Kolkata Court August 2014 Judgments
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Md.Firoj Khan Vs. Tata Motors Finance Ltd. and anr.
Court: Kolkata
Decided on: Aug-12-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA23772014 APOT3942014 AP8232014 MD.FIROJ KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23782014 APOT3952014 AP8242014 MD.SHAMIM KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23802014 APOT3972014 AP8482014 MD.IQBAL KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23812014 APOT3982014 AP8462014 MD.FIROJ KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23822014 APOT4012014 AP8182014 MD.FIROJ KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23832014 APOT4002014 AP8252014 MD.IQBAL KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23842014 APOT4022014 AP8192014 MD.IQBAL KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23852014 APOT4032014 AP8512014 MD.SHAMIM KHAN Versus TATA MOTORS FINANCE LTD.& ANR. GA23862014 APOT4042014 AP8502014 MD.SHAMIM KHAN Versus TATA MOTORS FINANCE LTD.& ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 12th August, 2014. Mr.Sakya Sen, Advocate Mr.Priyankar Sa...
M/S. Emerald Greensward Vs. Mahadev Patra
Court: Kolkata
Decided on: Aug-12-2014
ORDER SHEET C.S.No.52 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.EMERALD GREENSWARD Versus MAHADEV PATRA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th August, 2014. Appearance : Arnab Mukherjee, Adv.The Court : The suit has become undefended. The defendant filed his written statement but did not discover any document. Peremptory directions were given. Finally, by an order dated 14th July, 2014, the defence of the defendant was struck off. The suit has appeared in my list as an undefended suit today. None appears for the defendant even with a request for extension of time to file their affidavit of documents. Miss Baishali Dalmiya is the proprietor of M/S.Emerald Greensward. She is the plaintiff. The business carried on by this firm relates to real estate, including construction and selling of multiple units, apartments, commercial spaces in different parts of the city and even outside. The defendant represented to the plaintiff to ...
Commissioner of Income Tax,koliv,kolkata Vs. M/S. Eastern Guards (P) L ...
Court: Kolkata
Decided on: Aug-12-2014
ORDER SHEET G.A.No.3487 of 2013 ITAT197of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX,KOL-IV,KOLKATA Versus M/S.EASTERN GUARDS (P) LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 12th August, 2014. For Appellant: Mrs.A.G.Gutgutia,Advocate Mr.S.Dasgupta,Advocate For respondent/assessee : Mr.P.Saraswati,Advocate The Court : This appeal has been preferred under Section 260A of the Income Tax Act, 1961 arising out of an Order dated 11th June, 2013 passed by the Learned Income Tax Appellate Tribunal, B Bench, Kolkata in ITA No.1672/KOL/2011 relating to the Assessment Years 2006-2007 on the following questions : a) Whether on the facts and in the circumstances of the case, the Learned Tribunal is justified in deleting the addition on account of belated payment of employers contribution towards Provident Fund and Employees State Insurance in contravention of the provisions of Section 2(24)(...
Pradip Kumar Biswas Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-12-2014
T No.293 of 2014 WP No.of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Pradip Kumar Biswas Versus State of West Bengal & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 12h August 2014 Appearance: Mr.Jishnu Saha, Sr.Advocate Mr.Raja Basu Chowdhury, Advocate Ms.Sutapa Dutta, Advocate for the petitioners Mr.Amitesh Banerjee, Advocate for the Board Mr.Subrata Kumar Bose, Advocate Mr.Rupendra Nath Choudhuri, Advocate for respondent Nos.4, 6 & 8 Mr.Mohit Gupta, Advocate for respondent No.12 Mr.T.D. Roy, Advocate Mr.Tilak Mitra, Advocate Mr.Himangshu Ghosh, Advocate Mr.Tapan Ray, Advocate for respondent Nos.7, 9, 10 & 11 The Court: This writ concerns the affairs of Rishi Dwaipayan CoOperative Housing Society Limited. The writ petitioner is the sister of Dr. Bibha Mukhopadhyay, the twelfth respondent. She had a flat in the property owned by the cooperative society. Under the law, she was also a member thereof. There is provision in the relevant law for tr...
Commissioner of Incoem Tax, Centraliii, Kol. Vs. M/S. Meghalaya Cement ...
Court: Kolkata
Decided on: Aug-12-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.88 of 2014 GA No.2011 of 2014 G.A.No.2010 of 2014 COMMISSIONER OF INCOEM TAX, CENTRAL-III, KOL. Versus M/S.MEGHALAYA CEMENTS LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 12th August, 2014. Md.Niaamuddin, Advocate Mr.J.P.Khaitan, Sr.Adv.Mr.P.Jhunjhunwala, Adv.and Mr.M.S.Tiwari, Adv.The Court : G.A.No.2010 of 2014 being an application for condonation of delay under section 5 of the Limitation Act, 1963 is treated as on the days list. A preliminary objection has been raised by Mr.J.P.Khaitan, leraned Senior Advocate that the order passed by the learned Tribunal at Guwahati is subject to the jurisdiction of the Gauhati High Court since the assessment for the concerned previous year reached its finality in another State over which the Tribunal and the High Court of that State has jurisdiction. The jurisdiction of this Court cannot be stretched to the Tri...
