Kolkata Court July 2014 Judgments
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Skylark Fiscal Service Pvt. Ltd. and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.1234 of 2014 APO No.139 of 2014 WP No.137 of 2009 SKYLARK FISCAL SERVICE PVT.LTD.& ANR. Versus UNION OF INDIA & ORS.AND GA No.1496 of 2014 APO No.154 of 2014 WP No.137 of 2009 UNION OF INDIA & ORS.Versus SKYLARK FISCAL SERVICE PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 2nd July, 2014 Mr.R.A. Agarwala, Adv.with Mr.Kumar gupta, Adv.Ms.Nibedita Pal, Adv..for the appellants Mr.Ashok Chakraborty, Sr.Adv.with Mr.Saptarshi Roy, Adv..for the respondents in APO No.139 of 2014 Mr.Ashok Chakraborty, Sr.Adv.with Mr.Saptarshi Roy, Adv..for the appellants Mr.R.A. Agarwala, Adv.with Mr.Kumar gupta, Adv.Ms.Nibedita Pal, Adv..for the respondents in APO No.154 of 2014 Both the appeals arise out of the same judgment and order under appeal passed by a learned Judge of this Court. Having heard the learned Advocate for both the parties and con...
itahar Thana Cooperative Marketing Society Ltd and anr. Vs. State of W ...
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET G.A.No.1952 of 2014 A.P.O.T.No.313 of 2014 With W.P.No.477 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ITAHAR THANA CO-OPERATIVE MARKETING SOCIETY LTD & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY -AndThe Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 2nd July, 2014. For Appellants : Mr.Debabrata Saha Roy with Mr.Pingal Bhattacharjee & Mr.Arindam Deb Roy, Adversus For Respondents : Mr.Sushovan Sengupta with Mr.Subir Pal, Adversus The learned Advocate representing the appellants/petitioners submits that the respondent authorities should allot levy sugar in favour of the appellants/petitioners in terms of the agreement. The learned Advocate representing the State respondents, submits that the agreement executed with the appellants/petitioners is no longer valid and operative. Considering the rival contentions of the parties, we are of the opinion that this application should be decided finally o...
Uma Shankar Goenka and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET G.A.No.1957 of 2014 A.P.O.T.No.317 of 2014 With W.P.No.504 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UMA SHANKAR GOENKA & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY -AndThe Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 2nd July, 2014. For Appellants/Petitioners : Mr.Debabrata Saha Roy with Mr.Pingal Bhattacharjee & Mr.Arindam Deb Roy, Adversus For Respondents : Mr.Sushovan Sengupta with Mr.Subir Pal, Adversus The learned Advocate representing the appellants/petitioners submits that the respondent authorities should allot levy sugar in favour of the appellants/petitioners in terms of the agreement. The learned Advocate representing the State respondents, submits that the agreement executed with the appellants/petitioners is no longer valid and operative. Considering the rival contentions of the parties, we are of the opinion that this application should be decided finally on affidavits like...
Panihati Rubber Limited Vs. Union of India
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET APO1202014 AP13982013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PANIHATI RUBBER LIMITED Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 2nd July, 2014. Mr.Sakya Sen, Advocate Ms.Manali Bose, Advocate for the appellant. Mr.Moloy Das, Advocate Mrs.Aparna Banerjee, Advocate for the respondent. The Court: The parties had a commercial relationship pursuant to a contract. Mr.Sen appearing for the appellant would contend, the appellant performed its obligation under the contract and the railways duly paid for the same. Subsequently, the railways reopened the issue and imposed a penalty and realised the same against payments that the appellant would receive in respect of other transactions. The matter was referred to arbitration according to the arbitration clause stipulated in the agreement. The Arbitrator published an award that became the subject-matter of challenge. The learned sing...
Shanti Shipping Company Limited Vs. Md. Salauddin
Court: Kolkata
Decided on: Jul-02-2014
1 ORDER SHEET APO No.69 of 2014 CS No.375 of 2000 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHANTI SHIPPING COMPANY LIMITED Versus Md.SALAUDDIN BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 2nd July, 2014. Appearance: Mr.Sabyasachi Chowdhury, Sr.Advocate Mr.Aryak Dutta, ld. Advocate for the appellant. Mr.Anirban Roy, Mr.S.Mukherjee and Mr.K.N. Jana, ld. Advocates for the respondent. The Court :- The respondent filed a suit as against the appellant, inter-alia, praying for a money decree for the money lent and advanced. The respondent did not proceed with the suit. It was dismissed for default on June 15, 2004. However, before the suit was dismissed the subject ship had been sold by the Joint Receivers appointed in the suit. We are told, the Joint Receivers are holding the sale proceeds. The present appeal would arise out of an order passed by the learned Single Judge at the instance of Port Management Board, who would cla...
Harpal Singh Vs. Union of India and ors.
