Kolkata Court August 2014 Judgments
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The Baranagore Jute Factory Plc. Vs. Shreekishan Omprakash and anr.
Court: Kolkata
Decided on: Aug-14-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Honble Justice Jyotirmay Bhattacharya And The Honble Justice Ishan Chandra Das A.C.O No.38 of 2014 A.C.O No.58 of 2014 A.C.O No.62 of 2014 A.C.O No.64 of 2014 A.C.O No 133 of 2014 A.C.O No.134 of 2014 A.P.O.T No.122 of 2014 C.P No.2 of 1987 The Baranagore Jute Factory Plc. -VsShreekishan Omprakash & Anr. Appearance: For the appellant : Mr.Partha Sarathi Sengupta, Sr.Adv.: Mr.Abhrajit Mitra, Adv.: Mr.Sarvopriya Mukherjee, Adv.: Mr.Rudrajit Sarkar, Adv.: Mr.Reetobroto Mitra, Adv.: Mr.Aniruddha Agarwal, Adv.For INTTUC : Mr.Saktinath Mukhopadhyay, Sr.Adv.: Mr.Sanjib Kr. Mal, Adv.: Mr.Atanu Roy Chowdhury, Adv.: Mr.Dibanath De Adv.For Steel Emporium : Mr.Sudipto Sarkar, Sr.Adv.: Mr.R.Banerjee, Adv.: Mr.R.K.Mitra, Adv.: Mr.S.Chowdhury, Adv.For the workers union : Mr.J.R. Chatterjee, Adv.: Mr.A.Chatterjee, Adv.: Mr.D.Chowdhury, Adv.For Baranagar Jute Factory Majdoor Sangha : Mr.Debasish Kundu, Adv.: Mr.Joydeb...
Tarun Kanti Mondal and ors. Vs. Indian Overseas Bank and ors.
Court: Kolkata
Decided on: Aug-14-2014
ORDER WP No.737 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TARUN KANTI MONDAL & ORS.Versus INDIAN OVERSEAS BANK & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date: 14th August 2014. Appearance: Mr.Arunava Ghosh, Advocate Mr.Soumya Majumdar, Advocate ...for the petitioneRs.Mr.R.N. Majumdar, Advocate Mr.Sourav Chakraborty, Advocate ...for the respondents. The Court: The grievance in this writ application is with regard to the selection process for promotion of clerical staff to the officer vacancies. cadre of Indian Overseas Bank. There were 300 According to the writ petitioneRs.the marks allocated for interview was 35 out of 100. Just before the interview the allocated marks were raised to 50, which caused great prejudice to the writ petitioneRs.Mr.Majumdar produces instructions, which is a letter dated 13th August 2014 of the Bank which admitted that the marks for interview were so raised but thereafter the marks awarded in the interview were re...
Bulk Explosive Pvt Ltd Vs. Coal India Ltd and ors
Court: Kolkata
Decided on: Aug-14-2014
1 ORDER SHEET GA No.2547 of 2014 APOT No.427 of 2014 CS No.318 of 2006 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BULK EXPLOSIVE PVT LTD Versus COAL INDIA LTD AND ORS BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 14th August, 2014. Appearance: Mr.Joy Saha with Mr.Aditya Naskar Ld. Advocates for the appellant. Mr.Kalimuddin Mondal, ld. Advocate For the respondent. The Court :- The learned Judge was annoyed. The facts as it depicts from the record, would deserve such annoyance. Yet, for ends of justice, we condone the laches on the part of the appellant in proceeding with their suit, of course, subject to payment of cost. The amendment was directed to be carried out on March 23, 2011, even in 2014, it was not done. We direct the appellant to do so with utmost diligence. Since Mr.Kalimuddin Mondal represents the Coal Companies we dispense with service of writ of summons. Let Mr.Mondal appears for the respondent Nos....
Standard Chartered Bank Vs. Bengal Power Bank' Contract Employees' Ass ...
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET GA No.2541 of 2014 With CS No.301 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STANDARD CHARTERED BANK Versus BENGAL POWER BANK' CONTRACT EMPLOYEES' ASSO. & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th August, 2014. Appearance: Mr.Surajit Nath Mitra, Sr.Adv.Mr.Suvodeep Chakraborty, Adv.The Court : The Bengal Provincial Banks Contract Employees Association has raised a dispute in the nature of an industrial dispute with the Conciliation Officer and it appears from the minutes dated 13th August, 2014 that the Conciliation Officer is in seisin over the matter and the next date of conciliation is fixed on 15th September, 2014. employees has also assured The union representing such contract the Conciliation Officer that they would not proceed with the strike as proposed by them. The learned counsel representing union submits that in view of the pendency of the conciliation proceedings, the said union would not proceed with th...
S.M.Collections (P) Ltd. Vs. Grasim Bhiwani Textiles Ltd. and anr.
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET GA No.1161 of 2012 With CS No.319 of 2011 GA No.1189 of 2012 GA No.2257 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE S.M.COLLECTIONS (P) LTD.Versus GRASIM BHIWANI TEXTILES LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th August, 2014. Appearance: Mr.Ritobrato Mitra, Adv.Ms.Taniya Mitra, Adv..for the plaintiff. Mr.Sakya Sen, Adv.with Mr.A.Paramanick, Adv..for the defendants. The Court:-In this application for summary judgement, the plaintiff seeks to recover a sum of Rs.17,88,577/- which the plaintiff claims to have become due and payable due to failure of consideration. Mr.Ritobrato Mitra, learned Advocate appearing on behalf of the plaintiff submits that there had been transactions between the parties since 2005 and the accounts were settled from time to time. The plaintiff used to sell clothing material under the brand new Grasim as a dealer of the defendant no.1. The case of the plaintiff is that although the accou...