Commissioner of Income Tax. Kolx,kol Vs. Shree Krishan Madhogaria
Court: Kolkata
Decided on: Aug-12-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITAT No.86 of 2014 G.A.No.1937 of 2014 COMMISSIONER OF INCOME TAX. KOL-X,KOL Versus SHREE KRISHAN MADHOGARIA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 12th August, 2014. Mr.Ranjan Sinha, Advocate The Court : This appeal, out of an order dated 27th January, 2014 passed by the Income Tax Appellate Tribunal, Bench C, Kolkata in ITA/161/KOL/2010 and ITA/988/KOL/2010 both for the assessment year 2006-07, has been preferred 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 addition of bogus purchase of Rs.57,05,000/- on the ground that the Assessing Officer did not give sufficient effort to verify the purchases made by the assessee, without appreciating the fact that the register, purchase stock was not register, recorded maintained in by manual the purchase assessee...
C. I.T. Kolkata Ii Vs. M/S. Paper Trade and Industries (P) Ltd.
Court: Kolkata
Decided on: Aug-12-2014
ORDER SHEET ITA453of 2005 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C. I.T.KOLKATA II Versus M/S.PAPER TRADE & INDUSTRIES (P) LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 12th August, 2014. For Appellant : Mrs.Asha G.Gutgutia,Advocate. The Court : This appeal has been preferred under section 260A of the Income Tax Act, 1961 against the order dated 20th June, 2005 passed by the Income Tax Appellate Tribunal, E Bench, Kolkata in ITA No.1800/Kol/03 in rekspect of the assessment year 1998-99 on the following questions : (i) The Learned Tribunal has erred in Law and in facts in upholding the order passed by the Learned Commissioner of Income Tax (Appeals) without applying its mind to the true facts of the case. ii) The Learned Tribunal has grossly erred in holding that the Section 73 and the explanation of the Income Tax Act, 1961 is not applicable to the assessee without considering that the business of the assess...
ircon International Limited Vs. Central Coalfields Ltd.
Court: Kolkata
Decided on: Aug-11-2014
GA No.2242 of 2014 CS No.402 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction IRCo.INTERNATIONAL LIMITED Versus CENTRAL COALFIELDS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th August, 2014. Appearance: Mr.Pradip Kr. Dutta, Adv.Mr.Rajarshi Dutta, Adv.Mr.Partha Basu, Adv.Mr.Nikhil Kumar, Adv.Mr.Raghu Nath Ghose, Adv.Ms.Arunima Maitra, Adv.The Court : This is an application for review of an order passed by this Court. This application is the second attempt by the defendant to have the order dated 16th May, 2014 recalled. Earlier, an application was made for recalling of the order dated 16th May, 2014 which was dismissed. under the garb of review. present. The present application has been filed The conditions for reviewing the order are not The grounds mentioned are no grounds on which the Court can review an order. Moreover, Clause 13 of the agreement between the parties is not an arbitration clause and the dispute cannot be said to be arbitrable. Accor...
The Calcutta Law Journal (Pvt) Limited Vs. the Kolkata Municipal Corpo ...
Court: Kolkata
Decided on: Aug-11-2014
ORDER SHEET WP NO.720 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE CALCUTTA LAW JOURNAL (PVT.LIMITED Versus THE KOLKATA MUNICIPAL CORPORATION AND ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th August, 2014. Mr.P.Nandi, Mr.D.N.Pal, Mr.D.C.Palfor petitioner. The Court : Two points are raised in this application. The fiRs.is that the fifth respondent is in unauthorised occupation of a portion of premises no.8, Old Post Office Street, Kolkata and that they have made illegal construction therein. Secondly, this respondent has accumulated a sizeable quantity of solid waste adjoining the office of the writ petitioner, which is most unhealthy and illegal. It seems that the Chief Municipal Health Officer made an investigation of the portion of the premises on 14th December, 2012. In his report which is at page 31 of the writ petition he has found the presence of huge solid waste blocking the mouth of the said passage facing Calcutta High Court...
Rajeev Daga and anr. Vs. Ambalal Sarabhai Enterprises Ltd. and ors.
Court: Kolkata
Decided on: Aug-11-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.2061 of 2014 WITH CS No.297 of 1989 AND GA No.2118 of 2014 WITH CS No.297 of 1989 RAJEEV DAGA & ANR. Versus AMBALAL SARABHAI ENTERPRISES LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th August, 2014. Appearance : Mr.Swarneandu Ghosh, Adv.Mr.Deep Nath Roy Choudhury, Adv.Mr.Pushan Kar, Adv.Mr.Aniruddha Sinha, Adv.for the defendants Mr.Jishnu Saha, Adv.Mr.Ashish Mukherjee, Adv.Ms.Sulagna Mukherjee, Adv.for the plaintiff The Court : Two applications are taken up together. G.A.No.2061 of 2014 is an application at the instance of the defendant No.1 challenging the report of the Special Referee quantifying the mesne profit in the suit. The defendant No.1 claims that mesne profit is payable by a person who is in wrongful possession of a property. It is submitted on behalf of the defendant No.1 that, it was not in wrongful possession of the suit property for the period between Octo...
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