Kolkata Court July 2014 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-23-2014
ORDER SHEET CP4392014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: HIMANGINI GOLD INDIA LTD.-ANDSOUMEN BISWAS BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 22nd July, 2014. Appearance: Mr.Chayan Gupta, Adv.Mr.A.K.Mishra ...for the petitioning creditor. The Court : In or around October 2012 Himangini Gold India Limited (In short the company) invited applications for subscription to a gold scheme wherein at the end of the period of the scheme, and subject to payment of the specified instalments, gold jewellery of the equal value would be delivered by the company. Pursuant to the offer, the petitioning creditor applied and subscribed to a scheme having a validity period of twelve months with instalment of Rs.17,000/- per month. The said scheme was redeemable on November 1, 2013 and at the end of the scheme the petitioning creditor was to be delivered the gold jewellery worth Rs.2,29,500/-. By its letter dated November 15, 2013, the petitioner wrote to the com...
Dcm Decometal Gmbh Vs. Rohit Ferro Tech Limited
Court: Kolkata
Decided on: Jul-23-2014
A.P. No.194 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side DCM DECOMETAL GMBH Vs. ROHIT FERRO TECH LIMITED Appearance: Mr. Anindya Kr. Mitra, Sr. Advocate, Mr. Avrajit Mitra, Mr. Jishnu Chowdhury, Mr. S.S.Banerjee, Mr. S. Chatterjee, Mr. S. Roy Chowdhury, Mr. S. Ghosh, Mr. A. Sardar, ..Advocates for Petitioner Mr. S.N. Mookerjee, Mr. Tilak Bose, Sr. Advocates, Mr. Samrat Sen , Mr. Paritosh Sinha, Ms. Monali Bose, Ms. Sreyashi Saha .Advocates for Respondent Heard On:- 10th June, 2014 Judgement On: - 23rd July, 2014 I.P. Mukerji, J.The Court: The petitioner is an Austrian company having its place of business in Austria. The respondent claimant is an Indian company having its registered office at 35, Chittaranjan Avenue, Kolkata-. The arbitration in which these two parties were involved was an International Commercial Arbitration within the meaning of Section 2 (1) (f) of the Arbitration and Conciliation Act.1996. The place where the arbitration t...
Sri Sri Iswar Gaja Lakshi Mata Thakurani and ors. Vs. Marshall Sons an ...
Court: Kolkata
Decided on: Jul-23-2014
ORDER SHEET G.A.No.2077 of 2014 With C.S.No.164 of 1988 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Sr.Sr.ISWAR GAJ.LAKSHI MATA THAKURANI & ORS.Versus MARSHALL SONS & COMPANY & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 23rd July, 2014. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Rajarshi Dutta, Adv.Mr.Chanchal Dutta, Adv. for the applicants Mr.P.S.Basu, Sr.Adv.Mr.D.S.Mishra, Adv.Mr.Deb Dutta Basu, Adv.Mr.S.K.Mishra, Adv. for the defendant no.2 The Court: The application was for recalling of the witness of the plaintiffs. On behalf of the plaintiffs it was contended that, the Exhibit 6 series was introduced in evidence by the second witness of the defendant no.2. Such documents were not disclosed at the time of commencement of the trial. Such documents were introduced through the second witness of the defendant no.2. Learned Advocate also referred to question Nos.43 and 44 of the fiRs.witness of the defendant no.2 who stated that, there w...
Ashok Chaudhury Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-23-2014
ORDER SHEET WP6342014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASHOK CHAUDHURY Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 23rd July, 2014. Mr.S.N. Mukherjee, Adv.with Mr.S.S.Akhtar, Adv., for petitioner. Mr.A.Chatterjee, Sr.Adv., for State. The Court : The petitioner has prayed for quashing of the draft notification agreement dated executed May 21, between 2014, the publishing States of a draft West Bengal reciprocal and Bihar transport inviting objections thereto from interested parties within thirty days from the date of publication of the said notification before the Joint Secretary of the Transport Department with a further direction that the objectors will be heard by the Joint Secretary within thirty days thereof. A supplementary affidavit has been filed today enclosing published notice under section 88(5) of the Motor Vehicles Act, 1988 the stating inter alia that the date of hearing has been fixed...
Commissioiner of Income Tax, Koliv Vs. M/S. Andaman Sea Food Pvt. Ltd.
Court: Kolkata
Decided on: Jul-23-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.19 of 2013 GA No.188 of 2013 COMMISSIOINER OF INCOME TAX, KOL-IV Versus M/S.ANDAMAN SEA FOOD PVT.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 23rd July, 2014. For Appellant : For Respondent : Mr.S.N. Dutta, Advocate Mr.R.K. Murarka, Advocate with Mrs.S.Roy Chowdhury, Advocate The Court : The subject matter of challenge in this appeal is a judgment and order dated 19th June, 2012 by which the learned Income Tax Appellate Tribunal agreeing with the views of the CIT (A) dismissed an appeal preferred by the revenue. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal. The facts and circumstances, briefly stated, are as follows: During the assessment year 2008-09 the assessee paid consultancy charges amounting to a sum of Rs.37,97,246/- on 27th March, 2008 and a sum of Rs.2,62,25,400/- was credited to the account o...
