Kolkata Court June 2014 Judgments
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C.i.T. Central I Vs. Hindustan National Glass and Industries.
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET I.T.A.114 OF2005IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T.CENTRAL - I Versus HINDUSTAN NATIONAL GLASS & INDUSTRIES. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 27th June, 2014. Appearance : Ms.Asha G. Gutgutia, Adv. for the appellant Mr.J.P. Khaitan, Sr.Adv.Mr.Pranit Bag, Adv.Mr.P.Jhunjunwala, Adv.Mr.C.S.Das, Adv. for the respondent The Court : The subject matter of challenge in this appeal is a judgement and order dated 24th May, 2004 passed by the learned Income Tax Appellate Tribunal allowing an appeal preferred by the assessee against an order passed by the C.I.T.under Section 263 of the Income Tax Act. Briefly stated, the facts and circumstances were that the assessee in respect of the closing stock lying in its factory did not pay any excise duty nor in valuing its closing stock include the excise duty payable with respect thereto. The C.I.T.(Appeals) was of the opinion that: Whe...
Man Singh Baid Vs. Chhata Singh Baid and ors.
Court: Kolkata
Decided on: Jun-26-2014
ORDER SHEET G.A.No.1415 of 2014 With C.S.No.489 of 1988 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE MAN SINGH BAID Versus CHHATA SINGH BAID & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 26th June, 2014. Appearance: Mr.Malay Kr. Ghosh, Sr.Adv.MRS.Suparna Mukherjee, Adv.Miss. Aiman Abdullah, Adv.Mr.Sounik Ghosh, Adv. for the plaintiff Mr.Dhruba Ghosh, Adv.Mr.Bajrang Manot, Adv. for Chhata Singh Baid Ms.Monju Agarwal, Adv. for the defendant no.8 The Court: The application was for amendment of the plaint consequent to the death of the parties during the pendency of the suit. The original plaint could not be traced out in the Department. Parties died during the pendency of the proceeding and consequent to the death, orders were passed from time to time recording death of such parties and directing consequential amendments. It was not known as to whether such amendments as directed were ultimately carried out on the records or not inasmuch as the...
Bhartia Steel and Enng. Co. Pvt. Ltd. Vs. Dina Nath Parolia and anr.
Court: Kolkata
Decided on: Jun-26-2014
ORDER SHEET G.A.No.1904 of 2014 With E.O.S.No.58 of 1987 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BHARTIA STEEL & ENNG. Co.PVT.LTD.Versus DINA NATH PAROLIA & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 26th June, 2014. Appearance: Mr.Arindam Mukherjee, Adv.Mr.A.K.Awasthi, Adv. for the plaintiff Mr.Pratik Prokash Banerjee, Adv.Md.Yasin Ali, Adv.MRS.Mamata Khatun, Adv. for the respondents The Court: By the present application the defendants sought to disclose further documents. The suit was of 1987. The examination-in-chief of the witness of the plaintiff was concluded on June 2, 2014. The defendants were not represented then. Thereafter the defendants applied for an opportunity to crossexamine the witness of the plaintiff. Such application was allowed on June 14, 2014. Thereafter the present application was made ostensibly for the purpose of disclosing further documents. I have considered the rival contentions of the parties and the mate...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-26-2014
ORDER SHEET CP No.815 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE RE; M/S.JESSOP & COMPANY LTD.AND M/S.LALBABA INDUSTRIAL CORPORATION PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 26th June, 2014. Mr.Supratim Laha, Adv.with Mr.Shantanu Saha, Adv., ..for Petitioning creditor. Mr.Abhrajit Mitra, Adv.with Mr.Nirmalya Dasgupta, Adv..for the company. The Court :-This application on the ground of suppression of material facts is dismissed. The conciliation reference was filed before Facilitation settlement the West Council was Bengal by reached State the and Micro petitioning it was & Small Enterprises creditor mutually agreed herein. that A the outstanding sums would be paid in instalments of Rs.5,00,000/- per month on and from April, 2011. Payments were made and as reflected in the statutory notice dated 04.06.2013 a sum of Rs.68,81,398/became due and payable by the company to the petitioning creditor. Statutory notice though received by the company no reply was given thereto...
Rabindra Kumar Bhalotia Vs. Union of India and anr.
Court: Kolkata
Decided on: Jun-26-2014
ORDER SHEET TA No.98 of 2014 With CS No.206 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RABINDRA KUMAR BHALOTIA Versus UNION OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th June, 2014. Appearance: Mr.S.N. Mookherji Sr.Adv.Mr.Jishnu Saha Sr.Adv.Mr.Joyjit Ganguly, Adv.Mr.Soorjya Ganguli, Adv.Mr.Rishav Banerjee, Adv..for the plaintiff. Mr.L.K.Chatterjee Sr.Adv.Ms.Aparna Banerjee, Adv..for the U.O.I.The Court: The following orders are, inter alia, prayed for in this interim application. a) An Order of injunction restraining the Defendants and/or each of them and/or their men agents and subordinates from giving any effect or further effect to or from taking any step or further steps pursuant to the impugned decisions of the Defendant no.2 dated 12th November 2013, 6th January 2014 and 8th May 2014 against the plaintiff. b) Stay of operation the impugned decisions of the Defendant no.2 dated 12th November 2013, 6th January 2014 ...
