Kolkata Court June 2014 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-02-2014
ORDER SHEET CP No.163 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE BINANI CEMENT LTD.And BINANI ENERGY PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 2nd June, 2014. Mr.D.N.Sharma, Adv.for the petitioner Ms.Sima Adhikari, Adv.for Central Government The Court : Several objections have been raised by the Central Government. The fiRs.objection is based on the letter dated 27th March, 2014 issued by the Income-tax Department wherein the Income-tax Department has objected to the demerger on the ground of evasion of tax. It is made clear that in the event any tax is payable by the Power Undertaking of BCL, the same shall be paid by BEPL provided that such payment is in accordance with law. The second objection raised is in respect of the delisting in the Bombay Stock Exchange and National Stock Exchange in May, 2011. BSE in its letter dated 9th May, 2011 has categorically stated that the company has complied with all formalities for voluntary delisting of eq...
C. I. T. Iv, Kolkata Vs. K. N. D. Engineerins Technologies Ltd.
Court: Kolkata
Decided on: Jun-02-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.285 of 2004 C.I.T. - IV, KOLKATA Versus K.N.D. ENGINEERINS TECHNOLOGIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 2nd June, 2014. Appearance: Mr.P.K. Bhowmick, Advocate Mr.N.K. Poddar, Senior Advocate The Court : Mr.Bhowmick, learned Advocate, is present on behalf of the appellant. No one appeared for the respondent. It is an appeal of 2004 which appears to have been admitted on 29th March, 2012. There is, however, nothing to show that any notice of appeal was served. We, by our order dated 16th 2014, directed the department to enlighten us on the subject. The department has furnished a report. The department is directed to produce all the original records on the basis whereof the reported dated 17th May, 2014 was prepared by them. Under Section 147 read with Section 149 of the Income Tax, there is a complete bar prohibiting reopening of...
Modi Projects Limited Vs. Union of India
Court: Kolkata
Decided on: Jun-02-2014
ORDER SHEET A.P.931 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MODI PROJECTS LIMITED Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 2nd June, 2014. Appearance : Ms Kum Kum Das (Dutt).Adv. for the petitioner Mr.Swapan Banerjee, Adv. for the respondent The Court : There is no dispute between the parties as to the existence of the arbitration agreement. There is also no dispute that the petitioner duly wrote to the appointing authority under the general conditions governing railway contracts for the constitution of the arbitral tribunal to adjudicate upon disputes between the parties under the relevant agreement. the Initially, the number of the contract was erroneously indicated in the cause title. After an affidavit was filed by the railways, the petitioner made a prayer for correcting the cause title so that it reflected the appropriate number of the contract executed by the parties. Such prayer was allowed and the...
South Eastern Coalfields Ltd. Vs. Videocon Industries Ltd. and ors.
Court: Kolkata
Decided on: Jun-02-2014
ORDER SHEET APOT No.227 of 2014 GA No.1428 of 2014 CS No.392 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SOUTH EASTERN COALFIELDS LTD.Versus VIDEOCo.INDUSTRIES LTD.& ORS.BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 2nd June, 2014. Appearance: Mr.Sudhakar Prasad, Adv.For the Appellant. Mr.Pratap Chatterjee, Sr.Adv.Mr.Debajyoti Datta, Adv.Mr.Rishad Medora, Adv.Ms.Nirvika Dutta, Adv.Mr.Rajeev Jain, Adv.For the respondents (VideoCo.Industries Limited & Ors.) The Court : - By a judgment and order dated 15th May, 2014 a Division Bench of which one of us (Honble Mr.Justice Arijit Banerjee) was member allowed the appeal and set aside the judgment and order impugned whereby the appellant was restrained from invoking a bank guarantee. On the prayer made on behalf of the respondents, the Division Bench granted stay of operation of the order for a period of three weeks from the date of the said judgment and order i.e.ti...
Nimai Bauri Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jun-02-2014
ORDER SHEET W.P.No.86 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NIMAI BAURI Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 2nd June, 2014. Appearance : Mr.Partha Ghosh, Adv. for the petitioner Mr.Amit Halder, Adv. for the respondent The Court : This is a frivolous petition made after the superannuation of the petitioner, claiming that the petitioners year of birth was 1959 and not 1953 as would be evident from an identity card issued by the employer upon the petitioners appointment in the year 1980. An affidavit has been filed by the Eastern Coalfields Limited. The coal company has also produced the service record card, the service register and the photo medical card alongwith an identity card issued in favour of the petitioner. All the records demonstrate that the petitioners year of birth was 1953. Most of these records bear the signature of the petitioner. It is also not in dispute that the petitioner has rec...
Dankuni Steels Ltd. Vs. Sarat Chatterjee and Co. (Vsp) Pvt. Ltd. and o ...
