Kolkata Court September 2014 Judgments
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Hindusthan Motors Ltd. Vs. National Insurance Co. Ltd.
Court: Kolkata
Decided on: Sep-25-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S. No.799 of 1979 Hindusthan Motors Ltd. Vs. National Insurance Co. Ltd. For the Plaintiff : Mr. Mr. Mr. Mr. Dhruba Ghosh, Advocate Arindam Mukherjee, Advocate Jeevan Ballav Panda, Advocate Rishav Dutta, Advocate For the Defendant : Mr. Mr. Mr. Mr. Pradip Kumar Ghosh, Sr. Advocate S.K. Das, Advocate Abhijit Gangopadhyay, Advocate Sarathi Dasgupta, Advocate Hearing concluded on : July 03, 2014 Judgment on : September 25, 2014 DEBANGSU BASAK, J.The suit is for recovery of money on account of damages suffered by the plaintiff in respect of the incidents claimed to be covered under policies of insurance issued by the Defendant Nos. 1 and 2. There are 6 defendants in the suit. The claim of the plaintiff is against the Defendant Nos. 1 and 2. The plaintiff does not seek to any relief against the other defendants. The plaintiff claims to be a manufacturer of motor vehic...
Tara Properties Pvt. Ltd. Vs. Arcl Organics Ltd.
Court: Kolkata
Decided on: Sep-25-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.82 of 1986 E.O.S.No.6 of 1987 Tara Properties PVT.LTD.versus ARCL Organics LTD.For the Plaintiff : Mr.Saugata Chatterjee, Advocate For the Defendant : Mr.Pradip Kr. Dutta, Sr.Advocate Mr.Rajarshi Dutta, Advocate Mr.Sandip Kr. Dutta, Advocate Ms.Shyanti Dutta, Advocate Hearing concluded on : July 10, 2014 Judgment on : September 25, 2014 DEBANGSU BASAK, J.:- Two suits between the same parties are taken up together for hearing. The plaintiff filed a suit for eviction before the learned City Civil Court at Calcutta being Title Suit No.1583 of 1981. The plaintiff also filed a suit claiming money decree on account of mesne-profits being Suit No.82 of 1986 before this Court. The suit being Title Suit No.1583 of 1981 was transferred to this Honble Court under Clause 13 of the Letters Patent, 1865 and was renumbered as EOS No.6 of 1987. In the fiRs.suit being E.O.S....
M/S.Shivarpan Engineering Pvt. Ltd. Vs. Santosh Sen and ors.
Court: Kolkata
Decided on: Sep-25-2014
ORDER SHEET APOT5472014 GA31102014 CS902011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.SHIVARPAN ENGINEERING PVT.LTD.Versus SANTOSH SEN & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 25th September, 2014. Mr.Ranjan Deb, Senior Advocate Mr.Anubhav Sinha, Advocate for the appellant. Mr.Raj Ratna Sen, Advocate Mr.Reetobroto Mitra, Advocate for the respondent. The Court : The prayer for filing of the written statement was rejected. Hence, this appeal at the instance of the defendant. The suit was filed in 2011 whereas the application for extension was made in 2013. The learned Judge was perhaps not satisfied with the conduct of the defendant that would be ex facie apparent from the judgment and order impugned. Mr.Raj Ratna Sen, learned Counsel appearing for the plaintiffs, would also support the judgment and order by saying that the conduct of the appellant is deplorable. Even if we give full credence to wha...
Commissioner of Ioncome Tax, Kolx Vs. the Seller
Court: Kolkata
Decided on: Sep-25-2014
ORDER SHEET ITA319of 2005 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF IONCOME TAX, KOL-X Versus THE SELLER BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 25th September, 2014. Appearance : Mr.R.K.Chowdhury, Advocate for appellant. The Court : This appeal has been preferred by the Revenue under section 260A of the Income Tax Act, 1961 against the order dated 10th March, 2005 passed by the learned Income Tax Appellate Tribunal, Kolkata in I.T.A.No.1447/Kol/2004 for the assessment year 1998-99 on the following question: Whether in the facts and circumstances of the case the Learned Income Tax Appellate Tribunal erred in allowing deduction of the partners remuneration as per the provision under Section 40(b)(v) of the Income Tax Act, 1961 ?. Heard Mr.Chowdhury, learned advocate for the appellant. The learned Tribunal affirming the order of the learned CIT(A) had held as under : I have carefully considered ...
Roma Bhagat. Vs. Nopany and Sons Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Sep-24-2014
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE A.P.O.No.214 of 2014 WITH C.S.No.3 of 2009 Roma Bhagat. Versus Nopany & Sons PVT.LTD.& Anr. BEFORE: The Honble CHIEF JUSTICE DR. MANJULA CHELLUR The Honble JUSTICE ASHIM KUMAR BANERJEE Heard on: 04.08.2014. Delivered on: September 24, 2014. For the Appellant:- Mr.Utpal Bose, Ms.Sutapa Sanyal, Mr.C.M.Ghorawat. For the Respondents:- Mr.Ranjan Deb, Mr.Ashis Chakraborty, Mr.Ravi Kapoor, Ms.K.Banerjee. Dr. Manjula Chellur, Chief Justice : This appeal is filed by defendant/tenant aggrieved by judgment dated 25.3.2010. Suit was filed for eviction of the defendant from suit schedule property. C.A.N.979/2013 was filed for judgment and decree on admissions of defendant/tenant in affidavit-in-opposition in G.A.114/2009. In the schedule to the plaint, the suit property is described as A Schedule property consisting of partly three storied, partly two storied and partly one storied together without houses being demarcated majo...