infinity Infotech Parks Ltd. Vs. Pritish Mario Basu
Court: Kolkata
Decided on: Jun-26-2014
ORDER SHEET CP No.22 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE INFINITY INFOTECH PARKS LTD.Versus PRITISH MARIO BASU BEFORE: The Hon'ble JUSTICE PATHERYA Date : 26th June, 2014. Mr.Supratim Laha, Adv.for the petitioner Mr.Raj Ratna Sen, Mr.A.P.Gomes, Mr.A.Jain, Adversus for the company The Court : In this winding up petition a claim has been made for sums advanced by the petitioning creditor to the company. The case of the petitioning creditor is that the parties had agreed to set up a restaurant in Infinity Infotech Parks LTD.Building at Sector V, Salt Lake City. Kolkata. The contribution of the company was to the extent of letting out space for such restaurant and the contribution of the petitioning creditor was to use its expertise for setting up the restaurant. In May, 2013 a sum of Rs.26,92,000/- was advanced by the petitioning creditor to the company as token money. Subsequently it transpired that the company was unable to give proper drainage at ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET CP NO.45 OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : UNIT CONSTRUCTION COMPANY PVT.LTD.AND M/S.JYOTI UDYOG BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th June, 2014. MR.AMITAVA DEB, ADVOCATE FOR PETITIONING CREDITOR MR.ANIRBAN RAY, MR.AIMAN ABDULLAH, MS.S.CHATTERJEE, ADVOCATES FOR COMPANY The Court : By order dated 7th May, 2013 the company was directed to pay Rs.30 lakhs inclusive of interest and costs in ten equal monthly instalments. FiRs.instalment was to be paid on and from 1st June, 2013 but the said payment could not be honoured by the company in time. The payment of Rs.6 lakhs has been made belatedly. Therefore, the agreement between the parties has failed and interest on the balance sum must be applied. Accordingly, let C.P.No.45 of 2013 be admitted for the sum of Rs.22,62,356/- which is the amount payable on account of principal by the company to the petitioning creditor after being given credit for Rs.6 lakhs paid ...
Mr. Madhusudan Sarkar, Mr.D.Dutta Ad Vs. ...for the Applicant in Cp No ...
Court: Kolkata
Decided on: Jun-25-2014
IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CP No.468 of 2009 BENGAL WATERPROOF LTD.-AndMALVIKA SYNTHETICS (P) LTD.CP No.299 of 2010 BENGAL WATERPROOF LTD.-AndJET AGE FINANCE PVT.LTD.CP No.311 of 2010 KLASSIC APARTMENT PVT.LTD.-AndBENGAL WATERPROOF LTD.CP No.11 of 2011 BENGAL WATERPROOF LTD.-AndM/S.VISHWA ENTERPRISE. CP No.12 of 2011 BENGAL WATERPROOF LTD.-AndM/S.TIRUPATI ENTERPRISES. CP No.14 of 2011 BENGAL WATERPROOF LTD.-AndSAVITA BHARTIA. CP No.158 of 2011 BENGAL WATERPROOF LTD.-AndM/S.CROMPTON INDUSTRIAL & CHEMICAL COMPANY. CP No.566 of 2011 CA NO.353 OF2013BENGAL WATERPROOF LTD.-AndINDRAJIT BALL. CP No.199 of 2012 BENGAL WATERPROOF LTD.-And- M/S.STAR CREDIT PVT.LTD.CP No.252 of 2012 BENGAL WATERPROOF LTD.-AndANSUYA J. DOSHI. CP NO.238 OF2013BENGAL WATERPROOF LTD.AND JAI BOTHRA (HUF) CP NO.257 OF2013BENGAL WATERPROOF LTD.AND ANAITA BOTHRA CP NO.258 OF2013BENGAL WATERPROOF LTD.AND ANUJ BOTHRA CP NO.331 OF2013M/S.BENGAL WATER PROOF LTD.AND SMT.PAYAL SINGHANIA C...
Shyam Kumar Jaiswal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET GA No.1441 of 2014 APOT No.226 of 2014 With WP No.34 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHYAM KUMAR JAISWAL Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 25th June, 2014 Appearance: Mr.Arup Krishna Das, Adv..for the appellant Md.Fazul Haque, Adv..for the KMC This application has been filed in connection with the appeal preferred from the order dated 31st March, 2014 whereby a Learned Judge of this Court passed the impugned order under appeal vacating the interim order passed earlier by the said Learned Judge. Going through the impugned order under appeal, we find that the learned Single Judge vacated the interim order since the appellant/petitioner herein did not pay the dues in compliance with the earlier direction of the said learned Judge. Now, it is not in dispute that the appellant/petitioner has deposited the entire dues as direct...
Prasad Chandra Paul Vs. Sinha Multilevel Marketing Pvt.Ltd.
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET GA18652014 APOT3012014 AP7182014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PRASAD CHANDRA PAUL Versus SINHA MULTILEVEL MARKETING PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th June, 2014. Mr.Dipak Basu, Senior Advocate Mr.Ataur Rahman, Advocate for the appellant. Mr.Arindam Mukherjee, Advocate Mr.Saurabh Maitra, Advocate Mr.Gaurav Purkayastha, Advocate for the respondent The Court : The Division Bench had the occasion to deal with the subject controveRs.when the Division Bench asked the appellant to pay off the principal dues and permitted the respondent to accept the same without prejudice to their rights and contentions in the arbitration proceeding. We are told, the appellant duly paid the initial amount as well as further instalments. Two instalments are due. They have not defaulted. The respondent, however, is proceeding with their criminal complaint that they made before the learn...
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