Kolkata Court August 2014 Judgments
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Kanco Enterprises Ltd Vs. State Bank of India
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET GA No.283 of 2014 With CS No.269 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KANCO ENTERPRISES LTD Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Jishnu Chowdhury, Adv.Mr.Joy Saha, Adv.Mr.S.Sanyal, Adv.The Court : Although this application is stated to be an application for rejection of the plaint but the learned counsel appearing on behalf the State Bank of India has urged that the plaint may be returned to the Civil Court having the jurisdiction at Gujarat. In view of the fact that the balance of convenience is in favour of the suit being tried by a Civil Judge at Gujarat within whose jurisdiction a substantial cause of action has arisen. It is settled law that even if a miniscule cause of action has arisen within the jurisdiction to this Court, this Court can proceed with the hearing of the suit, notwithstanding the fact that substantial part...
Smt. Purabi De and ors. Vs. Aloke Kr. Dutta and ors.
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET GA24552014 CS4131999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. PURABI DE & ORS.Versus ALOKE KR. DUTTA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2014. Mr.S.Ghosh, Adv., with Mr.P.Das, Adv.appeaRs.Mr.S.Mitra, Adv.appeaRs.Mr.S.Ray, Adv.appeaRs.The Court : In the partition suit, a preliminary decree was passed on August 26, 2011. A final decree is yet to be passed in the said proceeding. However, from time to time different orders have been passed in relation to the said partition suit. During the pendency of the said proceeding it appears that four persons filed an application being G.A.No.2248 of 2012 seeking a direction for deletion of premises no.1A, Nirod Bihari Mullick Road, P.S.Maniktala, Kolkata700006, from the partition suit being C.S.No.413 of 1999. The basis of the application appears to be a mutation certificate issued by the Kolkata Municipal Corporation recording that the applicants are thika tenan...
Lumino Industries Ltd. Vs. Bhanwar Lal Baid and ors.
Court: Kolkata
Decided on: Aug-18-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA675OF2014WITH CS140of 2012 LUMINO INDUSTRIES LTD.Versus BHANWAR LAL BAID & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2014. Mr.Abhrajit Mitra, Sr.Advocate Mr.J.Chowdhury, Advocate Ms.R.Kajaria, Advocate for petitioners Mr.S.Chowdhury, Advocate ..for K.M.C.The Court :- In spite of service except Kolkata Municipal Corporation and ICICI Bank Limited the other defendants are not represented. It is submitted on behalf of the Kolkata Municipal Corporation that huge amounts are due towards municipal rates and taxes. It would be open for Kolkata Municipal Corporation to attach the rents and realise the rents from the plaintiff month by month and adjust the said amount against the outstanding dues. The Kolkata Municipal Corporation shall give an opportunity of hearing to all the defendants including the Joint Receivers appointed in this proceeding in order to ascertain the liability and apportionm...
M/S.Drillco Vs. Union of India (S.E.Rly)
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO1702014 AP982005 M/S.DRILLCO Versus UNION OF INDIA (S.E.RLY) AND APO2622014 AP982005 UNION OF INDIA Versus M/S.DRILLCO BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date : 18th August, 2014. Appearance : Mr.Animesh Kanti Ghosal, Senior Advocate Mr.Saptarshi Ray, Advocate for the appellant in APO2622014 and respondent in APO1702014 Mr.Dipak Basu, Senior Advocate for the respondent in APO2622014 and appellant in APO1702014. The Court : These two appeals would relate to a common judgment and order passed by the learned single Judge while partly allowing the application made under Section 34 of the Arbitration and Conciliation Act, 1996 at the instance of the Union of India. The contractor is aggrieved as the learned single Judge partly allowed the application by setting aside the award on the second and third head of the claim amounting to Rs.1.30 lakh and Rs.2.80 lakh resp...
M/S.Sda Forwarders Pvt. Ltd. Vs. M/S.Sky Mobiles Pvt. Ltd.
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET APO2032014 CP5112013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.SDA FORWARDERS PVT.LTD.Versus M/S.SKY MOBILES PVT.LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date : 18th August, 2014. Mr.Supratim Laha, Advocate Ms.Priyanka Keshan, Advocate for the appellant. Mr.Nirbanesh Chatterjee, Advocate Ms.Sayani Roy Chowdhury, Advocate for the respondent. The Court : This appeal would relate to an order of rejection of a windingup petition that the appellant filed against the respondent-company. The appellant complained, they had commercial transaction with the respondentcompany for which bills were raised. However, the respondent-company paid only a sum of Rs.50,000/- leaving a balance sum of Rs.8,16,337/- for which cheques were issued, however, dishonoured for non-payment. The appellant issued a statutory notice of demand that the company failed to reply. Hence, the appellant filed the winding-up petition. The resp...
