Kolkata Court June 2014 Judgments
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M/S. Purbanchal Estates Pvt. Ltd. and anr. Vs. K. M. C. and ors.
Court: Kolkata
Decided on: Jun-17-2014
ORDER SHEET WP7682005 GA17222014 WP20072005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.PURBANCHAL ESTATES PVT.LTD.& ANR. Versus K.M.C. & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 17th June, 2014. Mr.S.Dutt, Adv., with Mr.P.Naskar, Adv., Ms.P.Sengupta, Adv., And Mr.R.Sarkar, Adv., ..for petitioneRs.Mr.A.Banerjee, Adv., with Mr.R.Chakraborty, Adv., for K.M.C.Mr.A.Bardhan, Adv., with Mr.P.Kumar, Adv., for respondents nos.3 to 6. The Court : On February 18, 2014, this court made an order to the effect that the writ petition succeeded with the direction upon the respondent no.1 to inform this court as to when it will be convenient for the Municipal Commissioner to give a final hearing to the parties regarding this matter to enable this court to fix such date so that the hearing could be given, concluded and thereafter order made. On March 4, 2014, Mr.Banerjee who had appeared earlier for the Corporation, was not present. The matter was direct...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-17-2014
ORDER SHEET CP No.485 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction HUMAYAN PROPERTIES LTD.AND BHARTI AIRTEL LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 17th June, 2014. Mr.Reetobroto Mitra, Sk.Nurul Arefin for petitioner. The Court : This matter has appeared at the post advertisement stage. By order dated 10th June, 2013 direction was given for filing an affidavit-in-opposition. Such affidavit has also been filed. On 23rd September, 2013 the company informed the Court that there was all possibility of settlement between the parties. The sum of Rs.5 lakhs directed to be deposited by order dated 14th January, 2013 has also been returned to the company by order dated 23rd September, 2013. The principal sum has also been paid and all that now needs to be paid to the petitioning creditor by the company is sums on account of interest which sum was to be paid within a fortnight from the order dated 3rd September, 2012. The said order was challenged in appeal which appeal wa...
Binoy Ranjan Chowdhary Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-17-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Arindam Sinha G.A No.273 of 2014 with W.P.No.5089 of 1988 Binoy Ranjan Chowdhary Vs The State of West Bengal & ORS.For the Petitioner For the Respondents : Mr.Malay Bose, Sr.Adv.Mr.Shyam Sundar Manna, Adv.: Ms.Chaina Mukherjee, Adv.Mr.Subir Pal, Adv.Heard on : 25.02.2014, 08.04.2014 and 03.06.2014. Judgment on : 17th June, 2014 Arindam Sinha, J. A modified ration distributor is the writ petitioner. Mr.Basu, learned Senior Advocate appeared on behalf of the writ petitioner and submitted that treating memo dated 7th November, 1988, a copy of which annexure-C to the petition, as the FIR, Dinhata Police Station started case no.12 of 1988 dated 9th November, 1988, quashing of which has been prayed for by his client. A photocopy of the FIR was handed up and kept on record. Mr.Basu submitted that the said memo which became the FIR does not disclose any offence. He submitted the said memo r...
itc Ltd. Vs. Bengani Foods Products Pvt. Ltd.
Court: Kolkata
Decided on: Jun-17-2014
EC No.219 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ITC LTD.Versus BENGANI FOODS PRODUCTS PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th June, 2014. Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.Dhruba Ghosh, Advocate Mr.Dipendra Nath Chunder, Advocate Mr.S.Dasgupta, Advocate for the Award/Decree-holder Mr.P.Saha, Advocate Mr.Bidyut Dutta, Advocate for the respondent The Court: Considering the order dated 6th December, 2012 passed by the learned District Judge, Indore and the order of the learned City Civil Court, Calcutta dated 4th March, 2014, there is no doubt that by use of the expression Transferee Court, the Court at Indore meant and all the parties understood it as the Principal, civil court having jurisdiction in Kolkata. In the said order of the Indore Court, it was mentioned that the decree was being transferred to the Honble District Judge, Calcutta. The sum sought to be realised in respect of the award/decree was Rs...
Calcutta State Transport Employees’ Union and ors. Vs. State of West ...
Court: Kolkata
Decided on: Jun-17-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti June 17, 2014 GA3542of 2013 WP941of 2012 Calcutta State Transport Employees Union & ORS.versus State of West Bengal & ORS.Mr.Swaroop Pal, Advocate with Ms.Saswati Chatterjee, Advocate for the petitioners Mr.Pantu Deb Roy, Advocate with Mr.Niladri Bhattacharjee, Advocate for the respondent Corporation Mr.A.M.Sabir, Advocate for the State The Court :- GA3542of 2013 is an application filed by the writ petitioner pursuant to the liberty granted by a learned single Judge of this Court while disposing the writ petition being WP941of 2012 by a judgment and order dated June 25, 2013. It appears from the said order that the learned counsel for all the parties had jointly handed up two memoranda of the Government of West Bengal dated April 22, and May 15, 2013 respectively and a communication of the respondent authorities. The petitioners allege that in spite of it ...
