Kolkata Court March 2014 Judgments
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Sri Arup Basu Chowdhury Vs. Uco Bank and ors.
Court: Kolkata
Decided on: Mar-10-2014
WP No.172 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.ARUP BASU CHOWDHURY Versus UCO BANK & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th March, 2014. Appearance: Mr.Kalyan Bandyopadhyay, Sr.Adv.Mr.Sirsanya Bandyopadhyay, Adv.Petitioner Mr.Soumya Majumdar, Adv.Mr.Soumen Das, Adv.Mr.S.Roy, Adv.UCO Bank The Court : The matter was adjourned on March 7, 2014 to afford the respondent bank an opportunity to indicate whether the documents relied upon by the management before the inquiring officer had been made over to the petitioner herein in accordance with Rule 10 of the Uco Bank Officer Employees (Discipline and Appeal) Regulations, 1976/1982. It is submitted on behalf of the bank that the matter should be decided on the basis of the minutes of the proceedings held before the inquiring officer. Rule 10 of the relevant rules obliges the inquiring authority to permit the officer complained against to complete the inspection of the doc...
Central Inland Water Transport Corp. Ltd . Vs. Nirmal Sodhani
Court: Kolkata
Decided on: Mar-10-2014
1 ORDER SHEET A.P.No.1178 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CENTRAL INLAND WATER TRANSPORT CORP. LTD . Versus NIRMAL SODHANI BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th March, 2014. Appearance : Mr.Kishor Dutta, Adv.Mr.A.K. Jana, Adv. for the petitioner Mr J. Ganguly, Adv. for the respondent. The Court : No affidavit-in-opposition has been filed within the time permitted and as such the respondent has not been permitted to use an affidavit. The petitioner challenges an award of August 14, 2013 on two principal grounds: first, that the award was passed more than six months after the hearing in the arbitral reference had been concluded; and, that the arbitrator travelled beyond the agreement to assess the claim of the respondent herein and arrived at a figure without the contract providing any basis therefor. The disputes pertain to the respondent herein being appointed as the handling contractor by the petitioner for sup...
Vs. M/S. National Small Industries Corporation Ltd.
Court: Kolkata
Decided on: Mar-10-2014
ORDER SHEET A.P.No.1267 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.PUNJAB STATE ELECTRICTIY BOARD, NOW PUNJAB STATE TRANSM. Versus M/S.NATIONAL SMALL INDUSTRIES CORPORATION LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th March, 2014. Appearance : Mr.Debabrata Roy, Adv. for the petitioner Ms.S.Rahaman, Adv. for the respondent The Court : An arbitral award passed by the West Bengal Micro Small Enterprises Facilitation Council on May 19, 2011 has been assailed on the grounds that the procedure followed by the council was in derogation of the procedure envisaged by Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 and that the award does not disclose any reasons. It is not necessary to assess whether there has been any infraction of Section 18 of the said Act of 2006 since it is evident from the award that not a sentence or a line has been expended therein in support of amount awarded in favour of the r...
Srei Equipment Finance Limited Vs. Ambay Coke Industries Private Limit ...
Court: Kolkata
Decided on: Mar-10-2014
AP No.1315 of 2013 AP No.1316 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus AMBAY COKE INDUSTRIES PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 10, 2014. Appearance: Mr.Satarup Banerjee, Adv.Mr.Siddhartha Banerjee, Adv.The Court : The receiver has made an inventory of eight of the ten assets covered by the two agreements. The receivers report indicates that the ninth asset is in Meghalaya and the other asset may have been given possession of by the respondent to a third party. The petitioner claims that a sum of about Rs.2.78 crore is due on account of defaulted instalments in these two matteRs.The respondent is unable to indicate how the defaulted amount would be made good. Since there is no offer by the respondent to make any payment and the respondent cites its temporary financial crisis, the receiver is directed to take possession of the eight assets that have been inventoris...
Manglesh Jalan Vs. Mukesh Jalan and ors.
Court: Kolkata
Decided on: Mar-10-2014
ORDER SHEET GA NO.3530 OF2011WITH CS No.297 OF2011IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MANGLESH JALAN Versus MUKESH JALAN & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th March, 2014. Mr.J.Saha, Mr.R.Ghosh, Mr.A.Mukherjee, Ms.S.Mukherjeeappear. Mr.S.Sen, Ms.S.Chakrabortyappear. The Court : Mr.Jishnu Saha, learned advocate shows me a balance-sheet of the deceased Mahabir Prasad Jalan, dated 31st March, 2009, said to be accompanying his income tax return. It shows that he had significant assets of Rs.1,20,33,139.67. The size of the assets grew as at 31st March, 2010. The balance-sheet of that date, for income tax purposes showed assets as Rs.1,25,39,214.70. The Will of the deceased dated 31st September, 2008, appears to be limited to the interest of the testator in Subarnarekha Agricultural Estate. The executor named therein, Sidharth Dudhoria has made an application for grant of probate of this Will. Although he has shown the gross va...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-10-2014
ORDER SHEET GA No.2596 of 2013 PLA No.77 of 1994 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS MAYAMOYEE DEVI(DECEASED) And Re: SMT. BELA MUKHERJEE BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th March, 2014. Appearance: Mr.P.Mitra, Adv.Ms.Piyali Mitra, Adv.Mr.Sounak Ghosh, Adv.The Court :- Probate of the Will was granted long ago on 17th April, 1994. The executor and beneficiary was the elder son of the testatrix, Hemanta Kumar Mukherjee. The Will had another beneficiary being Susnata Mukherjee the younger son. Susnata died on 15th November, 1995. The probate of the Will was granted by this Court, without any contest. However, the executor allegedly did not succeed in completing administration of the estate by distributing the same to the beneficiaries. This allegation is made in an application for revocation of the grant (GA No.72 of 2011) filed by the widow of late Susnata Mukherjee. Hemanta Kumar Mukherjee died on 14th January, ...
