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Kolkata Court July 2014 Judgments

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Jul 10 2014

Apurvam Trade Links Pvt. Ltd. Vs. C.i.T. Central Iii Kolkata

Court: Kolkata

Decided on: Jul-10-2014

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.351 of 2004 APURVAM TRADE LINKS PVT.LTD.Versus C.I.T.CENTRAL - III KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DR. MRINAL KANTI CHAUDHURI Date : 10th July, 2014. For Appellant For Respondent : : Mr.J.P. Khaitan, Sernior Advocate with Mr.Sanjoy Bhowmick and Mr.C.S.Das, Advocates MRS.Mamta Bhargav, Advocate The Court : The appeal is directed against an order dated 6th February, 2004 by which the learned Tribunal agreeing with the views expressed by the Commissioner of Income Tax in exercise of power under Section 263 dismissed the appeal preferred by the assessee. Aggrieved by the order of the learned Tribunal, the assessee has come up in appeal. The facts, briefly stated, are as follows: The assessee in his return for the assessment year 1994-95 claimed to be in the business of trading export and agriculture. It was further claimed that from trading export th...


Jul 10 2014

Parmatma Devi Ruia Vs. Income Tax Officer, Ward No. 30(3) and ors.

Court: Kolkata

Decided on: Jul-10-2014

ORDER SHEET WP No.625 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PARMATMA DEVI 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 accou...


Jul 09 2014

Appellant Vs. Respondent

Court: Kolkata

Decided on: Jul-09-2014

ORDER SHEET CP No.570 of 2014 CA No.958 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SWAL LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 9th July, 2014. Mr.Saunak Sengupta, Adv.for the petitioner The Court : By an order passed on September 29, 2011, meetings of the shareholders of all the companies was convened to be held for considering and if thought fit approving the proposed scheme of amalgamation of the petitioner Nos.2 to 6 with the petitioner No.1. The meetings were duly convened and held on December 12, 2011 and the shareholders at each of such meetings duly approved the proposed scheme without any modification. The chairpersons reports were also filed in accordance with the directions contained in the order passed on September 29, 2011. The petitioner companies have filed the instant petition for confirmation of the scheme of amalgamation. There is a delay of 918 days in filing the instant petition for confirmation of the ...


Jul 09 2014

Bengal Stationery Stores Vs. Annapura Industries

Court: Kolkata

Decided on: Jul-09-2014

ORDER SHEET CS No.964 of 1989 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BENGAL STATIONERY STORES Versus ANNAPURA INDUSTRIES BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 9th July, 2014. Appearance : Mr.Swapan Mallick, Adv.Mr.C.Dutta, Adv.Mr.L.Bhattacharya, Adv.for the defendant No.4 Mr.S.Rudra, Adv.for the plaintiff. The Court : A preliminary decree was passed on March 6, 2014. The suit was for enforcement of mortgage for recovery of deeds. In couRs.of hearing of the suit three Title Deeds with regard to an immovable property lying and situate at premises No.41, Haritaki Bagan Lane now known as Dr. Dhiren Sen Sarani, Kolkata were tendered and marked as exhibits. The original Title Deeds unfortunately were lost from the custody of the Court. The parties to the suit settled their disputes. Consequent to which the preliminary decree dated March 6, 2014 was passed. The defendant paid the plaintiff the entire settled amount. It was submitted on beh...


Jul 09 2014

Coal India Ltd. and anr. Vs. Anari Devi and ors.

Court: Kolkata

Decided on: Jul-09-2014

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.632 of 2014 APO No.101 of 2014 T No.137 of 2014 WP No.232 of 2013 COAL INDIA LTD.& ANR. Versus ANARI DEVI & ORS.GA No.245 of 2014 APO No.596 of 2013 WP No.232 of 2013 M/S.EASTERN COALFIELDS LTD.Versus ANARI DEVI & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 9th July, 2014. For Appellants : Mr.Mr.Mr.Mr.Maloy Kr. Basu, Sr.Advocate Aniruddha Mitra, Partha Basu and Nikhil Kumar Roy, Advocates For Respondents: Mr.Partha Basu, Advocate Re : GA No.632 of 2014 The Court : This application has been filed in connection with the appeal preferred from a judgment and order dated 18th September, 2013 whereby a Learned Judge of this Court referred the claim of the compassionate writ ground petitioners to the for providing Chairman, Coal employment India Limited on for taking an independent decision in consultation with the leading trade unions. From the records w...


Jul 09 2014

C.i.T. Siliguri Vs. Falakata Industries Ltd.

