Kolkata Court August 2014 Judgments
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Magma Fincorp Ltd. Vs. Rajesh Kumar Gupta and
Court: Kolkata
Decided on: Aug-11-2014
ORDER SHEET AP NO.1120 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF : MAGMA FINCORP LTD.Versus RAJESH KUMAR GUPTA AND ANR. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 11th August, 2014. MR.P.SINHA,MR.K.K.PANDEY,ADVOCATES FOR PETITIONER The Court : In view of the averments made in paragraph 40 of the application, this Court grants leave under Clause 12 of the Letters Patent in favour of the petitioner to move the instant application before this Court. Affidavit of service filed earlier indicates effective service of notice upon the concerned respondents who are not represented even at the time of second call. As such, the application comes up for consideration on merit, in the absence of the respondents. This is an application under section 9 of the Arbitration & Conciliation Act, 1996, in connection with an arbitration agreement governing a loan agreement dated 7th November, 2013, whereby the petitioner agreed to gran...
Eden Realty Ventures Pvt Ltd Vs. Eden Real Estates Pvt Ltd and anr.
Court: Kolkata
Decided on: Aug-11-2014
GA No.2443 of 2014 CS No.232 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EDEN REALTY VENTURES PVT LTD Versus EDEN REAL ESTATES PVT LTD & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th August, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.S.N. Mitra, Sr.Adv.Mr.Arindam Mukherjee, Adv.The Court : This application is filed by the defendant no.1 for rejection of the plaint on the ground that the plaint does not disclose any cause of action. The applicant has also urged that in view of the compromise decree passed in respect of two earlier suits being CS No.373 of 2013 and CS No.374 of 2013, the subsequent suit is barred under Order 23 Rule 3 of the Code of Civil Procedure. It is submitted that the objections raised in the instant application for rejection with regard to the continuation of the suit would come under Order 7 Rule 11 (a) and (b) read with Section 11 of the Code. Mr.Mitra has referred to the decisions in Byram Pestonji Gari...
Prapti Fashions Pvt Ltd and anr Vs. Manoj Kumar Gupta
Court: Kolkata
Decided on: Aug-11-2014
GA No.396 of 2013 CS No.28 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRAPTI FASHIONS PVT LTD AND ANR Versus MANOJ KUMAR GUPTA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th August, 2014. Appearance: Mr.Ranjan Bachawat, Sr.Adv.The Court : In spite of notice none appears on behalf of the respondent to contest these proceedings. The plaintiff has instituted this suit praying, inter alia, for a decree for permanent injunction restraining the defendant whether by himself, his partneRs.employees, servant, agent or otherwise from using the trademark Prapti for its shop at Satyanarayan Park, AC Market, Shop No.101 and various other shops and being owned and/or from which the defendant runs its business. The suit is for an infringement action. Mr.Ranjan Bachawat, learned senior counsel appearing on behalf of the plaintiff submits that on an earlier occasion the plaintiff has filed a suit being TS No.122 of 2012 before institution of the present...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-11-2014
APO51OF2014C.S.219 OF2006IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side ABL INTERNATIONAL LTD.Appellant Versus PARAMANAND AGARWAL & ORS.Respondents BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ASHIM KUMAR BANERJEE Date : 11th August, 2014. For the Appellants : Mr.S.N.Mitra, Sr.Advocate with Mr.Arindam Mukherjee, Ms.Sananda Mukherjee and Mr.U.S.Menon, Advocates For the Respondents : Mr.Joydip Kar, Sr.Advocate with Mr.Bilwadal Bhattacharyya Mr.S.Ghosh and Mr.S.Sengupta, Advocates THE COURT : This appeal is filed against the order passed in G.A.3049 of 2006 filed in C.S.No.601 of 1989. The suit was filed by the tenants of the premises in question and the amendment was sought by the plaintiffs-tenants. According to the appellants, the amendment 2 application ought not to have been entertained by the learned Judge as it was filed 17 years after the institution of the suit and it referred to the monetary claim. Therefore, the question of...
Brij Gopal Mundhara Vs. G.B. Products and ors
Court: Kolkata
Decided on: Aug-11-2014
GA No.2162 of 2014 CS No.245 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BRIJ GOPAL MUNDHARA Versus G.B.PRODUCTS AND ORS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th August, 2014. Appearance: Mr.Sayantan Bose, Adv.Mr.Gautam Roy, Adv.Mr.S.Jana, Adv.Mr.S.Roy Chowdhury, Adv.Mr.Sunil Singhania, Adv.Mr.Ranjan Bachawat, Sr.Adv.Mr.Soumabho Ghose, Adv.The Court : This application has been filed by the plaintiff seeking injunction restraining the defendants from infringing the petitioners registered design being No.253571 dated 30th April, 2013 by applying the identical and/or deceptively similar design having obvious and/or fraudulent imitation of the registered design of the petitioner on the kids wears manufactured and marketed by the respondents in any manner whatsoever. The infringed and/or offending design is at page 64 of the petition. At the time of admission of this petition, joint special officers were appointed to visit the place or ...
