Kolkata Court August 2014 Judgments
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Srei Equipment Finance Limited Vs. Sark Group Marketing Ltd and anr
Court: Kolkata
Decided on: Aug-29-2014
1 GA No.2471 of 2014 GA No.2483 of 2014 APOT No.414 of 2014 AP No.165 of 2014 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus SARK GROUP MARKETING LTD & ANR BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 29th August, 2014. Appearance: Mr.Swatarup Banerjee, ld. Advocate For the appellant. The Court :- Inspite of service none appears for the respondent. Hence we proceed exparte. This appeal is barred by 16 days. Causes being sufficient, delay is condoned and the appeal is taken on record. This appeal would relate to an order dated June 12, 2014 wherein the Receiver already made an inventory and submitted report. The learned Judge further acting. Hence this appeal. discharged him for The monthly instalments have become due and payable to the extent of Rs.22 lac (Rupees twenty-two lac) Mr.Swatarup Banerjee, learned Advocate appearing for the appellant, submits, if the respo...
itc Ltd. Vs. Chowringhee Residency Pvt. Ltd.
Court: Kolkata
Decided on: Aug-29-2014
GA No.2428 of 2013 CS No.285 of 2013 GA No.2750 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ITC LTD.Versus CHOWRINGHEE RESIDENCY PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 29th August, 2014. Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.S.Talukdar, Sr.Advocate Mr.Sakya Sen, Advocate Ms.Deboshri Dutta, Advocate Mr.Sudipta Sarkar, Sr.Advocate Mr.Arindam Banerjee, Advocate Mr.Satadip Bhattracharya, Advocate Mr.Biswajit Kumar, Advocate Ms.Somdutta Bhattacharya, Advocate The Court: This application (GA No.2750 of 2014) is taken out by the defendant. It is disposed of by the following order :List the Order VII Rule 11 application (GA No.2698 of 2013) on 3rd September, 2014 for judgement. GA No.2428 of 2013 is an interim application by the plaintiff in aid of the suit asking for an order of injunction to restrain the defendant from making any construction of the proposed 240 m building in the premises in question. They apprehend that thi...
Reckitt Benckiser (India) Ltd. Vs. Sudhir Prakash and ors
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET CC782014 APD1532010 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction [Contempt].RECKITT BENCKISER (INDIA) LTD.Versus SUDHIR PRAKASH & ORS BEFORE: The Hon'ble JUSTICE JAYANTA KUMAR BISWAS And The Honble JUSTICE ISHAN CHANDRA DAS Date : 29th August, 2014. Mr.Sudipto Sarkar, Senior Advocate Mr.Malay Kumar Ghosh, Senior Advocate Mr.J.Lal, Advocate Mr.Partha Basu, Advocate Mr.Sudhakar Prasad, Advocate for the petitioner. Mr.Ranjan Deb, Senior Advocate Mr.Jishnu Saha, Advocate Mr.Sarathi Dasgupta, Advocate Mr.Pratik Ghose, Advocate Mr.Sayak Mitra, Advocate for the alleged contemnor. The Court : The petitioner in this CC dated June 27, 2014 is seeking initiation of a civil contempt proceeding against the five respondents. The accusation is that the five respondents have willfully and deliberately violated an order of this Court dated April 19, 2010 passed in the appeal filed by the petitioner. By the order dated April 19, 2010(page141) this Court restrained the respondents...
M.L.Dalmiya and Co. Ltd. Vs. Birla Power Solutions Ltd.
Court: Kolkata
Decided on: Aug-29-2014
GA No.813 of 2013 WITH CS266of 2012 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE M.L.DALMIYA & Co.LTD.Versus BIRLA POWER SOLUTIONS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th August, 2014. Mr.Abhrajit Mitra,Sr.Advocate appeaRs.Mrs.S.Bhattacharyya,Advocate appeaRs.The Court :- The plaintiff has filed a suit for recovery of a sum of Rs.1,07,85,628/- due and owning from the defendant on account of the money lent and advanced. The plaintiff states that on 15th March,2012 the defendant approached the plaintiff for financial accommodation for a sum of Rs.1 crore by way of inter corporate deposit. On the basis of such representation, a sum of Rs.1 crore was transferred to the defendant. The defendant duly acknowledged the receipt of the said amount and promised to repay the said amount with interest at the rate of 22 per cent per annum on expiry of 90th day. The plaintiff states that the said amount was borrowed by way of inter corporate deposit by the defendant from the plaintiff f...
Mani Kuntala Sarkar Vs. the Asiatic Society and ors.
Court: Kolkata
Decided on: Aug-29-2014
WP No.797 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANI KUNTALA SARKAR Versus THE ASIATIC SOCIETY & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 29th August, 2014. Appearance: Mr.Joydip Kar, Sr.Advocate Mr.Saumya Majumdar, Advocate Mr.P.Chakraborty, Advocate for the petitioner Mr.Arijit Chowdhury, Sr.Advocate Mr.D.K.Sarkar, Advocate Ms.Sharmistha Dhar, Advocate for the respondents The Court: The writ petitioner was working in the Asiatic Society. This society changed its rules in August, 1999 with regard to its employees. Rule 18 relating to retirement provided that those employees who were in service prior to the date of making of the new rules and their coming into force would continue to be governed by the age of retirement according to the old rules. Admittedly, the writ petitioner was working in the society at the time of coming into force of the new rules. Hence the old rules governed her employment, with regard to retirement. Acco...
