Kolkata Court June 2014 Judgments
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M/S.Popat and Kotecha Property and anr. Vs. K.M.C. and ors.
Court: Kolkata
Decided on: Jun-12-2014
ORDER WP No.166 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.POPAT AND KOTECHA PROPERTY & ANR. Versus K.M.C.& ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date: 12th June 2014. Appearance: Mr.Arindam Banerjee, Advocate Mr.Sankarsan Sarkar, Advocate ...for the petitioneRs.Mr.Biswajit Mukherjee, Advocate Mr.Fazlul Haque, Advocate Mr.Debangshu Mondal, Advocate ...for the respondents. Court: In the writ petition, the petitioners have challenged hearing notices dated 31st January 2014, appearing from pages 130 to 133 of the writ petition and the notice by affixation at page 135 of the writ petition on the ground that the conditions precedent for issuance of notice under Sections 184(1) and 184(2) of the Kolkata Municipal fulfilled and are vague. Corporation Act, 1980 have not been On the question of vagueness, it is submitted that in an order passed on 2nd June 2014 in WP No.12235(W) of 2014 (Gouri Chatterjee versus KMC & Ors.).similar notice was ...
Srei Equipment Finance Limited Vs. Bumi Geo Engineering Ltd.
Court: Kolkata
Decided on: Jun-12-2014
AP No.783 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED -VersusBUMI GEO ENGINEERING LTD.Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.D.N.Sharma, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 12, 2014. The Court : The respondent says that the respondent has been engaged as a sub-contractor in connection with the Metro Railway projects in Mumbai and Chennai. According to the respondent, substantial payments due to the petitioner in respect of such projects have not been paid and the machines and equipment obtained on finance by the respondent from the petitioner have been engaged in such projects. The respondent expresses its inability to make payment of the defaulted instalments without fiRs.receiving the payments from the appropriate authorities in respect of the said two metro railway projects. The respondent indicates that it may be in a position to pay off a...
Ms. Madhu Priya, Ad Vs. …for the Petitioner
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET CP No.566 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE DAKSH BUSINESS PVT LTD AND AXIS SECURITIES LTD BEFORE: The Hon'ble JUSTICE PATHERYA Date : 12th June, 2014. Mr.Manik Das, Ms.Madhu Priya, Adversus for the petitioner Mr.Sourav Kr. Mukherjee, Ms.Jayati Chowdhury, Adversus for the company The Court : The petitioning creditor was a lessee of the company on and from February, 2007 till 2011 when the agreement between the parties was terminated. One other term and condition of the agreement between the parties was deposit of security deposited by the petitioning creditor in favour of the company. Such term was complied with. There has been no default in payment of lease rent. Therefore on termination of lease agreement the petitioning creditor became entitled to receipt of security deposit and it is only for non-payment thereof that a statutory notice was issued on 24th April, 2013. In spite of receipt of statutory notice no reply has been given ...
Smt.Anima Sirkar Vs. Kolkata Municipal Corporation and ors
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET W.P.No.497 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT.ANIMA SIRKAR Versus KOLKATA MUNICIPAL CORPORATION & ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 12TH June, 2014. For Petitioner : Mr.Amal Sen,Advocate Mr.J.Pandit,Advocate Mr.S.Bhattacharyay,Advocate Mr.S.Ghosh,Advocate Ms.D.Sen,Advocate For KMC : Mr.G.C.Das,Advocate Ms.T.Dasgupta,Advocate The Court : In the writ petition, the petitioner, one of the defendants in the Partition and Administration Suit No.2706 of 1955, has prayed for a direction upon the authorities of the Kolkata Municipal Corporation, particularly on the Assessor-Collector (North).Kolkata Municipal Corporation, the respondent no.4 to record the names of the Joint Receivers appointed by the Court as occupier of the ground floor and front portion of the premises no.124/1 Bepin Behari Ganguly Street, Kolkata 700012 having an area of 3200 sft. since their names are found to have been deleted in the Inspe...
M/S. Manaksia Limited and Another Vs. Income Tax Officer, Ward58(3) (T ...
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET W.P.No.475 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.MANAKSIA LIMITED AND ANOTHER Versus INCOME TAX OFFICER, WARD-58(3) (TDS) KOL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 12th June, 2014. Appearance : Mr.J.P. Khaitan, Sr.Adv.Ms.Smita Das De, Adv.dated The Court May21, 2014 : The passed petitioner by the has Income challenged Tax the Officer, order Ward 58(3)(TDS) Kolkata whereby and whereunder the application for stay filed under Section 220 sub Section 6 of the Income Tax Act is rejected. The challenged is basically made on the ground that the said authority has not dealt with the submissions made at the time of hearing of the said application and the impugned order is bereft of any reasons. My attention is drawn to the averments made in paragraph 7 of the writ petition wherein it is categorically averred that the submissions on the merit of the said application was advanced before the said authority but the orde...
Mrinal Sirkar Vs. Madhu Chanda Sirkar and ors.
