Kolkata Court July 2014 Judgments
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Commissioner of Wealth Tax, Kolii Vs. M/S. Falgun Exports (P) Ltd.
Court: Kolkata
Decided on: Jul-02-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Wealth Tax].ORIGINAL SIDE GA No.247 of 2014 AWT No.1 of 2014 COMMISSIONER OF WEALTH TAX, KOL-II Versus M/S.FALGUN EXPORTS (P) LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 2nd July, 2014. For Appellant : For Respondent : Mr.P.K. Bhowmick, Advocate Mr.Ananda Sen, Advocate The Court : The subject matter of challenge in this appeal is a judgment and order dated 26th August, 2013 by which the appeal preferred by the revenue was dismissed by the learned Tribunal following decision of a Coordinate Bench in WTA Nos.42 & 43 (Kol)/2010. In the aforesaid judgment of the Coordinate Bench, the following view was taken: In the case before us, there is no dispute to the fact that a part of the warehouse is used by the assessee for its own business purposes and a part of warehouse has been let out by the assessee, out of which, assessee is realising rental charges. The lessees are using t...
Cosmopolitan Investments Ltd. Vs. a I Champdany Industries Ltd.
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CS No.221 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE COSMOPOLITAN INVESTMENTS LTD.Versus A I CHAMPDANY INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st July, 2014. Appearance: Mr.Ranjan Deb, Sr.Adv.Mr.Abhijit Guha Ray, Adv.Mr.Shiladitya Bose, Adv.The Court : After hearing the learned counsel for the parties and considering the suggested issues filed by them, the following issues are settled and set down for trial : 1. Did the plaintiff and the other associate companies of the plaintiff advance various sums of monies as unsecured loans to the defendant by cheque(s) in terms of the scheme sanctioned by the Board for Industrial and Financial Reconstruction and/or otherwise as recognized by the scheme as pleaded in paragraph 4 of the plaint ?.2. Is the plaintiff entitled to claim the amount as claimed in the plaint or any part or portion thereof ?.3. Is the claim of the plaintiff barred by the laws of limitation ?.4....
New India Investment Corporation Ltd. Vs. a I Champdany Industries Ltd ...
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CS No.225 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NEW INDIA INVESTMENT CORPORATION LTD.Versus A I CHAMPDANY INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st July, 2014. Appearance: Mr.Ranjan Deb, Sr.Adv.Mr.Abhijit Guha Ray, Adv.Mr.Shiladitya Bose, Adv.The Court : After hearing the learned counsel for the parties and considering the suggested issues filed by them, the following issues are settled and set down for trial : 1. Did the plaintiff and the other associate companies of the plaintiff advance various sums of monies as unsecured loans to the defendant by cheque(s) in terms of the scheme sanctioned by the Board for Industrial and Financial Reconstruction and/or otherwise as recognized by the scheme as pleaded in paragraph 4 of the plaint ?.2. Is the plaintiff entitled to claim the amount as claimed in the plaint or any part or portion thereof ?.3. Is the claim of the plaintiff barred by the laws of limitat...
Indian Overseas Bank Vs. R.D. Fan Ltd. and ors.
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO492014 CS1802013 INDIAN OVERSEAS BANK Versus R.D.FAN LTD.& ORS.APO462014 CS1772013 PAREKH ALUMINEX LTD.Versus FOLLOWEL ENGINEERING LTD.& ORS.APO472014 CS1802013 INDIAN OVERSEAS BANK Versus R.D.FAN LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 1st July, 2014. Mr.Aryak Dutta, Advocate Mr.Dipankar Das, Advocate for the appellant in APO492014. Mr.Rajesh Upadhayay, Advocate for the appellant in APO462014 and APO472014. Mr.Soumabha Ghose, Advocate Ms.Rajshree Kajaria, Advocate Ms.Sonia Sharma, Advocate for the creditor. The Court : We have heard the parties at length in these three appeals that would arise out of a common order passed by the learned single Judge appointing Receiver to collect the receivable by the defendant-company to be deposited with the Indian Overseas Bank, the lead secured creditor earmarked for payment of dues to the creditORS....
Jai Balaji Industries Limited Vs. Coal India Limited and ors
Court: Kolkata
Decided on: Jul-01-2014
1 ORDER SHEET GA No.1978 of 2014 APOT No.319 of 2014 CS No.215 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE JAI BALAJ.INDUSTRIES LIMITED Versus COAL INDIA LIMITED & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 1st July, 2014. Appearance: Mr.Anindya Mitra, Sr.Advocate with Mr.Shyamal Sarkar and Ms.Rajashree Kajaria Ld. Advocates for the appellant. Mr.Pradip Dutta, Sr.Advocate with Mr.Rajashree Dutta, ld. Advocate for the respndent. The Court :- This appeal would relate to an order refusing restraint on invocation of bank guarantees except one. The learned Judge by judgment and order dated June 19, 2014 dealt with six bank guarantees that the appellant gave in favour of Coal India Limited, the respondent No.1 as and by way of security for the claim of the coal company that may likely arise out of the transaction. The appellant would contend, there was quality dispute whereas the respondent contended before the lea...