Smt. Mili Dutta and ors. Vs. Smt. Kana Bose and ors.
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET CS No.641 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. MILI DUTTA & ORS.Versus SMT. KANA BOSE & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd July, 2014. Appearance: Ms.Rakhi Sharaff, Adv.Mr.M.S. Tiwary, Adv.Smt. Krishna Dutta, appears in person. The Court : Smt. Krishna Dutta appears in person and submits that the authority earlier granted to her Advocate-on-Record has since been revoked and she would henceforth represent her own case. The said defendant no.3 has offered herself for examination and cross examination. Mr.M.S.Tiwary, learned counsel appearing on behalf the plaintiffs and Ms.Rakhi Sharaff, learned counsel appearing for defendant No.1B, submits that Mr.Surajit Nath Mitra, learned senior counsel, has expressed inability to act as Joint Commissioner of Partition since the parties are known to him. In view thereof, Mr.Surajit Nath Mitra, learned senior counsel, is discharged. It appears that a scheme of pa...
Ripon Estates Ltd. Vs. Limtex (India) Ltd.
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET CS No.587 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RIPON ESTATES LTD.Versus LIMTEX (INDIA) LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd July, 2014. Appearance: Mr.Malay Ghosh, Sr.Adv.Ms.Suparna Mukherjee, Adv.Mr.G.P.Shaw, Adv.for the plaintiff Mr.Ashis Chakraborty, Adv.Mr.Rajarshi Dutta, Adv.Mr.A.P.Agarwalla, Adv.for the defendant. The Court : Mr.Malay Ghosh, learned senior counsel appearing on behalf of the plaintiff produces before this Court a medical report of Dr. Subhashis Deb attached to B.P.Poddar Hospital & Medical Research Limited. The contents of the report, however, being challenged by Mr.Ashis Chakraborty. In view of the aforesaid, in absence of any application for examination of the witness on Commission, this Court is not inclined to allow the prayer of Mr.Ghosh for examination of Mr.Ashis Poddar on Commission. In any event, on an allegation being made by the defendant that Mr.Ashis Poddar is closely as...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-22-2014
CP No.10 of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: CAPRICORN ISPAT UDYOG PVT.LTD.-AndKJ ISPAT LTD.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 22nd July, 2014. Appearance: Mr.Rima Das, Adv.Mr.A.P. Agarwal, Adv...for the petitioner The Court : The petitioner supplied sponge iron to the company on 5th June, 2013 and 8th June, 2013 of the total value of Rs.21,42,765/-. The company failed, neglected and refused to pay the price of the said goods. The company acknowledged its liability to pay the said amount by putting its seal and signature on confirmation of accounts. Since no payment was forthcoming, statutory notice dated November 27, 2013 was served on the company. There was no reply to such notice. Hence the present winding up petition. On 7th April, 2014 this Court recorded an order that in spite of service nobody appeared on behalf of the company. Direction was given for filing affidavits and the petitioner was directed to communicate the sa...
Vs. G.B. Products and ors.Defendants/Respo
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET G.A.No.2162 of 2014 C.S.No.245 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BRIJ GOPAL MUNDHARA Versus G.B.PRODUCTS & ORS.Plaintiff/Petitioner Defendants/Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd July, 2014. For Plaintiff/Petitioner : Mr.Ranjan Bachawat, Sr.Adv.with Mr.Sayantan Bose & Mr.Prithvi Raj Sinha, Adversus For Defendant Nos.1&3 : Mr.Soumya Chowdhury with Mr.Sunil Singhania, Adversus For Defendant Nos.2,4 & 5 : Mr.Soumabha Ghose, Adv.This is an action under the Designs Act, 2000. Section 11 of the Act provides that when the design is registered, the proprietor of the design shall have copyright for ten yeaRs.Section 22 thereof describes unlawful use of copyright in a design as piracy. The plaintiff is the manufacturer and seller of childrens wear. Pictures of those dresses are shown in Annexure B at page 25 of the petition. According to the plaintiff, these dresses are novel in terms of shape, configur...
Hollyfield Traders Pvt Ltd Vs. Surya Mansions Pvt Ltd
Court: Kolkata
Decided on: Jul-22-2014
ORDER SHEET APO1582014 CP4722013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HOLLYFIELD TRADERS PVT LTD Versus SURYA MANSIONS PVT LTD BEFORE: The Hon'ble MR.JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 22nd July, 2014. Mr.Utpal Bose, Advocate Mr.Kuldeep Mullick, Advocate Ms.DeboSr.Dutta, Advocate for the appellant. Mr.Nirmalya Dasgupta, Advocate Mr.Shaunak Sengupta, Advocate Mr.Piyush Changia, Advocate Ms.Pritha Basu, Advocate for the company. Mrs.Lopita Banerjee, Advocate Mr.A.Poddar, Advocate for the intervenor. The Court : The appellant is a creditor of the respondent company. The appellant filed a petition for winding-up, inter alia, praying for winding-up on the ground of non-payment of a sum of Rs.4 crores on account of consideration money in respect of an immovable property that the company failed to transfer in favour of the appellant. When the winding-up petition came up for hearing before the learned Single Jud...
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