Kolkata Court July 2014 Judgments
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Super Gases and Appliances Pvt. Ltd. Vs. Fourth Industrial Tribunal
Court: Kolkata
Decided on: Jul-30-2014
ORDER SHEET WP No.2168 of 2003 With GA No.851 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUPER GASES & APPLIANCES PVT.LTD.Versus FOURTH INDUSTRIAL TRIBUNAL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 30th July, 2014. Appearance: Mr.Atul Chandra Giri, Adv.Mr.Nilay Sengupta, Adv.The Court : This is an application filed by the workman for payment of salary and house rent allowance per month from 1st April, 2006 till disposal of the writ petition. This application has been filed in connection with an application earlier filed by the workman under Section 17B of the Industrial Disputes Act, 1947. The earlier application being GA No.4281 of 2003 was disposed of directing the writ petitioner to pay the workman the amount equivalent to last pay drawn month by month on or from 1st April, 2004 onwards till the disposal of the writ petition. The workman submitted that after 1st April, 2006, the petitioner did not receive any amount. Mr.Nilay Sengupta, l...
M/S. K.C. Das Diamond and Jewellers and anr. Vs. Jewal India and anr.
Court: Kolkata
Decided on: Jul-30-2014
In The High Court At Calcutta Civil Appellate Jurisdiction Original Side Present: The Honble Acting Chief Justice Mr.Ashim Kumar Banerjee And The Honble Justice Mr.Arijit Banerjee APO231of 2014 With CS168of 2013 M/S.K.C.Das Diamond and Jewellers and Anr. -Vs.Jewal India and Anr. For the appellant : Mr.Partha Sarathi Bose, Sr.Adv.Mr.Dibashis Basu, Adv.Mr.Abhijit Banerjee, Adv.For the respondent: Mr.Priyankar Saha, Adv.Mr.S.S.Bhutoria, Adv.Heard On : 21st and 22nd July, 2014 Judgment on : 30/07/2014 Arijit Banerjee, J. This is an appeal against the judgment and order dated 17th December, 2013 passed by the Honble Single Judge in G.A.No.2868 of 2013, C.S.No.168 of 2013 whereby the Learned Judge dismissed the application filed by the defendant No.2 for rejection of the plaint as being barred by limitation. The plaintiff/respondent No.1 filed a suit against the defendants claiming a money decree of Rs.41,33,762/- on account of price of diveRs.jewellery sold and supplied by the plaintiff to ...
Rooprekha Sales Pvt. Ltd. Vs. Navkar Buildwell Pvt. Ltd.
Court: Kolkata
Decided on: Jul-30-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION GA No.1032 of 2012 CS No.64 of 2012 Rooprekha Sales PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1033 of 2012 CS No.65 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Buildstates PVT.LTD.GA No.1034 of 2012 CS No.34 of 2012 Fast Flow DealCo.PVT.LTD.Versus Kanhaiya Lal Mehta GA No.1035 of 2012 CS No.35 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1036 of 2012 CS No.36 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Buildwell PVT.LTD.GA No.1037 of 2012 CS No.30 of 2012 Fast Flow DealCo.PVT.LTD.Versus Shanti Lal Mehta GA No.1038 of 2012 CS No.37 of 2012 Fast Flow DealCo.PVT.LTD.Versus Navkar Promoters PVT.LTD.GA No.1039 of 2012 CS No.66 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Infra Projects PVT.LTD.GA No.1040 of 2012 CS No.31 of 2012 Fast Flow DealCo.PVT.LTD.Versus Komal Singh Mehta GA No.1041 of 2012 CS No.67 of 2012 Gunmala Sales PVT.LTD.Versus Navkar Promoters PVT.LTD.GA No.1042 of 2012 CS No.32...
L and T Finance Limited Vs. PravIn Kumar and anr.
Court: Kolkata
Decided on: Jul-30-2014
AP No.723 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction L & T FINANCE LIMITED Versus PRAVIN KUMAR & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 30th July, 2014. Mr.Paritosh Sinha, Adv.appears The Court : The respondents are not represented despite previous service. The Receiver has filed a report from which it appears that the vehicle which is the subject-matter of the agreement between the parties has been seized by the authorities under the Forest Act. The petitioner claims that the petitioner is entitled to obtain possession of the vehicle as there has been a default in payment under the agreement. The petitioner also refers to Clause 8.4 of the agreement to suggest that the petitioner is entitled to possession of the vehicle upon the respondents having transgressed statutory provisions in using the vehicle. Since the respondents show no interest in the matter and a substantial sum remains due, AP No.723 of 2014, which is a petition under Sec...
Dr. Sankar Nath Nandi Vs. United Bank of India
Court: Kolkata
Decided on: Jul-30-2014
GA No.1191 of 2014 CS No.328 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DR. SANKAR NATH NANDI Versus UNITED BANK OF INDIA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 30th July, 2014. Appearance: Mr.Anirban Bose, Advocate Mr.D.S.Mullick, Advocate Mr.Aasif Hussenis, Advocate The Court: Although learned counsel for the defendant bank seeks time to file affidavits, I refuse the prayer. There are several reasons for this. The suit is of 1999 and still pending. The cause of action of the original plaintiff who was the mother of the present plaintiff against the defendant bank was default in payment of rent by the lessee bank and reasonable requirement, for claiming vacant and peaceful possession of the premises. The original plaintiff died on 10th April, 2002. The present plaintiff has been substituted in her place. He wants an amendment of the plaint to the effect that since the filing of the suit, his daughter Sudarshana Nandi has attained ma...
