Kolkata Court April 2014 Judgments
Commissioner of Income Tax, Koliv, Kol. Vs. M/S. Peerless Hospitex Hos ...
Court: Kolkata
Decided on: Apr-30-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.126 of 2013 GA No.3461 of 2013 COMMISSIONER OF INCOME TAX, KOL-IV, KOL. Versus M/S.PEERLESS HOSPITEX HOSPITAL AND RESEARCH CENTRE LTD.KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 30th April, 2014. For Appellant : Mr.P.Dudharia, Advocate For Respondent : Mr.S.Bagchi with Mr.G.S. Sharma, Advocates The Court : The subject matter of challenge in this appeal is a judgement and order dated 14th March, 2013 by which the learned Tribunal dismissed the appeal preferred by the revenue holding as follows: We heard the rival submissions and carefully considered the same. In our opinion, no interference is called for in the order of the CIT(A).The CIT(A) deleted the disallowance by following the decision of the Special Bench of the ITAT, Vishakhapatanam Bench in the case of Merilyn Shipping and Transport (supra).which is binding on us also. We, the...
Tag this Judgment!M/S. J.P. Glass Industries and ors. Vs. Pramode Kumar Nathani and ors.
Court: Kolkata
Decided on: Apr-30-2014
A.P.No.656 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.J.P.GLASS INDUSTRIES & ORS.Versus PRAMODE KUMAR NATHANI & ORS.Appearance Mr.Jayanta Mitra, Sr.Adv.Mr.Sabyasachi Sen, Adv.Mr.Ratnanko Banerjee, Adv.Mr.Jaydeb Ghorai, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 30, 2014. The Court : The respondents have not been called upon. The petitioneRs.somewhat bemused by an arbitration agreement being sprung on them and their contention as to the existence of the arbitration agreement being curtly rejected without oral evidence by the arbitrator, appear to be driven to desperation to suggest that a matter finally decided in couRs.of the arbitration that cannot be revisited by the arbitrator would amount to an interim award and, as such, capable of being immediately challenged under Section 34 of the Arbitration and Conciliation Act, 1996. Only the essential facts are necessary to be noticed. The petitioners claim that it was only...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-30-2014
C.P.No.659 of 2013 C.A.No.485 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of: JAI BALAJ.INDUSTRIES LTD.AND SOUTHERN ROAD CARRIERS LTD.BEFORE : The Honble Justice Nadira Patherya Date : 30th April, 2014. For the Petitioner : Mr.Ratnanko Banerjee, Mr.Shaunak Mitra. For the Company : Mr.Abhrajit Mitra, Mr.J.Chowdhury, Ms.R.Kajaria. To Court :- In this application a claim has been raised on account of transportation charges incurred by the petitioning creditor on behalf of the company. The case of the petitioning creditor is that for the period July 2012 to 24th August, 2013 goods were transported by it on behalf of the company for which bills were raised. As no payment was made on 28th June, 2013 the monthwise outstanding freight bills was forwarded with request for payment. On 29th July, 2013 the company informed the petitioning creditor that the transportation job earlier carried on to be billed basis was since 2nd July, 2013 carried on to pay basis. As no ...
Tag this Judgment!Consulting Engineering Services [i] Pvt. Ltd. Vs. Government of West B ...
Court: Kolkata
Decided on: Apr-30-2014
GA No.3753 of 2013 with CS No.403 of 2013 GA NO.3483 OF2013IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION CONSULTING ENGINEERING SERVICES [I].PVT.LTD.Versus GOVERNMENT OF WEST BENGAL Before: The Honble Justice I.P.MUKERJ.Date: 30th April 2014 Appearance: Mr.S.N. Mitra, senior Advocate Mr.Arindam Mukherjee, Advocate Mr.D.K. Jain, Advocate for the plaintiff Mr.Samrat Sen, Advocate Mr.Sakhya Sen, Advocate Mr.A.Mondal, Advocate for State. The Court: This is an application under Section 8 of the Arbitration & Conciliation Act, 1996. It is taken out by the State of West Bengal, the defendant in the suit. Mr.Samrat Sen, learned Advocate appearing for them relies on clause 10 of the agreement between the parties regarding resolution of disputes. This clause is inserted hereunder: 10.0 Resolution of Disputes a. Both the GoWB and the PMs.will try to amicably settle disputes by direct negotiation.b.If no settlement could be reached within a time frame as may be specified, eith...
Tag this Judgment!Amarnath Banerjee Vs. Commissioner of Central Excise,
Court: Kolkata
Decided on: Apr-30-2014
ORDER SHEET W.P.363 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMARNATH BANERJEE Versus COMMISSIONER OF CENTRAL EXCISE, KOLTAKA- III COMMISSIONERATE & ORS BEFORE: The Honble JUSTICE HARISH TANDON Date : 30th April, 2014 Appearance: Ms.Anupa Banerjee Mr.S.K.Baid For Petitioner Mr.S.B.Saraf Mr.K.K.Maiti For Respondents The Court : The petitioner has challenged the order dated 8th January 2014 passed by the Customs Excise and Service Tax Appellate Tribunal, Eastern Zonal Bench (CESTAT) Kolkata by which an application, seeking waiver of pre-deposit of the duty, is disposed of directing the petitioner to deposit 25% of duty involved. On the basis of a show cause notice issued under Section 11A of the Central Excise Act, 1944 a proceedings was initiated against the petitioner on the plea that material facts were suppressed by him. According to the petitioner, the raw materials given by the small scale units are processed by him on job basis and, th...
