Kolkata Court August 2014 Judgments
Magma Fincorp Ltd. Vs. Manju Devi and ors.
Court: Kolkata
Decided on: Aug-29-2014
EC No.167 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.-VersusMANJ.DEVI & ORS.Appearance: Mr.K.K.Pandey, Adv...for the decree-holder. Mr.Subrata Bhattacharyya, Adv...for the judgment-debtor No.1. Mr.Biswabrata Basu Mallick, Adv...for the judgment-debtor No.3. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th August, 2014. The Court : Although the warrant of arrest could not be executed as it appears from the report filed by Chandra Nath Chakraborty, the Officer-in-Charge of the Durgapur Police Station that in spite of attempts being made to execute the warrants, the judgment-debtors could not be traced. However, surprisingly the judgment-debtor Nos.1 and 3 are present in Court. The judgment- debtor No.2 is in jail custody at Jahanabad jail in connection with case No.360 of 2013. In view thereof, the warrant of arrest against the said judgment-debtor could not be executed. The jail superintendent of Jahanabad jail is directe...
Tag this Judgment!Turner Morrison Limited Vs. National Insurance Company Limited, Divisi ...
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET GA No.2726 of 2014 With CS No.230 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TURNER MORRISON LIMITED Versus NATIONAL INSURANCE COMPANY LIMITED, DIVISION-1 BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th August, 2014. Appearance: Mr.Jishnu Saha, Sr.Adv.Mr.Ashish Kr.Mukherjee, Adv.Ms.Ahana Sikdar, Adv.Mr.Malay Ghosh, Adv.The Court : This application IS for recalling of the decree dated 18th September, 2013 filed on 22nd August, 2014 is thoroughly misconceived and does not augur well with the defendant. The suit was adjourned from time to time in order to enable the parties to arrive at a settlement. The order was passed in presence of the defendant as well as the responsible officer of the defendant. At the request of the said defendant so far as this Court recollects the matter was adjourned since it was contended on behalf of the defendant that the defendant would require approval from the appropriate authority and thereafter...
Tag this Judgment!Commissioner of Income Tax, Kolkataxvii, Kolkata Vs. Shri Arjun Bhowmi ...
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET GA NO.2683 OF2014ITAT NO.134 OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE IN THE MATTER OF : COMMISSIONER OF INCOME TAX, KOLKATA-XVII, KOLKATA Versus SHRI ARJUN BHOWMICK BEFORE: The Hon'ble JUSTICE SOUMITRA PAL AND The Hon'ble JUSTICE ARINDAM SINHA Date : 29th August, 2014. MS.SMITA DAS DE,ADVOCATE FOR APPELLANT The Court : This appeal has been filed under Section 260A of the Income Tax Act, 1961 against the order dated 13th March, 2014 passed by the Income Tax Appellate Tribunal B Bench, Kolkata in I.T.A.No.767/Kol/2013 for the assessment year 2008-09 on the following questions:i) Whether on the facts and in the circumstances of the case the Tribunal was justified in law in not applying the provisions of Section 40(a)(ia) of the said being specific disallowances for non deduction of tax at source. ii) Whether on the facts and in the circumstances of the case the Tribunal was justified in law to direct that once profit rate is estimated...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Ai Champdany Indutries Ltd.
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET APOT4292014 GA27482014 AP6072014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ORIENTAL INSURANCE Co.LTD.Versus AI CHAMPDANY INDUTRIES LTD.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 29th August, 2014. Mr.Rajesh Singh, Advocate for the appellant. Mr.Jishnu Saha, Senior Advocate Mr.Sabyasachi Chowdhury, Advocate Syed E. Huda, Advocate for the respondent. The Court : The facts would depict, an application under Section 34 of the Arbitration and Conciliation Act, 1996 was partly allowed. Hence, this appeal at the instance of the insurance company. Mr.Rajesh Singh, learned Counsel appearing for the appellant, would inform this Court, the admitted amount of Rs.1,44,50,511.00 (Rupees one crore fourty four lakhs fifty thousand and five hundred eleven) has already been paid to the respondent. Hence, the awarded sum less the amount interfered with by the learned single Judge be deposited with the Registrar, Ori...
Tag this Judgment!Man Mohan Kedia Vs. Income Tax Officer, Ward 32(1), Kolkata and ors.
Court: Kolkata
Decided on: Aug-29-2014
W.P.No.64 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Man Mohan Kedia versus Income Tax Officer, Ward- 32(1).Kolkata & ORS.Appearance: Mr.A.Sen, Advocate ..Advocate for Writ petitioner Ms.S.De, Advocate .Advocate for Respondent Heard On:- 20.08.2014 Judgement On: - 29.08.2014 I.P.Mukerji, J. The writ petitioner manufactures paints and related products. He also deals in computer accessories. For the assessment year 2006 2007 he filed a return of income under the Income Tax Act, 1961. It was filed on 23rd October, 2006. Total income was declared as Rs.3,29,860/-. Tax due thereon was shown as Rs.49,937/-. It was also declared there that advance tax of Rs.75,000/- had been paid. A refund of Rs.25,563/- was claimed. The previous or the financial year was 2005-2006 . According to the writ petitioner, he attached a note that Rs.17,97,336/- was received by him in that financial year as subsidy under the West Bengal Industrial Promotion Scheme, 1994. Th...
