Kolkata Court August 2014 Judgments
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Chemicals Corporation Ltd. Vs. Balaji Solutions Ltd.
Court: Kolkata
Decided on: Aug-21-2014
GA No.1411 of 2013 GA No.1412 of 2013 CS No.76 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction RAJASTHAN FERTILISERS AND CHEMICALS CORPORATION LTD.Versus BALAJ.SOLUTIONS LTD.(FORMALLY KNOWN BALAJ.SOLUTIONS PVT.LTD.) BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 21st August, 2014. Appearance: Mr.Arindam Mukherjee, Adv.Ms.Ahana Sikdar, Adv.The Court : The application for summary judgment and the application for stay of the suit are taken up together and disposed of by this common order. The defendant has filed the suit, CS No.76 of 2013, for specific performance of the agreement. Such suit is prior to point of time. The plaintiff has filed a suit for eviction. In the event the defendant succeeds in its suit for specific performance, then the question of eviction would not arise and vice versa. The defence of specific performance of the contract has been taken by the defendant in the affidavit-in-opposition. requires adjudication and cannot be decided summarily....
C.i.T. Centrali, Kolkata Vs. M/S East End Skills Pvt Ltd
Court: Kolkata
Decided on: Aug-21-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE G.A.No.2394 of 2014 ITAT No.122 of 2014 C.I.T.CENTRAL-I, KOLKATA Versus M/S EAST END SKILLS PVT LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 21st August, 2014. Ms.S.Das De, Advocate Mr.J.P.Khaitan, Sr.Adv.Mr.Supratik Sarkar Adv.Mr.C.S.Das, Adv.The Court : The other matters appearing along with this matter are delinked and the present application and the appeal are taken up for hearing. This appeal under section 260A of the Income Tax Act has been preferred by the revenue against the order dated 6th May, 2014 passed in ITAT A Bench, Kolkata in ITA No.521/kol/2012/712/kol/2013 for the assessment year 2007-08 on the following questions. (i) Whether on the facts and in the circumstances of the case, the learned Tribunal was justified in upholding the decision of the CIT (Appeal) deleting the additions made under section 2(22)(e) of the said Act on account of th...
Md. Shamim Vs. the Cesc Ltd. and ors.
Court: Kolkata
Decided on: Aug-21-2014
ORDER SHEET GA No.2120 of 2014 WITH WP No.422 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Md.SHAMIM Versus THE CESC LTD.& ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 21st August, 2014. Appearance : Mr.M.M.Verma, Adv.Mr.A.Verma, Adv.for the petitioner Mr.N.G.Sarkar, Adv.Mr.A.Sarkar, Adv.for the respondent No.3 to 22 Mr.Subrata Dutt, Adv.for CESC Mr.A.K.Ghosh, Adv.Mr.A.Dey, Adv.for KMC The Court : The matter is taken up for hearing along with G.A.No.2120 of 2014. The learned advocates are present on behalf of the parties. Mr.Alok Kr. Ghosh, learned advocate has filed a report on behalf of Kolkata Municipal Corporation along with two photographs whichever duly shown to the learned advocates of the parties. The matter was heard and in the midst of hearing the learned advocate appearing on behalf of the private respondents took me to Annexure-D of the G.A.No.2120 of 2014 to show that another writ petition No.170 of 2011 is pending and ...
Sabyasachi Dasgupta Vs. C.i.T. Xix Kol
Court: Kolkata
Decided on: Aug-21-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No.370 of 2006 SABYASACHI DASGUPTA Versus C.I.T.XIX KOL BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 21st August, 2014. Mr.R.N.Dutt, Adv.Ms.Sutapa Roychowdhury, Adv.Ms.A.G.Gutgutia, Adv.The Court : This appeal under section 260A of the Income Tax Act, 1961 was admitted on the following question of law: Whether the facts and in the circumstances of the case, and on a true interpretation of Section 68 of the Income Tax Act, 1961, Income Tax Appellate Tribunal is right in law that the said section is to be invoked and the addition is rightly upheld ?. At the very outset, Mr.R.N.Dutt, learned advocate appearing for the appellant submits that the assessee did not maintain any books of accounts as provided under section 44A of the Income Tax Act. In this regard, our attention has been drawn to the fiRs.assessment order dated 29th January, 1993 wherein, inter alia...
