Kolkata Court April 2014 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-23-2014
ORDER SHEET CP No.382 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: CREATIVE WARES LTD.AND INTERNATIONAL ASSET RECONSTRUCTION CO.PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 23rd April, 2014. Mr.Anuj Singh, Mr.S.Chowdhury for petitioning creditor. The Court : For facilities availed by the company from Allahabad Bank whose dues were assigned to the petitioning creditor herein this application has been filed for payment of the assigned dues. As the dues were not paid in spite of demand raised a statutory notice was issued on 25th July, 2012 to the company by the petitioning creditor. In fact, the statutory notice was also published in The Bengal Post on 9th October, 2012 and in Prabhat Varta of the same date. The statutory notice was also served on Mr.Arun Kumar Bagla, a Director of the company who received the notice on 21st September, 2012. In spite of receipt of notice no affidavit-in-opposition has been filed on behalf of the company or its Ex-D...
Commissioner of Income Tax, Asansol Vs. Ramesh Kumar Singhania
Court: Kolkata
Decided on: Apr-23-2014
ORDER SHEET ITAT No.223 of 2013 G.A.No.3814 of 2013 G.A.No.3815 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, ASANSOL Versus RAMESH KUMAR SINGHANIA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 23rd April, 2014. Ms.Nilanjana Banerjee, Adv.for the Appellant Mr.R.Bharadwaj, Advocate for the Respondent The Court : Delay in preferring the appeal is condoned. The application for condonation of delay is thus disposed of. The appeal is directed against a judgment and order dated 5th April, 2013 by which the learned Tribunal agreeing with the CIT (Appeal) dismissed the appeal preferred by the Revenue. Aggrieved by the order of the learned Tribunal, the present appeal has been preferred. Learned Advocate appearing for the Revenue-Appellant submitted that the view taken both by the CIT (Appeal) and the learned Tribunal are perverse. She drew our attention to the order of the Assessin...
Prabhat Kumar Chakravarty Vs. Reserve Bank of India and ors.
Court: Kolkata
Decided on: Apr-23-2014
WP No.851 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRABHAT KUMAR CHAKRAVARTY -VersusRESERVE BANK OF INDIA & ORS.Appearance: Mr.Sutirtha Das, Adv...for the petitioner. Mr.Arijit Choudhury, Sr.Mr.A.K.Banerjee, Mr.A.Sarkar, ...for the Adv.Adv.Adv.RBI. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 23, 2014. The Court : W.P.No.851 of 2013 is an attempt by an indolent officer to create some confusion and obtain an undeserving benefit by virtue an order of Court. Disciplinary proceedings instituted against the petitioner culminated in a punishment being awarded which was endorsed by the appellate authority. The petitioner challenged the appellate order in W.P.No.1031 of 2007 which was allowed on the ground that the violation of the principles of natural justice that the petitioner had alleged before the appellate authority had not been appropriately addressed by the appellate authority. Even while passing the order setting aside the previ...
M/S. S. B. Enterprises and anr. Vs. M/S. Arshiya Rail Infrastructure L ...
Court: Kolkata
Decided on: Apr-23-2014
AP No.498 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.S.B. ENTERPRISES AND ANR. Versus M/S.ARSHIYA RAIL INFRASTRUCTURE LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 23, 2014. Appearance: Mr.R.K. Chowdhary, Adv.Mr.Swatarup Banerjee, Adv.The Court : Leave is given to the petitioners to use a supplementary affidavit though such practice needs to be frowned upon that an incompetent petition is filed which needs to be supplemented by a supplementary affidavit even before the matter is moved. This petition like several others pending in this Court is more in hope and to take advantage of the notorious delay in the judicial system than of merit. There was a dispute on facts between the parties as to whether the petitioners were liable for the additional charges obtained from the award-holder by the railways on account of overloading railway wagons. The arbitral tribunal, on consideration of both the facts and the law, found again...
Bethelsynagogue Vs. Elias Meyer Free Shool and Talmud Torah and ors.
Court: Kolkata
Decided on: Apr-23-2014
ORDER SHEET CSOS NO.1 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BETH-EL-SYNAGOGUE Versus ELIAS MEYER FREE SHOOL & TALMUD TORAH & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 23rd April, 2014. Mr.S.P.Sarkar, senior advocate, Ms.S.Mukherjee, Mr.S.Bose, Mr.P.P.Naskerappear. Mr.Raja Basu Chowdhury, Mr.S.Dutta, Mr.S.Janaappear. The Court : Elias Meyer Free School and Talmud Torah, Jewish Girls School, Beth-El-Synagogue, Maghen David Synagogue, Oseh Haised Board, Jewish Womens League and Neveh Shalome Synagogue are Jewish institutions. They are run by Trusts, Societies, Associations etc.comprising of members of the Jewish community in Kolkata. The size of the Jewish community in Kolkata has been gradually declining over the yeaRs.Mr.Sarkar, learned senior advocate for the plaintiff submits that they are only about 20 in number now. It appears that all the Managing Committees, Board of Manhighim and Trusts of this organisation have come toget...
international Asset Reconstruction Co.Pvt.Ltd. Vs. Registrar of Compan ...
