Kolkata Court April 2014 Judgments
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Madanlall Agarwal and ors. Vs. Puranmull Agarwal and ors
Court: Kolkata
Decided on: Apr-09-2014
1 ORDER SHEET GA No.1095 of 2014 APOT No.163 of 2014 CS No.154 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MADANLALL AGARWAL & ORS.Versus PURANMULL AGARWAL AND ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th April, 2014. Appearance: Ms.Manju Agarwal, Mr.B.Manot, ld. Advocates For the appellant. Mr.Pramit Ray, Mr.Arik Banerjee and Mr.Rajib Mallick, ld. Advocates for respondent Nos.1, 2, 10, 17 and 18, Mr.N.Balodia, Ms.S.Roy, Mr.D.K. Majumder, ld. Advocates for defendant Nos.3, 4, 5, 19, 20, 21,23,24, 25 and 26. Mr.Utpal Bose and Mr.P.K. Bagaria Ld. Advocates for respondent Nos.6 and 9. The Court :- The learned Single Judge, upon hearing the parties initially felt, parties should settle their dispute and accordingly, appointed a very senior member of the Bar as conciliator. We are told, all parties have given their consent to his appointment and they are already participating in the conciliation proceeding. The ...
………… Petitioner/Plaintiff Vs. Union of India
Court: Kolkata
Decided on: Apr-09-2014
G.A.No.1445 of 2012 C.S.No.37 of 2009 IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction Original Side EIC HOLDINGS LIMITED Petitioner/Plaintiff versus UNION OF INDIA Respondent/Defendant For Petitioner : Mr.Abhrajit Mitra, Advocate Ms.Ahana Sikdar, Advocate Mr.Amit Nag, Advocate Mr.Saumavo Mukherjee, Advocate For Defendant : Ms.Soma Chatterjee, Advocate Heard on : 06.03.2014 & 13.03.2014 Judgment on : 9th April, 2014 I.P.MUKERJI, J. On 14th September, 2009 the suit was decreed, undefended. The defendant, the Union of India did not contest the suit by filing a written statement. They did not even enter an appearance. However, at the time of trial of the suit, the Honble Judge gave liberty to their learned counsel to cross-examine the plaintiffs witness. On the same day the suit was decreed by directing eviction of the defendant. A learned advocate was appointed as Commissioner to determine mesne profits from 10th April, 2008 till the date of the filing of the suit and further ...
Asha Stimex Ltd and anr Vs. Kotak Mahindra Prime Ltd
Court: Kolkata
Decided on: Apr-09-2014
GA No.1090 of 2014 APO No.68 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ASHA STIMEX LTD AND ANR Versus KOTAK MAHINDRA PRIME LTD BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th April, 2014. Appearance: Mr.Ehtesham Islam, Adv.Mr.D.Banerjee, Adv.The Court : The appeal and the application are completely without basis and are not maintainable. Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, permits an appeal from an order of the arbitral tribunal granting or refusing to grant an interim measure under Section 17 of the Act. The order under appeal in APO No.68 of 2014 is not an order passed by the tribunal granting or refusing to grant any interim measure. The order sought to be assailed is an order refusing to discharge the custodian appointed by an earlier order. Though the earlier order may have been appellable, it does not appear that the subsequent one is. An appeal being a creature of statute, the right has to be specifically ...
Commissioner of Income Tax, Central –ii, Kolkata Vs. M/S. R E I Agro ...
Court: Kolkata
Decided on: Apr-09-2014
GA No.3581 of 2013 I.T.A.T.No.220 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, CENTRAL II, KOLKATA VERSUS M/S.R E I AGRO LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA AND The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 9th April, 2014. For the appellant : Mr.P.K.Bhowmick,Advocate For respondent : Mr.J.P.Khaitan,Sr.Advocate Mr.P.Jhunjhunwalla,Advocate Mr.C.S.Das,Advocate The Court : - The Assessing Officer disallowed expenditure for a sum of Rs.4,03,86,996/- under Section 14A of the Income Tax Act without fiRs.recording that he was not satisfied with the correctness of the claim of the assessee in respect of the expenditure in relation to income which is exempt from the liability to pay tax under the Income Tax Act. The CIT appeal reduced the amount of disallowance to a sum of Rs.26,09,386/-. Aggrieved by the order of the CIT appeal, the Revenue approached the Appellate Tribunal which by its judgment and order dated ...
Seri Equipment Finance Ltd. Vs. Sree Metalliks and anr
Court: Kolkata
Decided on: Apr-09-2014
AP No.1347 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SERI EQUIPMENT FINANCE LTD.Versus SREE METALLIKS & ANR BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th April, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondents are not represented despite previous service and despite being aware of the orders passed on this petition under Section 9 of the Arbitration and Conciliation Act, 1996. The petitioner says that the previous order of March 10, 2014 carries a mistake in its second paragraph. The agreement covers 163 assets and the receiver has been able to make an inventory of 80 of them. Since the respondents show no interest in the matter and a sum of Rs.6.50 crore is due only on account of defaulted instalments, the receiver is directed to take possession of the assets covered by the agreement, keep them at a place to be provided by the petitioner upon ensuring that the petitioner does not use the same in any manner without...