Kolkata Port Trust and anr. Vs. the Deputy Director of Income Tax
Court: Kolkata
Decided on: Aug-14-2014
WP No.37 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Kolkata Port Trust & Anr. Versus The Deputy Director of Income Tax (Exemption) II, Kolkata & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 14th August 2014 Appearance: Mr.N.K. Poddar, Sr.Advocate Mr.Ashok Gupta, Advocate Mr.Vineet Tebrewal, Advocate Mr.Amit Agarwal, Advocate for the petitioners Mr.R.N. Bandopadhya, Advocate MRS.Smita Das De, Advocate for the respondents The Court: This case concerns fringe benefit tax. Total fringe benefit tax paid in advance under Section 115WJ of the Income Tax Act, 1961 by the writ petitioner for the assessment year 2006-2007 was Rs.22,12,04,513/-. Upon registration of the writ petitioner under Section 12AA of the Income Tax Act with effect from 1st April 2005 the petitioner ceased to be an assessee for fringe benefit tax with such retrospective effect. According to them, they are entitled to refund of this above sum together with statutory interest. I ...
Rajendra Kumar Banka and ors. Vs. Dipak Basu, Trustee of Rai Soorajmul ...
Court: Kolkata
Decided on: Aug-14-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Arijit Banerjee August 14, 2014 GA1993of 2013 ACR1of 2002 Rajendra Kumar Banka & ORS.versus Dipak Basu, Trustee of Rai Soorajmull Jhunjhunwalla Bahadurs Charitable Fund/Trust Mr.Dipak Basu, Senior Advocate with Mr.Maloy Ghosh, Senior Advocate Mr.Ratan Lal Mondal, Advocate for the applicant Mr.Sakya Sen, Advocate with Mr.S.R.Kakrania, Advocate Mr.Sanjeeb Seni, Advocate Mr.Souvik Kundu, Advocate for the Interim Trustees Mr.Ritobrata Mitra, Advocate with Mr.Sabyasachi Sen, Advocate for the Interim Trustees Mr.S.Ghosh, Advocate with Mr.Nirmalya Dasgupta, Advocate Mr.Dibanath Dey, Advocate for the Interim Trustees The Court :- An order dated 13th May, 2002 was passed in ACR1of 2002 which is an application under Section 7 of the Charitable and Religious Trust Act, 1920. The relevant portion of the said order is quoted below : In view of the said dispute and considering the nature of the Trust as ...
Bengal India Global Infrastructure Limited Vs. Chaitainya Alloys Pvt. ...
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS No.GA No.GA No.GA No.GA No.BENGAL231of 2013, GA No.3326 of 2013 3331 of 2013, GA No.3337 of 2013 3367 of 2013, GA No.3374 of 2013 3366 of 2013, GA No.3346 of 2013 3352 of 2013 INDIA GLOBAL INFRASTRUCTURE LIMITED Versus CHAITAINYA ALLOYS PVT.LTD.& ORS.CS No.232 of 2013, GA No.3328 of 2013 GA No.3332 of 2013, GA No.3338 of 2013 GA No.3369 of 2013, GA No.3375 of 2013 GA No.3365 of 2013, GA No.3347 of 2013 GA No.3353 of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus GOURI IRON & STEEL (PVT.LTD.& ORS.CS No.233 of 2013, GA No.3330 of 2013 GA No.3333 of 2013, GA No.3339 of 2013 GA No.3370 of 2013, GA No.3376 of 2013 GA No.3364 of 2013, GA No.3348 of 2013 GA No.3354 of 2013 BENGAL INDIA GLOBAL INFRASTRUCTURE LIMITED Versus SUBHLABH STEELS PVT.LTD.& ORS.CS No.234 of 2013, GA No.3325 of 2013 GA No.3334 of 2013, GA No.3340 of 2013 GA No.3371 of 2013, GA No.3377 of 2013 GA No.3363 of 2013, GA No...
M/S. Tata Tea Ltd. Vs. C.i.T. – Ii, Kolkata
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET ITA80of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.TATA TEA LTD.Versus C.I.T. II, KOLKATA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 14th August, 2014. For Appellant : Mr.Ananda Sen,Advocate. For Revenue: Mr.P.Dhudhoria,Advocate The Court : This appeal has been preferred under section 260A of the Income Tax Act, 1961 against the order dated 31st October, 2003 passed by the Income Tax Appellate Tribunal, B Bench, Kolkata in ITA No.1101(Cal) of 2001 in respect of the assessment year 1995-96 on the following questions : (i) Whether the Tribunal was justified in dealing with and disposing of Ground No.3 of the Memorandum of Appeal abefore it on merits without allowing to make and/or without hearing the verbal submissions of the Authorised Representatives of the appellant and the respondents and in doing so whether the Tribunal acted in gross violation of the principles of natural justice and/or p...
M/S. Tata Tea Ltd. Vs. Commissioner I.Tax Ii, Kolkata
Court: Kolkata
Decided on: Aug-14-2014
ORDER SHEET ITA329of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.TATA TEA LTD.Versus COMMISSIONER I.TAX - II, KOLKATA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 14th August, 2014. For Appellant : Mr.Ananda Sen,Advocate. For Revenue: Mr.P.Dhudhoria,Advocate The Court : This appeal has been preferred under section 260A of the Income Tax Act, 1961 against the order dated 19TH January, 2004 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata in ITA No.1579(Kol) of 2000 in respect of the assessment year 1995-96 on the following questions : (i) Whether in reversing the order of the CIT(Appeals) and restoring that of the Assessing Officer insofar as the same relates to the expenses of Rs.12,74,386/- on account of issue of Bonus Shares the Tribunal failed to take into consideration the relevant materials and/or evidence and/or law and/or took into consideration irrelevant materials and/or evidence and/o...
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