Kolkata Court July 2014 Judgments
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The O/L, High Court, Calcutta Vs. Niranjanlal Todi and ors.
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CA NO.350 OF2009WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASE FINANCE LTD.(IN LIQN.) AND NIRANJAN LAL TODI & ORS. CA NO.981 OF2010WITH CP NO.83 OF2004IN THE MATTER OF: DILIP RANJAN DEY & ORS.AND THE O/L, HIGH COURT, CALCUTTA CA NO.1080 OF2011WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.].AND THE O/L, HIGH COURT, CALCUTTA versus NIRANJANLAL TODI & ORS. CA NO.1090 OF2011WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.].AND THE O/L, HIGH COURT, CALCUTTA versus NIRANJANLAL TODI & ORS. CA NO.99 OF2013WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.]. CA NO.141 OF2013WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.]. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th July, 2014. Appearance: Ms.Seba Prosad Bhattacharjee, Adv..for Pankaj R...
Followel Engineering Limited Vs. Parekh Aluminex Ltd. and ors.
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET G.A.No.1864 of 2013 With C.S.No.177 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE FOLLOWEL ENGINEERING LIMITED Versus PAREKH ALUMINEX LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 25th July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.Mukherjee, Adv.Ms.Priyanka Prasad, Adv.Mr.S.Ghose, Adv. for the plaintiff Mr.Suman Dutta, Adv. for the respondent no.1 Mr.Rajesh Upadhyay, Adv. for the respondents Mr.Jayjit Ganguly, Adv.Mr.T.Quasimuddin, Adv. for the respondent Nos.2 and 3 Mr.Aryak Dutt, Adv.Mr.Dipankar Das, Adv. for the IOB The Court: In a suit for recovery of money lent and advanced by the plaintiff to the defendants, the plaintiff applied for judgment on admission, security and injunction. On the application being moved an interim order dated July 4, 2013 was passed. The defendants were restrained from dealing with, alienating, disposing of, transferring or encumbering its assets or properties t...
Ghanashyam Das Vs. the Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-25-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side/Original Side Present: The Honble Justice Soumitra Pal. W.P.14557 (W) of 2012 Ghanashyam Das Versus The Kolkata Municipal Corporation and ORS.With W.P.934 (W) of 2014 Sr.Dibyendu Dhar Versus The Kolkata Municipal Corporation and ORS.With W.P.3583 (W) of 2014 M/S.K.C.Mookerjee & Sons and ORS.Versus The Kolkata Municipal Corporation and ORS.With W.P.6960(W) of 2014 Ajit Kumar Mohalanobis and Anr. Versus The Kolkata Municipal Corporation and ORS.With W.P.8951 (W) of 2014 Smt. Rita Dey Versus The Kolkata Municipal Corporation and ORS.With W.P.7871 (W) of 2014 Smt. Shila Das Versus Howrah Municipal Corporation and ORS.With W.P.3508 (W) of 2014 Anima Rani Dey Versus The Kolkata Municipal Corporation and ORS.With W.P No.251 of 2014 Eskag Sanjeevani PVT.LTD.& Anr. Versus The Kolkata Municipal Corporation & ORS.W.P.14557 (W) of 2012 For the Petitioner For the K.M.C For the respondent no.6. : Mr.Ajay Dutta, Mr.Naren Gh...
Md. SalauddIn Vs. Shri Gorachand Mondal and ors.
Court: Kolkata
Decided on: Jul-25-2014
IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION (CONTEMPT) (ORIGINAL SIDE) C.C.No.70 of 2010 W.P.No.1170 of 2006 Md.Salauddin versus Shri Gorachand Mondal & ORS.BEFORE: The Honble Justice INDIRA BANERJEE For the Petitioner : Mr.Mr.Mr.Mr.Samit Talukdar, Senior Advocate, Kamalesh Bhattacharjee, Advocate, Srijib Chakraborty, Advocate, Ibrahim Shaikh, Advocate. For the respondents : Mr.Gour Roy Chowdhuri, Bar-at-Law, Mr.Jugal Chandra Porel, Advocate, Mr.Debangshu Mondal, Advocate. Judgment on : 25.07.2014 INDIRA BANERJEE, J. : This application for contempt is for violation of an order dated 25th August, 2006 passed by His Lordship Jyotirmoy Bhattacharya whereby the authorities of Kolkata Municipal Corporation were restrained from demolishing any part of premises No.8E, Dent Mission Road, Kolkata, hereinafter referred to as disputed premises. The case has a checkered history and there have been diveRs.proceedings in this Court and diveRs.orders in connection with demolition of alle...
Pilcom Vs. Commissioner of Income Tax Centralii, Kolkata
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.654 of 2004 PILCo.Versus COMMISSIONER OF INCOME TAX CENTRAL-II, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 25th July, 2014. For Appellant : Mr.R.N. Bajoria, Senior Advocate with Mr.J.P. Khaitan, Senior Advocate Mr.Agnibesh Sengupta and Mr.R.K.Basu, Advocates For Respondent : Md.Nizamuddin, Advocate The Court : The subject matter of challenge in this appeal is a judgment and order dated 23rd April, 2004 by which the learned Tribunal disagreeing with the views expressed by the CIT (A) held that the money paid by the assessee was in consideration of rendering technical service within the meaning of Section 9 sub-section (1) clause (vii) read with explanation (2) thereunder of the Income Tax Act. Aggrieved by the order of the learned Tribunal, the assessee has come up in appeal. At the time when the appeal was admitted, the following ques...