Srila Mitra and Another Vs. Prasanta Kumar Mitra and ors
Court: Kolkata
Decided on: Apr-09-2014
1 ORDER SHEET ACO No.55 of 2014 APOT No.129 of 2014 CP No.611 of 1988 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SRILA MITRA AND ANOTHER Versus PRASANTA KUMAR MITRA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th April, 2014. Appearance: Mr.Jay Saha with Mr.Subhajit Saha Ld. Advocates for the appellant. Mr.P.C.Sen, Sr.Advocate with Mr.Raj Ratna Sen And Ms.Moushmi Bhattacharjee, ld. Advocates For the respondent no.3. Mr.S.N. Mookherjee, Sr.Advocate with Mr.Soumitra Dutta, Advocate for respondent no.7 Mr.D.N. Sharma with MRS.Roopa Mitra, Ld. Advocate for respondent no.6. Mr.Jaydeep Kar with Mr.S.Bandopadhyay Ld. Advocates for respondent Nos.16 and 17. The Court :- We have heard the parties at length yesterday. Today the matter is fixed for passing orders as the parties wanted to take further instruction in the matter. Today, when the matter is called on Mr.S.N. Mookherje, learned senior Counsel appearing for Prabhat ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-09-2014
ORDER SHEET CA NO.240 OF2014IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : KARAM CHAND THAPAR AND BROS.(COAL SALES) LTD.AND INDICo.ENTERPRISES LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 9th April, 2014. Mr.Ratnanko Banerjee,advocate for the petitioner The Court : A meeting of the Ordinary Shareholders of Karam Chand Thapar & Bros.(Coal Sales) Limited, being the Applicant Company No.1 abovenamed (hereinafter referred to as KCT) for the purpose of considering, and, if thought fit, approving, with or without modification, the proposed Scheme of Arrangement between KCT and IndiCo.Enterprises Limited, being the Applicant Company No.2 abovenamed ( hereinafter referred to as IEL) and their respective shareholders shall be convened and held at Thapar House, 25, Brabourne Road, Kolkata 700 001 on Tuesday, the 13th day of May, 2014 at 1:30 p.m.Dispensation is granted for convening meting of Equity Shareholders of IEL as all Equity Shareholders of IEL ha...
Madhabendra Basu Mallick (Decd) Vs. Rupen Basu Mallick
Court: Kolkata
Decided on: Apr-09-2014
GA No.2023 of 2013 with TS No.12 of 2009 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION In the goods of: Madhabendra Basu Mallick (Decd) Versus Rupen Basu Mallick Versus Prabir Basu Mallick Before: The Hon'ble Justice I.P.MUKERJ.Date: 9th April 2014 Appearance: Mr.Hirak Kr. Mitra, Sr.Advocate for the petitioner Mr.Siddhartha Mitra, Advocate for the respondent The Court: Disputes have arisen with regard to the implementation of the Will of Madhabendra Basu Mallick. His last Will and testament is of 31st March 2001. He died sometime in 2003. He appointed his younger son Rupen Basu Mullick as the executor. The probate of his Will was granted by this Honble Court in 2010. He had two sons and a daughter. He gave detailed reasons in his Will for disinheriting his elder son Probir Basu Mallick. Legacies were given to his younger son Rupen Basu Mallick and his daughter Smt. Aparna Sanyal. By the said Will inter alia he divided the property at 14A, Radhanath Mallick Lane, Ko...
Commissioner of Income Tax, Kolkatai Vs. M/S. Fairland Development Pvt ...
Court: Kolkata
Decided on: Apr-09-2014
ORDER SHEET ITAT No.224 of 2013 G.A.No.3816 of 2013 G.A.No.3817 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-I Versus M/S.FAIRLAND DEVELOPMENT PVT LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 9th April, 2014. Ms M. Bhargava, Advocate for the Appellant Mr.R.Bharadwaj, Advocate for the Respondent The Court : Considering the grounds stated in the application for condonation of delay, the same is allowed and disposed of. The revenue has come up in appeal challenging the order dated 18th June, 2013 passed by the Appellate Tribunal by which the appeal preferred by the revenue against the order of CIT (Appeal) was dismissed and the cross objection filed by the assessee was allowed. From the order of the CIT, it appears that he had deleted the addition made by the Assessing Officer on the ground that the expenditure incurred by the assessee in purchasing land was not ...
Smt. Arati Addy and ors. Vs. Namita Das and ors.
Court: Kolkata
Decided on: Apr-09-2014
GA No.892 of 2013 with EOS No.32 of 1987 GA No.1294 of 2013 GA No.494 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Smt. Arati Addy & ORS.Versus Namita Das & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 9th April 2014 Appearance: Mr.Amal Baran Chatterjee, Advocate Mr.Rafiqul Islam, Advocate Mr.Shamba Chakraborty, Advocate Mr.S.Roy, Advocate for petitioner in GA No.892 of 2013 & GA No.1294 of 2013 Ms.Anyapurba Banerjee, Advocate for defendant No.12 Mr.Tapas Kr. Banerjee, Advocate Mr.Triptimoy Talukder, Advocate for one of the intending purchasers Mr.Dipak Kr. Mookherji, Advocate for one of the intending purchasers The Court: Leave is given to Mr.Chatterjee to file a supplementary affidavit in this Court. Copies thereof are to be circulated to all appearing parties, if not already circulated. The Receiver will conduct an auction to ascertain the best available price for two parcels of land of 37 bighas and 18 bighas at Mouza Natagachhi and MouzaAkna Mirza...
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