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Kolkata Court September 2014 Judgments

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Sep 24 2014

Kolkata Customs Ministrial Officers Association and anr. Vs. Chief Com ...

Court: Kolkata

Decided on: Sep-24-2014

ORDER SHEET WP No.250 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KOLKATA CUSTOMS MINISTRIAL OFFICERS ASSOCIATION & ANR. Versus CHIEF COMMISSIONER OF CUMSTOMS AND ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th September, 2014. Mr.Samit Talukdar, Sr.Adv.Mr.A.Mitra, Adv.Ms.A.Das, Adv..for the petitioneRs.Mr.Shekhar B. Saraf, Adv..for the respondent nos.1 to 5. Mr.Asit Kr. Banerji, Adv.Mr.S.N.Chatterjee, Adv.Mr.R.P.Motilal, Adv..for the respondent no.6 The Court: The writ petitioner challenges the decision made by the Commissioner of Customs (Airport and Administration) as the Appellate Authority dated December 30, 2013. The petitioner no.1 is an Association of Officers of CustoMs.The petitioner no.2 is the General Secretary of the writ petitioner no.1. The writ petitioner contends that, Officers of Customs exercised option to migrate from the respondent no.6 to the petitioner no.1 in April, 2013. Such applications were forwarded to the...


Sep 24 2014

Kedar Nath Radha Kishan and ors. Vs. Bengal Bonded Warehouse Associati ...

Court: Kolkata

Decided on: Sep-24-2014

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT527OF2014GA3038of 2014 WITH CS833of 1982 KEDAR NATH RADHA KISHAN & ORS.Versus BENGAL BONDED WAREHOUSE ASSOCIATION & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 24th September, 2014. Mr.Ranjan Bachhawat, Sr.Advocate Ms.Sutapa Sanyal, Advocate Mr.Prabhakar Chowdhury, Advocate Mr.A.Basu, Advocate Mr.Abhijit Sarkar, Advocate for appellants Mr.Debdut Mukherjee, Advocate Mr.S.Nigam, Advocate for respondent 1. The Court :- Heard learned Counsel for the appellant. We have gone through the order impugned. The litigation seems to have a chequered career as we know from the records. C.S.833 of 1982 came to be filed by the plaintiff seeking declaration of tenancy and possession of the property against the landlord and otheRs.It so happened, on 28th June, 1999 the suit came to be dismissed for default for non appearance of the plaintiffs. Fortunately it was restored but aga...


Sep 24 2014

United Cycle Co. ors. Vs. Firefox Bikes Pvt. Ltd.

Court: Kolkata

Decided on: Sep-24-2014

GA No.3119 of 2014 CS No.357 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNITED CYCLE Co.ORS.Versus FIREFOX BIKES PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th September, 2014. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Debnath Ghosh, Adv.The Court : Three several cease and desist notices dated 17th July, 2014; 4th August, 2014 and 1st September, 2014 are sought to be challenged in this application on the ground that the defendant is misusing its power and giving groundless threat of initiation of a legal proceeding against the plaintiff without having any just cause and knowing fully well that the mark of the plaintiff is distinctly different from that of the defendant. Mr.Bachawat, learned senior counsel, appearing on behalf of the plaintiff refers to Section 142(2) of the Trademarks Act, 1999 and submits that had there been a genuine cause of action against the plaintiff by the defendant, by this time the defendant would have ...


Sep 24 2014

Dwarkapati Developers Pvt. Ltd. and anr. Vs. Dilip Sonkar and ors.

Court: Kolkata

Decided on: Sep-24-2014

ORDER GA No.2823 of 2014 CS No.74 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DWARKAPATI DEVELOPERS PVT.LTD.& ANR. Versus DILIP SONKAR & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th September 2014. Appearance: Mr.Abhrajit Mitra, Senior Advocate Mr.Sarvapriya Mukherjee, Advocate ...for the petitioneRs.Mr.Ratnanko Banerjee, Senior Advocate Mr.Lokenath Chatterjee, Advocate Mr.R.K. Roy, Advocate ...for the added defendants. Mr.Moloy Ghosh, Senior Advocate Mr.Arindam Mukherjee, Advocate ...for some of the defendants. Mr.Suddhasatva Banerjee, Advocate Mr.Sukrit Mukherjee, Advocate ...for defendant Nos.1, 4 and 6. Mr.Rupak Ghosh, Advocate Mr.Jayanta Sengupta, Advocate Mr.Uttam Kumar Mandal, Advocate ...for defendant No.7. The Court: the Joint This is an application for a direction upon Receivers / Special Officers to receive vacant possession of the room mentioned in paragraph 10 thereof from the respondent Nos.1, 4 and 6. an The respondent No.1 was re...


Sep 24 2014

Bidhan Nirman Pvt. Ltd. Vs. Dutt and Co. Pvt. Ltd. and ors.

Court: Kolkata

Decided on: Sep-24-2014

ORDER SHEET GA No.2530 of 2014 CS No.99 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BIDHAN NIRMAN PVT.LTD.Versus DUTT & Co.PVT.LTD.AND ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th September, 2014. Ms.Lopita Banerjee, Adv.for defendant Nos.2, 3 and 5 to 9 Mr.Pramit Roy, Sr.Adv.appears The Court : The application is for recalling of the judgment and decree dated July 11, 2014. It is submitted on behalf of the defendant Nos.2, 3, 5 to 9 that the defendant No.1, a private limited liability company has been struck off from the register by the Registrar of Companies, West Bengal. The defendant No.4 is dead. The striking of name of the defendant No.1 as well as the death of defendant No.4 are prior to judgment and decree dated July 11, 2014. It is contended that, the applicants before me were prevented by sufficient cause from appearing on the date of hearing of the suit on July 11, 2014. Reference is placed on an order dated December...


