Kolkata Court January 2015 Judgments
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Vs. E. Piyarellal Import and Export Limited
Court: Kolkata
Decided on: Jan-22-2015
EC No.311 of 2013 With EC No.312 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Bunge London Limited Vs.E.Piyarellal Import and Export Limited Appearance Mr.Jishnu SahaSr.Adv., Mr.Sanjay Ginodia.Adv., Mr.Debnath Ghosh.Adv.for petitioneRs.Mr.Jayanta Banerjee ...Adv., Mr.Koushik Chatterjee..Adv.for the judgment debtor. Heard On:- 06th January, 2015 Judgement On: - 22nd January, 2015 I.P.MUKERJI, J. EC No.311 of 2013 In an execution application to enforce a foreign arbitral award dated 23rd February, 2013, in favour of the petitioner, the judgement debtor has taken various points to challenge this award under Part-II chapter-I of the Arbitration and Conciliation Act, 1996. The award is of the Refined Sugar Association 154, Bishopsgate London made and published by its Chairman. The alleged contract was entered into between the parties on 21st December, 2010. The petitioner was the seller and the judgement debtor, the buyer. The opening words of the...
Vs. R. Piyarellal Import and Export Limited
Court: Kolkata
Decided on: Jan-22-2015
EC No.311 of 2013 With EC No.312 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Bunge London Limited Vs.R.Piyarellal Import and Export Limited Appearance Mr.Jishnu SahaSr.Adv., Mr.Sanjay Ginodia.Adv., Mr.Debnath Ghosh.Adv.for petitioneRs.Mr.Jayanta Banerjee ...Adv., Mr.Koushik Chatterjee..Adv.for the judgment debtor. th Heard On:- 06 January, 2015 Judgement On: - 22nd January, 2015 I.P.MUKERJI, J. EC No.311 of 2013 In an execution application to enforce a foreign arbitral award dated 23rd February, 2013, in favour of the petitioner, the judgement debtor has taken various points to challenge this award under Part-II chapter-I of the Arbitration and Conciliation Act, 1996. The award is of the Refined Sugar Association 154, Bishopsgate London made and published by its Chairman. The alleged contract was entered into between the parties on 21st December, 2010. The petitioner was the seller and the judgement debtor, the buyer. The opening words of th...
M/S. Flender Ltd. Vs. Commissioner of Income Tax
Court: Kolkata
Decided on: Jan-20-2015
ORDER SHEET ITA No.266 of 2003 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.FLENDER LTD.Versus COMMISSIONER OF INCOME TAX BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 20th January, 2015. Appearance : Mr.Ananda Sen, Adv. for the Appellant Mr.P.K. Bhowmik, Adv. for the Respondent The Court : The subject matter of challenge in this appeal is a judgement and order dated 9th June, 2003 passed by the learned Income Tax Appellate Tribunal in connection with the assessment year 1994-95. The Assessing Officer disallowed payment of a sum of Rs.3,25,591/- on account of commission. It is not in dispute that payment of more than Rs.10,00,000/- on account of commission was allowed by the Assessing Officer. The disallowance was restricted to a sum of Rs.3,25,591/- allegedly paid to M/S.Techno-Fab. The assessee approached the C.I.T.(Appeals) and the appeal was allowed. The aggrieved revenue preferred an appeal before the...
Saregama India Limited Vs. Whackedout Media Pvt. Ltd. and Anr.
Court: Kolkata
Decided on: Jan-19-2015
ORDER SHEET GA No.112 of 2015 GA No.3903 of 2014 CS No.426 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAREGAMA INDIA LIMITED Versus WHACKEDOUT MEDIA PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 19th January, 2015 Mr.Ranjan Bachawat, Sr.Adv.with Mr.Debnath Ghosh, Adv.Mr.Soumya Chowdhury, Adv.Mr.Goutam Banerjee, Adv.Ms.Nandini Khaitan, Adv..for the plaintiff Mr.Tilak Bose, Sr.Adv.with Mr.Subharish Sengupta, Adv.Mr.Gourav Khaitan, Adv.Mr.Piyush Changia, Adv.Ms.Pritha Bera, Adv..for the defendant no.1 Mr.Rudraman Bhattacharya, Adv.with Mr.Phiroze Edulyi, Adv.Mr.Prithwiraj Sinha, Adv..for the defendant no.2 The defendant no.1 has filed an application for vacating of an ex parte order passed on 22nd December, 2014. The main argument for vacating of the interim order is that the plaintiff has not approached this Court with clean hands and suppressed material documents, which would have a bearing on merits of the issue. It is submitt...
Bidhan Nirman Pvt. Ltd. Vs. Dutt and Co.Pvt.Ltd.
Court: Kolkata
Decided on: Jan-19-2015
ORDER SHEET SHEET NO.1 CS No.99 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction IN THE MATTER OF: BIDHAN NIRMAN PVT.LTD.Versus DUTT & CO.PVT.LTD.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 19th January, 2015. Appearance: Mr.Promit Kr. Roy, Sr.Advocate, Mr.Arik Banerjee, Advocate with Mr.Avirup Mondal, Advocate..for the Plaintiff. Mr.Ratnanko Banerjee, Sr.Advocate, Ms.Lopita Banerjee, Advocate with Ms.Amrita Pandey, Advocate..for the Defendants. The Court :-The suit is for eviction and recovery of arrears of rent and mesne profit. By the judgement and decree dated July 11, 2014, I decreed eviction of the defendants from the suit property. I had also appointed a learned Special Referee for the purpose of quantifying the quantum of mesne profit recoverable. The learned Special Referee held meeting in accordance with the said judgement and decree. The learned Special Referee has filed his report dated November 18, 2014. The judgement and decree dated July 1...