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE T NO.201 OF2014MRINAL SIRKAR Versus MADHU CHANDA SIRKAR & ORS. EC NO.237 OF2014SMT. MADHUCHANDA SIRKAR & ORS.Versus Sr.MRINAL KANTI SIRKAR BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th June, 2014. Mr.A.Sarkar, Mr.A.K.Chatterjee, Mr.S.Banerjeeappear. Mr.J.Chowdhury, Mr.Arif Ali, Mr.S.S.Dasappear. The Court : This is an application for enforcement of an award/decree dated 19th August, 2013. The judgment debtor has taken out a counter application [T No.201 of 2014].to adjudge the award dated 19th August, 2013 as null and void, nonest etc.It may be mentioned that a section 34 application was preferred by this judgment debtor, which was dismissed by this Court on 13th March, 2014. I do record the submission of Mr.Ali that section 34 application was not dismissed on merits but on the technical ground of limitation. I am prima facie of the opinion that the above pleas were available in the secti...
Md. Naim Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-12-2014
ORDER WP No.480 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Md.NAIM Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date: 12th June 2014. Appearance: Md.Yamin Ali, Advocate Ms.Saira Banu, Advocate ...for the petitioner. Mr.Gopal Chandra Das, Advocate Mr.Debangshu Mandal, Advocate ...for the KMC. Mr.Arindam Mandal, Advocate ...for the State. Court: The affidavit of service filed today be kept with the record. In the writ petition, the petitioner has prayed for direction upon the respondents to mutate his name in the assessment records of Kolkata Municipal Corporation in respect of 5 cottahs out of 10 cottahs of land, more or less, lying and situated at Holding NO.87 (formerly, Holding Nos.52 and 52A) in Dihi Panchanan Gram, Mouza Gobra, within the jurisdiction of Kolkata Municipal Corporation having Premises No.10D, Lokenath Bose Garden Lane, Kolkata 700 046. It has been submitted that though an application was filed on...
Md. Naim and Another Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-12-2014
ORDER WP No.481 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Md.NAIM & ANOTHER Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date: 12th June 2014. Appearance: Md.Yamin Ali, Advocate Ms.Saira Banu, Advocate ...for the petitioner. Mr.Gopal Chandra Das, Advocate Mr.Debangshu Mandal, Advocate ...for the KMC. Mr.Arindam Mandal, Advocate ...for the State. Court: The affidavit of service filed today be kept with the record. In the writ petition, the petitioner has prayed for direction upon the respondents to mutate his name in the assessment records of Kolkata Municipal Corporation in respect of 5 cottahs out of 10 cottahs of land, more or less, lying and situated at Holding NO.87 (formerly, Holding Nos.52 and 52A) in Dihi Panchanan Gram, Mouza Gobra, within the jurisdiction of Kolkata Municipal Corporation having Premises No.10D, Lokenath Bose Garden Lane, Kolkata 700 046. It has been submitted that though an application wa...
Smt. Lakshmi Sona Dutt and ors. Vs. Jogendra Kristo Dutt and ors.
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET G.A.No.1176 of 2014 A.P.D.T.No.1 of 2014 With C.S.No.592 of 1975 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SMT. LAKSHMI SONA DUTT & ORS.Versus JOGENDRA KRISTO DUTT & ORS.BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE -AndThe Hon'ble JUSTICE SHIB SADHAN SADHU Date : 12th June, 2014. For Appellant : Mr.Malay Kumar Ghosh with Mr.Amitava Das & Mr.R.N.Chatterjee. For Respondent no.1 : Mr.Sandwip Mukherjee with Mr.Malay Kr. Seal. For Respondent no.2 : Mr.Sakya Sen with Mr.S.Mukherjee & Mr.A.Parmanik. For Respondent nos.3,4&5 : Mr.Ahin Chowdhury with Mr.Dhruba Ghosh & Mr.Dipendra Nath Chunder. There shall be an order in terms of prayer (a).Since all the respondents are appearing, formal service of notice of appeal is waived. The appeal is treated as ready as regards service. This is an application, in substance, for stay of the operation of the judgement and decree dated February 27, 2014 passed in C.S.No.592 of 1975. Sailendra Kristo Dutt, the p...
impex Metal and Ferro Alloys Limited Vs. Union of India and ors.
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.1598 of 2014 GA No.1599 of 2014 APOT No.265 of 2014 IMPEX METAL & FERRO ALLOYS LIMITED Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 12th June, 2014. For Appellant : For Respondent : Mr.R.K. Chowdhury, Advocate Mr.R.Bharadwaj with Mr.S.Saha, Advocates The Court : The subject matter of challenge in the writ petition is a show cause notice dated 7th October, 2013 issued under Section 124 of the Customs Act, 1962. The sum and substance of the allegations against the writ petitioner is that the goods exported by him are not the same goods which were imported and, therefore, the claim on account of draw back made by him was wrongful and illegal. One of the grounds taken by the writ petitioner before the learned Trial Court was that the notice under Section 124 was incompetent because the claim for draw back made by the writ peti...
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