Commissioner of Income Tax, Koliv, Kol. Vs. M/S. Royal Security Guardi ...
Court: Kolkata
Decided on: Jul-30-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Jurisdiction) ORIGINAL SIDE ITAT No.196 of 2013 G.A.No.3488 of 2013 COMMISSIONER OF INCOME TAX, KOL-IV, KOL. Versus M/S.ROYAL SECURITY GUARDING (P) LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 30th July, 2014. Ms.M.Bhargava, Adv.appears and submits Mr.S.C.Prasad, Adv.with Mr.P.K.Banerjee, Adv.appear and submit The Court : The appeal is directed against a judgment and order dated 16th July, 2013 passed by the Income Tax Appellate Tribunal agreeing with the views expressed by the CIT (Appeal).The learned Tribunal was considering an appeal preferred by the revenue, and objection of dismissed. a the cross objection assessee was filed by dismissed. the The assessee. appeal was Cross also Aggrieved by the order of the learned Tribunal, the department has come up in appeal. The following questions have been formulated for the purpose of seeking leave to prefer an appeal. a)...
Building Design Partnership Ltd. Vs. Kolkata West International City P ...
Court: Kolkata
Decided on: Jul-30-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE G.A.No.1736 of 2013 With C.S.No.420 of 2012 BUILDING DESIGN PARTNERSHIP LTD.Versus KOLKATA WEST INTERNATIONAL CITY PRIVATE LTD.& ORS.G.A.No.1746 of 2013 With C.S.No.420 of 2012 BUILDING DESIGN PARTNERSHIP LTD.Versus KOLKATA WEST INTERNATIONAL CITY PRIVATE LTD.& ORS.G.A.No.2355 of 2013 With C.S.No.420 of 2012 BUILDING DESIGN PARTNERSHIP LTD.Versus KOLKATA WEST INTERNATIONAL CITY PRIVATE LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 30th July, 2014. Appearance : Mr.Tilak Bose, Sr.Adv.Mr.S.S. Bose, Adv.Mr.Orijit Chatterjee, Adv. for the defendant/petitioner Mr.Debdut Mukherjee, Adv.Mr.Meghajit Mukhejee, Adv. for the plaintiff/respondent Mr.Ranjan Bachawat, Sr.Adv.Mr.S.Sengupta, Adv.Mr.Arindam Guha, Adv.Ms.Anindita Chakraborty, Adv.Ms.Samnwita Roy Choudhary, Adv. for the defendant no.1 The Court: Three applications for rejection of the plaint are taken up together for hearing. The fiRs.app...
Vs. Commissioner of Income Tax, Kolkata I and Another
Court: Kolkata
Decided on: Jul-30-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.148 of 2006 M/S.TIMKEN INDIA LTIMTED (Previously known as TATA TIMKEN LIMITED) Versus COMMISSIONER OF INCOME TAX, KOLKATA - I & ANOTHER BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPABRATA CHAKRABORTY Date : 30th July, 2014. Appearance: Mr.Abhrotosh Majumdar with Ms.Nilanjana Pal (Banerjee) and Mr.S.Lahiri, Advocates. Ms.A.G. Gutgutia, Advocate The Court : The appeal is directed against a judgment and order dated December 1, 2005 wherein the learned Tribunal held that the one time lump sum payment made by the assessee for acquiring technical know-how for a period of six years was a capital expenditure. On that basis the views to the contrary expressed by the CIT(A) were set aside and the appeal preferred by the revenue was allowed. 2 Aggrieved by the aforesaid judgment and order, the present appeal has been preferred by the assessee. With the joint efforts of Tata ...
Unit Construction Co. Pvt. Ltd. and anr. Vs. Magma Fincorp Ltd.
Court: Kolkata
Decided on: Jul-28-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.666 of 2014 UNIT CONSTRUCTION Co.PVT.LTD.& ANR. Versus MAGMA FINCORP LTD.& AP No.1029 of 2014 MAGMA FINCORP LTD.Versus UNIT CONSTRUCTION Co.PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 28, 2014. Appearance: Mr.Mainak Bose, Adv.Ms.Aiman Abdullah, Adv.Mr.Sujit Kr. Singh, Adv.The Court : AP No.666 of 2014 is a petition for setting aside the arbitral award. AP No.1029 of 2014 is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. The parties have agreed that the borrower company and the guarantors will pay off a sum of Rs.2 lakh by July 31, 2014 and the balance of the unpaid instalments amounting to Rs.13,16,240/- in monthly instalments of about Rs.1 lakh per month beginning August, 2014 and payable by the fifteenth day of each month till the entire dues are cleared. The sum of Rs.13,16,240/- will be considered as the principal amount and will carry interest...
Srei Equipment Finance Limited Vs. Rakesh Kaluram Mhatre and anr.
Court: Kolkata
Decided on: Jul-28-2014
AP No.997 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus RAKESH KALURAM MHATRE & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 28th July, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondents are not represented despite previous service. On a previous petition under Section 9 of the Arbitration and Conciliation Act, 1996, in respect of the same arbitral reference, an order was made on April 22, 2014 recording that the receiver had been promised by the fiRs.respondent that all dues of the petitioner would be cleared by May 7, 2014. The order provided that in the event the default was not made good by May 15, 2014, the petitioner would be at liberty to seek the appointment of a receiver to take possession of the asset. The petitioner says that the payment has not been made. Since the payment as promised by the fiRs.respondent has not been made and the respondents show no interest in the m...
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