Kolkata Court August 2014 Judgments
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Gulab Mal Singhvi Vs. Commissioner I.Tax, Kol.Vii,kolkata
Court: Kolkata
Decided on: Aug-18-2014
ORDER SHEET I.T.A.No.24 of 2005 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE GULAB MAL SINGHVI Versus COMMISSIONER I.TAX, KOL.-VII,KOLKATA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 18th August, 2014. For appellant/assessee : Mr.S.Bagchi,Advocate Mr.G.R.Sharma,Advocate For Revenue : Mr.R.N.Bandyopadhyay,Advocate Mr.A.Mitra,Advocate The Court : This appeal was admitted on the following questions of law : i) Whether the leave given to the assessee by his employer, to use his own property after he has let it out to his said employer on rent partly for his dwelling and partly for his official use as the said employers Managing Director, subject to his continuing in employment as an inherent condition of the arrangement, shall lead to inclusion of the perquisite value for such self-occupation in his income under the head Salary, regardless of the rent being taxed under the head Income from house property and the double ...
Promod Rai Ojha Vs. Girish Chandra Ojha and ors.
Court: Kolkata
Decided on: Aug-18-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA1935OF2014WITH APOT308of 2014 PROMOD RAI OJHA Versus GIRISH CHANDRA OJHA & ORS.BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 18th August, 2014. Mr.Joy Saha, Advocate Mr.Aditya Naskar, Advocate ..for appellant Mr.Mainak Bose, Advocate Ms.D.Adhikari, Advocate Ms.S.Parveen, Advocate for respondent 1 Ms.Sonal Shah, Advocate Mr.K.Saha, Advocate ..for respondents 8 & 9 The Court :- The GA for stay has come up for hearing and disposal. By an order dated July 11, 2014 the respondents were given opportunity of filing opposition to the GA. Interim stay of operation of the impugned order was granted till the disposal of the GA. Now advocate for the fiRs.respondent, the only contesting respondent (it has been submitted that the other respondents are, in effect, pro forma respondents).has submitted that his client initiating the contempt proceeding out of which the appeal has a...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET CP No.468 of 1999 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE DIAMOND SHIPPING CO.LTD.AND ORIENT EXPRESS LINES LTD.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 14th August, 2014. Mr.Siddhartha Mitra, Sr.Advocate, Mr.S.Datta, Adv.appear for petitioning creditor. The Court : Even at the time of second call, the company is not represented. It is submitted by the learned counsel for the petitioning creditor that in the affidavit-in-opposition filed by the company a contrary stand has been taken which is in contrast to the specific stand taken by the company in its reply to the statutory notice. There is no plausible reason as to why this Court would allow the company to come out with a defence which was not even in its reply to the statutory notice. The claim of the petitioning creditor is on account of providing services to the company. The claimed amount as per the statutory notice is US$ 98,983.92 together with interest as stated in paragraph 1...
Union of India Vs. State Bank of India
Court: Kolkata
Decided on: Aug-14-2014
GA No.2540 of 2014 APOT No.425 of 2014 AP No.1047 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UNION OF INDIA Versus STATE BANK OF INDIA BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ASHIM KUMAR BANERJEE Date : 14th August, 2014. For Appellant : Mr.Ashoke Chakraborty, Advocate Ms.Aparna Banerjee, Advocate For Respondent: Mr.Abhrajit Mitra, Sr.Advocate Mr.Sudeep Halder, Advocate The Court : Heard learned Counsel for the appellant as well as the respondent. The appellant before us is the Department of Railways, Union of India. The entire controveRs.arise with regard to the space occupied by the State Bank of India so far as the eticketing kiosk machines at various Railway platforms/offices. Undisputed fact is the agreement entered into between the parties was for a period of six yeaRs.which admittedly came to an end in 2012. Though the learned Counsel for the appellant says it is February 19, 2012, learned Counsel representi...
– Vs. Official Liquidator and ors.
Court: Kolkata
Decided on: Aug-14-2014
CA No.470 of 2014 CP No.431 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE MODERN ANIMAL FEEDS PVT.LTD.(IN LIQN.) -AndINDIAN TRADING BUREAU PVT.LTD.& ANR. VersusOFFICIAL LIQUIDATOR & ORS.Appearance: Ms.Manju Bhuteria, Adv...for the petitioning creditor. Mr.S.Banerjee, Adv.Mr.Arif Ali, Adv...for the company/applicant. Mr.Ranajit Chowdhury, Adv...for the official liquidator. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 14th August, 2014. The Court : This application has been taken out by the ex-director of the company after it has been directed to be wound up by an order dated 15th May, 2014, passed in C.P.No.431 of 2013. The ex-director has woken up belatedly to understand the impact of the order dated 15th May, 2014. He has now approached this Court with a demand draft of Rs.5 lakhs in favour of the petitioning creditor. It is submitted by the learned Advocate representing the applicant that his clients may be allowed to run the factory which has bee...
Smt. Shakuntala Pandiya and ors. Vs. Russel Estate Corporation and ors ...