Indian Jute Mills Association Vs. Bengal Chamber of Commerce and Indus ...
Court: Kolkata
Decided on: Aug-21-2014
GA No.1892 of 2013 CS No.206 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Indian Jute Mills Association Versus Bengal Chamber of Commerce & Industry Before: The Hon'ble Justice ARIJIT BANERJEE Date: 21st August 2014 Appearance: Mr.Ranjan Deb, Sr.Advocate Mr.S.Talukdar, Sr.Advocate Ms.H.Chakraborty, Advocate Mr.D.K. Jain, Advocate for the plaintiff Mr.Rwitabrata Mitra, Advocate for the defendant The Court: The plaintiff filed the suit claiming specific performance of an oral agreement to lease out the concerned premises and also for declaration and injunction. The plaintiff was already in possession of the concerned premises. Apprehending disruption of essential services the plaintiff filed GA No.1892 of 2013, inter alia, for an order of injunction restraining the defendant from disrupting the essential services. On such application an order dated 8th August 2013 was passed by Patherya, J. which recorded the defendants submission that it had intention of di...
Rajat Fiscal Services Pvt. Ltd. and anr. Vs. Oriental Bank of Commerce ...
Court: Kolkata
Decided on: Aug-21-2014
ORDER SHEET WP No.769 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAJAT FISCAL SERVICES PVT.LTD.& ANR. Versus ORIENTAL BANK OF COMMERCE & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 21st August, 2014. Appearance : Md.Nasiruddin, Adv.Mr.M.Rahaman, Adv.Mr.T.A.Khan, Adv.Mr.A.Jamal, Adv.for Oriental Bank of Commerce Mr.Arindam Banerjee, Adv.Ms.Arpita Saha, Adv.Mr.Ashis Mukherjee, Adv. for the petitioner The Court : This is an application under Article 226 of the Constitution of India regarding the matter under SARFAESI Act, 2002 and the rules framed therein. The matter is taken up for further hearing. The learned advocates appearing on behalf of the writ petitioner and also the respondents. Perused the writ application and the documents. It is submitted by the learned advocate appearing on behalf of the writ petitioner that even though in the notice of sale by the Oriental Bank of Commerce (Annexure P-1) the total area of the property...
Govind Promoters Pvt Ltd and ors Vs. Birla Corporation Ltd and ors
Court: Kolkata
Decided on: Aug-21-2014
ORDER SHEET T No.294 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE GOVIND PROMOTERS PVT LTD & ORS Versus BIRLA CORPORATION LTD & ORS BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 21st August, 2014. Appearance : Mr.Partha Sarathi Sengupta, Sr.Adv.Mr.Anirban Ray, Adv.Mr.Suddhasatva Banerjee, Adv.Mr.Amit Agarwalla, Adv.for the plaintiffs/petitioners Mr.A.K.Mitra, Sr.Adv.Mr.Pratap Chatterjee, Sr.Adv.Mr.Abhrajit Mitra, Sr.Adv.Ms Manju Bhuteria, Adv.Mr.S.Kr. Trivedi, Ad. Mr.Jishnu Chowdhury, Adv.Mr.S.Mukherjee, Adv.Mr.S.Ray Chowdhury, Adv.Mr.Satadip Bhattacharya, Adv.for the respondents The Court : Leave is granted to put in deficit Court fees by August 26, 2014. The Advocate-on-Record of the plaintiffs is appointed as Receiver for this purpose. On deposit of the Court fees, the Receiver shall stand automatically discharged. In the event Court fees are not deposited within the time prescribed, the suit shall stand dismissed. Considering the prayer of the plain...
