Kolkata Court June 2014 Judgments
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Jay Plywood Industries Pvt. Ltd. Vs. Associated Aesby Industries Pvt. ...
Court: Kolkata
Decided on: Jun-09-2014
GA No.3622 of 2013 CS No.409 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Jay Plywood Industries PVT.LTD.Versus Associated Aesby Industries PVT.LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date: 9th June 2014 Appearance: Mr.Jishnu Saha, Sr.Advocate Mr.A.Singh, Advocate Mr.S.E. Huda, Advocate for the petitioner Mr.S.Roy, Advocate for respondent Nos.1 The Court: The plaintiff is the lessee of the subject property under the fiRs.defendant. This defendant was indebted to the second defendantbank with which the property was charged. A meeting was held on 26th March 2007 between the bank, the plaintiff and the fiRs.defendant. The plaintiff would purchase the subject property comprising of 0.99 decimal of land at Mouza Noa Para, No.6, Nama Sudra Para Lane, Kolkata 700090 from the fiRs.defendant at a price of Rs.40 lakhs. The consideration would be paid directly to the bank as mentioned in the minutes of the said meeting being annexure G at page 44 of the pet...
Colliery Mazdoor Sabha and anr. Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jun-09-2014
1 WP562of 2007 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE COLLIERY MAZDOOR SABHA & ANR. VERSUS COAL INDIA LTD.& ORS.BEFORE : THE HONBLE JUSTICE SOUMEN SEN DATE : 9TH JUNE,2014. For the petitioners : Mr.Partha Ghosh,Advocate Mr.Shamik Chatterjee,Advocate For the respondents : Mr.Susanta Pal,Advocate Mr.P.Basu,Advocate THE COURT :- The writ petition is at the instance of Colliery Mazdoor Sabha Trade Union ventilating the grievance of its members in not receiving variable dearness allowances in the piece rated portion. It is stated that a large number of members of the trade union are trammer and Time Cum Piece Rated Employees who are getting fixed basic, variable trade union allowances, special dearness allowance, underground allowance and other benefits as per fixed basis in the time rated portion only, but in respect of piece rated portion there are fixed target for tramming and if they perform better and act over and above the fixed target, then they would be entitled to extra paymen...
The Peerless General Finance and Invest. Vs. C.i.T. W.B. Iii
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.304 of 2003 THE PEERLESS GENERAL FINANCE & INVEST. Versus C.I.T.W.B.- III BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 9th June, 2014. For Appellant : For Respondent : Mr.S.Bagchi with Mr.G.R. Sharma, Advocates Md.Nizumuddin, Advocate The Court : Mr.Bagchi, learned advocate appearing for the appellant, very fairly submitted that the fiRs.question admitted by this Court on 26th September, 2005 has already been decided against his client. Therefore, he did not press the same. Accordingly, the fiRs.question is answered against the assessee. He, however, made some submissions with regard to the second question formulated on 26th September, 2005, which reads as follows: Whether on the facts and in the circumstances of the case the Tribunal failed to appreciate that the assessees claim for deferred liability of Rs.120.39 lakh as an alternative claim ...
C.i.T.Wbi Cal. Vs. Chloride Industries Ltd.
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.326 of 2000 C.I.T.WB-I CAL. Versus CHLORIDE INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 9th June, 2014. For Appellant : For Respondent : Mr.P.K. Bhowmick, Advocate Mr.J.P. Khaitan, Senior Advocate with MRS.Nilanjana Banerjee (Pal).Advocate The Court : This appeal is directed against the judgment and order dated 15th March, 2000 passed by the learned Income Tax Appellate Tribunal. The appeal was admitted by an order dated 1st February, 2001. There is a consensus at the bar that except for the following two questions, rest of the questions are already covered by our judgement delivered today in ITA206of 2000. The questions, which now require consideration, are as follows: (i) Whether on the facts and circumstances of the case the Income Tax Appellate Tribunal has legally interpreted the rule 6D of the Income Tax Rule 1962 and also...
C.i.T.W.Bi Calcutta Vs. Chloride Industries Ltd
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET ITA2062000 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE C.I.T.W.B-I CALCUTTA Versus CHLORIDE INDUSTRIES LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 9th June, 2014. Appearance : Mr.S.N.Dutta, Advocate for the appellant. Mr.J.P.Khaitan, Senior Advocate for the respondent. The Court : The appeal was admitted on 19th June, 2000. The following three questions were framed : (a) Whether on the facts and in the circumstances of the case the finding of the I.T.A.T was justified in deleting addition on account of incentive wages, undervaluation of closing stock, deduction under Section 80HHC of the Income-Tax Act, 1961 as well as contribution to Staff Recreation Club?. (b) Assessment year 1988-89 whether on the facts and in the circumstances of the case the I.T.A.T.was justified in deleting addition on account of under valuation of closing stock due to MODVAT?. (c) Whether on the facts and in the ci...
Ai Champdany Industries Limited Vs. Bharat Petrolium Corporation Limit ...
