Kolkata Court August 2014 Judgments
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Unit Construction Co. Pvt. Ltd. Vs. Union of India and anr.
Court: Kolkata
Decided on: Aug-20-2014
1 GA1567of 2014 WITH CS84of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE UNIT CONSTRUCTION Co.PVT.LTD.VERSUS UNION OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th August, 2014. For the applicant : Mr.S.K.Sengupta,Advocate Mr.Debashish Das,Advocate Mr.Bidyut Dutt,Advocate Mr.Soumik Sengupta,Advocate For the petitioner : Mr.Sankarsan Sarkar,Advocate Mr.Sujit Kr. Singh,Advocate Mr.Anirban Ray,Advocate appeaRs.The Court :- This is an application for variation and/or modification of the order dated 6th March,2014. The present application is in the nature of an application under Section 8 of the Arbitration and Conciliation Act, 1996. The plaintiff in the case of invocation of bank guarantee arising out of a contract as usually it happened impleaded the bank in an attempt to bypass the arbitration agreement. The guarantee was in the nature of a performance guarantee. Disputes and differences have arisen between the parties while executing the contract awarded to the pl...
Cit, Kolx, Kolkata Vs. Vivek Bose
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE G.A.No.1552 of 2014 ITAT No.52 of 2014 CIT, KOL-X, KOLKATA Versus VIVEK BOSE BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 20th August, 2014. Ms.Soma Chatterjee, Adv.Mr.Abhratosh Majumder,Adv.Mr.Avra Majumder, Adv The Court : This appeal under section 260A of the Income Tax Act, 1961 preferred by the revenue against the order dated 19th December, 2013 passed by Income Tax Appellate Tribunal C Bench, Kolkata in ITA No 1236/Kol/2013 relating to the assessment year 2008-0569 on the following questions. (i) Whether valuation the of learned the Tribunal property made erred by in DVO deleting under the section 55A(b)9ii) of the Income Tax Act, 1961 without appreciating the fact that the reference to DVO was validly made for ascertaining fair market value of the property as on 1st April, 1981 for computing correct capital gain as envisaged in Chapter IV E of the Income...
Kedarnath Radha Kishan and ors. Vs. the Bengal Bonded Warehouses Asson ...
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET GA No.2358 of 2014 WITH CS No.833 of 1982 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KEDARNATH RADHA KISHAN & ORS.Versus THE BENGAL BONDED WAREHOUSES ASSON. & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 20th August, 2014. Appearance : Ms.Sutapa Sanyal, Adv.Mr.A.Basu, Adv.Mr.A.Sarkar, Adv.for the petitioner Mr.Dbdut Mukherjee, Adv.Ms.Pritha Basu, Adv.for the respondent No.1 The Court : The learned advocate of the petitioner is present and so also the learned advocate appearing on behalf of the contesting opposite parties. The matter is taken up for further hearing. continuation of order dated August 18, 2014. This order may be treated as Perused the said order, the case was adjourned on that date at the instance of the petitioner so that she can apprise this Court regarding the cause of delay in filing of this application. Naturally this hearing is restricted only on that point. It is submitted by the learned advocate appearin...
Commissioner of Income Tax, Kolkataii, Kolkata Vs. M/S. Essel Mining a ...
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET GA No.1702 of 2014 ITAT No.57 of 2014 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-II, KOLKATA Versus M/S.ESSEL MINING & INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 20th August, 2014. Appearance: Mr.P.Dudhoria, Adv.Mr.J.P.Khaitan, Sr.Adv.Mr.S.Das, Adv.Mr.C.S.Das, Adv.The Court :- This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the Revenue against the order dated December 19, 2013 passed by the Income Tax Appellate Tribunal, C Bench Kolkata in ITA No.1242/Kol/2010 relating to the Assessment Year 2002-2003 on the following questions: a) Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal erred in law in up holding order CIT(A) by holding that there was no mistake apparent from record and rectification order u/s.154 of the Income Tax Act, 1961 was passed by the Assessing Officer merely...
Ms. Arati Ghose Vs. Response Properties Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Aug-20-2014
GA1559of 2014 WITH CS316of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE Ms.ARATI GHOSE VERSUS RESPONSE PROPERTIES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th August, 2014. MRS.Lapita Banerji,Advocate appeaRs.Mr.A.C.Kar,Sr.Advocate appeaRs.Mr.P.C.Pal Chowdhury,Advocate appeaRs.The Court :- This is an application by the defendant No.1 for dismissal of the suit in view of failure on the part of the plaintiff to take out the writ of summons and lodge the same with the office of the Sheriff in terms of Rule 6 of Chapter 8 of the Original Side Rules. Mr.A.C.Kar,learned Senior Counsel appearing on behalf of the plaintiff draws my attention to an administrative direction issued with the approval of the Honble Justice Salil Kumar Roy Chowdhury (as His Lordship then was) and printed and published on 9th March,1977 which is reproduced hereinbelow : 1. Every plaint, written statement or other pleading which is without stamp or is insufficiently stamped shall be presented b...
