Kolkata Court September 2014 Judgments
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Vs. Aqdas Maritime Agency Pvt. Ltd.
Court: Kolkata
Decided on: Sep-17-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT513OF2014GA2958of 2014 GA2931of 2014 WITH AP202of 2014 SREI EQUIPMENT FINANCE LTD.@ SREI EQUIPMENT FINANCE PVT.LTD.Versus AQDAS MARITIME AGENCY PVT.LTD.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 17th September, 2014. Mr.Ratnanko Banerjee, Sr.Advocate Mr.Satarup Banerjee, Sr.Advocate Mr.Raghunath Ghose, Advocate Ms.Arunima Maitra, Advocate for appellant Mr.Pramit Kumar Roy, Sr.Advocate Ms.Nilanjana Adhya, Advocate Mr.Imran Tarafder, Advocate .for respondent The Court :- After having heard learned Counsel for the parties the delay for four days is condoned. Admittedly there is a default. The learned Judge, although recorded a sum of Rs.2.85 crore remaining due as on December 2013, perhaps overlooked the subsequent instalment that became due as submitted by Mr.Ratnanko Banerjee, learned Counsel appearing for the appellant financier. The Learned Judge lifted the order...
Khamkar Transpower (India) Pvt. Ltd. Vs. the Commissioner of Customs ( ...
Court: Kolkata
Decided on: Sep-17-2014
WP No.906 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Khamkar Transpower (India) PVT.LTD.Versus The Commissioner of Customs (Port) & Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date: 17th September 2014 Appearance: Mr.Sudhir Kumar Mehta, Advocate for the petitioner Mr.R.Bharadwaj, Advocate Mr.K.K. Maiti, Advocate for the respondents The Court: According to the writ petitioner, the goods which were imported by them on 16th July 2014 are classifiable under the heading 7204 of the Schedule of the Customs Tariff Act, 1975. They are scrap materials derived from electrical transformeRs.The respondent-authorities identified the goods to be such in their inspection report made on the bill of entry at page 44 of the writ petition. According to the respondent-authorities, in the bill of entry itself, being annexure P4 at page 43 of the writ petition, the writ petitioner had described the goods as siliCo.electrical steel strips/scrap originated from old a...
Sashi Prasad Goenka and ors. Vs. Steelco Syndicate and ors.
Court: Kolkata
Decided on: Sep-16-2014
ORDER SHEET EC No.575 of 2014 With CS No.208 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SASHI PRASAD GOENKA & ORS.Versus STEELCO SYNDICATE & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 16th September, 2014. Appearance: Mr.Joydeep Kar, Sr.Adv.Mr.Ashis Chakraborty, Adv.Mr.Soumabho Ghose, Adv.Mr.S.K.Singhi, Adv.The Court : The plaintiff has filed this application for execution in view of breach of the order passed by the Honble Division Bench dated 31st March, 2014. The judgment debtors have preferred an appeal against the decree in which an order was passed by the Honble Division Bench which reads: There would be stay of operation of the judgment and decree dated October 8, 2013 subject to the appellants paying Rs.2.44 lakhs per month since October 2013 as occupation charges. The appellants are given liberty to pay off the arrears six monthly instalments payable along with the current occupation charges commencing from 2 April 2014. The...
Mumtaz Ahmed Vs. Prime Products Limited
Court: Kolkata
Decided on: Sep-16-2014
In The High Court At Calcutta Civil Appellate Jurisdiction Original Side Present: The Honble Justice Mr.Ashim Kumar Banerjee And The Honble Justice Mr.Arijit Banerjee APO87of 2014 AP87of 2012 Mumtaz Ahmed -Vs.Prime Products Limited For the Appellant : Mr.Jishnu Saha, Sr.Adv.Ms.Sulagna Mukherjee, Adv.For the respondent : Mr.S.P. Sarkar, Sr.Adv.Mr.Tilak Bose, Sr.Adv.Mr.A.K. Awasthi, Adv.Heard On : 1st July, 4th July and 9th July, 2014 CAV On : 9th July, 2014 Judgment On : 16th September, 2014 Arijit Banerjee, J. (1) This is an appeal arising out of a judgment and order dated 3rd, March, 2014 passed by the learned Single Judge in AP No.87 of 2012 whereby the learned Judge dismissed the appellants application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the arbitral award dated 8th November, 2011. (2) By two separate Memoranda of Understanding (in short MOU) both dated 19th April, 1996, the respondent agreed to sale several lots of properties situate in ...
Dewdrops Merchants Pvt. Ltd.Petitioner Vs. Income Tax Officer, Ward1[4 ...
Court: Kolkata
Decided on: Sep-16-2014
ORDER SHEET W.P.No.1280 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DEWDROPS MERCHANTS PVT.LTD.Versus INCOME TAX OFFICER, WARD-1[4]., KOLKATA & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 16th September, 2014. For Petitioner : Mr.Dipak Dey with Mr.Ananda Sen & Mr.Pintu Ghosh, Adversus For Respondents : Ms.Mamta Bhargav, Adv.Orders passed in deserving cases often become flawed for lack of reasons. We do not yet know whether this case is deserving or not, but the order under Section 127(2) of the Income Tax Act, 1961 dated 12th September, 2013 is flawed for lack of reasons. From the submissions made, there is no doubt in my mind that the writ petitioner was heard. It appears that this transfer order was passed for assessment of the writ petitioner in Bhubaneshwar because of the need for centralisation. It is stated in the order that there was a search and seizure operation under Section 132 of the said Act against Gane...