Tirtha Mukherjee Vs. the Director of Sarba Siksha Avijan, West Bengal ...
Court: Kolkata
Decided on: Jul-01-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Honble Justice Debasish Kar Gupta W.P.759 of 2013 Tirtha Mukherjee Versus The Director of Sarba Siksha Avijan, West Bengal & ORS.For the petitioner : Mr.David Mantosh, Ms.S.R.Das. For the State respondent : Mr.Sadananda Ganguly, Ld. Additional Government Pleader, Ms.Tapati Samanta. Judgment On : 01-07-2014. Debasish Kar Gupta, J.: This writ application is directed against an order passed by the respondent No.2 rejecting the prayer of the petitioner to continue with the engagement in the post of Para teacher of Manikpara High School, District Paschim Midnapore in history. This matter has a chequered history which is discussed hereunder in a nutshell: The petitioner participated in a selection process for engagement in the post mentioned hereinabove in response to an advertisement dated September 15, 2006. A panel of selected candidates for the above engagement was prepared. The same was forwarded to th...
Arindam Investments Pvt. Ltd. Vs. a I Champdany Industries Ltd.
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CS No.220 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ARINDAM INVESTMENTS PVT.LTD.Versus A I CHAMPDANY INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st July, 2014. Appearance: Mr.Ranjan Deb, Sr.Adv.Mr.Abhijit Guha Ray, Adv.Mr.Shiladitya Bose, Adv.The Court : After hearing the learned counsel for the parties and considering the suggested issues filed by them, the following issues are settled and set down for trial : 1. Did the plaintiff and the other associate companies of the plaintiff advance various sums of monies as unsecured loans to the defendant by cheque(s) in terms of the scheme sanctioned by the Board for Industrial and Financial Reconstruction and/or otherwise as recognized by the scheme as pleaded in paragraph 4 of the plaint ?.2. Is the plaintiff entitled to claim the amount as claimed in the plaint or any part or portion thereof ?.3. Is the claim of the plaintiff barred by the laws of limitation ?.4. ...
Haldia Investment Co. Ltd. Vs. a I Champdany Industries Ltd.
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CS No.224 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HALDIA INVESTMENT Co.LTD.Versus A I CHAMPDANY INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st July, 2014. Appearance: Mr.Ranjan Deb, Sr.Adv.Mr.Abhijit Guha Ray, Adv.Mr.Shiladitya Bose, Adv.The Court : After hearing the learned counsel for the parties and considering the suggested issues filed by them, the following issues are settled and set down for trial : 1. Did the plaintiff and the other associate companies of the plaintiff advance various sums of monies as unsecured loans to the defendant by cheque(s) in terms of the scheme sanctioned by the Board for Industrial and Financial Reconstruction and/or otherwise as recognized by the scheme as pleaded in paragraph 4 of the plaint ?.2. Is the plaintiff entitled to claim the amount as claimed in the plaint or any part or portion thereof ?.3. Is the claim of the plaintiff barred by the laws of limitation ?.4. To ...
Dilip Kumar Jain, Trading as Pet and Mineral Vs. N.H.Appliances and an ...
Court: Kolkata
Decided on: Jul-01-2014
GA No.1867 of 2014 CS No.210 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DILIP KUMAR JAIN, TRADING AS PET AND MINERAL Versus N.H.APPLIANCES & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 1st July, 2014. Appearance: Mr.Ranjan Bachawat, Sr.Advocate Mr.Debnath Ghosh, Advocate Mr.S.Roy Chowdhury, Advocate Mr.Gautam Banerjee, Advocate for the plaintiff/petitioner The Court: Prima facie, the infringement of the plaintiffs label marks by the defendants appears to be so brazen that this court is of the view that they should not be permitted to manufacture or market products with the infringing marks, with immediate effect. On 7th August, 2013 the plaintiff was granted registration, in Mumbai of a label mark Mumeet as shown at pages 225 & 226 of the petition. Similarly, the plaintiff obtained registration of their label mark Lumeet, from the same date. This entitled the plaintiff to proprietorship of the label marks from the date of their appli...
Smt. Niti Khanna and Others Vs. Nisha Mehrotra and Another
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CS No.34 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. NITI KHANNA & OTHERS Versus NISHA MEHROTRA & ANOTHER BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st July, 2014. Appearance: Mr.Anirban Kar, Adv.The Court: It appears from the report filed by the learned Senior Master and Official Referee that the service of the writ of summons upon the defendant no.1 was dispensed with by an order dated 16th June, 2006 and the defendant no.1 was directed to file written statement within four weeks from 16th June, 2006. The defendant no.1 admittedly has not filed any written statement. Mr.Anirban Kar, learned Counsel appearing on behalf of the defendant no.2, submits that S.K.Ainul, Temple Chamber, 6 Old Post Office Street, A.C.Basement, Room No.14A, Calcutta 700 001 has entered appearance on behalf of the defendant no.2 but he has admittedly submitted that the defendant no.2 has not filed any written statement. Mr.Kar refers to an order...
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