Saregama India Ltd. and ors. Vs. Dishnet Wireless Ltd and ors.
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET G.A.No.1961 of 2014 C.S.No.85 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAREGAMA INDIA LTD.& ORS.Versus DISHNET WIRELESS LTD & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th August, 2014. Appearance : Mr.A.Mitra, Sr.Mr.S.Mukherjee, Mr.A.Chandra, Mr.S Basu, Mr.A.Ghosh, Adv.Adv.Adv.Adv.Adv.The Court : This is an application at the instance of the plaintiff necessitated by reason of the communication received by the plaintiff from the Department of Electronics and Information Technology, Government of India dated 5th of May, 2014 that the notification No.257(E) dated 17th May, 2010 appeared in the Gazette of India has been rescinded. The interlocutory application of the plaintiff was disposed of on 7th April, 2014 by a learned existing single interim judge order directing by using CERT-Ind their to implement technical the competence. Various directions were given to the said authority to ensure that the infringement of cop...
Saregama India Ltd. and ors. Vs. Alkesh Gupta and ors.
Court: Kolkata
Decided on: Aug-20-2014
ORDER SHEET G.A.No.1962 of 2014 C.S.No.85 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAREGAMA INDIA LTD.& ORS.Versus ALKESH GUPTA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th August, 2014. Appearance : Mr.A.Mitra, Sr.Mr.S.Mukherjee, Mr.A.Chandra, Mr.S Basu, Mr.A.Ghosh, Adv.Adv.Adv.Adv.Adv.The Court : This is an application at the instance of the plaintiff necessitated by reason of the communication received by the plaintiff from the Department of Electronics and Information Technology, Government of India dated 5th of May, 2014 that the notification No.257(E) dated 17th May, 2010 appeared in the Gazette of India has been rescinded. The interlocutory application of the plaintiff was disposed of on 7th April, 2014 by a learned existing single interim judge order directing by using CERT-Ind their to implement technical the competence. Various directions were given to the said authority to ensure that the infringement of copyright d...
Nif Ispat Ltd. Vs. V.S.P.Steel Pvt. Ltd.
Court: Kolkata
Decided on: Aug-19-2014
GA No.2638 of 2013 CS No.147 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction NIF ISPAT LTD.Versus V.S.P.STEEL PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th August, 2014. Appearance: Mr.Soumabho Ghose, Adv.Ms.Priyanka Prasad, Adv.Mr.Jayjit Ganguly, Adv.Mr.Rudrajit Saha, Adv.The Court : The plaintiff has instituted this suit for realisation of price of goods sold and delivered. The plaintiff refereed to various purchase orders/challans. The plaintiff claims that substantial amount is due and payable on account of price of goods sold and delivered. The defendant is seeking to resist the claim of the plaintiff on the technical ground that is to say this Court has no jurisdiction in view of the jurisdictional clause mentioned in each of the tax invoices/challans, Mr.Joyjit Ganguly, learned counsel appearing on behalf of the defendant, refers to the tax invoices which clearly mention that the subject-matter of the dispute can only be resolved by courts...
Vs. Deputy Commissioner of Sales Tax, Behala Charge and ors.
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET W.P.No.603 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VAMSHI RUBBER LTD.Versus DEPUTY COMMISSIONER OF SALES TAX, BEHALA CHARGE & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 19th August, 2014. For Petitioner : Mr.Piyal Gupta, Adv.For Respondents : Mr.P.Dudharia, Adv.Inter-state sale is involved in this case. The petitioner is the seller to a buyer outside West Bengal. For non-production of C form, adjudication, appellate and revisional orders have been passed against them, as stated in the prayer portion of the writ petition. The writ petitioners case now is that they have been able to collect further C forMs.If those C forms are allowed to be produced by them before the Sales Tax authorities, it is expected that favourable orders for the petitioner would be passed. Learned counsel for the petitioner also cites an un-reported decision of Harish Tandon, J. made on 29th January, 2014 in W.P.No.984 of 2013 [...
Numazar Dorab Mehta and ors. Vs. the Assam Company India Limited
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET EC No.170 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NUMAZAR DORAB MEHTA & ORS.Versus THE ASSAM COMPANY INDIA LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th August, 2014. Appearance: Mr.Jayanta Kr. Mitra, Sr.Adv.Mr.Dhruba Ghosh, Adv.Mr.Ashish Chakraborty, Adv.The Court : In view of the undertaking furnished by decree-holder, the Registrar, Original Side, High Court, the is directed to release the amount in favour of the decree-holder after deduction of all costs, charges and expenses. Although a Special Leave Petition is pending for sometime but there is no stay of execution of the decree. quite The judgment and decree passed by the learned Single Judge have been affirmed by the Division Bench. In this execution application the decree-holder seeks recovery of possession in terms of the decree passed by the learned Single Judge on 22nd July, 2011. Mr.Ashish Chakraborty, learned counsel appearing on behalf of the judgm...
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