Kolkata Court February 2014 Judgments
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Kalimata Infratech (P) Ltd Vs. Maheshwari Devi and ors
Court: Kolkata
Decided on: Feb-27-2014
1 ORDER SHEET APO No.3 of 2014 CS No.371 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KALIMATA INFRATECH (P) LTD Versus MAHESHWARI DEVI & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th February, 2014. Appearance: Mr.Jishnu Saha, Mr.Joy Saha, Mr.Abhisek Seal and Mr.Subhojit Saha, Learned Advocate for the appellant. Mr.Ranjan Bachawat, Mr.Amitesh Banerjee Mr.K.Thakkar, Mr.Aniruddya Poddar, Mr.Anurag Bagaria and Mr.K.Mondal Ld. Advocates for the respondent. Mr.Sakya Sen with Mr.AZ Mondal, Ld. Advocates for the intervenORS.Mr.Jugal Chandra Poral, Mr.D.Mondal And Ms.Piyali Sengupta, ld. Advocates For KMC. Mr.Swapan Banerjee and Mr.Debajyoti Basu And Mr.Kunal Ganguli, Advocate for Respondent no.1. The Court:- Princely Estate of Purulia belonged to Singhdeo family, which had a property at Loudon Street, Kolkata, which is quite valuable. The property, admittedly, belonged to one Charubala Devi. After the death of Cha...
Jogendra Kristo Dutt Vs. Nripendra Kristo Dutt and ors.
Court: Kolkata
Decided on: Feb-27-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.592 of 1975 G.A.No.1517 of 2013 G.A.No.2315 of 2012 Jogendra Kristo Dutt -VersusNripendra Kristo Dutt & ORS.For the Plaintiff : Mr.Sandip Mukherjee, Advocate Mr.Malay Seal, Advocate For the Defendants : Mr.S.N.Mitra, Sr.Advocate Mr.Sakhya Sen, Advocate Mr.A.Pramanick, Advocate For the Defendant Nos.3(a).3(b).3(c) : Mr.Mr.Mr.Mr.Malay Ghosh, Advocate Ahin Chowdhury, Sr.Advocate Dhruba Ghosh, Advocate Dipendra Nath Chunder, Advocate Heard on : February 06, 2014 & February 24, 2014 Judgment on : February 27, 2014 DEBANGSU BASAK, J. Harendra Kristo Dutt was survived by his five sons and his widow. He was the owner of the several immovable properties in the city of Kolkata and other places. He made and published his last Will and Testament on March 20, 1940. He died on May 22, 1950. By his Will late Harendra Kristo Dutt appointed his widow Kanchan Kumari Dassi and...
Original Sider K Impex (P) Ltd. and anr. Vs. Asst. Comm. of Customs.
Court: Kolkata
Decided on: Feb-27-2014
ORDER SHEET GA No.1580 of 2006 With WP No.1905 of 1996 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDER K IMPEX (P) LTD.& ANR. Versus ASST. COMM. OF CUSTOMs.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 27th February, 2014. Appearance: Mr.K.Thakkar, Adv.Mr.A.Podder, Adv.Mr.S.B.Saraf, Adv.The Court : This is an application for restoration of the writ petition which was directed to be dismissed by order dated 3rd September, 2002. There has been much delay in the matter of taking out the application for restoration of the writ petition. Mr.Thakkar on behalf of the petitioners submits that an interim order was obtained by the petitioners upon furnishing a bank guarantee before the customs authorities. The bank guarantee was not invoked by the customs authorities and ultimately the same lapsed and has not been renewed. Mr.Thakkar submits that the reasons which prevented the writ petitioner from being represented in Court have been cited by the petitioners in ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-27-2014
ORDER SHEET CP No.172 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: SREE METALIKS LTD.AND IVR CRANES BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th February, 2014. Mr.D.N. Sharma, Mr.Sunil Singhania for petitioning creditor. Ms.Manju Bhuteria, Mr.S.Banerjee, Ms.S.Purkayastha for the company. The Court : A notice under Section 434 of the Companies Act, 1956 was issued by the petitioning creditor to the company on 8th October, 2012 and the same was received by the company. In spite of receipt no reply has been given by the company to the statutory notice. Therefore, it raises a statutory presumption of the inability of the company to pay its debts which presumption remains unrebutted. In the affidavit-in-reply filed by the petitioning creditor a ledger account of the company has been disclosed wherefrom it appears that a sum of Rs.45,23,288/- has been admitted by the company. Accordingly, the Company Petition be admitted for the sum of Rs.45,23,288/-. Al...
L and T Finance Limited Vs. Sarada Pleasure and Adventure Ltd. and anr ...
Court: Kolkata
Decided on: Feb-27-2014
AP No.1127 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus SARADA PLEASURE & ADVENTURE LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 27th February, 2014. Appearance: Mr.A.Mitra, Adv.The Court : The respondents are not represented despite having been represented on February 13, 2014. At the time of the institution of the petition, the petitioner claimed a sum in excess of Rs.6 lakh to be due only on account of defaulted instalments. The petitioner claims that further instalments have fallen due, if the letter of termination is disregarded. Since the respondents were permitted a fortnights time to make payment of a sum of Rs.65 lakh and such payment has not been made, the receiver appointed in the matter is permitted to engage an agent for the purpose of ascertaining the whereabouts of the asset covered by the agreement, whereupon the receiver will take possession thereof, keep it at a place to be provi...
