Kolkata Court July 2014 Judgments
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Kamalalaya Centres Shop and Office Owners Association Vs. Nandalal Rat ...
Court: Kolkata
Decided on: Jul-14-2014
1 ORDER SHEET APO No.161 of 2014 CS No.174 of 2002 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KAMALALAYA CENTRES SHOP AND OFFICE OWNERS ASSOCIATION Versus NANDALAL RATHI & ANR BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th July, 2014. Appearance: Mr.Raja Basu Chowdhury with Ms.Amrita Pandey And Mr.Manabendra Thakur, ld. Advocates For the appellant. Mr.Jayanta Banerjee, Mr.Supriyo Saha Ld. Advocates for the respondent. The Court The respondents filed a suit for defamation, admittedly after one year period. The facts would reveal, in a housing society the respondents were the membeRs.They were removed from the membership that caused annoyance to the plaintiffs and the plaintiffs would contend, they were defamed hence, filed the suit, inter-alia, praying for damage to the extent of Rs.15 lac coupled with a prayer for perpetual injunction restraining the appellants from continuing to malign. The suit...
Tron Videotix Pvt Ltd Vs. Gauri Ganesh Infrastructure Pvt Ltd
Court: Kolkata
Decided on: Jul-14-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ACO1152014 ACO1162014 APOT3302014 CP1972014 TRON VIDEOTIX PVT LTD Versus GAURI GANESH INFRASTRUCTURE PVT LTD With ACO1172014 ACO1182014 APOT3312014 CP1982014 TRON VIDEOTIX PVT.LTD.Versus GAURISUTA BUSINESS PVT.LTD.BEFORE: The Hon'ble MR.BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th July, 2014. Mr.Jishnu Chowdhury, Advocate Mr.Chayan Gupta, Advocate Mr.V.Bose, Advocate Advocate for the appellant. Mr.Anuj Singh, Advocate for the respondent. The Court : The fiRs.appeal is barred by three days. Causes shown being sufficient, delay is condoned. The appeals are taken on record. These appeals would relate to an order of admission of a winding-up proceeding passed by the learned Company Judge on May 16, 2014. The facts reveal, the respondent lent and advanced a sum of Rs.60 lakhs each in both the appeals paid to the appellant in 2011. The appellant failed and neglected to pay d...
Harbinder Kaur Vs. L and T Finance Ltd. and anr.
Court: Kolkata
Decided on: Jul-14-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO1312014 AP2722013 AND APO1322014 AP942013 HARBINDER KAUR Versus L & T FINANCE LTD.& ANR. BEFORE: The Hon'ble MR.BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th July, 2014. Mr.Shyamal Chakraborty, Advocate Ms.S.Bhattacharya, Advocate Advocate for the appellant. Mr.Samrat Sen, Senior Advocate Mr.Paritosh Sinha, Advocate for the respondent. The Court : This appeal had a chequered career. The appellant might have suffered a misery. Yet, he is not on the right track. The appellant is the ill-fated mother of one Ramneek Singh who availed financial support from the respondent. As per the agreement, the amount repayable was Rs.61.9 lakhs. By such credit support, he purchased one excavator and one rock breaker. The borrower could not repay resulting in dispute. The respondent referred the issue to the Arbitrator. As per the agreement the arbitrator was to hold sitting at Mumbai...
Pilcom Vs. Commissioner of I.Tax (Central Ii) Kol.
Court: Kolkata
Decided on: Jul-14-2014
ORDER SHEET ITA No.747 OF2004IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE PILCo.Versus COMMISSIONER OF I.TAX (CENTRAL - II) KOL. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DR MRINAL KANTI CHAUDHURI Date : 14th July, 2014. Mr.J.P.Khaitan, Sr.Adv.led by Mr.R.N.Bajoria, Sr.Adv.With Mr.Agnibesh Sengupta, Adv.and Mr.Raj Kumar Basu, Adv.For the Appellant Mr.Ranjan Sinha, Adv.for the Respondent The Court : This appeal is directed against a judgment and order dated 28th May, 2004 by which the learned Tribunal dismissed the appeal holding as follows: 9. ITA Nos.2411 & 2412 (KOL)/2002 These two appeals have been filed by the PILCo.against the order of the CIT(A) upholding the orders of the AO passed under section 163 of the Act treating PILCo.as agent of the aforesaid two non-residents, viz., (1) GGB and (2) LCI. 9.1 We have heard both the parties and have perused the order of the authorities below. 9.2 Similar issue was involved in ITA N...
Vck Share and Stock Broking Services Limited Vs. Bank of Rajasthan Lim ...
Court: Kolkata
Decided on: Jul-11-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION (ORIGINAL SIDE) Present : The Honble Justice Nadira Patherya G.A.No.3115 of 2011 C.S.No.129 of 1999 VCK SHARE & STOCK BROKING SERVICES LIMITED VERSUS BANK OF RAJASTHAN LIMITED For the Petitioner : Mr.Surajit Nath Mitra, Adv., Ms.Nirmalya Mohan Bhattacharjee, Adv., Ms.Brajesh Jha, Adv.Mr.Bani Israil, Adv.For the Defendant : Mr.Tilok Bose, Sr.Adv., Mr.Sudip Deb, Adv., Mr.Syed Ali Murshed, Adv.Heard on : 7.8.13 & 14.8.13. Judgment on : 11th July, 2014. Patherya, J. : This application has been filed by the plaintiff for amendment of the plaint, as the Bank of Rajasthan has been taken over by the ICICI Bank, therefore, ICICI Bank be substituted in place and stead of the Bank of Rajasthan. Besides the aforesaid the plaintiff also seeks further amendment in respect of accrual and dividends. The case of the plaintiff petitioner is that in 1999 a suit was filed challenging the unauthorized sale of shares by the defendant. In pro...
