Kolkata Court August 2014 Judgments
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M/S Sen and Ray Vs. Commissioner of Income Tax, Kolkataxix
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET ITA No.500 of 2007 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE M/S SEN & RAY Versus COMMISSIONER OF INCOME TAX, KOLKATA-XIX 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.C.S. Das, Adv.Ms.A.G.Ghutghutia, Adv.The Court : This Appeal was admitted on the following question: Whether the Tribunal was justified in law in upholding the disallowance of service charges of Rs.3,65,235/- incurred by the appellant wholly and exclusively for the purposes of its profession, without considering its submissions and documents relied upon in support thereof and without calling for or examining the assessment record as prayed for by the appellant, and its purported findings in that behalf are arbitrary, unreasonable and perverse?. We find the Tribunal by the order under Appeal held as under: Heard both the parties, perused the record and find that this addition has be...
Lilawanti Arora and ors. Vs. Sushama Arora and ors.
Court: Kolkata
Decided on: Aug-27-2014
GA No.1182 of 2013 CS No.256 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LILAWANTI ARORA & ORS.Versus SUSHAMA ARORA & ORS.Appearance Mr.Aniruddha Roy, Adv.Mr.Nirmalya Dasgupta, Adv.Mr.Mohanjee Ojha, Adv.Applicants Mr.Mohit Gupta, Adv.Respondents BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th August, 2014. The Court : Probate Case No.70 of 2012 is pending in the City Civil Court at Calcutta. C.S.No.256 of 2012 was initiated in this Court by the applicant in the probate proceeding and other people as plaintiffs. The instant application has been taken out on behalf of the defendants in CS No.256 of 2012 for stay of the instant suit and alternatively for dismissal of the suit. The prayer for stay of the instant suit was made on the basis that the probate case pending in the City Civil Court was instituted prior to institution of the instant suit. However, it has now transpired that the instant suit is prior in point of time. Hence, the ...
Bishnupada Biswas and ors. Vs. Swapan Kumar Roy and ors.
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET GA No.2191 of 2014 With CS No.240 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BISHNUPADA BISWAS & ORS.Versus SWAPAN KUMAR ROY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th August, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Rajesh Upadhyay, Adv.Mr.Rudrajit Sarkar, Adv.Mr.Soumabha Ghosh, Adv.for the petitioner. Mr.Ranjan Bachawat, Sr.Adv.Mr.Mr.Prasanta Naskar, Adv.for the respondent nos.2 & 3. Mr.Reetobroto Mitra, Adv.for the respondent nos.5 to 14. The Court : As Mr.Bachawat has rightly pointed out a money receipt shown at page no.166 of the petition shows that Gopal Chandra Limited. Ghosh is the name of the agent of Icore-e-Services If any money is payable by Icore-e-Services Limited, it has to be paid by the person who has invested. investor is not disclosed. The name of the At pages 155 to 174 shows that Gopal Chandra Ghosh was acting as an agent of the different companies belonging to Icore group. There are seri...
Central Coalfields Ltd Vs. Ircon International Limited
Court: Kolkata
Decided on: Aug-27-2014
APOT477of 2014 G.A.2732 of 2014 G.A.2733 of 2014 C.S.402 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side CENTRAL COALFIELDS LTD Versus IRCo.INTERNATIONAL LIMITED BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ASHIM KUMAR BANERJEE Date : 27th August, 2014. For the Appellant : Mr.Mr.Mr.Mr.Mr.Mr.For the Respondent : THE appellant as COURT well Mr.Debabrata Roy Choudhuri, Sr.Advocate with MRS.Arunima Maitra, Advocate : as Jagdeep Dhankhar, Sr.Advocate with Amit Kumar Das, Sourav Ghosh, Prithwiraj Sinha, Kushal Polley and Arnab Basu Mullick, Advocates Heard the learned respondent on counsel the for question the of condonation of delay. We have perused the petition. Delay of 71 days in filing the appeal is condoned. Application being G.A.No.2732 of 2014 is allowed. The appellant before us is the respondent before the learned Trial Judge. The controveRs.raised before us is whether there was justification for the learned Judge to invo...
Vs. Marco Polo Restaurant Pvt. Ltd.Defen
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET G.A.No.576 of 2014 C.S.No.221 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SURESH TULSHAN ,TRUSTEE OF K.P.FOUNDATION & ORS.Versus MARCO POLO RESTAURANT PVT.LTD.Plaintiffs/Petitioners Defendant/Respondent BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 27th August, 2014. For Plaintiffs/Petitioners : Mr.Srenik Singhvi with Mr.Sananda Ganguly, Adversus For Defendant/Respondent : Mr.Abhrajit Mitra, Sr.Adv.with Mr.Soumabha Ghose & Mr.N.Berlia, Adversus This is an interim application in aid of a suit. The sub-lease of the defendant in premises no.24, Park Street, Kolkata 700 016, known as Anuj Chamber, was determined by the plaintiffs, being the lessor after 2nd June, 2013. This was done by a notice dated 16th May, 2013 under Section 106 of the Transfer of Properties Act, 1882 giving the defendant 15 days notice to quit, vacate and deliver up vacant possession of the premises. According to the defendant there is an arbitration clause. A ...