Bharat Chemicals and Paints Pvt. Ltd. Vs. Lafarge Aggregates and Concr ...
Court: Kolkata
Decided on: Feb-27-2014
ORDER SHEET CP No.564 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE BHARAT CHEMICALS & PAINTS PVT.LTD.Versus LAFARGE AGGREGATES & CONCRETE INDIA PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th February, 2014. Mr.Nirmalya Dasgupta, Mr.Ratnesh Rai, Mr.Anunoy Basu, Adversus for the petitioner Mr.Nilay Sengupta, Adv.for the company The Court : This application under Sections 433 and 434 of the Companies Act, 1956 has been filed for a claim which arises in respect of price of goods sold and delivered by the petitioning creditor to the partnership firm, assets and liabilities of which was taken over on 28th May, 2010. The case of the petitioning creditor is that supplies were made to the partnership firm pursuant to an agreement. Portal of Registrar of Companies shows that the company was incorporated on 28th May, 2010 only for purposes of taking over the assets and liabilities of the partnership firm. As all assets and liabilities have been taken over an...
Babu Nag Vs. Calcutta State Transport Corporation and ors.
Court: Kolkata
Decided on: Feb-27-2014
WP No.1153 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BABU NAG Versus CALCUTTA STATE TRANSPORT CORPORATION & ORS.Appearance Mr.Aloke Kr. Ghosh, Adv.Mr.Sanat Chowdhury, Adv.Petitioner Mr.Niladri Bhattacharya, Adv.CSTC Mr.S.Bandyopadhyay, Adv.State BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 27th February, 2014. The Court : Though the petition is of wider import, the short ground canvassed by the petitioner is that the punishment given in couRs.of the disciplinary proceedings to the petitioner cannot govern his right to future increments. Upon disciplinary proceedings being initiated against the petitioner, he was ordered to be removed from service. Such order was set aside by this Court on August 10, 2005 on the ground that it was shockingly disproportionate to the charges levelled against the petitioner. On the matter being sent back to the Chairman of the respondent Corporation to award punishment commensurate with the conduct complaine...
Commissioner of Income Tax, Iii, Kolkata Vs. M/S. Balaji Forest Produc ...
Court: Kolkata
Decided on: Feb-27-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.268 of 2012 GA No.3168 of 2012 COMMISSIONER OF INCOME TAX, III, KOLKATA Versus M/S.BALAJ.FOREST PRODUCTS PVT.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 27th February, 2014. For Appellant : For Respondent : Mr.S.N. Dutta, Advocate Mr.R.N. Dutt, Advocate with Ms.Sutapa Roy Chowdhury, Advocate The Court : The appeal is directed against an order dated 20th April, 2012 by which the learned Tribunal dismissed the appeal preferred by the Revenue. The question for consideration was whether deletion of a sum of Rs.1,73,77,510/- made under Section 2(22)(e) of the Income Tax Act was justified. The facts and circumstances of this case briefly stated are as follows: The assessee had transferred a sum of Rs.8.50 crores to a loan account allegedly obtained from M/S.M.K.Patel Exim PVT.LTD.The assessing officer was of the opinion that the aforesaid loan ...
Dr. Binod Khetrry and ors. Vs. R.K.P. Udyog Limited and ors.
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA5202014 APOT822014 AP581997 DR. BINOD KHETRRY & ORS.Versus R.K.P.UDYOG LIMITED & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 26th February, 2014. Mr.M.S.Tiwari, Adv., Mr.S.K.Tiwari, Adv., for the appellant. Mr.Ashish Chakraborty, Adv., Ms.Sunanda Mukherjee, Adv., for the respondent. The Court : A multi-storied old building situated at the crossing of Vivekananda Road and Central Avenue was sold in a public auction held in Court wherein the present plaintiff purchased the property. The premises was fully tenanted. The purchaser filed eviction suit against 53 tenants, in 1992. We are concerned with defendant no.33, Taraknath Khetrry, who was using the same for commercial purpose. Mr.Tiwari would submit, it was 100 sq. ft. However, Mr.Chakraborty would dispute the same. Since the suit was filed in 1992, Taraknath was depositing rent with the rent contr...
Scott and Saxby Limited Shramik Union and anr. Vs. Union of India and ...
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET CA No.362 CP No.351 IN THE HIGH Original of 2012 of 2006 COURT AT CALCUTTA Jurisdiction IN THE MATTER OF: SCOTT & SAXBY LIMITED SHRAMIK UNION & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 26th February, 2014. Mr.Reetobroto Mitra for the applicants. Mr.Bhaskar Prasad Banerjee for Union of India Ms.Ruma Sikdar for Official Liquidator. The Court : This application has been filed by the workers who are 67 in number for payment of their dues. The case of the applicants is that they worked with Scott and Saxby Limited, a company which was by order dated 4th December, 2008 directed to be wound up. Subsequent thereto an application was filed by a contributory and the order of winding up was stayed upon payment of Rs.1,53,000/- to the petitioning creditor. Subsequently the contributory was not desirous of pressing his application and therefore, the winding up order revived and the earlier order staying the winding up proceedings stood vacated. The wo...
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