Calcutta Stock Exchange Association Ltd. Vs. Anuradha Malik
Court: Kolkata
Decided on: Jul-24-2014
sdsORDER SHEET GA No.2271 of 2014 WITH CS No.38 of 2004 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CALCUTTA STOCK EXCHANGE ASSOCIATION LTD.Versus ANURADHA MALIK BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th July, 2014. Appearance : Mr.R.Ghose, Adv.Mr.Paritosh Sinha, Adv.Mr.S.Shah, Adv.Mr.P.Banerjee, Adv.for the plaintiff The Court : The application at the behest of the plaintiff is for substituted service under Order 5 Rule 20 of the Code of Civil Procedure, 1908. The plaintiff lodged writ of summons. The Deputy Sheriff has submitted a report dated June 23, 2014 which is annexure-D to the petitions at page-11 stating that, the defendant could not be served due to non-availability of the defendant at the stated address and on enquiry it reveal that the defendant has left to the said premises a few months ago. So far as postal service is concerned, it is reported that the undelivered packet marked Addressee left came back. In such circumstan...
Shree Tulsi Commercial Co. Ltd. Vs. Food Corporation of India and ors.
Court: Kolkata
Decided on: Jul-24-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.85 of 1982 Shree Tulsi Commercial Co.LTD.versus Food Corporation of India & ORS.For the Plaintiff : Mr.Sakhya Sen, Advocate Mr.Tanseef Khan, Advocate For the Defendants : Mr.Arunabho Sengupta, Advocate Heard on : July 10, 2014 Judgment on : July 24, 2014 DEBANGSU BASAK, J.: In or about October 1976 the Defendant Nos.1, 2 and 3 formulated a scheme to increase the hired storage capacity of foodgrains for the Defendant No.1 by offering private parties guaranteed occupation of such godowns for the periods from 3 to 5 years implying a mechanism to repay the loans that may be advanced by banks to private entrepreneurs availing of the scheme from out of the rent receivable. The plaintiff availed of the scheme and constructed 20 godowns for the Defendant No.1 at Burdwan. According to the plaintiff, the Defendant No.1 had agreed to take 20 godowns to be constructed b...
Bhola Nath Ghosh and anr. Vs. Gayatri Mitra and ors.
Court: Kolkata
Decided on: Jul-24-2014
ORDER SHEET GA NO.769 OF2014WITH CS NO.78 OF2009IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHOLA NATH GHOSH & ANR. Versus GAYATRI MITRA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 24th July, 2014. Mr.S.Chakraborty, Ms.S.Bhattacharyyaappear. Ms.S.MitraappeaRs.The Court : The applicant is aggrieved by determination of stamp duty at Rs.10,83,085/-. This was assessed on a final partition decree made by this Court on 16th July, 2012. Learned counsel for the petitioner submits that the rate at which stamp duty has been determined is equal to the rate at which the same is charged at the time of execution of a conveyance. He says that the duty should be assessed as provided in item no.45 of Schedule IA to the Indian Stamp Act, 1899. He also submits citing Smt. Kamal Sukla versus Smt. Krishna Roy, reported in 2004 [1].CLJ56that the duty payable is fixed on the date of institution of the proceeding. Thirdly, he submits that the officer assessing dut...
Pasupati Dutta Vs. Kalpana Dutta
Court: Kolkata
Decided on: Jul-24-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.521 of 1992 Pasupati Dutta versus Kalpana Dutta For Added Defendant Nos.5, 6 and 7 : Mr.Arindam Mukherjee, Advocate Ms.Sananda Mukherjee, Advocate For the Defendant Nos.1(a) and 1(b) : Mr.Haradhan Banerjee, Advocate Mr.Sumit Kr. Ray, Advocate Mr.Nayemuddin Munshi, Advocate For the Defendant No.2 : Mr.N.Chowdhury, Advocate Heard on : July 04, 2014 Judgment on : July 24, 2014 DEBANGSU BASAK, J.:- The partition suit relates to the division of the estate left behind by Moni Mohon Dutta since deceased. Late Moni Mohon Dutta was survived by his widow, the original Plaintiff No.1, four sons being the Plaintiff No.2, Defendant Nos.1, 2 and 3 and one daughter, the Defendant No.4, as his heirs and legal representatives. The suit was filed by the widow of late Moni Mohon Dutta as the Plaintiff No.1, and one of his sons the Plaintiff No.2, against the other heirs and le...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-24-2014
ORDER SHEET CP NO.299 OF2014CA NO.202 OF2014IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : R .S.FUEL PVT LTD AND ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th July, 2014. MR.R.K.TIWARI, MR.R.K.PANDEY,ADVOCATES FOR PETITIONERS MR.S.S.SARKAR, MR.RAJ.SAHA,ADVOCATES FOR U.O.I.The Court : Two objections have been raised. The fiRs.objection is based on the letter dated 1st May, 2014 issued by the income tax authority whereby the income tax authorities are seeking to ascertain whether the transferee company has brought forward this loss or unabsorbed depreciation claimed in its return of income filed. According to counsel for the applicant transferee company the transferee company is a profit making company therefore, the question of any loss arising or unabsorbed depreciation being claimed cannot arise. Therefore the fiRs.objection of the Central Government cannot be sustained and is rejected. The second objection is with regard to adoption of acc...
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