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Kolkata Court March 2014 Judgments

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Mar 04 2014

Appellant Vs. Respondent

Court: Kolkata

Decided on: Mar-04-2014

G.A.657 of 2014 APOT105of 2014 A.P.No.172 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Sid CENTRAL INLAND WATER TRANSPORT CORPORATION LTD.Versus MACKSIN SHIPPING CO.PVT.LTD.Appellant Respondent BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 4th March, 2014. For the Appellant : Mr.Arindam Mukherjee with Mr.Ashok Kumar Jena, Advocates For the Respondent : Mr.Shiv Shankar Banerjee with Ms.Rituparna Mazumder, Advocates THE COURT : The appellant approached the learned single Court under section 9 of the Arbitration & Conciliation Act 1996, inter alia, praying for the following reliefs :- a)The respondents be directed to make all arrangement to secure loose the components and/or machineries engineer and at P.T.Trivandrum Government surveyor and to call for check and certify the repairs carried out by the respondent as also to certify that the vessel is secured and fit to be towed out of the yard of the respondent ; b) A direct...


Mar 04 2014

Biswajit Maji and anr Vs. Coal India Ltd. and ors

Court: Kolkata

Decided on: Mar-04-2014

ORDER SHEET W.P.No.1190 of 2013 G.A.No.330 of 2014 G.A.No.331 of 2014 G.A.No.332 of 2014 G.A.No.333 of 2014 G.A.No.334 of 2014 G.A.No.335 of 2014 G.A.No.336 of 2014 G.A.No.423 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BISWAJIT MAJ.& ANR Versus COAL INDIA LTD.& ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 4th March, 2014. Appearance : Mr.Partha Ghosh, Adv. for the petitioners Mr.R.N. Majumder, Adv.Ms.S.Barman Roy, Adv. for the E.C.L.Mr.A.Lahiri, Adv. for the added applicants. Md.Ashraf Ali, Adv. for the C.B.I.The Court : These are the applications at the instance of several candidates who participated in the selection process and have supported the cause of the petitioner in challenging the recruitment process on the ground of variation and/or alteration in the recruitment rules during the on going process of the selection. It is further alleged that irregularities and illegalities having been committed by the respondent authorities in ...


Mar 04 2014

Apeejay Shipping Limited and anr. Vs. Bharati Shipyard Limited and ors ...

Court: Kolkata

Decided on: Mar-04-2014

ORDER SHEET GA NO.306 OF2014WITH CS NO.31 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE APEEJAY SHIPPING LIMITED & ANR. Versus BHARATI SHIPYARD LIMITED & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 4th March, 2014. Mr.A.K. Mitra, senior advocate, Mr.A.Mitra, Mr.S.Mukherjee, Mr.S.Ghosh, Ms.S.Agarwal, Ms.A.Biswasappear. Mr.S.Sarkar, senior advocate, Ms.M.Bhattacharyyaappear. The Court : On the returnable date of the new motion, Mr.Anindya Kumar Mitra, learned senior counsel substantially buttressed the submission of Mr.Abhrajit Mitra, learned counsel for the petitioner at the ad interim stage. He added some valuable points on reply. Mr.Sudipto Sarkar, learned senior counsel appearing for the fiRs.five defendants made the following submissions : [a].An order of injunction restricting operation of the bank account was not warranted in the facts and circumstances of the case; [b].According to the averments in the plaint, the suit was not for t...


Mar 04 2014

Uco Bank Employees’ Association and anr. Vs. Uco Bank and anr.

Court: Kolkata

Decided on: Mar-04-2014

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen W.P.464 of 2013 UCO Bank Employees Association & Anr. Versus Uco Bank & Anr. For the petitioners : Mr.Soumya Majumdar, For the respondents : Mr.Sabyasachi Choudhury, Mr.Rajarshi Dutta, Mr.Sourjya Roy Heard on : 07.02.2014, 17.02.2014, 18.02.2014, 25.02.2014 Judgment on : 4th March, 2014 Soumen Sen, J.:- The Industrial Relation Policy for Workmen Staff in so far as it excludes the representation of all other recognized unions, save and except, the majority union during negotiation, is the subject matter of challenge in this writ petition. The petitioner No.1 is a registered trade union. The grievance of the petitioners appear to be that although, the petitioner No.1 is a registered majority trade union as on date on the basis of the check off system and would be entitled to be present during negotiation in terms of the present policy; however, the petitioners have challen...


Mar 04 2014

Nand Kishore Singla Vs. the Official Liquidator, High Court, Calcutta

Court: Kolkata

Decided on: Mar-04-2014

ORDER SHEET CA NO.257 OF2013CP NO.116 OF1996CA NO.314 OF2010IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : REMINGTON RAND OF INDIA LTD(IN LIQN.) AND NAND KISHORE SINGLA VS THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 4th March, 2014. MR.ANIRUDDHA MITRA, MR.D.N.SHARMA,MR.DEEPAK JAIN, ADVOCATES FOR APPLICANT MR.V.N.MISHRA, MR.K.MULLICK, ADVOCATE FOR THE APPLICANT IN CA NO.257 OF2013MS.RUMA SIKDAR,ADVOCATE FOR OFFICIAL LIQUIDATOR MR.B.MOHANTY,OFFICIAL LIQUIDATOR The Court : Remington Rand is a company which went into liquidation on 6th December, 1999. Therefore, it was the Official Liquidator who should have been in possession of the assets and properties of the company (in liquidation).One of the assets of the company (in liquidation) is a premises at Faridabad. Initially Prince Rubber was the owner and although an eviction suit was filed in 1984, the order of eviction passed in the said suit was set aside...