M/S. Arya Bhander Pvt. Ltd. Vs. C. I. T. I, Calcutta
Court: Kolkata
Decided on: Sep-16-2014
ITA No.658 of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax ) M/S.ARYA BHANDER PVT.LTD.Versus C.I.T. - I, CALCUTTA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE DEBANGSU BASAK Date : 16th September, 2014. The Court : The appeal was admitted on the following questions: i. Whether, in respect of fully documented ordinary business transactions with parties over the years mostly paid for by cheques and duly confirmed by them, any disallowance of the business expenditure can be made in an intervening year because of the inability of the assessee to produce the parties in the assessment proceedings for such year?. ii. Whether processing charges paid for the assessment year 1991-92 could be disallowed because of the inability of the assessee to produce the parties in the assessment proceedings particularly when no disallowance was made in the earlier years and for the following assessment year 199293, the Assessing Officer through his Inspector verified th...
Ai Champdany Industrires Ltd. Vs. United India Insurance Co. Ltd.
Court: Kolkata
Decided on: Sep-16-2014
ORDER SHEET EC No.438 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AI CHAMPDANY INDUSTRIRES LTD.Versus UNITED INDIA INSURANCE Co.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 16th September, 2014. Appearance: Mr.Syed E. Huda, Adv.Mr.Shiladitya Bose, Adv.Mr.Supriyo Bose Sr.Adv.Mr.Chandan Kumar Lal, Adv.Mr.Jayanta Kumar Pain, Adv.The Court: The Manager, Canara Bank, Brabourne Road Branch is present in Court. It is submitted by the Manager that the amount was not released in view of a communication received by the said bank from the Advocate-on-Record of the judgment Debtors stating that a review application has been filed before the Honble Division Bench. This Court has passed two several orders and in both the occasions the Manager Canara Bank has failed to act in terms of the order, although there was no order preventing the Manager, Canara Bank from complying with the order passed by this Court. In future the Manager, Canara Bank should ...
Magma Fincorp Limited Vs. Abhajayatri Jena and ors.
Court: Kolkata
Decided on: Sep-16-2014
ORDER SHEET GA No.1793 of 2014 With EC No.342 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus ABHAJAYATRI JENA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 16th September, 2014. Appearance: Mr.Paritosh Sinha, Adv.The Court: In spite of notice the judgment-debtors are not represented. This is an application for recalling of an order dated 22nd March, 2011 by which the execution application was disposed of by recording satisfaction of the decree. The petitioner states that in or about 2011 the petitioner came to learn that the petitioner had been defrauded by the respondent in as much as the vehicle which had been sold to Pranaya Kumar Nayak was not the vehicle which formed the subject matter of the agreement dated 6th December, 2006 and was a different vehicle that had been leased out by the petitioner one Pradeepta Kishore Mahanta. Mr.Pradeepta Kishore Mahanta had taken the vehicle on hire from the petitioner ...
Mangal Builders and Enterprises Limited and anr. Vs. Williamson Magor ...
Court: Kolkata
Decided on: Sep-16-2014
ORDER SHEET GA No.2057 of 2014 CS No.198 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MANGAL BUILDERS AND ENTERPRISES LIMITED & ANR. Versus WILLIAMSON MAGOR & COMPANY LIMITED & ANR . BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 16th September, 2014. Appearance: Mr.Aryak Dutt, Adv.For the plaintiff. Mr.Anunoy Basu, Adv.For the defendant no.1 Mr.Srenik Singhvi, Adv.Ms.S.Ganguli, Adv.Ms.S.Roychowdhury, Adv.For the defendant no.2. The Court :- This is an application at the instance of the defendant no.2. The defendant no.2 prays for dismissal of the suit on the ground that the notice of forfeiture of lease was issued by the plaintiff without the consent of the defendant no.2. Mr.Singhvi submits that it is not in dispute that the defendant no.2 is a co-owner of the property and accordingly without consent no notice could have been issued for forfeiture of the lease. In paragraph 13 of the plaint it is stated that the plaintiff no.1 acting for him...
M/S. Bagaria Udyog Vs. C. I. T., Kolkata Xvi
Court: Kolkata
Decided on: Sep-16-2014
ORDER SHEET ITA No.243 of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.BAGARIA UDYOG Versus C.I.T., KOLKATA - XVI BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE DEBANGSU BASAK Date : 16th September, 2014. Appearance: Ms.Sanjay Bhowmick, Adv.The Court : This appeal was admitted on the following question :Whether the Tribunal was justified in law in rejecting the appellants Miscellaneous application for rectification of the error apparent in the order dated May 28, 2003 and its purported findings in that behalf are arbitrary, unreasonable and perveRs.?. Heard Mr.Bhowmick, learned Advocate for the appellant. It is submitted by Mr.Bhowmick, that the High Court by its judgement dated 17th March, 2011 had set aside the parent order in Bagoria Udyog versus Commissioner of Income-Tax; [2011].334 ITR280(Cal) which was on the following questions :(i)Whether the Tribunal exceeded its jurisdiction in entering upon the question of allowability...
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