Cit, Kolkataii Vs. M/S. Moran Tea Co. Ltd.
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET ITA No.275 of 2009 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE CIT, KOLKATA-II Versus M/S.MORAN TEA Co.LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 18th August, 2014. Appearance: Mr.Ranjan Sinha, Adv.Mr.S.Das, Adv.The Court : This appeal is against the order dated 24th April, 2009 passed by the Income Tax Appellate Tribunal C Bench, Kolkata, in ITA No.1727/Kol/2008 for the assessment year 2004-05 on the following questions: i)Whether on the facts and in the circumstances of the case the learned Tribunal was justified in law in deleting the disallowance of Rs.60,19,585/- being cess on green leaf paid by the assessee, completely relying on the decision reported in 270 I.T.R.167 when there is completely a different opinion of other Honble High Court reported in 289 I.T.R422which supports the disallowance made by the A.O.and also SLP has been filed against the decision reported in 270 I.T.R.167. ii) Whet...
The Official Trustee of West Bengal Vs. Panihati Municipality and ors.
Court: Kolkata
Decided on: Aug-18-2014
AOT No.2 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction THE OFFICIAL TRUSTEE OF WEST BENGAL Versus PANIHATI MUNICIPALITY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2014. Appearance: Mr.Indranil, Nandi, Adv.Mr.Bikash Kr. Chattopadhyay, Adv.The Court : This is an application by the official trustee seeking leave to demolish the building. Since the building is in a dilapidated condition, after hearing the learned counsel for the parties the following order is passed by consent of the parties a) The premises being No.106, Post Office Panihati, in the District of North 24-Paraganas shall be demolished through auction by the highest auction bidder. b) The entire auction procedure with regard to demolition of the said building and disposal of the debris and building materials will be conducted by the Panihati Municipality. The entire procedure including the said auction shall be completed by the Municipality within a period of 15 days from the...
Sri Goutam Bhowmik and anr Vs. Dr. Parashree Mukherjee (Nee Nandy)
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET GA No.2137 of 2014 With CS No.60 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Sr.GOUTAM BHOWMIK & ANR Versus DR. PARASHREE MUKHERJEE (NEE NANDY) BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2014. Appearance: Mr.Daipayan Banerjee, Adv.The Court : This is an application for extension of time to take out the Writ of Summons. The suit is for specific performance of agreements dated 22nd August, 2008 and 11th August, 2009. In an interlocutory proceeding arising out of the said suit an order was passed on 24th August, 2011 directing the defendant to pay a sum of Rs.4.39 lakh within a period of one year and the order of injunction was payment are being made. was not paid within passed which was continued till such The plaintiff stated that the said amount the aforesaid period. The defendant approached the plaintiff for extension of time to make payment. The defendant cited terminal ailment of her husband as the case for suc...
Mrs. Asha Paul Vs. the Lee Memorial Mission
Court: Kolkata
Decided on: Aug-18-2014
GA No.2400 of 2014 CSOS No.5 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MRS.ASHA PAUL Versus THE LEE MEMORIAL MISSION BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2014. Appearance: Mr.Dhruba Ghosh, Adv.Ms.Chama Mookerjee, Adv.The Court : This is an application by one Stephen Sardar and Satyajit Roy, claiming themselves to be the member of Methodist Church of India. Although the petitioners ostensibly professed a greater cause but in reality they are espousing their personal cause in conflict with the much bigger consideration of a noble cause. They are trying to protect their possession in the property. It appears that in the application in which the order was passed on 13th June, 2014, a case was made out for sale of the property in question in order to help the Mission to cope with its financial crisis as well as help in establishment of a unit of Calcutta Boys School in that area. The said application was in the nature of an application ...
Jalinga Tea Company (India) Pvt. Ltd. Vs. T and I Pvt. Ltd.
Court: Kolkata
Decided on: Aug-18-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA3412OF2013WITH CS191of 2013 JALINGA TEA COMPANY (INDIA) PVT.LTD.Versus T & I PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August , 2014. Mr.Reetobroto Mitra, Advocate for petitioner Ms.Sonal Shah, Advocate Mr.K.Saha, Advocate for respondent The Court :- The petitioner is the owner of a tea estate and owns a tea processing factory. The petitioner contends that they have purchased an industrial heater from the defendant. During the couRs.of using the said heater the plaintiff faced various difficulties and the defendant was informed form time to time of such difficulties. The defendant, however, had failed to remove the defects and the heater had remained non functional. Ms.Sonal Shah, appearing on behalf of the defendant submits that all defects had been removed and the heater that was commissioned was according to the specification provided by the plaintiff. The plaintiff in this application ha...
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