Iic Container Line Ltd. Vs. Trans Asian Shipping Services (P) Ltd.
Court: Kolkata
Decided on: Jan-19-2015
ORDER SHEET APO2432014 CP1502014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IIC CONTAINER LINE LTD.Versus TRANS ASIAN SHIPPING SERVICES (P) LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 19th January, 2015. Mr.Ramesh Kumar Chowdhury, Advocate for the appellant. Ms.Manju Bhuteria, Advocate Ms.Arpita Saha, Advocate Mrs.Atasi Sarkar, Advocate for the respondent. The Court : This appeal would arise out of an order admitting the windingup petition allowing a claim on account of container charges and other incidental expenses that the appellant failed to pay to the respondent. The facts would depict, the respondent was the owner of containers that carried goods by sea on behalf of the appellant. The appellant was the shipper and/or agent of shipper. Fact remains, the cargo arrived at Mumbai Port on August 15, 2010. However, the appellant failed to discharge the cargo and hand over the empty container to the respondent resu...
Rajat Fiscal Services Pvt.Ltd. and Anr. Vs. The Oriental Bank of Comme ...
Court: Kolkata
Decided on: Jan-19-2015
APO488of 2014 W.P.769 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side RAJAT FISCAL SERVICES PVT.LTD.& ANR. Versus THE ORIENTAL BANK OF COMMERCE & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date : January 19, 2015. For the Appellants : Mr.Arindam Banerjee, Ms.Arpita Saha, Mr.Sushil Kr. Sewah and Mr.Asish Mukherjee, Advocates For the Respondents : Md.Nasiruddin, Mr.M.Rahman, Mr.Abid Jamal & Ms.Pratima Roy Chowdhury, Advocates THE COURT: Heard learned counsel for appellants as well as the respondents. We have gone through the judgment of learned single Judge and also the valuation report. The entire controveRs.seems to be with regard to what actually would constitute super built-up area in the property in question. The admitted facts in the present case are respondent bank brought certain properties for sale by invited notice from the dated 17.7.2012. buyers who Sealed intended to tenders purchase were...
Md. Nasim Akhtar Vs. Union of India and Ors.
Court: Kolkata
Decided on: Jan-19-2015
ORDER SHEET AP No.1855 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Md.NASIM AKHTAR Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 19th January, 2015. Appearance : Mr.Swatarup Banerjee, Adv.Mr.S.K.Tiwari, Adv.for the petitioner Ms.Aparna Banerjee, Adv.for the Union of India The Court : This is an application under section 34 of the Arbitration and Conciliation Act, 1996, challenging an award dated 29th September, 2014, passed by an arbitral tribunal comprising of a sole arbitrator. Initially, the petitioner had approached the City Civil Court at Calcutta but was advised to withdraw the section 34 application in order to file the same before this Court. Consequently, that section 34 application was dismissed for non-prosecution at the instance of the petitioner and the present application was filed before this Court. A question that comes up for consideration is whether the award, which carries a value of Rs....
Itc Limited Vs. Chowringhee Residency Private Limited
Court: Kolkata
Decided on: Jan-16-2015
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present : THE HONBLE JUSTICE I.P.MUKERJ.G.A.No.2428 of 2013 C.S.No.285 of 2013 ITC Limited versus Chowringhee Residency Private Limited For the plaintiff/petitioner:- Mr.Ahin Choudhury; senior Adv.Mr.Samit Talukdar; senior Adv.Mr.Sakya Sen; Adv.Ms.Sudeshna Bagchi; Adv.Ms.Hasnuhana Chakroborty; Adv.Ms.DebaSr.Dutta; Adv.For the defendants/respondents:Mr.Ram Jethmalani; senior Adv.Mr.S.N.Mookherjee; senior Adv.Mr.S.N.Mitra; senior adv Mr.Ratnanko Banerjee; senior Adv.Mr.Sanjiv Kumar Trivedi; Adv.Mr.Debanjan Mandal; Adv.Mr.Arindam Banerjee; senior Adv.Mr.Biswajit Kumar; Adv.Ms.Shruti Swaika; Adv.Judgment on:- I.P.MUKERJI, J. 16TH JANUARY, 2015 This suit is concerned with easementary rights. It relates to the exercise of an alleged right to obtain uninterrupted ancient light to a building, by ITC Ltd., the plaintiff, and its owner, against Chowringhee Residency Private Limited, the defendant. The plaintiff, is ...
Commissioner of Income Tax, Kolkatai Vs. The Peerless General Finance ...
Court: Kolkata
Decided on: Jan-16-2015
ORDER SHEET G.A.No.222 of 2014 ITAT NO.16 OF2014ITA No.28 of 2014 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-I Versus THE PEERLESS GENERAL FINANCE & INVESTMENT Co.LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 16th January, 2015. For Appellant/Petitioner : Mr.P.K.Bhowmik,Advocate For Respondent : Mr.J.P.Khaitan,Sr.Advocate Mr.S.Basu,Advocate The Court : When the appeal was admitted the following questions of law were framed : 1. Whether on the facts and circumstances of the case the Learned Tribunal is justified in law in holding that the Assessing Officer has no jurisdiction to exercise the power of rectification under section 154 of the Income Tax Act, 1961 ?.2. Whether on the facts and circumstances of the case, the Learned Tribunal was justified in law by not holding that Section 244A of the Income Tax Act, 1961 provides for interest on refunds under various conting...
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