Kolkata Court August 2014 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ghanshyam Das Damani Vs. Kinkari Mullick and anr.
Court: Kolkata
Decided on: Aug-13-2014
ORDER SHEET APO2232014 AP10742013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GHANSHYAM DAS DAMANI Versus KINKARI MULLICK & ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 13th August, 2014. Mr.Ramesh Sharma, Advocate for the appellant. Mr.Jaydeep Kar, Senior Advocate Mr.Siddhartha Ghosh, Advocate Mr.Somnath Bose, Advocate Ms.Chandralekha Ghosh, Advocate Mr.Subham Khan, Advocate Mr.A.K.Ghosh, Advocate for the respondents The Court : The parties entered into a development agreement that would contain clause for an arbitration appearing at page 53 that is quoted below : 21.That all disputes and/or differences between the parties herein shall be referred to arbitration in terms of the provisions of the Arbitration and Conciliation Act, 1996. The disputes and differences arose resulting in a reference to arbitration. Mr.Sharma, learned Advocate appearing for the appellant, wrote to the respondents appointing Sr.Sid...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-13-2014
ORDER SHEET GA No.33 of 2014 With CS No.456 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DR. AJOY KUMAR MUKHERJ.Versus DR. SANJAY KUMAR MUKHERJEE Petitioner Respondent BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th August, 2014. For Petitioner : Mr.Moloy Ghosh, Sr.Advocate : Mr.D.Ghosh, Advocate Mr.Saunak Sengupta, Advocate Mr.Avijit Dey, Advocate For Respondents : Mr.Jayanta Kumar Mitra, Sr.Advocate Mr.S.Chakaraborty, Advocate Mr.Arun Kumar Das, Advocate The Court : This is a fight between two brotheRs.The plaintiff, the elder brother has filed a suit for partition of Premises No.12, Beadon Street, Kolkata-6. In the said suit the plaintiff took out the present application wherein an order dated 23rd December, 2013 was passed by I.P.Mookerji, J inter alia to the following effect : In this tussle between the two brothers regarding title and possession I record the assurance given by the learned Counsel for the defendant Mr.Jahar Chakr...
Air Construction Consultants Private Limited Vs. Smt. Reena Das
Court: Kolkata
Decided on: Aug-13-2014
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Arijit Banerjee A.P.D.No.463 of 2012 C.S.No.276 of 1999 Air Construction Consultants Private Limited versus Smt. Reena Das For the Appellant : Mr.Krishna Raj Thakkar, Advocate Mr.Vinay Mishra, Advocate Mr.Aniruddha Poddar, Advocate For the Respondent : Mr.Jayanta Mitra, Senior Advocate Mr.Dhruba Ghosh, Advocate Ms.Ahana Sikdar, Advocate Mr.Kaushik Mondal, Advocate Heard on : July 15, 17, 28, 31 and August 5, 2014 Judgment on : August 13, 2014 ASHIM KUMAR BANERJEE, J. Respondent was the owner of the suit premises being premises No.8 Short Street Calcutta being a two storied building and the land appurtenant there-to measuring about 23 cattahs 10 chataks and 40 square feet. The respondent wanted to develop the property as a two storied building where they would reside; the building was in dilapidated condition. The respondent was ...
Sudha Agarwal Vs. Ashok Kumar Khemka and ors.
Court: Kolkata
Decided on: Aug-13-2014
GA No.558 of 2014 CS No.46 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUDHA AGARWAL Versus ASHOK KUMAR KHEMKA AND ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th August, 2014. Appearance: Mr.Utpal Bose, Sr.Adv.Ms.Sonal Shah, Adv.The Court : Mr.Utpal Bose, learned senior counsel appearing on behalf of the plaintiff submits that the plaintiff was put to possession of the 4th floor flat at premises no.113, Kalindi Housing Estate, Lake Town, Calcutta 700 089 in terms of a family settlement duly recorded in the two memorandum both dated 24th September, 2008. However, to the utter surprise of the said plaintiff, it was found later on that the defendant nos.1 and 2 had put on the outer main collapsible iron gate a padlock thereby preventing the plaintiff from entering into her own flat that was allotted to her under the said settlement. The learned counsel for the defendant no.1 submits that the subject matter of the suit is the subject mat...
Sailaja Kanta Bhuiya and ors. Vs. Bishaka Rani Bhuiya and ors.
Court: Kolkata
Decided on: Aug-13-2014
GA No.1110 of 2014 EOS No.4 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAILAJ.KANTA BHUIYA & ORS.Versus BISHAKA RANI BHUIYA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th August, 2014. Appearance: Mr.Ajay Krishna Chatterjee, Sr.Adv.Mr.Somnath Saha, Adv.Mr.Arif Ali, Adv.Mr.Guptanath Prasad, Adv.The Court : This is an application by 54 co-owners in a partition suit holding inaggregate 77.7% shares. A prayer is made for disbursement of Rs.35 lakhs being 90% approximately of the fund in the hand of the party receiver as the said amount is lying unutilised. Mr.Ajay Krishna Chatterjee, learned Senior Advocate appearing on behalf of the applicants submits that the party receiver is holding the amount for the benefit of the co-sharers and in the event the receiver is directed to disbuRs.the said amount the co-sharers could get at least benefit of such amounts and could beneficially use the said fund. Mr.Chatterjee has referred to annexure...
