Kolkata Court August 2014 Judgments
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indusind Bank Ltd Vs. Krishna Majumder and anr.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET EC2012014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INDUSIND BANK LTD Versus KRISHNA MAJUMDER & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th August, 2014. The Court : An award was passed on February 28, 2011. It is orally submitted that an application for setting aside of the award is pending before the Chief Judge, City Civil Court. However, the said application is lying defective due to insufficient stamp paid on the said application. The said application is yet to be registered. It is further submitted that the City Civil Court has been approached by the decree holder under section 9 of the Arbitration and Conciliation Act, 1996. It is also submitted that the City Civil Court would have the jurisdiction to consider the said application for execution of the award. The judgment debtors have been given opportunity to pay the decree holder the dues by instalments. However, the judgment debtors are not inclined to avail such b...
C.i.T.W.B.(V)cal. Vs. M/S.Mico Rubber Industries.
Court: Kolkata
Decided on: Aug-28-2014
IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITA212OF2000C.I.T.W.B.(V)CAL. Versus M/S.MICO RUBBER INDUSTRIES. BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 28th August, 2014. Mr.S.N.Dutta, Advocate ..for appellant Mr.J.P.Khaitan, Sr.Advocate .amicus curie The Court :-This appeal under Section 260A of the Income Tax Act, 1961 was preferred against the order dated 05.01.2000 passed by the Income Tax Appellate Tribunal D Bench, Calcutta in I.T.A.No.1251 (Cal) of 1992 for the assessment year 1986-97. The appeal was admitted on the following questions: (a) Whether on the facts and in the circumstances of the case the order of the I.T.A.T.is perveRs.in as much it has allowed bogus payment of Rs.719620/- made in cash to contract on the ground of exceptional provision of Rule 6DD(g) and (j) of the Income Tax Rules without commenting on ingenuine and/or bogus payment?. (b) Whether on the facts and in the circumstances of the c...
Vs. Union of India and ors.Responden
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET W.P.No.466 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.V.K.UDYOG LTD.Versus UNION OF INDIA & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th August, 2014. For Petitioner : Mr.R.K.Chaudhury, Adv.For Respondents : Mr.R.Bharadwaj with Mr.K.K.Maity, Adversus According to the writ petitioner there has been breach of the principles of natural justice. A reply to the show cause notice was filed with a rider that an additional reply thereto would be filed. The show cause notice was adjudicated upon by an order dated 27th February, 2014 without giving an opportunity to the writ petitioner to file an additional reply to the show cause, it was argued. According to Mr.Chaudhury, learned Advocate, appearing for the writ petitioner, some other proceedings, concerning the writ petitioner, are continuing elsewhere. The result of those proceedings will have an effect on the present proceedings and that these proceedi...
Cathay Pacific Airways Ltd. Vs. Paras Marketing Co. (P) Ltd. and ors.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET G.A.No.256 of 2013 C.S.No.351 of 2012 G.A.No.273 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CATHAY PACIFIC AIRWAYS LTD.Versus PARAS MARKETING Co.(P) LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th August, 2014. Appearance : Mr.Ratnanko Banerjee, Sr.Adv.Mr.D.N. Sharma, Adv.Mr.O.P. Jhunjhunwala, Adv.Mr.S.Shukla, Adv. for the plaintiff/petitioner Mr.Anirban Ray, Adv.Ms.Anamika Pandey, Adv.Ms.Amrita Pandey,Adv.Mr.Palash Mukherjee, Adv. for the defendants. The Court : The plaintiff has instituted a suit for recovery of a sum of Rs.40,23,036/-. against defendant No.1 on account of price of tickets sold by the plaintiff to defendant during March 16, 2011 to April 15, 2011. The plaintiff is engaged in the aviation business. The plaintiff is one of the largest airline companies in the world. The plaintiff is a member of the proforma defendant association and runs its Indian operation from Mumbai. The defendant No.1 is one of...
Commissionerate Vs. M/S Nissan Ferrocast Ltd.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET GA NO.982 OF2014CEXA NO.3 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 NISSAN FERRO-CAST LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL AND The Hon'ble JUSTICE ARINDAM SINHA Date : 28th August, 2014. MR.R.BHARADWAJ.MR.K.K.MAITI,ADVOCATES FOR APPELLANT MR.PRADIP KR.TARAFDER, MR.JOYDEEP SEN, MR.S.DUTTA, MR.H.ADHIKARI, ADVOCATES FOR RESPONDENT The Court : This is an application for stay of the judgment and order dated 12th September, 2013 passed by the CustoMs.Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Stay Petition no.E/S/1000/2011 in Excise Appeal No.E/A/ 841/2011 arising out of Order-in-Original No.4/Commissioner/CE/KolIV/2011 dated 24.05.2011 (M/s.Nissan Ferro-Cast Limited versus Commissioner of Central Excise, Kol-IV) whereby the Tribunal directed total waiver of pre-deposit of the dues adjudged and had stayed recovery d...
