Kolkata Court September 2014 Judgments
international Society for Krishna Consciousness Vs. Ishwari Prasad Sin ...
Court: Kolkata
Decided on: Sep-29-2014
ORDER SHEET APDT No.5 of 2014 GA No.3206 of 2014 CS No.927 of 1982 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS Versus ISHWARI PRASAD SINGH ROY BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 29th September, 2014. Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.Debasis Banerjee and Mr.K.Bhattacharjee Ld. Advocates for the appellant. Mr.Arijit Chowdhury, Sr.Advocate with Mr.Kousik Mondal ld. Advocates for the respondent. The Court :- Mr.Arijit Chowdhury, learned senior Advocate appears for respondent no.1 being instructed by Mr.Mondal. Mr.Mondal waives service of notice of appeal upon the respondent no.1. The appellant is directed to cause service upon the rest of the respondents. The number appellant of informal is directed paper to books file requisite incorporating all papers and documents used before the learned Single Judge within a period of 3 weeks after Puja Vacation. As soo...
Tag this Judgment!Prateek Didwania and ors Vs. Cesc Ltd and ors
Court: Kolkata
Decided on: Sep-29-2014
ORDER SHEET WP NO.946 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRATEEK DIDWANIA & ORS Versus CESC LTD & ORS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 29th September, 2014. Mr.S.Sen, Mr.R.Dutta, Ms.I.Bosefor petitioneRs.Mr.Om Narayan Rai, Mr.J.B. Panda, Mr.R.Duttafor respondents. The Court : Leave is granted to the advocate on record for the petitioners to file an affidavit of service in couRs.of today. Mr.Sen submits that the landlord has been served. None appears on his behalf. CESC LTD.is represented by learned counsel. The writ petitioner is a tenant in a premises. He was provided with electricity supply from a source outside the premises. Due to restrictions imposed during the festival period this supply can no longer be drawn from that source. CESC LTD.has disconnected supply of electricity to the writ petitioners from the outside source but has no problem in granting him connection from the transformer. Meanwhile, a more permanent so...
Tag this Judgment!The Statesman Ltd.Petitioner Vs. Mgf Development Ltd. and anr.Responde ...
Court: Kolkata
Decided on: Sep-29-2014
ORDER SHEET A.P.No.1511 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE STATESMAN LTD.Versus MGF DEVELOPMENT LTD.& ANR. Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 29th September, 2014. For Petitioner : Mr.Anindya Kr. Mitra, Sr.Adv.with Mr.Sarvopriya Mukherjee & Ms.Amrita Pandey, Adversus None appears for the respondents. Mr.Mitra, learned senior advocate, assures the court that the respondents have received copies of the petition. An affidavit of service is on record. This is an application under Section 9 of the Arbitration and Conciliation Act, 1996. It is by the lessor, The Statesman LTD.Under their lease with the respondents, the latter were required to make substantial additions and alterations to the building at premises No.4, Chowringhee Square, Kolkata 700 001. The lessees, it is submitted, have terminated the lease and left the premises. At the moment the petitioner asks for an order of appointment of an e...
Tag this Judgment!Debashis Moulik Vs. Assistant Commissioner of Income Tax, Circle37, Ko ...
Court: Kolkata
Decided on: Sep-29-2014
W.P.No.1174 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Debashis Moulik versus Assistant Commissioner of Income Tax, Circle-37, Kolkata Appearance: Mr.R.N.Dutta, Adv., Ms.Sutapa Roychoudhury, Adv.for the petitioner Ms.Mamta Bhargav, Adv..for the Respondent Heard On: - 18.09.2014 Judgement On: - 29.09.2014 I.P.MUKERJI, J. Sections 147 and 148 of the Income Tax Act, 1961 and the judgment of the Honble Supreme Court of India in GKN Driveshafts (India) LTD.versus Income Tax Officer reported in (2003) 259 ITR19(SC) are involved in this case. In the above case the highest Court opined, in the form of a clarification, that when a notice under Section 148 of the said Act was issued, the proper couRs.of action for the assessee was to file a return and if he so desired to seek reasons for issuing the notice. The Assessing Officer was bound to furnish reasons within a reasonable time to which the assessee had the right to file objections. The Assessing Off...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-29-2014
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION PRESENT : THE HONBLE JUSTICE PATHERYA C.P.No.661 of 2013 NET4COMMUNICATIONS INDIA LTD.AND TATA CAPITAL FINANCIAL SERVICES LTD.For the Petitioner : Mr.Tilok Bose, Ms.Ranjbati Sen, Mr.Saubhik Chowdhury, Mr.Paritosh Sinha, Mr.Debayan Ghosh. For the Company : Mr.Abharajit Mitra, Mr.Jishnu Chowdhury, Mr.Deepnath Roychowdhury, Mr.Aditya Garodia. Heard on : 17.07.2014, 21.07.2014, 31.07.2014 & 1.08.2014. Judgement on : 29th September, 2014. PATHERYA, J. : In this winding up petition the petitioning creditor is claiming sums on account of rentals payable by the company to it. The case of the petitioning creditor is that the company entered into a Master Lease Agreement with Leasing IQ (I) Private Limited (Leasing IQ).Under the said agreement equipments were given on rent by Leasing IQ to the company. Payment was to be made as per rental schedule. Subsequently, the petitioning creditor purchased the receivables arising out of the rental equipm...
Tag this Judgment!Fortune Investors and Traders Limited and ors. Vs. Punjab National Ban ...