Court: Kolkata
Decided on: Jun-02-2014
GA No.879 of 2014 GA No.1037 of 2014 with CS No.77 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Dankuni Steels LTD.Versus Sarat Chatterjee & Co.(VSP) PVT.LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date: 2nd June 2014 Appearance: Mr.Dipak Dey, Advocate Mr.D.N. Sharma, Advocate Mr.Arik Banerjee, Advocate The Court: After having heard learned counsel for the parties, the order of the learned Master dated 26th March 2014 is set aside, inasmuch as, he could not have passed an order extending the time to lodge the Writ of Summons with the Sheriff, when the application of the second defendant for dismissal of the suit for failure on the part of the plaintiff to lodge the summons within the stipulated time, was pending in this court. Neither is it understood how the scrutiny of the plaint was kept pending with the Master from 11th March 2013 being the date of filing of the suit till 24th March 2014 when scrutiny was completed. Under Chapter VIII Rules 6 and 8...
Kanhaiya Lal Mehta and ors. Vs. Gemini Barter Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Jun-02-2014
ORDER SHEET APO No.369 of 2013 ACO No.187 of 2013 With CP No.106 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction KANHAIYA LAL MEHTA & ORS.Versus GEMINI BARTER PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 2nd June, 2014. Mr.Jishnu Saha, Mr.Sakya Sen, Mr.Rajarshi Dutta, Mr.Sayantan Bose for appellants. Mr.Kuldip Mallik, Ms.D.Dutta for respondent no.1. Mr.Deepnath Roy Chowdhury, Mr.Debanik Banerjee for respondent nos.4 and 5. The Court : This 10F appeal has been filed from order dated 30th August, 2013. By the said order the applicants therein were added as parties. The said appeal has been filed after the appellants herein have carried out the said order by amending the cause title of the 397, 398 petition and forwarding the said amended cause title to the added respondents under cover of letter dated 17th September, 2013. An appeal under 10F of the 1956 Act is to be filed within 60 days and such 60 days expired on 30th October, 2013. It was thereafter on ...
Welfare Association and ors. Vs. Board of Trustees for
Court: Kolkata
Decided on: Jun-02-2014
WP No.998 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction KOLKATA PORT TRUST RETD. OFFICERS WELFARE ASSOCIATION & ORS.Versus BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 2nd June, 2014. Appearance: Mr.Chayan Gupta, Adv.Mr.Arunava Ghosh, Adv.The Court : The grievance in the petition is that the petitioners who have retired prior to April 1, 2004 have been discriminated against by the employer, the Port Trust, in the petitioners pension being delayed and there being considerable uncertainty regarding the payment thereof while the pension of employees of the Port Trust who have retired subsequent to April 1, 2004 is being paid by the Life Insurance Corporation of India (LIC) pursuant to an arrangement between Port Trust and LIC. However, it is not the petitioners case that the petitioners are being paid less pension than the employees of Port Trust who have retired after April 1, 2004. The petitioners say that th...
Shiw Prakash Kajaria Vs. Jugal Kishore Kajaria
Court: Kolkata
Decided on: Jun-02-2014
GA No.201 of 2006 GA No.202 of 2006 GA No.203 of 2006 GA No.3815 of 2005 GA No.868 of 2012 CS No.9 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHIW PRAKASH KAJARIA Versus JUGAL KISHORE KAJARIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 2nd June, 2014. Appearance: Mr.Debnath Ghosh, Adv.Mr.Avijit Dey, Adv..for the plaintiff. Mr.Rajesh Upadhyay, Adv..for the defendant Nos.4 & 9 The Court : This is a suit for partition and administration pending for a considerable period of time as, true to the prevailing fashion, there is only interest in interlocutory applications and no interest in the final hearing of suits. One or more of the parties had given an impression earlier that this suit was inextricably connected with a suit filed in the year 1978 in which an application for amendment of the written statement filed by one of the defendants to retract an admission was disallowed by the single Bench, which decision was reversed in appeal; wi...
Shanti Lal Mehta and anr. Vs. Rasika Advisory Services Pvt. Ltd. and o ...
Court: Kolkata
Decided on: Jun-02-2014
ORDER SHEET APO No.370 of 2013 ACO No.188 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction SHANTI LAL MEHTA & ANR. Versus RASIKA ADVISORY SERVICES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 2nd June, 2014. Mr.Jishnu Saha, Mr.Sakya Sen, Mr.Rajarshi Dutta, Mr.Sayantan Bose for appellants. Mr.Kuldip Mallik, Ms.D.Dutta for respondent no.1. Mr.Deepnath Roy Chowdhury, Mr.Debanik Banerjee for respondent nos.4 and 5. The Court : This 10F appeal has been filed from order dated 30th August, 2013. By the said order the applicants therein were added as parties. The said appeal has been filed after the appellants herein have carried out the said order by amending the cause title of the 397, 398 petition and forwarding the said amended cause title to the added respondents under cover of letter dated 17th September, 2013. An appeal under 10F of the 1956 Act is to be filed within 60 days and such 60 days expired on 30th October, 2013. It was thereafter on 1st November,...
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