Gng Exports and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-11-2014
ORDER SHEET WP386of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GNG EXPORTS & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th August, 2014. Mr.R.K.Chowdhury, Advocate Mr.R.Bharadwaj, Advocate Mr.K.K.Maity, Advocate The Court: It appears that the Commissioner of Customs (Appeals) Kolkata, passed six ordeRs.One was made on 20th June, 2011 and the other five were made on 12th March, 2012. According to Mr.Bharadwaj, learned Counsel for the Revenue, appeals with connected stay applications are pending before the CustoMs.Excise and Service Tax Appellate Tribunal (CESTAT).The case of the writ petitioners is that the Commissioner of Customs (Appeals) ruled in favour of his clients that the assessment of duty was to be made on dry iron ore fines imported and not on the wet product. He also ruled in favour of the petitioners with regard to the allegations against short shipment. According to the petitioneRs.there is no sta...
Satish Deorah and ors. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Aug-11-2014
ORDER SHEET WP No.734 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SATISH DEORAH AND ORS.Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date: 11th August, 2014 Mr.Abhrajit Mitra, Sr.Adv.with Mr.Anirban Roy, Adv.Mr.Jayanta Sengupta, Adv.Mr.S.N. Pyne, Adv..for the petitioners Mr.Fazul Haque, Adv.with Ms.Suvasree Ghosh, Adv.Mr.S.Panda, Adv..for the respondents The bone of contention in this writ application is this. The petitioner, Deorah Nidhi Seva Trust, is the owner of the subject property. A revised assessment has been made, according to Mr.Mitra, learned Senior Advocate from 3rd quarter of 2007-2008 in respect of the said property, increasing its valuation to Rs.1,61,740/-, without notice to the petitioneRs.Learned Advocate for the Kolkata Municipal Corporation submits that the petitioners acquired the premises as long ago as 2000 and till date, there is no intimation to the respondent-Corporation about the ...
Ravi Shipping Agency Pvt. Ltd. Vs. Union of India, Through the Chief C ...
Court: Kolkata
Decided on: Aug-11-2014
WP No.742 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Ravi Shipping Agency PVT.LTD.Versus Union of India, through the Chief Commissioner of Customs Before: The Hon'ble Justice I.P.MUKERJ.Date: 11th August 2014 Appearance: Mr.R.K. Choudhury, Advocate for the petitioner Mr.S.B. Saraf, Advocate MRS.Shanta Mitra, Advocate for Union of India The Court: This writ challenges the adjudication order of the Commissioner of Customs (Port).Kolkata dated 21st July 2014. The challenge to this order is made by a Customs Clearing House Agent, now known as a Customs House Broker. The primary ground of attack is that the writ petitioner was not issued a show-cause notice. The other ground is that there was no justification for imposing a penalty of Rs.1 lakh on the writ petitioner. A quantity of yellow peas was imported by the importer. The vessel anchored at the Sagar anchorage. From this anchorage the goods were brought in barges to the Khiddipur dock. Under th...
Commissioner of Income Tax, Kolkata Vs. M/S. Tata Materials Handling S ...
Court: Kolkata
Decided on: Aug-11-2014
ORDER SHEET ITA No.280 of 2005 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA Versus M/S.TATA MATERIALS HANDLING SYSSTEMS LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 11th August, 2014. Appearance: Mr.M.C.Pustri,Adv.The Court : This appeal under Section 260A of the Income Tax Act, 1961 against the order dated 24th November, 2004, passed by the Income Tax Appellate Tribunal, D Bench, Kolkata in ITA No.1846/Kol/2002 relating to the assessment year 1996-97 is on the following questions: 1. Whether on the facts and in the circumstances of the case the Tribunal was justified in law in holding that the claim of deduction for expenditure incurred on royalty Rs.22.68 lakhs to MAN GHH German Company was a revenue expenditure and not a capital expenditure when the respondent/assesee was enjoying benefit from the contract by making payment of royalty even after the termination of the contr...
Cit.Koli Vs. M/S Mbk Trading Pvt Ltd
Court: Kolkata
Decided on: Aug-11-2014
ORDER SHEET GA No.1744 of 2014 With ITAT No.70 of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE CIT.KOL-I Versus M/S MBK TRADING PVT LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 11th August, 2014. Appearance: Ms.A.G.Ghutghutia, Adv.The Court: This appeal under Section 260A of the Income Tax Act, 1961 against order dated 15th January, 2014 passed by the Income Tax Appellate Tribunal, A Bench in ITA No.516/Kol/12 for the assessment year 2006-07 has been filed 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 deleting the addition made by the Assessing officer for a total sum of Rs.13,64,36,062/- on account of share application money of Rs.13,60,36,062/- and undisclosed cash deposit of Rs.4,55,000/- without considering that the notices under section 133(6) remained unserved and unreplied in some cases raising suspic...
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