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET W.P.No.579 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE HARPAL SINGH Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 2nd July, 2014. Appearance : Mr.D.Banerjee, Adv.Mr.D.Bhattacharyya, Adv. for the petitioner Mr.A.Datta, Adv. for the Eastern Railway The Court : The writ petition has been filed complaining that on earlier occasions with regard to disputes relating to weightment of goods, the respondent, railway authorities did not promptly respond to a prayer for re-weightment in the presence of the representative of the writ petition. Mr.Banerjee, submits that such right is available to his client under the concerned policy as well as the terms of the lease. As goods were perishable in nature the petitioner was constraint to accept the alleged weightment made by the railway authorities on earlier occasions. Accordingly he prays that direction be issued upon the railway authorities that in cases of such d...
Regal Ingot Pvt Ltd Vs. Damodar Valley Corporation
Court: Kolkata
Decided on: Jul-02-2014
1 ORDER SHEET APO No.91 of 2014 CP No.372 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE REGAL INGOT PVT LTD Versus DAMODAR VALLEY CORPORATION BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 2nd July, 2014. Appearance: Mr.Pratap Chatterjee, Sr.Advocate with Mr.Siddhartha Banerjee, Mr.K.L.Yadav, Ms.A.Khatoon and Mr.A.B. Das, Ld. Advocates for the appellant. Mr.Prasun Mukherjee, ld. Advocate For the respondent DVC. The Court :- This claim of Damodar Valley Corporation, the respondent abovenamed would arise out of a provisional tariff as per Regulation, 2009 that became a subject matter before the Regulatory Commission. The appellant would contend, Commission rejected the plea of the Corporation, hence money was not payable whereas DVC would contend, the proceeding before the Jharkhand High Court on the issue reached finality at the Apex Court level in favour of the Corporation. The above are disputed questions, being mixed...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET CP No.71 OF2014IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : UNIT CONSTRUCTIONS Co.PVT.LTD.AND CHIYA TOURS AND TRAVELS PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 2nd July, 2014. MR.SHAUNAK MITRA, MR.SANJEEB SENI, MR.SOUVIK KUNDU, ADVOCATES FOR PETITIONING CREDITOR MR.ANIRBAN ROY, MS.AIMAN ABDULLA, ADVOCATES FOR COMPANY The Court : This winding up application has been filed for a claim which arises on account of airline tickets booked by the petitioning creditor for the directors of the company. The case of the petitioning creditor is that from time to time air tickets were booked and purchased by it for the directors of the company on instructions given. The tickets were made over and invoice raised. In respect of the said invoice part payments were made by the company. For the outstandings requests were made. As the same remained unpaid, a statutory notice was issued on 19th July, 2013, wherein it was specifically stated that...
Re : Dunlop India Ltd and Vs. Re: Falcon Tyres Ltd
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET ACO1112014 APOT3112014 CP2332008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RE : DUNLOP INDIA LTD -AND- Versus RE: FALCo.TYRES LTD BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 2nd July, 2014. Appearance : Mr.S.N.Mookherjee, Sr.Adv., Mr.Chayan Gupta, Ad., Mr.Aniruddha Agarwalla, Adv., for the FalCo.Industries LTD.Mr.Abharajit Mitra, Sr.Adv., for the Dunlop India LTD.Mr.Reetobroto Mitra, Adv., for the ICICI Bank. Mr.S.C.Prasad, Adv., for the P.F.Authority. Mr.Ranjan Deb, Sr.Adv., Mrs.Noelle Banerjee, Adv., Mr.D.Dey, Adv., SMIFS Capital Markets LTD.2 Mr.Ratnanko Banerji, Sr.Adv., Mr.S.Chatterjee,Adv., Mr.M.K.Seal, Adv., secured creditor of FalCo.Industries LTD.Mr.Rudrajit Sarkar, Adv., Ms.Ankita Mukherjee, Adv., for Farith Care. Ms.Manju Bhuteria, Adv., Mr.Jeevan Ballav Panda, Adv., for Century Textiles Industries LTD.Mr.Madhusudan Sarkar, Adv., for WBSEDCL. Mr.Sakya Sen, Adv., Mr.P.Sinha, Adv., for t...
Commissioner of Income Tax, Kolkataiv Vs. Senbo Engineering Pvt Ltd
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET ITA No.599 of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-IV Versus SENBO ENGINEERING PVT LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 2nd July, 2014. Mr.S.N.Dutta, Adv.for the Appellant Mr.J.P.Khaitan, Sr.Adv.Mr.Sanjay Bhowmick, Adv.and Mr.C.S.Das, Adv.for the Respondent The Court : At the time of admission, the following questions were formulated. i) Whether the Income Tax Appellate Tribunal was right in holding that although the assessee incurred expenses of a sum of Rs.63,45,293/- for non-trading and/or non-business purposes even then the same is an allowable expenses as expenses incurred for business purposes ?. ii) Whether the Income Tax Appellate Tribunal was justified in deleting the addition made by the A.O.on the ground of non-disclosure and/or unexplained investment of a sum of Rs.13.66 lacs for purchase of coal, taking land on lease, maki...
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