Poddar Projects Ltd. Vs. Magic Deal India Pvt. Ltd.
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET GA No.2704 of 2014 With CS No.222 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PODDAR PROJECTS LTD.Versus MAGIC DEAL INDIA PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th August, 2014. Appearance: Mr.Ranjan Kr. Deb, Sr.Adv.Mr.Nirmalya Dasgupta, Adv.Mr.Dibanath Dey, Adv.Mr.A.Basu, Adv.The Court : This is an application for stay of suit under Section 8 of the Arbitration and Conciliation Act, 1996. The plaintiff defendant. has filed a suit for eviction against the The reading of plaint would show that the plaintiff asserts its right of eviction in view of the failure on the part of the defendant to comply with the terms and the agreement dated 7th October, dispute.2009. The execution of the agreement is not in Prayer (b) of the releifs in the plaint stated: b) A Decree for mandatory injunction directing the defendant to make over khas possession of the space measuring 4681 square feet more or less as specified and demarca...
...Petitioners Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-27-2014
ORDER ASM No.1 of 2014 IN THE HIGH COURT AT CALCUTTA (Special Jurisdiction) ORIGINAL SIDE (Sanchaita Investments MatteRs.In the matter of: CHANDER SETH AND ORS...Petitioners Versus UNION OF INDIA AND ORS...Respondents And In the matter of: MAHADEB GHOSH, COMMISSIONER, SANCHAITA INVESTMENTS ...Applicant. BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA AND The Hon'ble JUSTICE TAPASH MOOKHERJEE Date: 27th August 2014. Appearance: Mr.Deep Nath Roychowdhury, Advocate ...for the Applicant. Md.Hafizur Rahaman, Advocate ...for the respondents. The Court: Commissioner, This Sanchaita application Investments is by taken working out out by a the revised scheme for payment of a sum of Rs.500/-, instead of Rs.200/- as proposed earlier, to the higher group of depositors ranging from Rs.6,000/- to Rs.25,000/- and above and for an order for enhancement of remuneration of the supporting staff of the office of the Commissioner, Sanchaita Investments by reallocation of the fund within the approved bud...
Mahendra Kumar Sutar, Prop. of M/S. R.C. Metal Industries Vs. Union of ...
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET WP NO.415 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MAHENDRA KUMAR SUTAR, PROP. OF M/S.R.C.METAL INDUSTRIES Versus UNION OF INDIA & OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 27th August, 2014. Mr.A.Chakraborty, Mr.N.Chowdhuryfor petitioner. Mr.R.N.Das, senior advocate, Mr.S.K.Sahafor respondent no.2. Mr.K.Deyfor respondent no.3. The Court : The writ petitioner wants to comply with the order of the Commissioner of Customs [Port]., Customs House, Kolkata dated 1st April, 2014, but with some modification with regard to security. It appears that after the order dated 1st April, 2014, another order was passed by the Commissioner of Customs [Port].extending the period for issuance of the show cause notice by six months with regard to the concerned shipping bill 8496980 dated 18th November, 2013. However, the Commissioner clarified that this order would not prevent provisional release of the goods in terms of his earlier decisio...
Ramlal Majhi Vs. Coal India Ltd and ors.
Court: Kolkata
Decided on: Aug-27-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP145OF2014RAMLAL MAJHI Versus COAL INDIA LTD AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 27th August, 2014. Mr.Subrata Ganguly, Advocate for petitioner Mr.Amit Halder, Advocate for respondents The Court :- A son of a former employee of Eastern Coalfields Limited claims employment on compassionate ground. His father Patal Manjhi died on 10th March,2006. The writ petitioner is his only son. According to Mr.Ganguly, learned Advocate for the son, his client made a timely application for being provided employment on compassionate ground. According to Mr.Halder for the second respondent, Eastern Coalfields Limited, the mother of Ramlal, Rabani Manjhi describing herself as the widow of Patal also lodged a similar application which is pending. Mr.Ganguly submits that on the date of the application she was forty-eight years old and now much older. The mother Rabani Manjhi also instituted a civil suit in a Co...
Eden Infrastructure Pvt. Ltd. and anr. Vs. Eden Realty Ventures Pvt. L ...
Court: Kolkata
Decided on: Aug-27-2014
ORDER SHEET GA No.1673 of 2014 With CS No.186 of 2014 GA No.1586 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EDEN INFRASTRUCTURE PVT.LTD.& ANR. Versus EDEN REALTY VENTURES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th August, 2014. Appearance: Mr.Abhrajit Mitra Sr.Adv.Mr.Sourya Sadhan Bose, Adv.Mr.Debashish Kundu Sr.Adv.Mr.Aryak Dutt, Adv.Ms.Iram Hassan, Adv.Mr.R.N.Barik, Adv.Mr.Jayanta Mitra Sr.Adv.The Court: The suit has been filed by the plaintiff for injunction in relation to immovable properties that are admittedly outside the jurisdiction of this Court. In deciding the prayers in the suit an adjudication has to be made to the right title and interest of the parties in respect of immovable properties that are admittedly situated outside the jurisdiction of this court. Moreover, the relief, if granted in favour of the plaintiff, would be in relation to an immovable property which is admittedly situated outside the juri...
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