Court: Kolkata
Decided on: Aug-14-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.128 of 1982 G.A.No.3772 of 2007 Smt. Shakuntala Pandiya & ORS.versus Russel Estate Corporation & ORS.For the Plaintiff s : Mr.Jishnu Saha, Sr.Advocate Mr.Arindam Mukherjee, Advocate Mr.Ashis Mukherjee, Advocate For the Defendant No.1 : Mr.P.K.Das, Sr.Advocate Ms.Nilakshi Dutta, Advocate Heard on : July 04, 2014 Judgment on : August 14, 2014 DEBANGSU BASAK, J.:- One Sakhir Chand Dhawan filed the instant suit for specific performance of the agreement for sale entered into by him with the Defendant No.1 in respect of two apartments in premises No.7/1, Russel Street, Kolkata- 700071. Apparently Sakhir Chand Dhawan settled with the Defendant No.1. Seven persons claiming to be agreement holders in respect of different flats at the said premises applied for transposition and/or addition of party to the suit in the category of plaintiffs, as the case of the individu...
V. B. Seva Trust and Others Vs. Union of India and Others
Court: Kolkata
Decided on: Aug-14-2014
GA No.137 of 2013 CS No.149 of 2012 GA No.3180 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction V.B.SEVA TRUST & OTHERS Versus UNION OF INDIA & OTHERS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th August, 2014. The Court : Learned counsel appearing on behalf of the defendants submits, on instruction, that the defendants are ready and willing to pay Rs.69.54 per sq. ft. per month on and from August, 2012. It is submitted that in the event a draft lease agreement is sent to the defendants, it would facilitate the payment of the said amount from August, 2012. The defendants shall forward a standard lease deed to the plaintiffs within a week from date. The plaintiffs shall finalise the said deed in consultation with the defendants within a fortnight thereafter. However, the defendants shall pay for the time being lease rent from 1st August, 2012 till July, 2014 at the rate of Rs.69.54 being the rate determined by the Hiring Committee. In so far as the earlier...
Sri Nand Dulal Mukherjee and ors. Vs. M/S.Cesc Limited and ors.
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE G.A.No.1293 of 2014 W.P.No.2132 of 1994 Sr.NAND DULAL MUKHERJEE & ORS.Versus M/S.CESC LIMITED & ORS.G.A.No.1814 of 2014 W.P.No.2132 of 1994 Sr.NAND DULAL MUKHERJEE & ORS.Versus M/S.CESC LIMITED & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 14th August, 2014. Appearance : Mr.Anup Mukhopadhyay, (In person) Mr.Subrato Biswas, Adv. for the CESC LTD.The Court : A writ petition of 1994 is pending till date. The writ petition was filed by the mother of the substituted writ petitioner. The mother was a tenant in respect of premises No.64/C, Ram Kanta Bose Street, Kolkata 700 003. During the pendency of the writ petition the mother of the writ petitioner expired. The writ petitioner is substituted in her place and stead. The writ petitioner has also purchased the right, title and interest of premises No.64/C, Ram Kanta Bose Street, Kolkata 700 003. The writ petitioner is the sole and absolute ow...
Sri Jayanta Chongdar Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET WP659of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.JAYANTA CHONGDAR Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 14th August, 2014. Mr.Gopal Chandra Ghosh, Adv.Mr.Sanjib Kr. Mukhopadhyay, Adv.Mr.Sunirmal Khawra, Adv.Ms.Kalpita Paul, Adv..for the petitioner. Mr.Sakya Sen, Adv.Mr.Biswajib Ghosh, Adv..for the State Mr.Kausik Chanda, Sr.Adv.Ms.Sumitra Das, Adv.Ms.U.Ansari, Adv.Ms.Kasturi Tarafdar, Adv..for the respondent nos.8 and 9. The Court: The grievance of the writ petitioner is that the private respondent is trying to oust him forcefully from room no.8 of Tirupati Lodge of premises No.126 A, B.B.Ganguli Street, Kolkata-700 012. The writ petitioner claims that he is a tenant of room no.8 of such premises. There are 27 rooms at the lodge. Excepting room nos.5 and 8 all other 25 rooms are let out to boardeRs.The petitioner claims to be a tenant and not a boarder in respect of room no.8. In s...
Shri Anurag Jalan Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET WP NO.758 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHRI ANURAG JALAN Versus UNION OF INDIA & ORS. BEFORE: The Honble JUSTICE I.P.MUKERJ.Date : 14th August, 2014. Mr.Farook M. Razack, senior advocate, Mr.M.Malhotra, Ms.P.Bhutoriafor petitioner. Mr.K.Deyfor respondents. The Court : The writ petitioner is a dealer in bullion, as submitted by Mr.Razack, learned senior advocate for the petitioner. He stuck up acquaintanceship with one Purusottam Haribhau Kawale of Nagpur in Kolkata. Two or three persons came to the writ petitioner describing themselves as associates or acquaintances of Mr.Kawale and asked him if he could make jewellery of Bengal design for them. Thereafter, Mr.Kawale got in touch with him. As the writ petitioner going on a pilgrimage he refused the offer. On 28th April, 2014 these persons were apprehended by the Directorate of Revenue Intelligence at Howrah station. Fourteen pieces of gold bars worth about Rs.4 crores we...
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