Maheshwary Ispat Ltd Vs. Indrani Patnaik
Court: Kolkata
Decided on: Mar-10-2014
ORDER SHEET A.P.No.1022 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAHESHWARY ISPAT LTD Versus INDRANI PATNAIK BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th March, 2014. Appearance : Mr.Sarbapriya Mukherjee, Adv.Mr.Utpal Bose, Adv.Mr.Aniruddha Roy, Adv.The Court : The level of assistance received in this court has sunk to such a low that neither the petitioner nor the respondent has prepared a list of dates though a question of limitation has arisen both on the substantive claim and the right to take the disputes to an arbitral reference. Counsel for the petitioner has dictated the relevant dates for the servant judge to note the same for assessing the issue, since the judge remains obliged to decide the matter notwithstanding the quality or the extent of assistance received from the Bar. The respondent has, in couRs.of the hearing, accepted that the issue as to limitation regarding the substantive claim gives rise to disputes que...
Selvel Advertising Private Limited and anr. Vs. the Kolkata Municipal ...
Court: Kolkata
Decided on: Mar-10-2014
ORDER SHEET WP No.208 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SELVEL ADVERTISING PRIVATE LIMITED & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 10th March, 2014. Appearance: Mr.Saptangshu Basu, Adv.Mr.Joyjit Ganguly, Adv.Mr.Agniswar Chowdhury, Adv.Mr.Aloke Kr. Ghosh, Adv.Mr.Gopal Ch. Das, Adv.Ms.Piyali Sengupta, Adv.The Court : It was submitted by Mr.Basu, learned senior advocate for the petitioner that though representation was submitted before the Chief Manager (Revenue).Kolkata Municipal Corporation, the respondent no.9 pursuant to the order dated 20th January, 2014, in W.P.No.21 of 2014, however, the said respondent is yet to dispose of the same by passing a reasoned order though direction was issued to pass order within 28th February, 2014. Submission is till date Corporation has not made it clear whether there are dues or not with regard to display of advertisements. Since no due c...
Commissioner of Income Tax, Kolii Vs. M/S Trade Apartments Ltd
Court: Kolkata
Decided on: Mar-10-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.206 of 2013 GA No.3750 of 2013 COMMISSIONER OF INCOME TAX, KOL-II Versus M/S TRADE APARTMENTS LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 10th March, 2014. For Appellanet : For Respondent : Ms.A.Ghutghutia, Advocate Mr.J.P.Khaitan, Senior Advocate with Ms.A.Banerjee and Mr.A.K. Dey, Advocates The Court : The subject matter of challenge in this appeal is a judgment and order dated 21st June, 2013 passed by the learned Income Tax Appellate Tribunal dismissing the appeal preferred by the revenue. The revenue has come up in appeal before this Court. The facts and circumstances of the case would appear from the assessment order dated 24th November, 2006, which are as follows: The valuation report of Bose & Chakraborty, Chartered Accountants dated 29.3.2004 for valuation of shares of Offshore India LTD.following the audited Annual Accounts for...
Duncans Industries Ltd. Vs. Alaknanda Hydro Power Co. Ltd. and ors.
Court: Kolkata
Decided on: Mar-07-2014
ORDER SHEET CS No.246 of 2011 With GA No.922 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DUNCANS INDUSTRIES LTD.Versus ALAKNANDA HYDRO POWER Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 7th March, 2014. Appearance: Mr.Samit Talukdar, Sr.Adv.Mr.Arif Ali, Adv.Ms.N.Datta Chowdhury, Adv.The Court : This is an application at the instance of the defendant no.3 for deletion of the name of defendant no.3 and for rejection of plaint as against the said defendant. Mr.Samit Talukdar, learned Senior Counsel appearing on behalf of the defendant no.3 submits that the agreement disclosed in this proceedings would show that the defendant no.3 is not obliged to make payment to the plaintiff. In view of the fact that the defendant no.3 has sold the shares to the defendant no.1 and liability, if any, is to be discharged by the other defendants and not by the defendant no.3. In the plaint it has been categorically stated that the plaintiff is not ...
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