Court: Kolkata
Decided on: Sep-29-2014
C.S. No.202 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Fortune Investors & Traders Limited & Ors. Vs. Punjab National Bank Appearance: Mr. Abhrajit Mitra,Sr.Adv., Mr. Jishnu Chowdhury, Sr. Adv., Mr. S.Roy Chowdhury, Adv., Mr.Soumabho Ghosh, Adv., Ms. Radhika Singh .. for the Plaintiff Nos. 1 to 3 Mr. Satadeep Bhattacharya, Adv., Mr. S. Biswas, Adv., Mr. A.K. Roy, Adv. for the Plaintiff No.2 Mr. Joy Saha, Adv., Mr. Sourav Mukherjee, Adv., Mr. Shekhar B. Saraf, Adv., Mr. G,N. Jagodia, Ad. ... for the Defendant Judgement On: - 29.09.2014 I.P. MUKERJI, J.By a document dated 25th October, 1990, claimed to be a lease, the plaintiffs, being the joint undivided owners of premises No.44 Park Street, Kolkata- 700016 ( hereinafter referred to as the said premises.) purported to demise 7241 square feet on the ground and mezzanine floors of it to the defendant for 21years commencing from 10th July, 1990. Admittedly the document is unregistered and appea...
Tag this Judgment!Asiatic Oxygen Limited Vs. the Deputy Commissioner of Income Tax,
Court: Kolkata
Decided on: Sep-29-2014
W.P.No.25 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Asiatic Oxygen Limited versus The Deputy Commissioner of Income Tax, Circle-4, Kolkata & Anr. Appearance: Mr.R.N.Bajoria Sr.Advocate, Mr.R.K.Bhardwaj, Adv., Akhilesh Gupta, Adv..Advocates for the petitioner Ms.Smita Das Dey ..Advocate for the Respondent Heard On: - 18.09.2014 Judgement On: - 29.09.2014 I.P.MUKERJI, J. This writ asks for orders for quashing the notice under Section 148 of the Income Tax Act, 1961 dated 05th February, 2013 and the notices dated 12th December, 2013 issued in pursuance thereof under Sections 142 (1) and 143 (2) of the said Act. Assessment of the writ petitioners case for the assessment year 2006-2007 was sought to be reopened. The reasons accompanied a letter dated 25th November, 2013 of the department. The reasons advanced were as follows:- Information has been received from Director of Income Tax (I & CI).Chennai that the assessee company has received compensat...
Tag this Judgment!Vs. Louis Dreyfus Armatures Sas and ors.…………………… R
Court: Kolkata
Decided on: Sep-29-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen G.A.1997 of 2014 CS No.220 of 2014 The Board of Trustees of the Port of Kolkata.Petitioner Versus Louis Dreyfus Armatures SAS & Ors. Respondents For the Petitioner : Mr.Abhrajit Mitra, Sr.Adv.Mr.Anirban Roy Mr.Soumavo Ghoshe For the Respondent No.1 : For Union of India Heard on Mr.Saurabh Gupta Mr.K.K.Pandey Mr.Aparna Banerjee Ms.Manisha Gupta Mr.Sayon Ganguly Mr.Sudipto Sarkar, Sr.Adv.Mr.Jishnu Saha, Sr.Adv.: Dipanjan Dutta : 11.08.2014, 29.08.2014. 03.09.2014, 05.09.2014, 10.09.2014, 22.09.2014 Judgment on : 29.09.2014 Soumen Sen, J:- The initiation of proceeding under the arbitration rules of the United Nations Commission on International Trade Law, 1976 by a French National being the respondent no.1 on the basis of a Bilateral Treaty Agreement (hereinafter referred to as BIT) between the Government of India and the Government of France on the Reciprocal Promotion...
Tag this Judgment!Ashok Choudhury Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-26-2014
ORDER SHEET WP903of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASHOK CHOUDHURY Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 26th September, 2014. Mr.Manoj Malhotra, Adv..for the State. Mr.S.N.Mukherjee, Adv.The Court: The grievance of the writ petitioner is that, it is an application for grant of permit on the Inter State Route between Siliguri to Chhapra, has not been considered by the Secretary, State Transport Authority, West Bengal. His application is dated June 20, 2014. The writ petitioner seeks a direction on the Secretary, State Transport Authority, West Bengal, to consider and dispose of his application dated June 20, 2014, in accordance with law. Considering that, the application is pending and has not been disposed of, it would be in the interest of justice to issue directions as prayed for. The Secretary, State Transport Authority, West Bengal, will consider and dispose of the application dated Ju...
Tag this Judgment!Kingfisher Airlines Ltd and ors. Vs. Union of India and ors.
Court: Kolkata
Decided on: Sep-26-2014
ORDER SHEET WP No.942 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KINGFISHER AIRLINES LTD & ORS.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 26th September, 2014. Appearance: Mr.Sudipto Sarkar, Sr.Adv.Mr.Siddhartha Mitra, Sr.Adv.Ms.Mousumi Bhattacharya, Adv.Mr.Hirak Kumar Mitra, Sr.Adv.Mr.Rishab Medora, Adv.Mr.P Garai, Adv.Mr.P.Basu Choudhury, Adv..for the respondent nos.2 to 8. The Court: The writ petition challenges a declaration of willful defaulter made by United Bank of India against the writ petitioners by an order of the Grievance Redresal Committee of United Bank of India dated September 1, 2014. The writ petitioners also seek declaration that, the Reserve Bank of India Masters Circular regarding wilful defaulters be declared invalid and ultra vires. Mr.Sudipto Sarkar, learned senior Advocate for the writ petitioners submits on instructions that, the writ petitioners do not wish to proceed against the res...
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