Court: Kolkata

Decided on: Jul-09-2014

ORDER SHEET ITA No.198 of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T.- SILIGURI Versus FALAKATA INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DR. MRINAL KANTI CHAUDHURI Date : 9th July, 2014. Appearance : Ms.Smita Das De, Adv. for the appellant Mr.J.P. Khaitan, Sr.Adv.Mr.Sagar Bandyopadhyay, Adv.Mr.Avra Mazumdar, Adv.Mr.Arijit Chakraborti, Adv.Mr.Niladri Banerjee, Adv. for the respondent The Court : The subject matter of challenge in this appeal is a judgement and order dated 28th October, 2003 by which the learned Tribunal dismissed the appeal preferred by revenue agreeing with the view expressed by the C.I.T.(appeals).The revenue came up in appeal before this Court. The question for consideration permitting was huge whether purchases Rule in 6DD(f) cash was made properly by the applied assessee. in The assessing officer doubted the genuineness of purchases made by the assessee on the ground that all s...


Jul 09 2014

Jayanta Kumar Banerjee. Vs. Doctor Graham's Homes Kalimpong.

Court: Kolkata

Decided on: Jul-09-2014

ORDER SHEET CS No.184 of 1979 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JAYANTA KUMAR BANERJEE. Versus DOCTOR GRAHAM'S HOMES KALIMPONG. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 9th July, 2014. Appearance : Mr.P.Saha, Adv.Mrs.S.Chaudhury, Adv.Mr.Sakya Sen, Adv.for the petitioner Mr.Sarathi Dasgupta, Adv.Mr.Raj Kumar Basu, Adv.for the defendant No.1 The Court: The suit came up for final hearing today. By an order dated June 3, 2014, time to re-verify the plaint after the amendment which was allowed by the order dated April 11, 2014 was extended. The plaintiff re-verified the plaint. The additional written statement in terms of the order dated June 3, 2014 was not filed. Yesterday when the suit was taken up for hearing, the defendant sought an accommodation for filing additional written statement. I placed the suit for hearing today and requested the defendant to have the additional written statement ready. The defendant was not in a position...


Jul 09 2014

Magma Fincorp Ltd. Vs. Vikash Kumar Reddy and anr.

Court: Kolkata

Decided on: Jul-09-2014

AP No.669 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.-VersusVIKASH KUMAR REDDY & ANR. Appearance: Mr.S.Mukherjee, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 9, 2014. The Court : The respondents are not represented despite previous service and despite being aware of the order dated May 8, 2014. The receivers report says that the agents of the respondents reluctantly allowed the receiver to make an inventory of the asset covered by the agreement after initially using abusive language against the receiver. Since the asset has apparently met with an accident and the receiver found the asset to not be in roadworthy condition, it is necessary that the asset be sold before it is reduced to scrap. The receiver is directed to take possession of the asset with police assistance, if necessary, and the Superintendent of Police, exercising jurisdiction over the area, should render all assistance to the receiver upon th...


Jul 09 2014

Radhamani India Ltd. Vs. Basukinath Food Processors Ltd.

Court: Kolkata

Decided on: Jul-09-2014

ORDER SHEET GA No.1766 of 2013 CS No.205 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RADHAMANI INDIA LTD.Versus BASUKINATH FOOD PROCESSORS LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 9th July, 2014. Appearance: Mr.Jishnu Chowdhury, Adv.Mr.Rupak Ghosh, Adv.Mr.Sarbapriya Mukherjee, Adv.Mr.Dwip Roy Basu, Adv.Mr.S.Bhattacharjee, Adv.The Court :- This judgment upon admission application arises out of a claim of Rs.20 lakhs, principal sum, lent and advanced by the plaintiff to the defendant. This was made on or about 17th August, 2012 by way of an electronic transfer. Learned Advocate for the plaintiff describes this as an inter-corporate deposit carrying an agreed interest of 24% per annum. On 15th March, 2013 the defendant issued to the plaintiff a cheque for Rs.20 lakhs drawn on Axis Bank Ltd., Burrabazar Branch, Calcutta. It was dishonoured for insufficiency of funds. Tender of a cheque and its dishonour is sufficient proof of admission ...


Jul 09 2014

Tata Motors Finance Limited Vs. Sabita Devi Sharma and anr

Court: Kolkata

Decided on: Jul-09-2014

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.1001 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1005 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1006 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1007 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1008 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1009 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1010 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1011 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR AP No.1012 of 2014 TATA MOTORS FINANCE LIMITED Versus SABITA DEVI SHARMA & ANR BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 9, 2014. Appearance : Mr.Satarup Banerjee, Adv.for the petitioner. The Court : These are connected maters in the sense that they are between the same pa...


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