Calcutta Tramways Workers and Employees’ Union and ors. Vs. State of ...
Court: Kolkata
Decided on: Jun-17-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti June 17, 2014 GA3543of 2013 WP970of 2012 Calcutta Tramways Workers & Employees Union & ORS.versus State of West Bengal & ORS.Mr.Swaroop Pal, Advocate with Ms.Saswati Chatterjee, Advocate for the petitioners Mr.Pantu Deb Roy, Advocate with Mr.Niladri Bhattacharjee, Advocate for the respondent Corporation Ms Chaitali Bhattacharjee, Advocate for the State The Court :- GA3543of 2013 is an application filed by the writ petitioner pursuant to the liberty granted by a learned single Judge of this Court while disposing the writ petition being WP941of 2012 by a judgment and order dated June 25, 2013. It appears from the said order that the learned counsel for the parties had jointly handed up two memoranda of the Government of West Bengal dated April 22, and May 15, 2013 respectively and a communication of the respondent authorities. The petitioners allege that in ...
Commissioner of Income Tax, Kolkataiv Vs. M/S. Ratnabali Capital Marke ...
Court: Kolkata
Decided on: Jun-17-2014
ORDER SHEET ITAT No.21 of 2014 G.A.No.383 of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-IV Versus M/S.RATNABALI CAPITAL MARKETS LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th June, 2014. Mr O.P.Dubey, Advocate for the Appellant Mr.J.P.Khaitan, Sr.Adv.Mr.Farhan Gaffar, Adv.for the Respondent The Court : The subject matter challenged in this appeal is a judgment and order dated 23rd May, 2013 by which the learned Tribunal reduced the amount of disallowance under section 14A of the Income Tax Act to one percent. With regard to administrative expenditures, the Tribunal restricted disallowance to one percent as well. Aggrieved by the aforesaid order, the Department has come up in appeal. It appears that the view taken by the Assessing Officer seeking to disallow the entire amount of interest was in the following facts and circumstances. The assessee could not file...
Srei Equipment Finance Limited Vs. Hitech Estates and Promoters Pvt. L ...
Court: Kolkata
Decided on: Jun-13-2014
AP No.1493 of 2013 AP No.1495 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus HI-TECH ESTATES AND PROMOTERS PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 13, 2014. Appearance: Mr.Swatarup Banerjee, Adv.Mr.Manmohon Pattanayak, Adv.Ms.Sudeshna Basu Thakur, Adv.The Court : It is not in dispute that a sum in excess of Rs.27 lakh is due only on account of defaulted instalments in respect of the two agreements covered by these matteRs.The respondent says that since the principal person or persons in control of the respondent company had been taken into custody and have been recently released pursuant to orders of the Supreme Court, the money due to the finance company could not be paid. The respondent says that the respondent or its principal persons have been required to deposit a substantial amount by the Supreme Court. The respondent seeks an immediate moratorium of a period of two months and ...
Puran Mal Agarwala Vs. R. Piyarelall Import and Export Ltd.
Court: Kolkata
Decided on: Jun-13-2014
GA No.1701 of 2014 CS102of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE PURAN MAL AGARWALA Versus R. PIYARELALL IMPORT & EXPORT LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th June, 2014. For the plaintiff : Mr.Kumar Gupta,Advocate Mr.Ramesh Dhara,Advocate For the respondent/petitioner : Mr.Sudip Deb,Advocate Mr.Kousik Chatterjee,Advocate Mr.Asok Bjhoumik,Advocate The Court :- The plaintiff has filed this application for amendment of the written statement. Almost after one year this application has been filed by the defendant for amendment of the written statement. The original written statement was filed almost a year back after obtaining extension of time to file the same. Although the application for amendment of the written statement has been filed belatedly, but it appears that certain facts have been stated in the written statement which are material and are required to be taken into consideration at the time of trial. In view of the aforesaid, the application for amen...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-13-2014
ORDER SHEET CA No.375 of 2014 CP No.436 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE REI AGRO LTD.AND UNITED BANK OF INDIA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 13th June, 2014. Mr.Mr.Mr.Mr.S.N.Mukherjee, Sr.Adv.S.K.Mal, Adv.A.Roy Chowdhury, Adv.D.N.Dey, Adv.for the petitioner Mr.Abhrajit Mitra, Sr.Adv.Ms.Manju Bhuteria, Adv.Mr.P.Basu, Adv.for the respondent The Court : By this application the company seeks dismissal of C.P.436 of 2014 and vacating of order dated 15th May, 2014. The case of the applicant is that in C.A.336 of 2014 an order was passed on 15th May, 2014 whereby the applicant company was restrained from dealing with, disposing of, alienating or creating third party interest in its assets or transferring its shares till disposal of the winding up application. There has been suppression of facts by the petitioning creditor as although it was submitted and recorded in order dated 15th May, 2014 that service had been effected on the company,...
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