Vs. Deputy Commissioner of Income Tax, Circle12, Kolkata and ors.
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET W.P.No.478 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.SAJ FOOD PRODUCTS PVT.LTD.& ANR. Versus DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-12, KOLKATA & ORS.Petitioners Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th August, 2014. For Petitioners : Mr.R.Bharadwaj, Adv.For Respondents : Mr.R.N.Bandyopadhyay with Mr.P.Dudharia & Mr.S.K.Baid, Adversus The writ petitioners have a pending appeal before the Commissioner [Appeals].The appeal is from an assessment order. Along with the appeal they have also filed a stay application which is also pending. Learned Counsel for the petitioneRs.Mr.Bharadwaj, submits that pending consideration of the appeal and the stay application, the assessing officer should not exercise powers under Section 220[6].of the Income Tax Act, 1961 to his clients detriment. The writ petitioners have also challenged the vires of this section. Mr.Bandyopadhyay, learned Counsel for the revenue, very fai...
inland Vikas Limited Vs. Central Inland Water Transport Corporation Lt ...
Court: Kolkata
Decided on: Aug-20-2014
1 APOT No.458 of 2014 GA No.2604 of 2014 AP No.1066 of 2014 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE INLAND VIKAS LIMITED Versus CENTRAL INLAND WATER TRANSPORT CORPORATION LTD (CIWTC) BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 20th August, 2014. Appearance: Mr.Arindam Mukherjee with Mr.Deepak Jain, ld. Advocates For the appellant. Mr.Kishore Dutta, Sr.Advocate Learned Advocate for the respondent. The Court :- This appeal is against the order dated July 28, 2014 with regard to appointment of one Mr.Samit Talukdar, Senior Advocate as Arbitrator. In brief, the facts that led to filing of the appeal are as follows: Initially, one Arbitrator in terms of the agreement between the parties came to be appointed who had to be replaced with the intervention of the Court as the appellant herein before us alleged bias. Subsequently, when the second Arbitrator came to be appointed, it was also challenged. Howe...
Vs. Rooprekha Sales Pvt.Ltd.
Court: Kolkata
Decided on: Aug-20-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side G.A.2568 of 2013 APOT433of 2014 C.S.16 of 2012 NAVKAR BUI8LDESTATES PVT.LTD.Versus ROOPREKHA SALES PVT.LTD.G.A.2569 of 2014 APOT434of 2014 C.S.66 of 2012 NAVAKAR INFRAPROJECTS PVT.LTD.Versus GUNMALA SALES PVT.LTD.G.A.2570 of 2014 APOT435of 2014 C.S.65 of 2012 NAVKAR BUILDESTATES PVT.LTD.Versus GUNMALA SALES PVT.LTD.G.A.2571 of 2014 APOT436of 2014 C.S.33 of 2012 NAVKAR BUILDESTATES PVT.LTD.Versus FAST FLOW DEALCo.PVT.LTD.G.A.2572 of 2014 APOT437of 2014 C.S.64 of 2012 NAVKAR BUILDWELL PVT.LTD.Versus ROOPREKHA SALES PVT.LTD.G.A.2573 of 2014 APOT438of 2014 C.S.30 of 2012 SHANTI LAL MEHTA Versus FAST FLOW DEALCo.PVT.LTD.G.A.2574 of 2014 APOT439of 2014 C.S.31 of 2012 KOMAL SINGH MEHTA Versus FAST FLOW DEALCo.PVT.LTD.G.A.2575 of 2014 APOT440of 2014 C.S.32 of 2012 ANU MEHTA Versus FAST FLOW DEALCo.PVT.LTD.G.A.2576 of 2014 APOT441of 2014 C.S.37 of 2012 NAVKAR PROMOTERS PVT.LTD.Versus FAST FLOW DEALCo.PVT.LTD.G.A.2577 of 20...
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