Tag this Judgment!Pvt. Ltd. Vs. Om Prakash Sonik and ors.
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.1741 of 2013 With CS No.202 of 2013 ASHA AUDIO COMPANY AND SAGARIKA MUSIC PVT.LTD.Versus OM PRAKASH SONIK & ORS.GA No.1830 of 2013 With CS No.202 of 2013 ASHA AUDIO COMPANY AND SAGARIKA MUSIC PVT.LTD.Versus OM PRAKASH SONIK & ORS.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 29th August, 2014. Appearance : Mr.Jayanta Kumar Mitra, Sr.Advocate Mr.S.S. Banerjee, Advocate Mr.Aninda Kumar Mitra, Sr.Advocate Mr.Ranjan Bachawat, Sr.Advocate Mr.Soumya Roychowdhury, Advocate The Court : GA No.1830 of 2013 is an application made by one Anand Srivastav represented by learned Senior counsel Mr.Ranjan Bachawat. The prayers in the application are for leave to intervene and if necessary for being added as party defendant. The suit has been filed with leave under Order 1 Rule 8 of the Code of Civil Procedure. Mr.Bachawats client has been appearing in the proceeding from the very beginning. No.4 Soci...
Tag this Judgment!Smt. Kabita Sit Vs. Bikram Sen and ors.
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET CC No.167 of 2011 With WP No.1551 of 2006 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction (Contempt) SMT. KABITA SIT Versus BIKRAM SEN & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 29th August, 2014. Mr.Dilip Kr. Samanta, Mr.Biswapriya Samanta, Advocates for the petitioner. Mr.Joytosh Majumdar, Mr.Shaminul Bari, Advocates for District Inspector of Schools (S.E.).The Court : Pursuant to the direction passed by this Court earlier on 22nd August, 2014 in this contempt proceeding both the Headmistress of the concerned school and the concerned District Inspector of Schools (S.E.) are personally present in Court today. The arrear claim statement prepared by the school authority has also been brought by the Headmistress of the said school. It is submitted by her that the said arrear claim statement was produced before the Secretary of the Managing Committee of the said school for his signature but he refused to sign without disclosing any reason. However...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-29-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION PRESENT : THE HONBLE JUSTICE PATHERYA C.A.No.570 of 2013 C.P.No.116 of 1996 JAYPEE TRADING Co.LTD.V.THE OFFICIAL LIQUIDATOR For the applicant : Mr.Surajit Nath Mitra, Mr.Arindam Mukherjee, Mr.Deepak Jain. For the official liquidator : Mr.Jishnu Chowdhury, Mr.Amitra Basu. For the employees : Mr.Aniruddha Roy. Heard on : 26.06.2014, 30.06.2014, 09.07.2014. Judgement on : 29th August, 2014. PATHERYA, J. : By this application the applicant herein seeks to disclaim the subject premises in Mysore and for completion of sale by execution of deed of conveyance. The case of the applicant is that the company, Remington Rand of (India) Limited went into liquidation on 6th December, 1999. Prior thereto, the company and the applicant herein entered into an agreement dated 1st April, 1995 for sale of the factory as a going concern alongwith the land for Rs.1.70 crore. It was agreed that the sum of Rs.8 lakhs advanced by the applicant ...
Tag this Judgment!Shree Padmawati Metaliks Pvt. Ltd. Vs. State Bank of India
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET GA No.2324 of 2014 With CS No.77 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHREE PADMAWATI METALIKS PVT.LTD.Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th August, 2014. Appearance: Mr.A.Roy, Adv.Mr.S.K.Chakraborty, Adv.Mr.R.C.Prusti, Adv.Mr.J.N.Manna, Adv.The defendant earlier Court : This application is at the bank presumably on that bank orders the an instance of interpretation is precluded application for recovery of their debts. given from to filing the the an Such understanding of the respondent bank, in my view, is erroneous. This Court cannot prevent the bank to initiate the recovery proceeding against its constituent if any such right has accrued in favour of the bank under the provisions of the Recovery of Debts due to Banks and Financial Institution provisions. Act or for that matter under any other That order would be contrary to the provisions of the Specific Relief Act as well as agai...
Tag this Judgment!Akaryakit Turizm San Ve Tic Ltd. Sti. Vs. the Owners and Parties Inter ...
Court: Kolkata
Decided on: Aug-29-2014
TA No.138 of 2014 T. No.295 of 2014 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION Laguna Enerji Ve Gemi Acenteligi Akaryakit Turizm San Ve Tic LTD.Sti. Versus The Owners and Parties interested in the Vessel M.V.Bulk Rose Before: The Hon'ble Justice I.P.MUKERJ.Date: 29th August 2014 Appearance: Mr.T.K. Bose, Sr.Advocate Mr.Swatarup Banerjee, Advocate Mr.Subhojit Roy, Advocate Mr.Rohit Mukherji, Advocate for the plaintiff The Court: This is an application in aid of an admiralty suit for arrest of the vessel M.V.Bulk Rose. It is now berthed at the Vishakhapatnam Port. The urgency shown yesterday, while obtaining leave to present the plaint and move this application today, was that unless appropriate orders were passed immediately the vessel was likely to leave the Indian territorial waters very soon. Accordingly, leave was granted to present the plaint and move the application today. The claim of the plaintiff arises out of supply of bunker fuel, being necessaries by them to the ab...
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