C.i.T.Wbi,calcutta Vs. New Swadeshi Sugar Mills Ltd.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET ITA No.63 of 1999 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE C.I.T.WB-I,CALCUTTA Versus NEW SWADESHI SUGAR MILLS LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 28th August, 2014. Appearance: Mr.C.S.Das, Adv.Mr.P.Dudhoria, Adv.The Court :- This is an appeal under Section 260A of the Income Tax Act, 1961 against the order dated 30.11.1998 passed by the Income Tax Appellate Tribunal A Bench, Calcutta in the Income Tax Appeals being I.T.A.No.4372 and 4373 (Cal) of 1989 in respect of the Assessment Years 1984-85 and 1985-86 respectively. The fiRs.two questions relate to the Assessment Year 1984-85. The fiRs.question sought to be raised is whether Tubewell and Fire extinguisher can be treated as plant and machinery for the purposes of allowing Investment allowance u/s.32A of the said Act. The Tribunal has held in the affirmative. Mr.Das, learned Advocate relies on a judgment in Commissioner of Income Tax Ve...
MaeksIn Shipping Co. Pvt. Ltd. Vs. Central Inland Water Transport Corp ...
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET APOT4732014 GA27222014 AP1722014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAEKSIN SHIPPING Co.PVT.LTD.Versus CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 27th August, 2014. Mr.Siv Shankar Banerjee, Advocate Mr.D.K.Mukhopadhyay, Advocate for the appellant. Mr.Arindam Mukherjee, Advocate Mr.A.K.Jena, Advocate for the respondent. The Court : The appellant before us is aggrieved by the order dated August 1, 2014. As a matter of fact, the entire dispute revolves around whether at this stage the ship which is named as P.T.Trivundram could be taken back by the respondent/petitioner for handing over the same for repairs to some other contractor. Admittedly, application under Section 9 is pending consideration. On earlier occasion, by the order dated February 14, 2014 there was a direction requiring the Central Vigilance Commission to enquire into the circu...
Spectra Worldwidw Llc Vs. Spectra Fashions Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Aug-27-2014
GA No.2292 of 2014 CS No.253 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SPECTRA WORLDWIDW LLC Versus SPECTRA FASHIONS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th August, 2014. Mr.Anubhav Sinha, Adv.appears The Court : The petitioner is the supplier of various fabrics and other materials to the defendants who have to act as agent to manufacture the garment and reexport the same to the plaintiff. The dispute arises with regard to the supply of fabric on conversion by the defendants to the plaintiff. The plaintiff claims that the entire fabric supplied to the defendants had not been reexported to the plaintiff in terms of the agreement. The petitioner states that in spite of reminders and request being made to the respondents for release of manufactured goods and other details with regard to the unused fabric sent by the petitioner to Kolkata, the respondents have failed to provide any information. The petitioner claims that the finishe...
Educo Ventures Pvt. Ltd. Vs. MerlIn Projects Ltd.
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET APOT4702014 GA26952014 CS962014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EDUCO VENTURES PVT.LTD.Versus MERLIN PROJECTS LTD.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 27th August, 2014. Mr.Sabyasachi Chowdhury, Advocate Mr.V.V.V.Sastry, Advocate for the appellant. Mr.Abhrajit Mitra, Senior Advocate Mr.Satadeep Bhattacharya, Advocate the respondent. The Court : Heard Mr.Sabyasachi Chowdhury, learned Counsel for the appellant as well as Mr.Abhrajit Mitra, learned Senior Counsel for the respondent. This appeal is against an interim order passed by the learned Single Judge on an application filed in a suit for specific performance. The suit was filed for specific performance of an agreement dated November 21, 2013. According to the appellant/defendant, there was no concluded contract between them and the alleged agreement dated November 21, 2013 is a forged agreement which is evident from the subseque...
M/S Shree Ganesh Forging Co. and anr Vs. Union of India and ors
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET GA No.1699 of 2014 APO No.188 of 2014 WP No.236 of 2014 IN THE HIGH COURT AT CALCUTTA WRIT JURISDICTION ORIGINAL SIDE M/S SHREE GANESH FORGING Co.AND ANR Versus UNION OF INDIA AND ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 27th August, 2014. Appearance: Mr.J.P. Khaitan, Sr.Adv.Mr.S Dasgupta, Adv.Mr.A.Mukherje, Adv.Mr..S.B. Saraf, Adv.Mr.K.K. Maity, Adv.The Court : This appeal is directed against order dated 30th April, 2014 passed in WP No.236 of 2014 (M/s Shree Ganesh Forging Co & Anr. versus Union of India & Ors).The learned Single Judge had dismissed the Writ Petition on the opinion the application filed by the appellant-petitioner before the Tribunal was in substance an application to rectify the mistakes made in the order and not a simplicitor application for recalling the order of dismissal of an appeal by default. The facts relevant for the adjudication of this appeal are an order in original dated 19th December, 2008 was ma...
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