Kolkata Court July 2014 Judgments
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Jaspal Singh Chandhak Vs. Ashoke Kr. Poddar and ors.
Court: Kolkata
Decided on: Jul-03-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.994 of 1990 Jaspal Singh Chandhak versus Ashoke Kr. Poddar & ORS.For the Plaintiff : Mr.Haradhan Banerjee, Advocate Mr.Mrinal Kanti Chatterjee, Advocate Ms.Sonali Mukhopadhyay, Advocate For the Defendant No.1 : Mr.Sakhya Sen, Advocate Mr.Amitavo Mondal, Advocate Mr.Tanseef Khan, Advocate Ms.Debamita Adhikari, Advocate Heard on : June 20, 2014 Judgment on : July 03, 2014 DEBANGSU BASAK, J.:- The suit was for partition by metes and bounds of an immovable property and for accounts in respect of dealings of such immovable property. The plaintiff claimed himself to be the owner of undivided 10/12th share in the immovable property involved. The Defendant No.1 was acknowledged by the plaintiff to hold the remaining 2/12th share in such immovable property. The plaintiff contended that the defendants other than the Defendant No.1 had no manner of right, title and int...
Fogla and Sons and anr. Vs. L.i.C.i.
Court: Kolkata
Decided on: Jul-03-2014
ORDER SHEET G.A.No.1989 of 2014 W.P.No.1537 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE FOGLA & SONS & ANR. Versus L.I.C.I.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 3rd July, 2014. Appearance : Mr.S.K. Basu, Adv.Mr.P.Majumder, Adv. for the petitioner Mr.Aasif Hussain, Adv. for the respondent No.1 The Court : The petitioners have applied for amendment of their writ petition. In this writ petition they have prayed essentially that the respondent be directed to carry out the proceedings and conduct Case No.E.O./229/0901 in due process of law and prescribed under law. It appears that such case has been proceeded with and as a result an order of eviction of the petitioner was passed. By an interim order dated 3rd August, 2005 there was a direction that all steps taken thereafter by the respondent will abide by this writ petition. The petitioners seek to add grounds of challenge to such eviction order by way of amendment that would enlarge the ...
Anand Kishore Gupta Vs. Jcc India Private Limited and ors.
Court: Kolkata
Decided on: Jul-03-2014
1 ORDER SHEET GA No.1998 of 2014 APOT No.322 of 2014 CS No.78 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ANAND KISHORE GUPTA Versus JCC INDIA PRIVATE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 3rd July, 2014. Appearance: Mr.D.Basu with Mr.Iqbal Hussain Ld. Advocates for the appellant. Mr.R.L.Mitra, Mr.N.Dasgupta and Ms.Priyamka Dhar, ld. Advocates For the respondent no.1. The Court :- We have heard the parties at length. The appellant is a carrier, who was supposed to carry the goods belonging to the respondent. There had been some problem with regard to delivery. Mr.Bose appearing for the appellant would contend, they have a lien over the goods for unpaid freight as well as demurrage charges whereas Mr.Mitra appearing for the respondent would strenuously oppose such contention. According to him, this plea is being taken for the fiRs.time before respondent, the Court considering of appeal. the cord...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-03-2014
ORDER SHEET CP NO.438 OF2014IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : ARNAB SENGUPTA COLLECTIONS PVT.LTD.AND FASHION KRAFT BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd July, 2014. MR.SWATARUP BANERJEE, MR SOURAV SENGUPTA, ADVOCATES FOR PETITIONING CREDITOR MR.SUSANTA DUTTA, MR.AMIT KR.BARMAN,ADVOCATE FOR COMPANY The Court : In this winding up application the claim arises on account of price of goods sold and delivered to the company by the petitioning creditor. The case of the petitioning creditor is that goods were supplied to the company and three several cheques were issued to the petitioning creditor by the company. Bills raised have also been received but on presentation of two cheques, the said cheques were dishonoured for insufficient funds. Thereafter as no payment was made by the company to the petitioning creditor in spite of notice on 18th March, 2014 a statutory notice was issued. The said though received by the company, no repl...
In the Matter of : Shree Sanyeeji Sponge and Alloys Ltd. Vs. in the Ma ...
Court: Kolkata
Decided on: Jul-03-2014
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE CP641OF2013IN THE MATTER OF : SHREE SANYEEJ.SPONGE AND ALLOYS LTD.Versus IN THE MATTER OF : PARMESHWAR LAL SARAF BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd July, 2014. Mr.K.C.Garg, Advocate .for petitioner Mr.M.S.Tiwari, Advocate Mr.R.Tiwari, Advocate .for company The Court :-In this application the claim arises on account of price of goods sold and delivered. The case of the petitioning creditor is that goods were supplied to the company against orders placed, received and bills raised. As no payment was made statutory notice was issued on 7.7.2013. Statutory notice has returned with the endorsement unclaimed. No reply has been given to the statutory notice. As the goods have been received by the company, consumed by it and no objection raised in respect thereof entitles the company petition to be admitted. Counsel for the company submits that the question of not claiming the statutory notice does not arise in fact...
M/S. Kharkhari Coal Co. P. Ltd. Vs. L.i.C.i.
