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Kolkata Court August 2014 Judgments

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Aug 25 2014

Landt Finance Limited Vs. Kundaraj BorgohaIn and anr

Court: Kolkata

Decided on: Aug-25-2014

1 ORDER SHEET APOT No.464 of 2014 GA No.2617 of 2014 AP No.576 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L&T FINANCE LIMITED Versus KUNDARAJ BORGOHAIN & ANR BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 25th August, 2014. Appearance: Ms.Ahana Sikdar with Mr.S.Saha Ld. Advocates for the appellant. The Court :- Despite service none appears to oppose this appeal. Hence, we proceed exparte. Parties entered into a loan transaction whereby a sum of Rs.4,40,776/- is still due and payable by the respondent to the appellant. The learned Single Judge directed the Receiver to make an inventory. The Receiver did so. His Lordship discharged the Receiver. Hence this appeal. Ms.Ahaha Sikdar, learned Counsel appearing for the appellant, submits if the respondent is not put to terMs.the asset would be in jeopardy. Ms.Sikdars argument sounds logical. We allow the appeal in part by modifying the order of the learned Single...


Aug 25 2014

Oindrila Barmanpetitioner Vs. Coal India Limited and ors.Respondents

Court: Kolkata

Decided on: Aug-25-2014

ORDER SHEET W.P.No.726 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE OINDRILA BARMAN Versus COAL INDIA LIMITED & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th August, 2014. For Petitioner : Mr.Partha Ghosh, Adv.For Respondents : Mr.R.N.Majumdar with MRS.Sanchita Barman Roy, Adversus The question to be answered in this writ application is as follows : Does a female dependent of an employee aged 13 years at the time of the death of her mother have the right to employment on compassionate grounds?. The mother of the writ petitioner was an employee of Eastern Coalfields LTD.She died on 6th March, 2007. On 21st March, 2007 her father applied to the Chief Medical Officer, Central Hospital Kalla, to keep the writ petitioner on the live roster. His application was refused. Mr.Ghosh submits that the writ petitioner was subjected to medical examination. Now, the problem is this. The name of a similarly situated male dependen...


Aug 25 2014

Ajay Trading Co. and ors.Petitioners Vs. Coal India Ltd. and ors.Respo ...

Court: Kolkata

Decided on: Aug-25-2014

ORDER SHEET W.P.No.935 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AJAY TRADING Co.& ORS.Versus COAL INDIA LTD.& ORS.Petitioners Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th August, 2014. For Petitioners : Mr.Debashis Kundu, Sr.Adv.with Mr.R.N.Barik, Adv.For Respondents : Mr.Nikhil Ray, Adv.In the batch of matters where identical issues were involved in W.P.No.20522 [w].of 2013 [Arpa Fuel PVT.LTD.& ORS.versus Coal India LTD.& Ors.].with connected matteRs.Harish Tandon, J. on 11th April, 2014 passed a final order in the writ. The operative part of the order is set out hereinbelow : * * * * As indicated above, identical issue is pending before the larger bench of the Supreme Court and have not been finally decided as yet. This Court, further, does not feel that the action of the said respondents by issuing the aforesaid notices/memos could at all be sustained. The Authorities are, therefore, directed to suspend their action for r...


Aug 25 2014

Sri Sanjit Kumar Gupta Vs. the Kolkata Municipal Corporation

Court: Kolkata

Decided on: Aug-25-2014

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA No.2373 of 2014 WP No.822 of 2012 Sr.SANJIT KUMAR GUPTA Versus THE KOLKATA MUNICIPAL CORPORATION BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th August, 2014. For Petitioner : Mr.P.K. Dutta, Senior Advocate with Mr.Mayukh Maitra, Advocate The Court : We are concerned with the property being Flat No.15 (3rd floor).105, Park Street, Kolkata 700 016. It appears that just prior to the quarter 2/2006 the annual valuation of the flat made by Kolkata Municipal Corporation was Rs.6740/-. On that basis Rs.450/had been paid as tax. It also seems from or about 2/2006, this valuation was enhanced to Rs.2,59,200/-. The tax demanded per quarter was Rs.38185/-. The writ petitioner did not pay it under protest. Mr.Dutta, learned Senior Advocate for the petitioner, submits that this enhancement was made without giving any notice to the petitioner and without hearing them. This writ application was moved on 1...


Aug 25 2014

Senbo Engineering Ltd. Vs. New Era Enterprises and ors.

Court: Kolkata

Decided on: Aug-25-2014

ORDER SHEET GA No.2254 of 2014 With CS No.298 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SENBO ENGINEERING LTD.Versus NEW ERA ENTERPRISES & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th August, 2014. Appearance: Mr.Nilay Sengupta, Adv.Mr.D.N.Sharma, Adv.Mr.Supratim Laha, Adv.Mr.Tanmoy Roy, Adv.Mr.Chayan Gupta, Adv.The Court: The plaintiff has filed a suit for recovery of certain amount as well as declaration that some of the bills being annexures L, M, N, O, P are illegal and null and void. The reading of the plaint would show that the plaintiff had entered into an agreement with the defendant no.1 for design and construction of underground station including Stabling Line at Central Secretarial and Tunnel towards Khan Market by Cut & Cover Method on Central Secretariat Baderpur Corridor of Delhi MRTS Project. The defendant resides outside. The offer of the plaintiff was accepted by the defendant at its registered Office at Faridab...


