Kolkata Court January 2015 Judgments
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Amit Mallick Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jan-15-2015
ORDER SHEET GA2221of 2014 With WP796of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMIT MALLICK Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 15th January, 2015. Mr.Amitava Das, Adv.Mr.Avirup Chatterjee, Adv.Mr.Ashoke Banerjee, Sr.Adv.Mr.Aloke Ghosh, Adv.Mr.Biswajit Mukherjee, Adv.Mr.Debangshu Mondal, Adv.Mr.Aloke Ghosh, Adv.Mr.Arijit Dey, Adv.The Court: The writ petitioner assails a communication dated July 10, 2013 issued by the Kolkata Municipal Corporation. According to the writ petitioner it enjoys a licence for a private hoarding at premises no.4C, Jatindra Mohan Avenue, Kolkata- 700006. By the impugned communication, the Kolkata Municipal Corporation referring to an order dated January 17, 2013 communicated to the writ petitioner that, the prayer for renewal of licence was not granted. The order dated January 17, 2013 of the Municipal Commissioner has not been communicated to the writ petitioner...
Abhishek Bagaria Vs. Sushila Kr. Bagaria and Ors.
Court: Kolkata
Decided on: Jan-15-2015
ORDER SHEET CS265OF1992IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHISHEK BAGARIA Versus SUSHILA KR. BAGARIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 15th January, 2015. Appearance: Mr.Aniruddha Roy, Adv.Mr.Chyan Gupta, Adv.Mr.Bhupendra Gupta, Adv..for the plaintiff Mr.Amitava Das, Adv.Ms.Rajlakshmi De, Adv..for the defendant no.1 Mr.Saunak Sengupta, Adv.Mr.S.K.Poddar, Adv..for the defendant Nos.2 and 3. The Court: The plaintiff seeks specific performance of a deed of partnership dated April 11, 1973 being Exhibit B in the suit. The plaintiff is the son of late Mohanlal Bagaria. Mohanlal Bagaria and three other persons entered into a deed of partnership dated April 11, 1973. Mohanlal Bagaria had 25 per cent share in such partnership. According to the plaintiff, the deed of partnership provides in Clause 27 thereof that, on the death of any of the partner, the partnership shall not be dissolved but the heirs and legal representatives...
M/S. Satellite Mercantiles Private Ltd. Vs. Cit, Taxii, Kolkata
Court: Kolkata
Decided on: Jan-15-2015
ORDER SHEET GA No.3733 of 2014 ITAT No.194 of 2014 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ( INCOME TAX) ORIGINAL SIDE M/S.SATELLITE MERCANTILES PRIVATE LTD.Versus CIT, TAX-II, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 15th January, 2015. Appearance: Mr.J.P. Khaitan, Sr.Adv.Mr.P.Jhunjhunwala, Adv.Mr.C.S. Das, Adv for the appellant. Ms.Asha G. Gutgutia, Adv For the respondent. The Court : The subject matter of challenge in this appeal at the instance of the assessee is an order dated 30th June, 2014 by which the learned Tribunal dismissed an appeal of the assessee. The facts and circumstances of the case, briefly stated, are that on 31st March, 2008, it is alleged, shares were purchased, on 3rd April, 2008, the delivery was taken and on 7th April, 2008 the shares were sold at a profit of a sum of Rs.66,20,920/-. The assessee claimed the aforesaid income to be a short term capital gain whereas at all the three stages the ...
Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax and Anr.
Court: Kolkata
Decided on: Jan-14-2015
ORDER SHEET WP NO.470 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SIMPLEX INFRASTRUCTURES LTD.Versus COMMISSIONER OF SERVICE TAX & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 14th January, 2015. Mr.J.K.Mittal, Ms.N.Banerjee Palfor petitioner. Mr.K.K. Maityfor respondents. The Court : This writ challenges a show cause notice dated 7th January, 2014. It is issued to the writ petitioner by the Commissioner, Service Tax Commissionarate, Kolkata. By this show cause notice there is a huge demand of service tax upon the petitioner amounting to about Rs.34 crores together with additional cess, H.E.cess, interest and penalty under sections 73[1]., 75 and 78 of the Finance Act, 1994. It appears from the said show cause notice that the computation sheets thereof were prepared on 11th October, 2010. This show cause notice for the period 1st October, 2008 to 31st March, 2010. Mr.Mittal, learned advocate appearing for the writ petitioner challenged this...
Sony Kabushiki Kaisha Vs. Sony Trade Links (India) Pvt. Ltd. and Anr.
Court: Kolkata
Decided on: Jan-14-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.255 of 1994 Sony Kabushiki Kaisha versus Sony Trade Links (India) PVT.LTD.& Anr. For the Plaintiff : Mr.Mainak Bose, Advocate Mr.Sachin Shukla, Advocate For the Defendants : Mr.Rudraman Bhattacharya, Advocate Mr.Kuldip Mallik, Advocate Mr.Swarajeet Dey, Advocate Hearing concluded on : January 08, 2015 Judgment on : January 14, 2015 DEBANGSU BASAK, J. The plaintiff seeks perpetual injunction against the defendants for using the trademark SONY or any other trademark deceptively similar thereto. The plaintiff also seeks perpetual injunction restraining the defendants from passing off their business or goods as the business or goods of the plaintiff. The plaintiff seeks accounts and damages from the defendants. The plaintiff is a manufacturer of electronic goods. It is the registered proprietor of the trademark SONY. The plaintiff claims exclusive right over the...