Court: Kolkata
Decided on: Jul-03-2014
ORDER SHEET G.A.No.1991 of 2014 W.P.No.1539 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.KHARKHARI COAL CO.P.LTD.Versus L.I.C.I.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 3rd July, 2014. Appearance : Mr.S.K. Basu, Adv.Mr.P.Majumder, Adv. for the petitioner Mr.Aasif Hussain, Adv. for the respondent No.1 The Court : The petitioners have applied for amendment of their writ petition. In this writ petition they have prayed essentially that the respondent be directed to carry out the proceedings and conduct Case No.E.O./228/0901 in due process of law and prescribed under law. It appears that such case has been proceeded with and as a result an order of eviction of the petitioner was passed. By an interim order dated 3rd August, 2005 there was a direction that all steps taken thereafter by the respondent will abide by this writ petition. The petitioners seek to add grounds of challenge to such eviction order by way of amendment that would enla...
R.K.P. Udyog Ltd. Vs. Hemraj Mahabir Prasad (P) Ltd. and ors.
Court: Kolkata
Decided on: Jul-03-2014
GA No.1773 of 2014 CS No.568 of 1992 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE R.K.P.UDYOG LTD.VERSUS HEMRAJ MAHABIR PRASAD (P) LTD.& ORS.B E F O R E: The Honble Justice DEBANGSU BASAK Dated, the 3rd July, 2014. Appearance: Mr.Swapan Kumar Mallick, Adv.For the plaintiff. Mr.Rudra Deb Chowdhury, Adv.Mr.B.Basu Mallick, Adv.Mr.Tapan Sil, Adv.For the defendants. The Court:- In a suit for eviction the heirs and legal representatives of the deceased defendant no.9 have filed the present application for their addition as parties to the suit. It was contended on behalf of the applicants that although an application under Order 22 Rule 4 was allowed by me on April 28, 2014, the heirs and legal representatives of the deceased defendant no.9 were entitled to maintain the present application. Their right to be added as a party to the suit was not closed. In support of such contention they relied upon AIR1983Allahabad Page 368 (Mohammad Mustaqeem & Ors.-Vs-Aft...
Ots Ltd. Vs. Mps Greenery Developers Ltd. and ors.
Court: Kolkata
Decided on: Jul-03-2014
ORDER SHEET GA No.633 of 2014 With CS No.43 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE OTS LTD.Versus MPS GREENERY DEVELOPERS LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd July, 2014. Appearance: Mr.Abhrajit Mitra Sr., Adv.Mr.S.Ghosh, Adv.Mr.Mainak Bose, Adv.Mr.Ricky Roy, Adv.The Court: Mr.Abhrajit Mitra, learned Senior Advocate shows me the report of the Joint Special Officers dated 11th June, 2014. It appears therefrom that up to 2nd April, 2014 the vehicle with registration no.WB33B5397 was registered in the name of MPS Greenary Developers LTD.It is now in the name of Mahammad Siraj. The vehicle WB33B5578 was registered till 10th March, 2014 in the name of MPS Greenery Developers LTD.and up to 20th March, 2014 in the name of S. Mullick. The present owner is one Aftab Alam. Mr.Mitra submits that after the order of injunction, and the appointment of Joint Special Officers to be in symbolic possession of the vehicles, the abov...
Royd Enclave Owners Association and Another Vs. Kolkata Municipal Corp ...
Court: Kolkata
Decided on: Jul-03-2014
ORDER SHEET W.P.No.582 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ROYD ENCLAVE OWNERS ASSOCIATION & ANOTHER Versus KOLKATA MUNICIPAL CORPORATION & OTHERs.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 3rd July, 2014. For petitioner : Mr.Gurudas Mitra,Advocate Mr.S.K.Mal,Advocate Mr.A.Roychaudhury,Advocate Mr.P.Majumder,Advocate For state : Mrs.Sipra Majumder,Advocate Mrs.S.Daschowdhury,Advocate For KMC : Mr.A.N.Banerjee,Advocate Mr.D.Mondal,Advocate The Court : Let affidavit of service filed in Court today be kept on record. Despite service of notice, none appears on behalf of GLS e-Solutions Pvt.LTD.As prayed for, leave is granted to the petitioner to delete the respondent no.8 from the array of respondents. Let the cause title be amended in couRs.of this day. In the writ petition, the petitioner has prayed for a direction upon the Municipal Commissioner, the Kolkata Municipal Corporation, the respondent no.2 to take steps against the alleged...
M/S. Apeejay Tea Ltd. Vs. Commissioner of Income Tax, Central
Court: Kolkata
Decided on: Jul-03-2014
GA No.3135 of 2013 ITAT No.165 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction (Income Tax) ORIGINAL SIDE M/S.APEEJAY TEA LTD.-VersusCOMMISSIONER OF INCOME TAX, CENTRALI & ANR. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 3rd July, 2014. Appearance: Mr.Abhratosh Majumdar, Adv.Ms.Nilanjana Banerjee, Adv...for the appellant. Ms.Asha G. Gutgutia, Adv...for the respondent. The Court : The subject matter of challenge in this appeal is a judgment and order dated 26th June, 2013 by which the learned income tax appellate tribunal rejected the contention of the assessee that Rule 8 of the Income Tax Rules has any application in arriving at a valuation of the fringe benefits under Chapter XII H. The learned tribunal as a matter of fact in rejecting the contention of the assessee relied on an earlier judgment in the case of the assessee itself in ITA No.557/Kol/2010 wherein the following view was expressed: 7. We have carefully con...
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