Court: Kolkata
Decided on: Apr-23-2014
ORDER SHEET CP No.496 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction INTERNATIONAL ASSET RECONSTRUCTION CO.PVT.LTD.versus REGISTRAR OF COMPANIES, WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 23rd April, 2014. Mr.Anuj Singh, Mr.S.Chowdhury for petitioner. Mr.Jishnu Chowdhury, Ms.Rajshree Kajaria, Mr.Sourav Gupta, Mr.S.Mukherjee, MRS.Sonia Sharma for Arun Kumar Bagla. Mr.Arindam Sen for the Central Government. The Court : This application has been filed by a creditor under Section 560(6) of the Companies Act, 1956. There is no doubt that the application is maintainable but what the applicant seeks is restoration of the name of the company in the register of the Registrar of Companies wherefrom admittedly the name has been struck off. The reason given for restoration of the name of the company is that the applicant is a creditor and has a winding up application pending disposal. Proceedings have also been initiated before the Debts Recovery Tribunal under Se...
Smt. Hashi Mukherjee Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Apr-23-2014
ORDER SHEET GA No.3071 of 2013 APOT No.503 of 2013 WP No.123 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SMT. HASHI MUKHERJEE Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE ASIM KUMAR MONDAL Date: 23rd April, 2014 Mr.Anindya Mitra, Sr.Adv.with Mr.Subrata Basu, Adv.Mr.Bidyut Dutt, Adv.Mr.Ashok Ghosh, Adv..for the appellants Mr.Ashok Banerjee, Sr.Adv.with Mr.Biswajit Mukherjee, Adv.Mr.Gopal Chandra Das, Adv..for the KMC This application has been filed in connection with the appeal preferred from the judgment and order dated 25th September, 2013 whereby a learned Judge of this Court dismissed the writ petition upon holding that the issues raised in the said writ petition were decided earlier by a Division Bench of this Court in the previous appeal being APO No.267 of 2009 arising out of WP No.678 of 2009 (Smt. Hashi Mukherjee versus The Kolkata Municipal Corporation & Ors.).Mr...
Smt. Sabla JaIn Vs. Sri Dilip Kumar Modi and ors.
Court: Kolkata
Decided on: Apr-23-2014
ORDER SHEET GA No.39 of 2012 With CS No.136 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. SABLA JAIN Versus Sr.DILIP KUMAR MODI & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 23rd April, 2014. Appearance: Mr.Probal Mukherjee, Adv.Mr.D.Banerjee, Adv.Mr.D.Bhattacharjee, Adv.Mr.S.Sen. Adv.The Court: This adjourned motion is taken up at the second call. An affidavit in opposition has been filed by the seventh, eighth and ninth defendants and another by the tenth defendant. None appears on their behalf. No accommodation is sought. As of now there is an order of status quo dated 28th February, 2011 passed in an earlier application (GA No.1800 of 2010) with regard to the four properties at Jessidhi, Birbhum, the place of residence at 14, Raja Nabo Krishna Street property and Baghbazar. An earlier order of 20th May, 2010 directed inventory of the properties at Jessidhi, District Deoghar, Jharkhand and inventory of the tenants and rent collec...
Commissioner of Income Tax, Kolxi Vs. Satyabrata Dey
Court: Kolkata
Decided on: Apr-23-2014
ORDER SHEET G.A.No.227 of 2014 I.T.A.T.No.20 of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOL-XI Versus SATYABRATA DEY BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA -AndThe Hon'ble JUSTICE SUDIP AHLUWALIA Date : 23rd April, 2014. For Appellant : Mr.O.P.Dubey, Adv.For Respondent : Mr.P.Bharadwaj, Adv.This appeal is directed against a judgement and order dated 14th May, 2013 by which the contention of the assessee that the compensation paid by him should be treated as a cost of acquisition was accepted by the learned Tribunal and the order of the CIT (A) was reversed. The revenue has come up in appeal. The facts and circumstances of the case briefly stated are as follows : The assessee entered into an agreement dated 2nd September, 2004 with one, Bhagyalakshmi Commercial Company PVT.LTD.Under the aforesaid agreement the later agreed to sub-lease the flat Nos.3b and 3c at premises No.5, Lowdon Street, Kolkata to the a...
M/S Gyan Enterprises and anr. Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Apr-22-2014
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Dipankar Datta G.A. No.141 of 2013 G.A. No.676 of 2013 W.P. No.1008 of 2010 M/s Gyan Enterprises & anr. vs. Coal India Limited & ors. With G.A. No.143 of 2013 W.P. No.1009 of 2010 Indica Smokeless Fuel Industries & anr. Vs. Coal India Limited & ors. For the petitioners : Mr. Kalyan Bandyopadhyay, Sr. Advocate Mr. Saptanshu Basu, Sr. Advocate Mr. S.D. Sanjay, Advocate Mr. Pallav Banerjee, Advocate For the respondents : Mr. S. N. Mukherjee, Sr. Advocate Mr. Kalimuddin Mondal, Advocate Hearing concluded on : January 24, 2014 Judgment on : April 22, 2014 1. These two writ petitions involve common questions of fact and law and hence have been heard together; this common judgment and order shall govern both the writ petitions.2. The facts in W.P. 1008 of 2010 may be noticed. The first petitioner, a proprietorship firm (hereafter the firm), is engaged in the manufacture of smokeless fuel....
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