Tag this Judgment!Dr .Goutam Das Vs. University of Calcutta and ors
Court: Kolkata
Decided on: Apr-29-2014
ORDER SHEET WP No.345 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DR .GOUTAM DAS Versus UNIVERSITY OF CALCUTTA AND ORS BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date : 29th April, 2014. Appearance: Mr.Asish Sanyal, Adv.Mr.Sibojyoti Chakrabarti, Adv.For the petitioner. Mr.Arindam Banerjee, Adv.For the respondent. The Court :- Heard the learned Advocate appearing for the petitioner as well as for the college. It appears from the order dated 4th April, 2014 that the governing body took resolution on 3rd April, 2014, `Headship of the petitioner, Zoology be terminated with effect from 3rd April, 2014. Dr. Ujjal Roy will be the Head of the Department of Zoology with effect from 4th April, 2014. The order is cryptic. No reason assigned for such resolution. Although Mr.Banerjee submits that there were some laches on the part of the petitioner for fixing a date for holding practical examination in Zoology which is contrary to the University sc...
Tag this Judgment!The Kamalalaya Centers Shop and Office Owners Association Vs. Nandalal ...
Court: Kolkata
Decided on: Apr-29-2014
1 ORDER SHEET GA No.1297 of 2014 APOT No.200 of 2014 CS No.174 of 2002 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE KAMALALAYA CENTERS SHOP AND OFFICE OWNERS ASSOCIATION Versus NANDALAL RATHI BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 29th April, 2014. Appearance: Mr.Raja Basu Chowdhury with Mr.Manabendra Nath Thakur, ld. Advocates For the appellant. Mr.Jayanta Banerjee with Mr.Supriya Ranjan Saha, ld. Advocates For the respondent. The Court :- The respondent filed a suit challenging the notice dated February 3, 2001. The contents are quoted below:This is to inform you that certain actions of yours is considered to be prejudicial to the interest of the Association. You are hence forth debarred to represent the Floor Members in the Executive Committee as per the provision of Association. para (C) of Memorandum & Article of Challenging the said notice the plaintiff filed the suit, inter-alia, praying for the following r...
Tag this Judgment!Saloo Choudhury and anr. Vs. Guiness World Records Ltd.
Court: Kolkata
Decided on: Apr-29-2014
CS No.130 of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SALOO CHOUDHURY & ANR. -VersusGUINESS WORLD RECORDS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th April, 2014. Appearance: Mr.Rudraman Bhattacharyya, Adv...for the plaintiff. Mr.Dhruba Ghosh, Adv...for the defendant. The Court : After hearing the learned Counsel for the parties and the suggested issues handed over by the respective parties, the following issues are settled and set down for trial:1) Is the suit barred by Resjudicata, Estoppel and Acquiescence and/or principles analogous thereto ?.2) Is the claim in the suit barred by limitation ?.3) Did the defendant commit breach of any term of the consent decree dated 2nd July, 1998 passed in the earlier suit between the same parties being suit No.454 of 1993 ?.4) Did the defendant agree to hold and sponsor the circumnavigation race to be termed as Guinness Book of Records Millennium Challenge subsequently renamed as Challenge 2...
Tag this Judgment!Gaurav Seksaria Vs. Manjari Seksaria Nee Kanodia and ors.
Court: Kolkata
Decided on: Apr-29-2014
ORDER CS No.383 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction GAURAV SEKSARIA Versus MANJARI SEKSARIA NEE KANODIA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 29th April 2014. Appearance: Mr.D.S. Sinha Roy, Advocate Mr.Siddhartha Bhattacharya, Advocate Mr.Anup Mukhopadhyay, Advocate ...for the plaintiff. Mr.Chiranjit Chatterjee, Advocate ...for the defendant No.1. COURT: Mr.Chiranjit Chatterjee appears and submits that he has received instruction to appear on behalf of the defendant No.1, but he has not filed any application for leave to enter appearance. Since the suit has already appeared under the list of undefended suit, under Chapter VIII Rule 17 of the High Court, Original Side, Rules, the department can accept an appearance without leave at any time before the suit is set down in the warning list of undefended suits, however, an appearance under Rule 19 of Chapter VIII shall not be accepted after the suit is set down in a warning list without t...
Tag this Judgment!Chitta Ranjan Das Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-29-2014
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.129 of 2009 Chitta Ranjan Das Versus Union of India & ORS.For the petitioner : Mr.Durga Prosad Majumdar, Advocate Mr.Dipta Bhanu Dutt, Advocate Ms.Arpita Basu, Advocate For CDLB/respondents : Mr.Kishore Dutt, Advocate Mr.Ashok Kumar Jena, Advocate Heard on : 24.09.2013, 26.11.2013, 03.12.2013 10.12.2013 and 11.12.2013 Judgement on : 29.04.2014 The Court : By the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to release the pension and to grant pensionary benefits in terms of Calcutta Dock Labour Board circular, dated February 13, 1985 and for other reliefs. The case of the petitioner inter alia is that he joined the service of the respondent No.2, i.e., the Calcutta Dock Labour Board (the Board, for short) in November, 1960 and was subsequently promoted as an Accounts Officer, Cl...
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