Mar 04 2014

Sushila Daga Vs. Daga Auto Service Pvt. Ltd. and ors.

Court: Kolkata

Decided on: Mar-04-2014

APO No.367 of 2013 ACO No.184 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SUSHILA DAGA -VersusDAGA AUTO SERVICE PVT.LTD.& ORS.Appearance: Mr.S.N.Mitra, Sr.Adv.Mr.Aniruddha Roy, Adv...for the petitioner. Ms.Manju Bhuteria, Adv.Mr.Kuldip Mullick, Adv...for the respondent Nos.2 & 4 Mr.Ratnanko Banerjee, Adv.Mr.Srijib Chakraborty, Adv...for the respondent Nos.9, 11 & 12 BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 4, 2014. The Court : A final order passed on a petition under Sections 397 and 398 of the Companies Act, 1956 has been challenged on the ground that the Company Law Board failed to take into account the basis on which the appellant would sell her shareholding in the company to those now in control thereof. Among otheRs.the primary legal ground urged is that notwithstanding the appellant having agreed to sell her stake in the company, the Company Law Board was obliged to decide whether the appellant was entitled to the value of her ...


Mar 04 2014

Commissioner of Income Tax, Burdwan Vs. M/S. Nirman Office at Bahir Sa ...

Court: Kolkata

Decided on: Mar-04-2014

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.188 of 2013 GA No.3285 of 2013 COMMISSIONER OF INCOME TAX, BURDWAN Versus M/S.NIRMAN OFFICE AT BAHIR SARBAMANGALA ROAD, BURDWAN BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 4th March, 2014. For appellant : For Respondent : Mr.P.K.Bhowmick, Advocate Mr.Abhrotosh Majumdar with Mr.Avro Mazumder, Advocates The Court : This appeal is directed against a judgment and order dated 21st May, 2013 by which the learned Tribunal allowed the appeal of the assesse. Aggrieved by the order, the revenue has come up in appeal. The question no.1, formulated by the revenue, reads as follows: 1. Whether on the facts and circumstances of the case and on a true and proper interpretation of the relevant provisions of Section 80IB of the Income Tax Act, 1961 the Learned Tribunal was justified in law that the assessee was entitled to deduction under Section 80IB when th...


Mar 04 2014

Commissioner of Income Tax, Kolkataxiii Vs. M/S. Elite Shoe Co.

Court: Kolkata

Decided on: Mar-04-2014

ORDER SHEET ITAT No.153 of 2013 G.A.No.2875 of 2013 G.A.No.2876 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-XIII Versus M/S.ELITE SHOE Co.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 4th March, 2014. Ms A.G.Gutgutia, Advocate for the Appellant Mr.Abhratosh Majumder, Adv.Mr.Soumitra Choudhury, Adv.Mr.Soumitra Mukherjee, Adv.Mr.Avra Majumder, Adv.and Mr.Debasis Ghosh, Adv.for the Respondent The Court : The prayer for condonation of delay is allowed. The application for condonation of delay is thus disposed of. The appeal is directed against a judgment and order dated 22nd May, 2012 by which the learned Appellate Tribunal has set aside the order dated 15th March, 2011 passed by the Commissioner of Income Tax in exercise of power under section 263 of the Income Tax Act, 1961 (hereinafter referred to as the said Act).After hearing the learned Advocates, it appears tha...


Mar 04 2014

Aamer Aftab Vs. the State of W.B.and ors

Court: Kolkata

Decided on: Mar-04-2014

ORDER SHEET W.P.No.929 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AAMER AFTAB Versus THE STATE OF W.B.& ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 4th March, 2014. For Petitioner : Mr.A.Haque,Advocate For KMC: Mr.Jugal Chandra Porel,Advocate Mr.D.Mondal,Advocate The Court : Affidavit of service filed in Court today be kept on record. The petitioner is directed to file supplementary affidavit of service annexing the envelope sent to the private respondent no.6 since returned with the note refused as well as the track record and/or printed information provided by the Department of Post with regard to the service of notice on the private respondent. In the writ petition, the petitioner has prayed for a direction upon the authorities of the Kolkata Municipal Corporation to take steps against the construction raised by the private respondent nos.6 & 7 allegedly without sanction. Submission is though representations dated 7th September, 2013...


Mar 04 2014

Commissioner of Income Tax, Kolkatai Vs. M/S. Neo Carbons Pvt Ltd

Court: Kolkata

Decided on: Mar-04-2014

ORDER SHEET ITAT No.191 of 2013 G.A.No.3286 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-I Versus M/S.NEO CARBONS PVT LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 4th March, 2014. Ms Sukla Das Chandra, Advocate for the Appellant Mr.R.Bharadwaj. Advocate for the Respondent The Court : The Revenue has proposed the following questions: I. Whether under the facts and circumstances of the case, the ITAT erred in dismissing the Revenues Appeal and by upholding the order of the Learned CIT (A) in relation to the deletion of addition of Rs.1,00,00,000/- out of addition of Rs.1,58,99,600/- made under section 40(a)(ia) of the Income Tax Act, 1961. II. Whether the Hon'ble Tribunal erred in law by upholding the order of CIT (A) in relation to the deletion of addition of Rs.3,62,96,390/- on account of difference in value of stock. That there is no variation in the quantity...


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