Sep 24 2014

M/S. Skyscraper Pvt. Ltd. and anr. Vs. Directorate General of Central ...

Court: Kolkata

Decided on: Sep-24-2014

ORDER SHEET W.P.No.831 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.SKYSCRAPER PVT.LTD.& ANR. Versus DIRECTORATE GENERAL OF CENTRAL EXCISE INTELLIGENCE, KOLKATA ZONAL UNIT &ORS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 24th September, 2014. Mr.Hirak Kr.Mitra, Sr.Advocate Mr.B.Mukherjee, Ms.Anupa Banerjee, Mr.M.K. Seal, Advocates for petitioneRs.Mr.R.Bhardwaj, Mr.Subir Kr. Saha, Advocates. For respondent nos.1 & 2. Mr.S.B. Sharaf, Mr.Subir Kr. Saha, Advocates for respondent no.3. The Court : This writ application is admitted. The admitted service tax dues of the petitioner company is Rs.3.45 crores. Mr.Mitra, learned Senior Advocate appearing for the petitioners proposes to pay off this amount in instalments. This suggestion is in principle accepted by the Court but its working has to be monitored. As suggested by learned Counsel, let a sum of Rs.25 lakhs be paid by the petitioners to the respondent authorities by 29th September, 2014. Upo...


Sep 24 2014

. Vs. Kolkata Municipal Corporation and ors.

Court: Kolkata

Decided on: Sep-24-2014

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.846 of 2014 LINDSAY DEVELOPERS PRIVATE LIMITED & ANR . Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 24th September, 2014. Appearance: Mr.Joy Saha with Mr.D.Singha and Ms.Arpita Saha, Advocates Mr.B.Mukherjee with Mr.D.Mondal, Advocates Ms.Aparna Ghosh, Advocate The Court : This writ challenges an assessment order dated 14th November, 2002. By this assessment, the valuation of the subject premises has been increased from Rs.60,000/- annual valuation to Rs.8,00,000/- annual valuation. According to Mr.Saha, learned advocate, for the petitioner, this assessment order was misplaced in the office of the municipal corporation. Two writs had to be filed to get a copy of the said order, recently. Mr.Saha challenged the increased valuation on several grounds. Two of the most important grounds were those arising from Sections 180(2) and 174(2) of the Calcutta ...


Sep 24 2014

Bimal Dey Vs. the State of West Bengal and Others

Court: Kolkata

Decided on: Sep-24-2014

WP No.857 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BIMAL DEY Versus THE STATE OF WEST BENGAL & OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 24th September, 2014. Appearance: Mr.Biswajit Mukherjee, Advocate Mr.C.R.Das, Advocate for the petitioner Mr.Amber Nath Banerjee, Advocate Mr.Gopal Chandra Das, Advocate Mr.Debangshu Mondal, Advocate for Kolkata Municipal Corporation Mr.Debdut Mukherjee, Advocate for the State Mr.Subrata Goswami, Advocate for respondent No.3 The Court: The premises involved are 31/1A and 31/1B Nayan Chand Dutta Street, Kolkata 700 006. The writ application is filed by a constituted attorney with a power to sue on behalf of the donor of the power. On 10th January, 2013 there was a demolition order issued by the Kolkata Municipal Corporation with regard to a part of that building which was stated to be dangerous. I am told today that this part has been demolished in compliance with that order. Mr.Mukherjee, learned ...


Sep 24 2014

State of West Bengal and ors Vs. Rashmi Metaliks Limited and anr

Court: Kolkata

Decided on: Sep-24-2014

Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Chief Justice MRS.Manjula Chellur And The Honble Justice Ashim Kumar Banerjee A.P.O.No.265 of 2014 G.A.No.2499 of 2014 State of West Bengal & Ors versus Rashmi Metaliks Limited & Anr For State of West Bengal : Mr.Partho Sarathi SenGupta, Senior Advocate Mr.Paritosh Sinha, Advocate Mr.Arindam Mondal, Advocate For the Respondents : Mr.Suddhosatya Banerjee, Advocate Mr.Arif Ali, Advocate Mr.Aritra Basu, Advocate Mr.P.K.Srivastava, Advocate Heard on : August 29, September 2, 4 & 15, 2014 Judgment on : September 24, 2014. ASHIM KUMAR BANERJEE, J. : Moot question involved in this appeal would relate to two clauses incorporated in the tender condition being Clause 3(h) and (i) which are extracted as under: h) A declaration in the form of an affidavit on a non-judicial stamp paper of Rs.10/-, duly affirmed before a Notary public/1st Class Magistrate should be submitted as per format give...


Sep 24 2014

Bhabi Properties Pvt. Ltd. Vs. the Income Tax Officer Ward3

Court: Kolkata

Decided on: Sep-24-2014

ORDER SHEET ITA100OF2006IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE BHABI PROPERTIES PVT.LTD.Versus THE INCOME TAX OFFICER WARD-3 BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 24th September, 2014. For appellant : Mr.J.P.Khaitan,Senior Advocate For respondent : Md.Nizamuddin, Advocate. The Court : The appeal was admitted on the following questions : 1. Whether the use of the word acquires appearing in Section 27(iii) (b) of the Income-Tax Act, 1961 which was introduced with effect from 1st April, 1988 relates to prospective transactions, or to be more specific, the rights which have been acquired on or after the relevant date of insertion of the provision that is 1st April, 1988 ?.2. Whether income of a company whose main business is inter alia to acquire properties on lease and let them out for profit should fall under the heading Income fkrom House property or should fall under the heading income from profits and g...


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