Sinchita Kanjilal and anr. Vs. Mohini Mohan Kanjilal and Sons and ors.
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET GA No.2367 of 2014 CS No.223 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SINCHITA KANJILAL & ANR. Versus MOHINI MOHAN KANJILAL & SONS & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 29th August, 2014. The Court : In Mr.P.K.Ghosh, Sr.Adv.Mr.S.Talukdar, Sr.Adv.Mr.Gautam Roy, Adv.for the plaintiff Mr.P.K.Das, Sr.Adv.Mr.Dipak Kr. Mookerjee, Adv.Mr.Diptendu Basu Mallick, Adv.Mr.Subhodeep Mukherjee, Adv.for defendant/petitioner this GA it is the prayer of the defendant/petitioner to condone the delay in making this application, to expunge the particular leading question which has been recorded as serial No.34 (properly described in page 7 paragraph 7).that the document ought not to have been marked as exhibit, to take note of the fact that the learned advocate was not present when the evidence of PW1 was recorded and further that the document is also inadmissible in evidence being the Deed of Gift for which registration is...
Cit. Kol.i Vs. Bimal Agarwal
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT No.53 of 2014 G.A.No.1638 of 2014 CIT. KOL.-I Versus BIMAL AGARWAL BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 29th August, 2014. Ms.A.G.Gutgutia, Advocate Mr.Bhaskar Sengupta, Advocate The Court : This appeal has been filed under section 260A of the Income Tax Act by the Revenue against the consolidated order dated 28th November, 2013 passed by ITAT B Bench in ITA437Kol/2011 in the case of Bimal Agarwal and ITA438Kol/2011 in the case of Arun Agarwal both 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 erred in law and was not justified in dismissing the appeal filed by Revenue without considering the facts of the case as well as applicable statute in the case and is therefore perveRs.and liable to be set aside ?. (ii) Whether on the facts and in the circumsta...
Cit. Kolkatai Vs. Arun Agarwal
Court: Kolkata
Decided on: Aug-29-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT No.55 of 2014 G.A.No.1639 of 2014 CIT. KOLKATA-I Versus ARUN AGARWAL BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 29th August, 2014. Ms.A.G.Gutgutia, Advocate Mr.Bhaskar Sengupta, Advocate The Court : This appeal has been filed under section 260A of the Income Tax Act by the Revenue against the consolidated order dated 28th November, 2013 passed by ITAT B Bench in ITA437Kol/2011 in the case of Bimal Agarwal and ITA438Kol/2011 in the case of Arun Agarwal both 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 erred in law and was not justified in dismissing the appeal filed by Revenue without considering the facts of the case as well as applicable statute in the case and is therefore perveRs.and liable to be set aside ?. (ii) Whether on the facts and in the circumst...
Spf No.13346, United Bank of India Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Aug-28-2014
GA No.2534 of 2014 WP No.416 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRANAB KUMAR ROY, EX-GENERAL MANAGER (FINANCIAL INCLUSION AND PRIORITY SECTOR) SPF No.13346, UNITED BANK OF INDIA Versus UNITED BANK OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th August, 2014. Appearance: Mr.R.N.Majumdar, Advocate Mr.Supratim Bhattacharya, Advocate The Court: Affidavit of service is on record. None appears for the writ petitioner. The operative part of the judgement and order dated 1st April, 2014 is as follows :Thus, all the points taken by the petitioner fail. It is, however expected that since the petitioner had superannuated quite sometime back, the bank will conclude the disciplinary proceedings as early as possible and, as prayed for by Mr.Dutta, since the disciplinary proceedings has not considerably proceeded I direct the bank to take all possible steps so that the disciplinary proceedings can be completed within two months fro...
Commissionerate Vs. M/S R.S.ispat Pvt. Ltd.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET GA NO.977 OF2014CEXA NO.2 OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Central Excise) ORIGINAL SIDE IN THE MATTER OF : COMMISSIONER OF CENTRAL EXCISE, KOL-IV COMMISSIONERATE Versus M/S R.S.ISPAT PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 28th August, 2014. MR.R.BHARADWAJ.MR.K.K.MAITI,ADVOCATES FOR APPELLANT MR.J.P.KHAITAN,SR.ADVOCATE, MR.PARTHA BANERJEE, MR.PRAMIT BAG,ADVOCATE FOR RESPONDENT The Court : This is an application for stay of the judgment and order dated 16th September, 2013 passed by the CustoMs.Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Stay petition no.E/S/947/2011 in Excise Appeal No.E/A/ 802/2011 (M/s.R.S.Ispat PVT.LTD.versus Commissioner of Central Excise, Kol-IV) whereby the Tribunal directed total waiver of pre-deposit of the dues adjudged and had stayed recovery during pendency of the appeal. It was submitted by Mr.Bhardwaj substantial questions of law arise out of ...