Kolkata Court June 2014 Judgments
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Promode Kr. Bajaj Vs. Shew Ratan Bajaj
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET G.A.No.1661 of 2014 With C.S.No.58 of 1991 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PROMODE KR. BAJAJ Versus SHEW RATAN BAJAJ BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 10th June, 2014. Appearance: Mr.S.K.Mallick, Adv. for the plaintiff Mr.Amitavo Das, Adv.Mr.Adil Rashid, Adv. for the defendant Nos.1 and 3A Mr.Krishna Das Poddar, Adv. for the defendant no.10 Mr.R.Dutta, Adv. for the defendant Nos.5A, 5B & 5C Mr.R.C.Prusti, Adv.Mr.J.N.Manna, Adv. for the defendant no.4 MRS.Nandini Mitra, Adv. for the defendant no.6 Mr.S.Ghosh, Adv.Mr.Shyamal Choudhury, Adv. for the defendant Nos.7, 8 & 9 The Court: This was an application for amendment. Two parties were added to the suit. The defendant Nos.5C, 8 and 9 attained majority during the pendency of the suit. The plaintiff sought amendment to the plaint consequential to such addition of parties and the three defendants attaining majority during the pendency of the suit. The parties were ...
Duncans Industries Ltd. Vs. Alaknanda Hydro Power Co. Ltd. and ors.
Court: Kolkata
Decided on: Jun-10-2014
ORDER CS No.246 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DUNCANS INDUSTRIES LTD.Versus ALAKNANDA HYDRO POWER Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 10th June 2014. Appearance: Mr.Arif Ali, Advocate Mr.Devajyoti Bhattacharya, Advocate Ms.Nairita Datta Chowdhury, Advocate ...for the plaintiff. Mr.Tilak Bose, Senior Advocate Mr.Ritzu Ghosal, Advocate Mr.Rajarshi Dutta, Advocate Ms.Arpita Saha, Advocate Mr.Susnigdho Bhattacharya, Advocate Mr.Sourav Maitra, Advocate Mr.Gaurav Purkayashtha, Advocate ...for the defendant No.1. Mr.Sakya Sen, Advocate Ms.Sanchali Chakroborty, Advocate ...for the defendant No.3. Court: On the last occasion, when this matter was taken up for hearing, the defendant Nos.1 and 3 appeared and prayed for time to enter appearance and file written statements. It was submitted that they had made their written statements ready and if an opportunity is given to them, they would be in a position to comply with the directi...
The Associated Cement Co. Ltd. Vs. M/S Apcon Group and ors.
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET CS No.31 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE ASSOCIATED CEMENT Co.LTD.Versus M/S APCo.GROUP AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th June, 2014. Appearance: Mr.Aniruddha Mitra, Adv.The Court: The original writ of summons produced before this Court shows that the writ of summons have been duly served upon the defendants. In spite of the service of the writ of summons, the defendants have failed to enter appearance. Mr.Edwin Vinod Philips, Assistant Manager Accounts, is personally present in Court with the required documents to prove the claim made in the plaint. The claim in the suit is arising out of a dealership agreement entered into between the parties. Although the plaintiff is not required to produce any witness and any other evidence in view of failure on the part of the defendants to enter appearance and file its pleading, the plaintiff has produced Mr.Edwin vinod Philips, Assistant Manager ...
Sarawgi Industrade Pvt. Ltd. Vs. Vinayak Mica Export Co. and ors.
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET GA NO.1371 OF2014WITH CS NO.140 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SARAWGI INDUSTRADE PVT.LTD.Versus VINAYAK MICA EXPORT Co.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th June, 2014. Mr.J.Chowdhury, Mr.S.Ghosh, Mr.B.Kumarappear. Mr.J.Ganguly, Mr.Tarique Quasimuddin, Ms.S.Chowdhuryappear. The Court : The facts of this case are to a certain extent similar to those in [GA No.1370 of 2014 with CS No.141 of 2014 Sarawgi Industrade PVT.LTD.versus Raja Ram Saraf].where I had occasion to pass an interim order earlier this afternoon. The only difference is that the property is situated in Giridi, Jharkhand. Rs.1.5 crores were attempted to be paid by the defendants to the plaintiff of which Rs.1 crore was honoured and Rs.50 lacs dishonoured for insufficiency of funds in the bank account of the defendants. According to Mr.Chowdhury, learned Advocate for the plaintiff, this amount represented refund of the consideration fur...
The Bengal Freemasons' Trust Association and Anr Vs. Commissioner of P ...
Court: Kolkata
Decided on: Jun-10-2014
WP No.312 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE BENGAL FREEMASONS' TRUST ASSOCIATION AND ANR -VersusCOMMISSIONER OF POLICE KOLKATA AND ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date : 10th June, 2014 Appearandce: Mr.Joydeep Kar,. Adv.Mr.R.L.Mitra, Adv.Ms.Priyanka Dhar, Adv...for the petitioneRs.Md.Safiul Alam, Adv...for respondent Nos.4 & 5. Mr.Kishore Dutta, Adv.Mr.P.Bhuniya, Adv...for respondent No.6. Mr.Sakya Sen, Adv.Mr.Mirza Firoz Ahmed Begg, Adv...for the State. The Court : The fiRs.petitioner claims to be a trust incorporated as a company limited by guarantee within the meaning of the Companies Act. The second petitioner is the Secretary of the fiRs.petitioner. It is pleaded in paragraph 7 of the writ petition that the fiRs.petitioner as trustee of the premises situate at 19, Park Street, Kolkata 700 016 (hereafter the said premises) manages and administers the same and carries out all maintenance works and pays municipal ...
