Kolkata Court July 2014 Judgments
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Ganapati Roy Vs. Shriram Transport Finance Company Ltd.
Court: Kolkata
Decided on: Jul-10-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.1015 of 2013 GANAPATI ROY -VersusSHRIRAM TRANSPORT FINANCE COMPANY LTD.AP No.1004 of 2014 GANAPATI ROY -VersusSHRIRAM TRANSPORT FINANCE COMPANY LTD.Appearance: Mr.Gobinda Kar, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 10, 2014. The Court : The petition under Section 34 of the Arbitration and Conciliation Act, 1996 is utterly unmeritorious and completely without basis. The petitioner admits the existence of the agreement and the arbitration clause contained therein. It is the petitioners understanding, or, more appropriately, the understanding of the law of Advocate for the petitioner that an award may be challenged purely on merits as in a regular appeal. It appears that the petitioner had approached the District Consumer Redressal Forum which, without looking left or right, exercised jurisdiction in a matter over which it may have had no authority. The distric...
Prop. of M/S. R.C. Metal Industries Vs. Union of India and Others
Court: Kolkata
Decided on: Jul-10-2014
ORDER WP No.415 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MAHENDRA KUMAR SUTAR, PROP. OF M/S.R.C.METAL INDUSTRIES Versus UNION OF INDIA & OTHERS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 10th July 2014. Appearance: Mr.Arijit Chakraborty, Advocate ...for the petitioner. Mr.R.N. Das, Advocate Mr.Subir Kumar Saha, Advocate ...for respondent No.2. Mr.Kaushik Dey, Advocate ...for respondent No.3. Court: The petitioner Commissioner of Customs reproduction of the has (Port) earlier challenged on the order and the ground no order that reasoning it of the is the has been provided despite the specific order passed by this Court in an earlier writ petition. The order impugned in this writ petition prima facie suggests that the authority has stuck to its earlier order, though this time several events have been recorded therein. It is manifest that the report relating to chemical composition of the sample awaiting. taken from the consignment of the p...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET WP No.623 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAGANNATH SARDAR Petitioner Versus STATE OF WEST BENGAL AND ORS.Respondents BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date : 10th July, 2014. For Petitioner : Mr.Ms.:Mr.Mr.For Respondents The Court : S.P.Jana, Advocate Ujani Pal (Samanta).Advocate Sadananda Ganguly, Advocate Debapratim Banerjee, Advocate None appears on behalf of the respondent Nos.4, 5 and 6 in spite of service of copies of this writ application upon them. No accommodation is prayed for. Let the affidavit of service filed by the petitioner be kept on record. This application is filed by the petitioner alleging inaction on the part of the respondent Nos.5 and 6 in issuing release order to pursue his study in B.Ed. couRs.in academic session 2014-2015 from the University of Calcutta on deputation. According to the petitioner he has been working for gain in the post of Assistant Teacher in Physical Education and...
Standard Pharmaceuticals Ltd. Vs. Khalil Ahmed, Municipal Commissioner ...
Court: Kolkata
Decided on: Jul-10-2014
CC No.93 of 2013 GA No.1260 of 2014 WP No.243 of 2012 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE STANDARD PHARMACEUTICALS LTD.Versus KHALIL AHMED, MUNICIPAL COMMISSIONER, KMC & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th July, 2014. Appearance: Mr.Debal Banerjee, Sr.Advocate Mr.Suman Dutta, Advocate Mr.Sauvik Majumdar, Advocate Ms.Tannistha Lahiri, Advocate Mr.Aniruddha Sinha, Advocate for the petitioner Mr.Aloke Kr. Ghosh, Advocate Mr.Saurav Chowdhury, Advocate for KMC Mr.Arunabho Ghosh, Advocate Mr.Dwaipayan Sengupta, Advocate Mr.Ravi Kumar Dubey, Advocate for respondent No.7 The Court: The primary challenge made by Mr.Debal Banerjee, learned Senior Advocate, to the adjudication dated 20th February, 2014 made by the Municipal Commissioner is that he has merely endorsed the report of the Fire Department. The Commissioner stated I have no option but to... According to Mr.Banerjee, the Commissioner was enjoined with a duty to decide whether t...
Shri Mahesh Kumar Goyal and ors. Vs. the Director of Income Tax (inves ...