Shyama Enclave Pvt. Ltd. Vs. Sanjib Kumar Roy and Ors.
Court: Kolkata
Decided on: Jan-14-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.3875 of 2014 CS No.262 of 2001 SHYAMA ENCLAVE PVT.LTD.Versus SANJIB KUMAR ROY & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 14th January, 2015. Mr.Joy Saha, Ms.S.Mukherjee, Mr.A.Jana, Adversus for the plaintiff Mr.Krishnaraj Thaker, Mr.Lokenath Chatterjee, Mr.Binod K. Singh, Mr.S.Purkayastha, Adversus for defendant Nos.2(zii).(zvii).(zviii).(zix) Mr.Aniruddha Poddar, Mr.S.K.Singhi, Mr.Joydeep Guha, Mr.Sumon Roy, Adversus for defendant Nos.2(d).(e).(o).(x) The Court : This is an application for amendment of the plaint taken out by the plaintiff in a suit for specific performance. The application was taken up for hearing on the previous day when it was adjourned to allow the parties to cite authorities in support of their respective stand. The application was taken up for hearing in the second call. Learned counsel for the plaintiff was not equipped with any authorities. She made ...
Lalwani Ferro Alloys Limited Vs. Maheswari Steel Supply and Ors.
Court: Kolkata
Decided on: Jan-14-2015
Form No.J(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Present : The Hon'ble Mr.Justice Banerjee And The Hon'ble Justice Samapti Chatterjee APO No.448 OF2014arising out of CS No.372 OF2012LALWANI FERRO ALLOYS LIMITED versus MAHESWARI STEEL SUPPLY & ORS.For the Appellant : Mr.Jishnu Chowdhury (Advocate) Mr.Soumabha Ghose ( Advocate) Mr.A.Agarwalla (Advocate) For the Respondent : Mr.Sarbapriya Mukherjee (Advocate) Ms.R.Kajaria ( Advocate) Heard on Judgment on : January 9 & 14, 2015 : January 14, 2015 BANERJEE, J.The Court : The order of the learned Single Judge has stopped operation of the bank account. Let the same be lifted for the limited purpose to pay the cost so directed by us on the last occasion. The parties had commercial transactions. The appellant placed order upon the respondents for purchase of goods and paid a sum of Rs.1 crore as and by way of advance. The respondents could not supply the goods in time resulting in claim for refund made by th...
Smt. Suman Bakshi and Ors. Vs. Aradhana Investment Ltd.
Court: Kolkata
Decided on: Jan-14-2015
CS No.250 of 1995 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SMT. SUMAN BAKSHI & ORS.-VersusARADHANA INVESTMENT LTD.Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Kuldeep Mullick, Adv.Ms.Debarshi Dutta, Adv...for the plaintiff. Mr.S.Sarkar, Adv.Mr.S.Bhowmick, Adv.Mr.L.R.Mondal, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 14th January, 2015. The Court : The suit is for specific performance of an agreement dated July 3, 1987, modified on June 25, 1992 and for other reliefs including a relief as to declaration that the plaintiff is the sole and absolute owner of the suit premises. The plaintiff claims that it occupied a portion of a building as a tenant. The defendant approached the plaintiff to vacate the tenanted area and shift to a location provided by the defendant for a specified period of time to facilitate the construction of a new building. The defendant had promised to put the plaintiff back in possession to the tenanted portion...
In Goods of Josephine Diewty Mehra (Dec) Vs. David Mehera Shullai
Court: Kolkata
Decided on: Jan-14-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE GA3746of 2000 GA3070of 2006 PLA229of 1998 IN GOODS OF JOSEPHINE DIEWTY MEHRA (DEC) versus DAVID MEHERA SHULLAI BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 14th January, 2015. Appearance : Mr.S.Dasgupta, Advocate with Mr.S.Majumdar, Advocate for Gloria Mehra Walker. Mr.Sanjib Kumar Mal, Advocate with Mr.Atanu Roychowdhury, Advocate and Mr.Pushan Majumdar, Advocate for Lily Morant The Court : The instant application GA3070of 2006 is for vacation or recalling an order passed by an Honble Single Judge of this Court in GA3746of 2000. There are certain other reliefs prayed for in this application but in couRs.of hearing, learned counsel for the applicant/petitioner confined the prayer for recalling the order passed in GA3746of 2000 only. This proceeding as also GA3746of 2000 arises out of an application for probate, being PLA No.229 of 1998. The subject of that proceeding is the Will of one Jo...
Piyush Poddar Vs. The Commissioner of Income Tax Xvii
Court: Kolkata
Decided on: Jan-14-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE GA No.3801 of 2014 ITAT No.197 of 2014 PIYUSH PODDAR Versus THE COMMISSIONER OF INCOME TAX - XVII BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 14th January, 2015. For Appellant : For Respondent : Mr.N.K. Poddar, Senior Advocate with Mr.V.Tibrewal, Advocate Mr.S.B. Saraf, Advocate The Court : The subject matter of challenge in this appeal is a judgment and order dated 7th August, 2014 by which the learned Tribunal allowed an appeal preferred by the revenue against an order of the CIT(A).By the order, the CIT (A) had reduced the tax liability of the assessee to a sum of Rs.16,36,060/- from the original sum of Rs.6,30,89,413/-. Thus, the relief granted to the assessee was for a sum of Rs.6,14,53,353/-. Aggrieved by the order of the Tribunal, the assessee has come up in appeal. Mr.Poddar, learned Senior Advocate appearing on behalf of the assessee, submitte...
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