Swabhumi Infratech Pvt. Ltd. Vs. Ramel Sea Foods Ltd.
Court: Kolkata
Decided on: Sep-24-2014
AP No.1127 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWABHUMI INFRATECH PVT.LTD.Versus RAMEL SEA FOODS LTD.Appearance: Mr.Niladri Khanra, Adv.with Mr.S.Ghosh, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 24th September, 2014. The Court:-The petitioner made several unsuccessful attempts to serve the respondent. Ultimately, this Court by its order dated 25th August, 2014 directed the petitioner to effect substituted service. An affidavit of service indicating such substituted service be kept on record. This Arbitration and is an application under section 11(6) of the Conciliation Act, 1996. The respondent remains unrepresented despite substituted service. The petitioner and the respondent appear to be governed by an arbitration agreement as contained under clause 14 of an agreement dated 27th February, 2012 entered by and between respondent on the other. the petitioner on one hand and the The arbitration cl...
Smt. Purabi De and ors. Vs. Aloke Kumar Dutta and ors.
Court: Kolkata
Decided on: Sep-24-2014
ORDER GA No.1817 of 2014 CS No.413 of 1999 GA No.1818 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SMT. PURABI DE & ORS.Versus ALOKE KUMAR DUTTA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th September 2014. Appearance: Ms.P.Das, Advocate Mr.K.K. Baral, Advocate ...for the petitioneRs.Mr.Raibat Banerjee, Advocate ...for defendant Nos.1 to 7 & 16(a) to (d).Mr.Gautam Chakraborty (Junior).Advocate ...Commissioner of Partition. The Court: Dr. Ashok Nain has been appointed as Valuer to value the three properties out of the four properties. In respect of one of the properties, the Valuer has filed a report. Gautam Chakraborty (Junior).who has been appointed Mr.as Commissioner of Partition in the suit, submits that the Valuer is likely to conclude valuation of the remaining two properties shortly. All the reports of the Valuer shall be filed and circulated amongst the parties. The Commissioner of Partition shall hold a meeting of the parties and take ex...
Rabindra Kumar Bhalotia Vs. Union of India and ors.
Court: Kolkata
Decided on: Sep-24-2014
TA No.139 of 2014 CS No.337 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RABINDRA KUMAR BHALOTIA Versus UNION OF INDIA & ORS.BEFORE: The Honble Justice Soumen Sen Date:24.09.2014 Appearance: Mr.Sudipto Sarkar, Sr.Adv.Mr.S.N.Mukherjee, Sr.Adv.Mr.J.Saha. Sr.Adv.Mr.J.Ganguly, Adv.Mr.L.K.Chatterjee, Sr.Adv.Ms.Aparma Banerjee Soumen Sen, J.:- The petitioner is a manufacturer of pig iron (medium Phosphoric Iron Break Block).The said break block is an essential safety item needed by the Indian Railways. The petitioner claims to have been supplying such material to Indian Railways for the last 12 yeaRs.Since the said iron medium Phosphoric Iron Break Block are safety items the petitioner was required to get himself registered as a vendor and obtain approval from the research designs and standard organization (hereinafter referred to as RDSO).The petitioner complaints that he has been unnecessarily victimized by the railways. It is alleged that the Ra...
Smt. Arati Addy and ors. Vs. Namita Das and ors.
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET GA No.2775 of 2013 EOS No.32 of 1987 IN THE HIGH COURT AT CALCUTTA Extra-ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. ARATI ADDY & ORS.Versus NAMITA DAS & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th September, 2014. Mr.Rajarshee Dutta, Adv.for the applicant Mr.Amritam Mondal, Mr.Meghnad Dutta, Adversus for defendant No.3 The Court : The application is on behalf of the defendant Nos.21A, 22, 23A, 23B, 24, 25 and 26 in a suit for partition for direction upon the receiver to put up the property described in Schedules F and H for sale by public auction. The application is opposed by the defendant No.3. The defendant No.3 relies upon the judgment and order of the Honble Supreme Court dated February 26, 2013 where the Honble Supreme Court had directed partition by metes and bounds in favour of the defendant No.3 in respect of nine properties involved in the suit. It is submitted on behalf of the defendant No.3 that, similar direction should be passed so ...
Great Ocean Enterprise S. A. Vs. the Owners and Parties Interested in ...
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET GA No.3246 of 2011 GA No.1256 of 2011 GA No.1874 of 2011 GA No.3154 of 2012 With AS No.5 of 2010 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE GREAT OCEAN ENTERPRISE S.A.Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V."DEVI GLORY-1. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 24th September, 2014. Appearance:Mr.Jishnu Chowdhury, Adv.Mr.Rupak Ghosh, Adv., Mr.D.Basu, Adv..for the plaintiffs. Mr.Amitesh Banerjee, Adv.Mr.Somraj Mukherjee, Adv.with Mr.Sudhakar Prasad ..for the crew membeRs.Mr.Tilok Bose, Sr.Advocate. With Mr.Swatarup Banerjee, Adv..for the defendant. Md.L.Haque, Adv..for added defendant. Mr.Vipul Kundalia, Adv..for the Paradeep Port Trust. Mr.Dipak Deb, Advocate appeaRs.The Court:-Let the Terms of Settlement filed on behalf of the plaintiff and the defendants in respect of the instant Admiralty Suit be taken on record. Having regard to the contents of the Terms of Settlement, this Court directs the Joint Special Officers...
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