Kolkata Court July 2014 Judgments
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Rajendra Kumar Golecha Vs. Commissioner of Income Tax
Court: Kolkata
Decided on: Jul-11-2014
ORDER SHEET I.T.A.No.693 of 2004 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE RAJENDRA KUMAR GOLECHA Versus COMMISSIONER OF INCOME TAX BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DR. MRINAL KANTI CHAUDHURI Date: 11th July, 2014. Appearance: Mr.R.N.Dutt, Adv.Mr.Aloke Ghosh, Adv.Mr.Aniket Mitra, Adv. for the appellant Ms.Asha G. Gutgutia, Adv.Ms.Maitreyee Bhattacharya, Adv. for the respondent The Court: The subject matter of challenge in this appeal is a judgment and order dated 16th July, 2004 by which the learned Income Tax Appellate Tribunal dismissed an application under Section 254(2) of the Income Tax Act, 1961. The aggrieved assessee has come up in appeal. The facts and circumstances of this case briefly stated are as follows: A search and seizure was conducted on 21st April, 1998. Thereafter a notice under Section 158 BC(a)(ii) was issued requiring the assessee to furnish his return on the 15th day from service of the noti...
M/S Mahendra Perfumery Works Vs. the Assistant Controller of Patent an ...
Court: Kolkata
Decided on: Jul-11-2014
IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE AID No.5 of 2009 M/s Mahendra Perfumery Works versus The Assistant Controller of Patent and Designs & Anr. Before: The Honble Justice INDIRA BANERJEE For the Petitioner : Mr.Ranjan Bachawat, Bar at Law & Sr.Adv.Mr.Debnath Ghosh, Adv.For the Respondent Nos.2 : Mr.S.N.Mookherjee, Bar at Law & Sr.Adv.Mr.Ratnanko Banerjee, Bar at Law & Sr.Adv.Judgment on : 11.07.2014 INDIRA BANERJEE, J. : This appeal is against an order dated 29 th May, 2009 passed by the respondent No.1, whereby the application of the applicant for cancellation of the registration of a "box" being No.204030, dated 1 st May, 2006 under the Designs Act has been rejected. The grounds on which cancellation of the impugned design is sought are as follows:- (i) The impugned design had been published in India prior to date of registration. (ii) The impugned design is not new or original. (iii) The impugned design is not registrable under the Designs Act, 2000. (iv)...
Srei Equipment Finance Limited Vs. Genius Buildtech Pvt. Ltd.
Court: Kolkata
Decided on: Jul-10-2014
AP No.61 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED -VersusGENIUS BUILDTECH PVT.LTD.Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.N.Srinivas, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 10, 2014. The Court : It is the admitted position that a sum of Rs.1.29 crore has been paid by the respondent to the petitioner after the institution of the petition. The petitioner has accepted such payment without prejudice to its rights and contentions. Even if the notice of termination was to be disregarded upon the subsequent payment being made, a sum in excess of Rs.55 lakh has now fallen due on account of the monthly instalments. By an order of June 16, 2014 the hirer was afforded a fortnights time to make payment of half of the amount due. Such payment has not been made. The receivers will take steps in terms of the order dated February 25, 2014 to take possession of...
Devshar Fashion Pvt. Ltd. Vs. Diamond Shipping Co Ltd and ors.
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET GA No.1587 of 2014 With CS No.184 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DEVSHAR FASHION PVT.LTD.Versus DIAMOND SHIPPING CO LTD & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th July, 2014. Appearance: Mr.P.Saha, Adv.Mr.A.Mondal, Adv.for the petitioner Ms.Sharmila Basu, Adv.Mr.R.Ganoo, Adv.for the respondent no.2 Ms.Nilanjana Adya, Adv.for the respondent no.5 The Court : It appears from the submissions made that the plaintiff paid the entire amount on account of freight, container charges etc.to Diamond Shipping Company Limited, the fiRs.defendant. They paid in aggregate a sum of Rs.18,98,428/-. Subsequently, the fifth defendant and the second defendant have come into the picture. According to the second defendant, they were to receive Rs.14,51,753/- from the fiRs.defendant to carry out the work which was required to be done by the fiRs.defendant. They have a claim by way of an invoice for this amount. This claim rema...
Shri Nanu Shakti Mandir Seva Trust Vs. Asst. Director of Income Tax (E ...
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET G.A.No.1849 of 2014 W.P.No.1281 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHRI NANU SHAKTI MANDIR SEVA TRUST Versus ASST. DIRECTOR OF INCOME TAX (EXEMPTION).I KOL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 10th July, 2014. Appearance : Mr.A.Sen, Adv. for the pettioner The Court : Despite service there is no appearance on behalf of the respondents. Challenging an order passed under Section 127 of the Income Tax Act, 1961 by the Director of Income Tax (Exemption)-I Kolkata transferring the jurisdiction to the Dy. Commissioner of Income Tax, Circle 1(I) Bhubneswar, the instant writ petition is filed. By an order dated 9th January, 2014, this Court restrained the respondent authority from taking any steps or further steps on the basis of the impugned order. This application is taken out alleging that despite the existence of an order of injunction the Dy. Commissioner of Income Tax, Bhubneswar issued a notice under Section 153A o...