Court: Kolkata
Decided on: Jun-06-2014
ORDER GA No.3284 of 2002 CS No.339 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AI CHAMPDANY INDUSTRIES LIMITED Versus BHARAT PETROLIUM CORPORATION LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 6th June 2014. Appearance: Mr.Abhijit Guha Roy, Advocate Mr.S.E. Huda, Advocate ...for the plaintiff/petitioner. Mr.Sanjib Kumar Mal, Advocate Mr.Bimalendu Das, Advocate ...for the defendant. COURT: The plaintiff has instituted a suit for recovery of a sum of Rs.15,36.035.15 on the ground that although the plaintiff has from time to time deposited various sums of money with the defendant for supply of the goods, the defendant has failed and neglected to supply goods worth Rs.8 lakh and odd and by reason of failure on the part of the defendant to refund the said amount, the plaintiff has added interest @18% per annum to Rs.8,62,622.15 being the principal claim of the plaintiff as on 10th March 1998. The plaintiff has filed the instant application for summary j...
Asim Kumar Dutta Vs. Official Liquidator, High Court,
Court: Kolkata
Decided on: Jun-06-2014
ORDER SHEET CA No.512 of 2013 CP No.91 of 1973 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : NATOBAR DUTTA PROPERTIES P. LTD.(IN LIQN.) AND IN THE MATTER OF : ASIM KUMAR DUTTA VS OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 6th June, 2014. Mr.Dhruba Ghosh, Mr.Debasish Ghose, Adversus for Mr.Amit Kumar Dutta Mr.Mantha Rajshekar, Mr.Arindam Moitra, Adversus for Asim Kumar Dutta Mr.Moinak Bose, Mr.P.Das, Adversus for respondent No.2 MRS.Smita Das De, Adv.for O/L The Court : By this application the applicant herein seeks recall or modification of the order dated 14th June, 2013. The case of the applicant is that the company (in liquidation) is the owner of several properties and the dispute which has arisen in this application is in respect of one of the properties namely, 14B Amritlal Bose Street, Kolkata. Premises Nos.14A and 14B, Amritlal Bose Street is comprised as one single unit. This has also been ...
Girish Chandra Ojha Vs. Calcutta Safe Deposit Co. Ltd.
Court: Kolkata
Decided on: Jun-06-2014
ORDER SHEET CC No.99 of 2013 With CS No.164 of 2004 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction (Contempt) ORIGINAL SIDE GIRISH CHANDRA OJHA Versus CALCUTTA SAFE DEPOSIT Co.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th June, 2014. Appearance: Mr.Ahin Choudhury, Sr.Adv.Mr.Mainak Bose, Adv.Ms.D.Adhikary, Adv.Mr.Dhruba Ghosh, Adv.Mr.Joy Saha, Adv.Mr.Tushar S. Thakker, Adv.Mr.Sudeep Sanyal, Adv.Ms.Lopamudra Maitra, Adv.Mr.B.Basu Mallick, Adv.The Court : After considering the affidavits filed by the respective parties excepting for the contemnor Nos.4 and 5, it appears that each of the contemnors has violated the order dated March 4, 2005 passed by Justice Bhaskar Bhattacharya (as His Lordship then was) before his lordships elevation as the Chief Justice of Gujarat High Court, by which all the parties including the plaintiff were restrained from dealing with, disposing of or alienating the shares of respondent no.1 in any manner, till the disposal of the suit. 2 The con...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-06-2014
ORDER SHEET CA No.321 of 2014 With CP No.40 of 2009 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : M/S.APARNA LIGHTNING INDIA PVT.LTD.AND DEEPAK KUMAR GUPTA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 6th June, 2014. Mr.Prasenjit Burman, Ms.Puja Beriwal, Mr.S.Bera for purchaser. Mr.Victor Dutta for State Bank of India. Mr.B.Mohanty, O.L.appeaRs.The Court : Sale was confirmed in favour of the applicant by order dated 28th March, 2014. The fiRs.instalment of Rs.1 crore was paid by 31st March, 2014 and part payment of the second instalment was made. By this application the purchaser seeks to make payment of the balance of the second instalment by 31st May, 2014 and seeks an extension till 31st July, 2014 to make payment of the entire purchase price. On seeking the presence of the purchaser it now transpires that the purchaser is somewhere in MosCo.and is a nonresident Indian whose address is also not known to Court. All that has been given is that he is a resident ...
Reckitt Benckiser India Ltd. Vs. Kanak Projects Ltd. and ors.
Court: Kolkata
Decided on: Jun-05-2014
ORDER SHEET GA No.961 of 2014 APD No.153 of 2010 With CS No.206 of 2003 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RECKITT BENCKISER INDIA LTD.Versus KANAK PROJECTS LTD.& ORS.BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE The Hon'ble JUSTICE SHIB SADHAN SADHU Date : 5th June, 2014. Appearance: Mr.Moloy Kr. Ghosh, Sr.Advocate .for the Appellant Mr.Jishnu Saha, Sr.Advocate for the Respondent No.1. The Court : By consent of parties service of notice of this application on the respondent no.2 is dispensed with. By consent of Mr.Moloy Ghosh, learned senior advocate appearing in support of this application and Mr.Jishnu Saha, learned senior advocate appearing on behalf of the respondent, this application, although appearing under the heading to be mentioned is taken up for hearing. By order dated April 19, 2010, the Division Bench of this Court, inter alia, passed an interim order restraining the respondent no.1 from executing the decree on condition that th...
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