Aug 25 2014

Bgm Consortium Ltd. and ors. Vs. Corporation Bank

Court: Kolkata

Decided on: Aug-25-2014

ORDER SHEET GA No.2281 of 2014 With CS No.207 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BGM CONSORTIUM LTD.& ORS.Versus CORPORATION BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th August, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Jishnu Chawdhury, Adv.Mr.Siddharatha Mitra, Sr.Adv.The Court : The grievance of the plaintiff is that the plaintiff company was classified as a wilful defaulter on the basis of the information furnished by Mr.Pradeep Agarwal, one of the DirectORS.who had appeared before the Grievance Redressal Committee. Mr.Abhrajit Mitra, learned senior counsel, referred to a communication of the Corporation Bank dated 8th May, 2014 requiring the plaintiff to submit details of accounts maintained other than Consortium member banks along with statement of bank from the respective banks. This information possibly was elicited by reason of a Directors submission of the made plaintiff by Pradeep before the Agarwal one Gr...


Aug 25 2014

Commissioner of Income Tax, Koli, Kol. Vs. M/S. Asha Mangal Portfolio ...

Court: Kolkata

Decided on: Aug-25-2014

ORDER SHEET G.A.No.1398 of 2014 ITAT37OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOL-I, KOL. Versus M/S.ASHA MANGAL PORTFOLIO PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 25th August, 2014. For appellant/revenue : Mr.P.Dhudhoria,Advocate For respondent/assessee: Mr.J.P.Khaitan, learned Senior Advocate. Mr.M.S.Tiwari,Advocate Mr.R.Tiwari,Advocate The Court : Let the appeal be admitted on the following questions of law as reframed: 1. Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal erred in law in upholding the order of CIT(Appeals) holding that assessees income from warehousing activities to be assessed under the head Income from Business and not under the head Income from House Property ?.2. Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal erred in law in upholding the order of CIT (Appea...


Aug 25 2014

Ranbaxy Laboratories Limited Vs. Ajay Kumar Rathod

Court: Kolkata

Decided on: Aug-25-2014

1 ORDER SHEET APOT No.428 of 2014 GA No.2622 of 2014 Cs No.151 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RANBAXY LABORATORIES LIMITED Versus AJAY KUMAR RATHOD BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 25th August, 2014. Appearance: Mr.Sandip Bhattacharjee with Mr.Bidyut Banerjee, ld. Advocates For the appellant. Mr.Abhrajit Mitra, Sr.Advocate, Mr.Jishnu Chowdhury, Mr.Chayan Gupta, Ld. Advocates for the respondent. The Court :- This appeal is directed against the order dated 18th July, 2014. The appellant herein was the defendant before the learned Single Judge. The admitted facts are, suit for eviction and mesne profit came to be filed. application under So far as the eviction suit, an Chapter XIIIA of the Original Side Rules was filed by the plaintiff. He obtained a decree of eviction. The defendant apparently challenged the same by preferring an appeal. The appeal came to be dismissed. It is also n...


Aug 25 2014

Landt Finance Limited Vs. Apurba Kalita and Another

Court: Kolkata

Decided on: Aug-25-2014

1 ORDER SHEET APOT No.461 of 2014 GA No.2614 of 2014 AP No.1220 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L&T FINANCE LIMITED Versus APURBA KALITA & ANOTHER BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 25th August, 2014. Appearance; Ms.Ahana Sikdar and Mr.S.Saha, ld. Advocates For the appellant. The Court :- Despite service none appears for the respondents. The hypothecated assets could not be located. Hence, the learned Judge discharged the Receiver. Hence, this appeal. The learned Counsel appearing for the appellant now files an affidavit giving details of the whereabouts of the asset. In such event, we set aside the order of discharge and ask the Receiver to take physical possession. The monthly instalments have become due and payable to the extent of Rs.20,01,371/-. Learned Counsel appearing for the appellant, submits if the respondent is not put to terMs.the asset would be in jeopardy. We allow thi...


Aug 25 2014

Commissioner of Income Tax, Kolkatai Vs. M/S. Brahamanand Himghar Ltd.

Court: Kolkata

Decided on: Aug-25-2014

ORDER SHEET GA16022014 ITAT352014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-I Versus M/S.BRAHAMANAND HIMGHAR LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 25th August, 2014. Mr.O.P.Dubey, Adv., for the appellant. The Court respondent assessee. : Despite service, none appears on behalf of the Let the affidavit of service filed in Court be kept on record. This is an appeal under section 260A of the Income Tax Act, 1961 against the order dated November 21, 2013, passed by the Income Tax Appellate Tribunal, B Bench, Kolkata in ITA No.826/Kol/2012 for the assessment year 2005-06. Though the Appellate Tribunal has raised the question in paragraph 3 of the stay application, we see the question to be as follows: Whether section 14A of the Income Tax Act, 1961 cannot be invoked for disallowance of interest on funds borrowed for investment in shares in the event the assessee has not ear...


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