Court: Kolkata
Decided on: Jul-10-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Arindam Sinha W.P.No.2013 of 1998 Shri Mahesh Kumar Goyal & ORS.versus The Director of Income Tax (Investigation) & ORS.For the petitioner : Mr.R.N.Dutta, Adv.Ms.Sutapa Roychowdhury, Adv.For the respondent : Mr.R.N.Bandopadhyay, Adv.Heard on : 26.06.2014. Judgment on : 10th July, 2014. Arindam Sinha, J. The petitioners are assessees having income chargeable to tax. It appears that warrants of authorization dated 19th, 21st and 31st August, 1998 were issued under Section 132(1) of the Income Tax Act, 1961. On 21st August, 1998 search and seizure of the office and residential premises of the petitioners were conducted. Articles including cash were seized. A copy of a Panchanama of that date is an annexure to the writ petition. Though the petitioners have challenged the said warrants of authorization, all proceedings of search, seizure and proceedings for retention of the articles, but...
Mps Greenery Developers Ltd Vs. Ots Ltd and ors.
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET GA No.2084 of 2014 GA No.2085 of 2014 APOT No.329 of 2014 CS No.43 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MPS GREENERY DEVELOPERS LTD Versus OTS LTD & ORS.BEFORE: The Hon'ble JUSTICE MR.BANERJEE, ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 10th July, 2014. Appearance: Mr.Mainak Bose with Mr.Rourav Das, Ld. Advocates for the appellant. Mr.Abhrajit Mitra, Sr.Advocate with Mr.Soumava Ghosh and Mr.Nikunj Berlia, Learned Advocate for the respondent. The Court :- This appeal is barred by 56 days. Causes being sufficient, delay is condoned. The appeal is taken up for hearing. The appellant would have a grievance, their application for revocation of leave under Clause 12 was not entertained at the threshold. Hence this appeal. The facts would depict, respondent No.1 filed a suit against the appellant and the other respondents, inter-alia, praying for a money decree to the extent of Rs.1,10,72,220/- for the services rend...
Shri Jagannathji Seva Trust Vs. Asst. Director of Income Tax (Exemptio ...
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET G.A.No.1848 of 2014 W.P.No.1259 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHRI JAGANNATHJ.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 of the sa...
C.i.T.Wbvii Cal. Vs. L.i.C.of India Cal.
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET I.T.A.No.86 of 2000 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T.WB-VII CAL. Versus L.I.C.OF INDIA CAL. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DR. MRINAL KANTI CHAUDHURI Date : 10th July, 2014. Appearance : Mr.M.P. Agarwal, Adv. for the appellant Mr.Atish Dipankar Ray, Adv.Ms.Sanjukta Ray, Adv.The Court : This appeal is directed against the judgement and order dated 7th October, 1999 by which the learned Tribunal agreed with the appellate authority that the judgement of this Court in the case of All India Insurance Employees Association and others versus Union of India (1989) 176 ITR225was in operation when there was an omission on the part of the assessee to deduct tax upon city compensatory allowance. The learned commissioner of appeal took the view that since the law declared by the jurisdictional Court was operative, the assessee cannot be said to have acted illegally in not deducting tax at source. Th...
The Board of Trust. for the Port of Cal. Vs. State of W.B.
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET WP698of 2002 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE BOARD OF TRUST. FOR THE PORT OF CAL. Versus STATE OF W.B.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 10th July, 2014. Mr.S.K.Roy Chowdhury, Adv.Mr.Ashok Kr. Jena, Adv..for the petitioner. The Court: The Board of Trustees for the Port of Kolkata is the petitioner. The Port Trust had let out Outram Ghat Jetty no.-2 to the West Bengal Tourism Development Corporation LTD.to utilise it for the purpose of running a floating bar and restaurant on consideration that a sum of Rs.52,500/- per month be paid as hire charge of the Jetty. It appears that the West Bengal Tourism Development Corporation LTD.being the respondent no.2 entered into an arrangement with the respondent no.4 in the matter of utilization of the said Jetty. The Port Trust was not a party to that arrangement. The respondent no.4 not being able to utilise the said Jetty filed a writ petition in this Court which was disp...
Sarita Ruia Vs. Income Tax Officer, Ward No. 30(3) and ors.
Court: Kolkata
Decided on: Jul-10-2014
ORDER SHEET WP No.624 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SARITA RUIA Versus INCOME TAX OFFICER, WARD No.30(3) & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 10th July, 2014. Appearance : Mr.Saurabh Bagaria, Adv.for the petitioner. Md.Nizamuddin, Adv.for the respondents The Court : Let the affidavit-in-service filed in Court today be kept on record. The petitioner has assailed the letter dated 5th May, 2014 and a notice issued under Section 147 of the Income Tax Act on the ground that the reasons assigned for invoking the extended period of limitation is unsustainable. It is not in dispute that Section 147 of the Income Tax Act bestowed power on the authority to invoke the extended period provided there has been an escapement of assessment. According to the petitioner, she gave loan of Rs.5 lacs to one Pawan Kumar Tibrewala who paid interest up to the year 1999. Since the petitioner maintains the mercantile system of accounting t...
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