The Bengal Bonded Warehouse Association and anr. Vs. Kolkata Municipal ...
Court: Kolkata
Decided on: Aug-13-2014
ORDER SHEET GA NO.2434 OF2014WITH WP NO.39 OF2012IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE BENGAL BONDED WAREHOUSE ASSOCIATION & ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th August, 2014. Mr.D.N.Sharma, Ms.P.Basufor petitioneRs.Mr.A.K. Ghosh, Mr.D.Mondalfor KMC. Mr.A.Biswasfor respondent nos.7,8&9. Mr.J.R. Mukherjeefor respondent nos.4&5. Mr.A.RoyappeaRs.The Court : This is an application for addition of the applicant as a party in the writ application. Mr.Sharma, learned advocate for the writ petitioner, submits that the applicant was in occupation of the subject premises, if at all before the fire gutted the building on 1st January, 1995. Thereafter, the premises is without any occupant. On the other hand, it is stated by the applicant in this application that they were a tenant under the Bengal Bonded Warehouse Association and are in khas possession thereof with a licence to carry on busine...
Atmaram Sothalia and anr. Vs. Ratan Sarkar and ors.
Court: Kolkata
Decided on: Aug-13-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.665 of 2014 CS No.72 of 2014 ATMARAM SOTHALIA & ANR. Versus RATAN SARKAR & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th August, 2014. Appearance: Mr.Jishnu Chowdhury with Mr.R.Ghosh, Mr.S.Bhattacharyya and Mr.D.Basu, Advocates. The Court : The petitioners/plaintiffs claim to have acquired the suit premises by a Deed of Conveyance dated 8th August, 1991 and thereafter, obtained a building plan and completed the building by early 2002. It is stated that the petitioners/plaintiffs between 7th July, 2003 and 17th February, 2012 caused all the flats comprised in the said building at the said premises to be sold to third parties by registered Deeds of Conveyance. The contention of the petitioners/plaintiffs is that the respondent/defendant no.1 had never entered into an agreement for sale with the petitioners/plaintiffs and the petitioners/plaintiffs had not received any amount or a s...
Commissioner of Income Tax, Kolii Vs. M/S. Tridel Builders and Traders ...
Court: Kolkata
Decided on: Aug-13-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT No.39 of 2014 G.A.No.1400 of 2014 COMMISSIONER OF INCOME TAX, KOL-II Versus M/S.TRIDEL BUILDERS & TRADERS PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 13th August, 2014. Mr.O.P.Dubey, Advocate The Court : This is an application for admission of appeal preferred from the order dated 2nd December, 2013 passed by Income Tax Appellate Tribunal B Bench at Kolkata in ITA No.2269/Kol/2010 for the assessment year 2006-07 on the following questions: (i) Whether on the facts and in the circumstances of the case, the said order passed by the Assessing Officer levying penalty upon the assessee under section 271D of the Income Tax Act, 1961 for contravening section 269 SS of the said Act of 1961 which the Assessing Officer had passed on the reason that the assessees case is not covered by any of the exceptions provided in the two provisions of Section 269 SS, i...
M/S. Poddar Automobiles Ltd Vs. Commissioner of Income Tax (Appeals)vi ...
Court: Kolkata
Decided on: Aug-13-2014
ORDER SHEET G.A.NO.2456 OF2014ITAT124OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.PODDAR AUTOMOBILES LTD Versus COMMISSIONER OF INCOME TAX (APPEALS)-VIII BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 13th August, 2014. For Appellant : Mr.J.P.Khaitan,Sr.Advocate The Court : Let the appeal be admitted. Let the appeal be heard on the following questions which have been reframed: 1. Whether the Tribunal was justified in law in holding that the amendment of Section 50C of the Income Tax Act, 1961 by the Finance (No.2) Act, 2009 was retrospective and Section 50C was applicable in the appellants case ?.2. Whether and in any event, having held that Section 50C was applicable the Tribunal should have remanded the matter to the Commissioner of Income Tax (Appeals) for determination of the value to be adopted for computing capital gains particularly since reference had been made to the Departmental Valuation Officer ?....
Saregama India Ltd. and ors. Vs. Tata Communications Ltd. and ors.
Court: Kolkata
Decided on: Aug-13-2014
ORDER SHEET GA No.484 of 2014 CS No.38 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAREGAMA INDIA LTD.& ORS.Versus TATA COMMUNICATIONS LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA SEN Date : 13th August, 2014. Mr.Sandip Kr.De, Adv.for applicant. Mr.Sayantan Basu, Mr.A.Chandra for respondent no.4. Mr.Animesh Majumdar,Adv.for defendant no.5. Mr.Jishnu Chowdhury, Mr.Satadeep Bhattacharyya, Mr.S.Biswas for respondents. The Court : This is an application for rejection of the plaint at the instance of the defendant no.8. The defendant no.8 is one of the internet service providers (ISP).The plaintiff alleged that several defendants, viz., defendant nos.1 to 5 provided access to other ISPs including the other defendants and the infringed songs are allowed to be downloaded and could be viewed and listened in such websites. It is alleged that the defendant no.8 is one of such internet service providers who cater to internet subscribers in India. On ...
- ‹ Prev
- 17
- 18
- 19
- 20
- 21
- 23
- 24
- 25
- 26
- 27
- Next ›
- Last »