. The then owner of the premises entered into an agreement dated June 23, 1952 with the Def...
Prasad Chandra Paul Vs. Sinha Multilevel Marketing Pvt. Ltd.
Court: Kolkata
Decided on: Feb-07-2014
ORDER SHEET G.A.No.357 of 2014 APOT No.63 of 2014 AP No.46 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRASAD CHANDRA PAUL Versus SINHA MULTILEVEL MARKETING PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE And The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th February, 2014. Appearance : Mr.Dipak Basu, Sr.Adv.Mr.Ataur Rahaman, Adv.Javed Majid, Adv.for the appellant. Mr.Arindam Mukherjee, Adv.Mr.S.Maitra, Adv.Mr.Gaurav Purkayastha, Adv.for the respondents The Court: This appeal would relate to an order permitting the respondent to put up Notice Board on a property belonging to the appellant in conspicuous places so that the people intending to enter into any transaction with regard to the said property would be cautious. Mr.Dipak Basu, learned senior counsel appearing for the appellant would contend, at best the respondent would have a money claim for which the parties are proceeding before the Arbitral Tribunal. The Arbitration is at th...
Madhabpur Samabay Krishi Unnayan Samity Vs. Majed Ali Sk. and ors.
Court: Kolkata
Decided on: Feb-07-2014
GA No.3665 of 2010 GA No.3666 of 2010 APOT No.618 of 2010 WP No.1052 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MADHABPUR SAMABAY KRISHI UNNAYAN SAMITY Versus MAJED ALI SK. & ORS.BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 7th February, 2014. For Appellant : For Respondents: The Court : None appears to press this application. Records are also incomplete. It appears that the appeal has already been decided. The application has become infructuous and the same is accordingly dismissed. (JOYMALYA BAGCHI, J.) SN. AR(CR) (ARUN MISHRA, CJ.) ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction ORIGINAL SIDE DONALD & MACARTHY PTE LTD.Plaintiff/Petitioner/Applicant Versus UNION OF INDIA Defendant/Respondent BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 7th February, 2014. For Plaintiff/Petitioner : For De...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-07-2014
ORDER SHEET CP No.431 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : MODERN ANIMAL FEEDS PVT.LTD.AND INDIAN TRADING BUREAU PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 7th February, 2014. Ms.Manju Bheteria, Ms.S.Shah for petitioning creditor. The Court : This application has been filed under Sections 433 and 434 of the Companies Act, 1956 on account of price of goods sold and delivered. The case of the petitioning creditor is that supplies have been effected on the company and part payment of the sums have been paid. A cheque of Rs.2 lakhs given was dishonoured for non-payment. No dispute has also been raised in respect of the bills raised and the goods supplied. Statutory notice was also given to which no reply has been given. Therefore, the winding up petition be admitted for the sum of Rs.20,25,820/-. None appears on behalf of the company in spite of service. Having considered the facts of the case undoubtedly there was a notice issued under Se...
Birla Corporation Limited Vs. Commissioner of Income Taxii, Kolkata
Court: Kolkata
Decided on: Feb-07-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.282 of 2009 With WP No.412 of 2010 BIRLA CORPORATION LIMITED Versus COMMISSIONER OF INCOME TAX-II, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 7th February, 2014. For Appellant : Mr.Mr.Mr.Mr.R.J.A.C.N.Bajoria, Senior Advocate with P. Khaitan, Senior Advocate, Sengupta, Mr.Sourabh Bagaria and S. Das, Advocates For Respondent : Mr.D.K. Shome, Senior Advocate with Mr.Ranjan Sinha, Advocate For Respondent : [WP No.412/2010].Mr.P.K. Bhowmick, Advocate The Court : The appeal was admitted on 27th November, 2009 and the following questions of law were formulated: i) Whether the Tribunal was justified in law in holding that the provisions of sub-sections (2) and (3) inserted in Section 14A of the Income Tax Act, 1961 with effect from April 1, 2007 and rule 8D inserted in the Income Tax Rules, 1962 on March 24, 2008 were procedural and retrosp...
Sunil Ghosh and Others Vs. Commissioner of Customs (Prev.), West Benga ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Feb-07-2014
1. Heard both sides and perused the records. 2. The above-mentioned Stay Applications are filed seeking waiver of predeposit of penalty shown against each of the Applicants in the Table mentioned below:- Applicant Nos. Name of Applicants Status Penalties imposed(Rs.) 1-2) Sh.Sunil Ghosh Owner of Goods 10,00,000/- 3-4) Sh.Sanjoy Goyel Associate of Sh.Sunil Ghosh 10,00,000/- 5-6) Sh.Satya Sarkar Claimant of 14.44 MT of Goods 10,00,000/- 7-8) Sh.Bijay Kumar Gupta Owner of Vehicle 50,000/- 9-10) Smt.Seema Agarwal Owner of Vehicle 50,000/- 11-12) Sh.Uday Singh Owner of Vehicle 50,000/- 13-14) Sh. Shankar Saha Owner of Vehicle 50,000/- 15-16) Smt.Renuka Hamal Owner of Vehicle 50,000/- 17-18) Sh. Sajal Saha Driver of Vehicle 20,000/- 19-20) Sh.Swapan Dey Owner of Vehicle 50,000/- 21-22) Sh.Bhola Ghosh Owner of Vehicle 50,000/- 23-24) Sh.Sukumar Dutta Owner of Vehicle 50,000/- 2.1.The Applicants, namely, S/Shri Sunil Ghosh, Sanjoy Goyel, Satya Sarkar have been penalized for their active invol...
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