S.S. Khetawat and ors. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET W.P.No.483 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE S.S.KHETAWAT & ORS.Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 10TH JUNE, 2014. For Petitioner : MR.A.BANERJEE,ADVOCATE MR.A.MUKHERJEE,ADVOCATE For KMC : MR.B.MUKHERJEE,ADVOCATE MR.D.MONDAL,ADVOCATE The Court : Let affidavit of service filed in Court today be kept on record. In this writ petition, the petitioners have prayed for a direction upon the Municipal Commissioner to invoke section 192 of the Kolkata Municipal Corporation Act,1980 and to recall the existing annual valuation and to assess the annual valuation of units concerned at premises No.32 Chowringhee Road, Om Tower, Kolkata at a similar rate as was done by the Municipal Commissioner by invoking the said section in respect of the other unit nos.905 and 906 pertaining to Paramanand S.Daswani and Jaya P.Daswani, respectively. It is submitted that though by order dated 19th...
Eagle Wood Equipment Engineering (P) Ltd Vs. Assistant Commissioner of ...
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.164 of 2004 EAGLE WOOD EQUIPMENT ENGINEERING (P) LTD Versus ASSISTANT COMMISSIONER OF I.TAX KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 10th June, 2014. For Appellant For Respondent : : Mr.Srenik Singhvi, Advocate Mr.Ranjan Sinha, Advocate The Court : The appeal was admitted for a decision on the following question: Whether on a proper construction of the contract dated 19th June, 1992 can the receipt of the sum of Rs.7,52,262/- be treated as income of the assessee during the financial year 1992-93 corresponding to the assessment year 1993-94 when the assessee had not rendered the services for which it would become entitled to appropriate the said receipt as income during the same financial and assessment year?. Mr.Singhvi, learned advocate appearing for the assessee/appellant, submitted that upon true and proper construction of the co...
Prabhu Dayal Sutodiya Vs. Shri Ram Tea Company(P) Ltd. and ors.
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET CS No.122 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRABHU DAYAL SUTODIYA Versus SHRI RAM TEA COMPANY(P) LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th June, 2014. Appearance: Pramit Roy, Adv.Ms.Lopita Banerjee, Adv.Mr.Abhrajit Mitra, Adv.Mr.Soumya Roy Chowdhury, Adv.Mr.Satadeep Bhattacharyya, Adv.Ms.Radhika Singh, Adv.Mr.Soumabho Ghosh, Adv.Ms.S.Nandy, Adv.The Court: The Senior Master appears to have passed a peremptory direction for disclosure of documents. Although the defendant no.2 has complied with the said direction but the plaintiff has failed to disclose the documents following which by an order dated 11th march, 2014 the learned Senior Master has declined to extend the time. In view of the peremptory nature of the order passed by him after he was permitted to do so by this Court in terms of the order dated 14th February, 2014, the plaintiff had conspicuously remained silent in not bringing to the notice o...
Jcc India Pvt. Ltd. Vs. Anand Kishore Gupta and ors.
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET GA681of 2014 With CS78of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JCC INDIA PVT.LTD.Versus ANAND KISHORE GUPTA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 9th June, 2014. Mr.Surajit Nath Mitra, Adv.Mr.Aniruddha Roy, Adv.Mr.R.L.Mitra, Adv.Mr.Nirmalya Dasgupta, Adv.Ms.Priyanka Dhar, Adv..for th plaintiff. Mr.D.Basu, Adv..for the respondent no.1. The Court: I have considered the report of the Receiver dated 16th March, 2014. I direct him to immediately unload the goods from the two trailers with the assistance of the parties. Thereafter, with the above assistance, he will try to deliver the goods to the third defendant, the consignee at Subansiri (Arunachal Pradesh).If the consignee refuses to accept the goods the Receiver will house the same in a godown to be hired by him at the cost of the plaintiff. The goods will remain in the custody of the Receiver unless it is accepted by the consignee. The order would continue to ope...
Srei Equipment Finance Ltd. Vs. Gautam Automobiles Pvt. Ltd.
Court: Kolkata
Decided on: Jun-09-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.270 of 2014 SREI EQUIPMENT FINANCE LTD.-VersusGAUTAM AUTOMOBILES PVT.LTD.AP No.271 of 2014 SREI EQUIPMENT FINANCE LTD.-VersusGAUTAM AUTOMOBILES PVT.LTD.Appearance: Mr.S.K.Tiwari, Adv...for the petitioner. Mr.Vipul Kundalia, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 9, 2014. The Court : The parties have resolved their immediate disputes with the respondent forwarding three post-dated cheques covering a part of the amount in default in respect of three agreements. It is also submitted by the petitioner that the fiRs.of the cheques has been encashed upon presentation and the second cheque is due on or about June 30, 2014. In view of the settlement between the parties, A.P.No.270 of 2014 and A.P.No.271 of 2014 are disposed of by restraining the respondents from dealing with or disposing of or alienating or encumbering the assets covered by the two agreements in any...
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