Mr. Arnab Basu and ors. Vs. Monginis Foods Pvt. Ltd.
Court: Kolkata
Decided on: Jul-11-2014
TA No.118 of 2014 CS No.236 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Mr.ARNAB BASU & ORS.Versus MONGINIS FOODS PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th July, 2014. Appearance: Mr.S.N.Mookerji, Sr.Advocate Mr.R.Bachawat, Advocate Mr.Rudraman Bhattacharya, Advocate Mr.Sayan Roychowdhury, Advocate Mr.P.Sinha, Advocate Mr.K.K.Pandey, Advocate Ms.Manisha Gupta, Advocate The Court: Two original affidavits of service have been filed in court today together with one copy affidavit of service. The original is its way from Mumbai. Mr.S.N.Mookerji, learned Senior Advocate for the plaintiff, submits that the application sent by Speed Post has been accepted by the defendant. A copy of the letter intimating the interim order to the defendant, was refused by them. None appears for the defendant. Leave is given to the Advocate on record for the plaintiffs to send a copy of the plaint to the defendant. Further submissions were made today...
Aatreyee Majumder Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-11-2014
ORDER SHEET WP No.524 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AATREYEE MAJUMDER Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 11th July, 2014 Mr.Joydip Kar, Sr.Adv.with Mr.Sourav Kumar Mukherjee, Adv.Mr.S.Sengupta, Adv..for the petitioner Mr.Ayan Banerjee, Adv..for the respondents Collector is defined in Section 2(9) of the Indian Stamp Act, 1899 (hereafter the Act) as follows: (9) Collector (a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, Madras and Bombay, respectively, and, without those limits, the Collector of a district; and (b) includes a Deputy Commissioner and any officer whom [the [State Government].].may, by notification in the Official Gazette, appoint in this behalf. Mr.Banerjee, learned advocate for the State has produced before this Court a notification dated 11th April, 2000 issued by the Finance Department, Government of West Bengal whe...
Bidhan Nirman Pvt. Ltd. Vs. Dutt and Co.Pvt.Ltd. and ors.
Court: Kolkata
Decided on: Jul-11-2014
ORDER SHEET C.S.No.99 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BIDHAN NIRMAN PVT.LTD.Versus DUTT & CO.PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th July, 2014. Appearance : Mr.Pramit Roy, Senior Adv. for the petitioner The Court : The suit was for eviction and recovery of arrears of rent and mesne profit. The plaintiff claimed eviction of the defendants on the ground of expiry of the period of lease. The plaintiff had granted lease of the suit property to the defendants by a registered deed of lease dated August 6, 1962 for twenty yeaRs.The plaintiff did not renew the lease for the further agreed period. During the pendency of the suit by various interim orders the defendants were required to pay monthly occupation charges as well as the municipal rates and taxes to the Advocate-on-Record for the parties. 2 The plaintiff produced various documents and one witness on its behalf. The defendants filed one written state...
Sarveshwari Mining (P) Ltd. Vs. the Official Liquidator, High Court, C ...
Court: Kolkata
Decided on: Jul-11-2014
CA No.891 of 2010 CP No.580 of 2000 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE In the matter of: THE SUTNA STONE & LIME Co.LTD.[IN LIQN.].And In the matter of: SARVESHWARI MINING (P) LTD.Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th July, 2014. Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.Subrata Dutta, Advocate Ms.Kuheli Sinha, Advocate Ms.Sumana Sinha, Advocate Mr.Ravi Kapur, Advocate Mr.A.Kanodia, Advocate Mr.Ruma Sikdar, Advocate The Court: This application is adjourned till 29th August, 2014. As suggested by Mr.Kapur, learned Advocate, the District Magistrate cum Collector will hold a meeting with necessary parties with regard to the 10% land which is under the occupation of unauthorised occupieRs.Minutes have to be prepared and a report to be filed by the District Magistrate and Collector before the returnable date as to what action has been taken and proposed to be taken in compliance with the exis...
State Bank of India Vs. Union of India,
Court: Kolkata
Decided on: Jul-11-2014
AP No.1047 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction STATE BANK OF INDIA Versus UNION OF INDIA, THROUGH THE GENERAL MANAGER, EASTERN RAILWAY BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 11th July, 2014. Appearance: Mr.Abhrojit Mitra, Sr.Adv.Mr.Chayan Gupta, Adv.Mr.Ashok Chakraborty, Sr.Adv.Ms.Aparna Banerjee, Adv.The Court : The petitioner herein is the State Bank of India, no less. Disputes have arisen between the State Bank of India and the railways pertaining to use of space on railway platforMs.Agreements were entered into between the parties for setting up of kiosks for electronic ticketing and for ATM machines. The petitioner found the ATM machine business on railway platforms profitable but found few users for the eticketing kiosks. The petitioner wanted to surrender the e-ticketing kiosks and retain the ATM counteRs.The petitioner wanted additional space for more ATM counteRs.The railways claim that since the e-ticketing kiosks were a part...
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