Subhonkar Mondl @ Suvankar Mondal Vs. Tata Motors Finance Ltd
Court: Kolkata
Decided on: Jul-10-2014
GA No.1655 of 2014 APO No.184 of 2014 GA No.1654 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SUBHONKAR MONDL @ SUVANKAR MONDAL Versus TATA MOTORS FINANCE LTD BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th July, 2014. Appearance: Mr.S.Chakraborty, Adv.Mr.P.Sinha, Adv.The Court : This is an appeal from an order passed under Section 17 of the Arbitration and Conciliation Act, 1996, by the arbitrator. On June 13, 2014, the appellant agreed to the finance companys proposal that a sum of Rs.1.10 lakh would be paid on account of the defaulted instalments till the date the possession of the asset was taken over pursuant to the direction of the arbitral tribunal. The appellant says that a sum of Rs.80,000/- would be paid by him in the next two or three days. A cheque bearing the date of June 26, 2014 for Rs.30,000/- has been handed over to advocate for the petitioner in Court today. An affidavit of undertaking has been filed that the cheque would be...
M/S. Sigma Search Lights Ltd. Vs. M/S. Telekrik Electricals (Nagpur) P ...
Court: Kolkata
Decided on: Jul-10-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.240 of 1993 M/S.Sigma Search Lights LTD.versus M/S.Telekrik Electricals (Nagpur) PVT.LTD.& ORS.For the Plaintiff : Mr.Dhruba Ghosh, Advocate Mr.Anupam Dasadhikary, Advocate Mr.Arun Mukherjee, Advocate Heard on : June 09, 2014 Judgment on : July 10, 2014 DEBANGSU BASAK, J.:- The suit was for recovery of goods sold and delivered. A written statement of the Defendant No.1 was found on record. However, none appeared for the Defendant No.1 at the time of hearing of the suit. The plaintiff at the instance of the Defendant No.1 sold and delivered 84 search lights, lamps and control gears to the Defendant No.2. The Defendant No.2 paid the value of the supplies to the plaintiff by demand draft. The Defendant No.1 acted in breach of the arrangement between the plaintiff and the Defendant No.1 necessitating the plaintiff to file the present suit. The plaintiff subseque...
Gayatri Devi Poddar Vs. Commissioner I.Tax, Central Ii
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.283 of 2004 GAYATRI DEVI PODDAR Versus COMMISSIONER I.TAX, CENTRAL - II BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DR. MRINAL KANTI CHAUDHURI Date : 10th July, 2014. For Appellant : For Respondent : Mrs.A.Banerjee with Ms.Priyanka Prasad, Advocates Mr.S.N. Dutta, Advocate The Court : The subject matter of challenge in this appeal is a judgment and order dated 17th December, 2003 by which the learned Income Tax Appellate Tribunal dismissed the appeals preferred by the assessees. One of such assessees is in appeal before us. We are told that the other assessees have also preferred appeals but particulars thereof are not known to the learned advocate appearing for the appellant before us. Therefore, those appeals, if any, would be considered if and when occasion might arise. The grievance of the assessee was with regard to a block assessment for the period between 198...
Manas Factories Combine Pvt. Ltd. and anr. Vs. Select Commodities Priv ...
Court: Kolkata
Decided on: Jul-10-2014
GA No.1871 of 2014 AP No.1255 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MANAS FACTORIES COMBINE PVT.LTD.& ANR. Versus SELECT COMMODITIES PRIVATE LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th July, 2014. Appearance: Mr.Arindam Mukherjee, Adv.Mr.Biswanath Chatterjee, Adv.Mr.Ashis Kumar Mukherjee, Adv.The Court: Sufficient grounds have been made out as to why the petitioner was not represented on February 13, 2014 when AP No.1255 of 2013 was dismissed for default. The order dated February 13, 2014 is recalled and AP No.1255 of 2013 is restored to the file. This restoration application, GA No.1871 of 2014, is allowed as above without any order as to costs. By consent of the parties, AP No.1255 of 2013, which is a petition for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, is taken up for immediate hearing. Two grounds have been urged by the petitioners in challenging the award: that the arbitrat...
M/S. P. Sathian Vs. Hidusthan Steelworks Construction Ltd.
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET EC NO.112 OF2011IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.P.SATHIAN Versus HIDUSTHAN STEELWORKS CONSTRUCTION LTD. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th July, 2014. Mr.P.K.Dutta, senior advocate, Mr.M.Dasappear. Mr.R.KapoorappeaRs.The Court : According to the judgment debtor, which is a Government Company the amount payable by them to the decree holder as on 30th June, 2014, on account of interest, was Rs.38,70,285.98 . I note that further to an order dated 28th January, 2014, the principal amount of Rs.99,69,737/- has already been received by the decree holder from the judgement debtor. But, according to the decree holder the interest claimed as on 30th June, 2014 in terms of the decree is Rs.65,19,163/-. This Court is not equipped to resolve this calculation dispute. Accordingly, I direct the State Bank of India, Middleton Row Branch, Calcutta, banker for the judgement debtor to remit the aforesaid sum from the accoun...
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