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Kolkata Court February 2015 Judgments

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Feb 19 2015

Virbhan Goel Vs. Hukum Chand Sonar [Kadel]

Court: Kolkata

Decided on: Feb-19-2015

ORDER SHEET EC No.263 of 2011 GA No.3597 of 2011 GA NO.2038 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VIRBHAN GOEL Versus HUKUM CHAND SONAR [KADEL].BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th February, 2015. Appearance: Mr.Utpal Bose, Sr.Adv.Mr.Somnath Saha, Adv.The Court: The petitioner has filed an execution application being EC No.263 of 2011 for enforcement of Clause 6 of the terms of settlement which forms the part of the award. The petitioner states that on the basis of the terms of settlement filed before the sole arbitrator a consent award was passed on 24th February, 2011. It is stated that of the various terms mentioned in the said terms of settlement, the judgment debtor has failed to act in terms of the clause 6 of the said terms of the terms of settlement. Clause 6 of the terms of settlement states: It is specifically agreed between the parties that the Sr.Vir Bhan Goel will be the absolute owner of the 45% of the roof ...


Feb 19 2015

Gloria Mehra Walker and Anr. Vs. David Mehra Shullai

Court: Kolkata

Decided on: Feb-19-2015

IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction Original Side Present : The Honble Justice Aniruddha Bose 19.02.2015 GA3070of 2006 with G.A.555 of 2015 PLA229of 1998 Gloria Mehra Walker & Anr. versus David Mehra Shullai Ms.Gloria Mehera Walker (in person) Mr.Sukanta Ghosh, Advocate for Victor Mehra Mr.Aniruddu Poddar, Advocate for Jain Infra Project Mr.Vionoy Mishra, Advocate for Suranjan Dasgupta Mr.Joydeep Guha, Advocate for HaRs.Sandhu The Court :-GA No.3070 of 2006 was disposed of by this Court on 14th January, 2005. On that date Ms.Gloria Mehra Walker was represented by Mr.Suranjan Dasgupta and Mr.Shyamal Majumdar, who appeared on her behalf. This matter was subsequently mentioned and I was apprised by MRS.Walker that there are certain errors in the order which required correction. Since it was submitted that there are number of errors at the time of mentioning itself I had opined that she should take out an application in that regard. This was a general obse...


Feb 19 2015

Dr. Ranbir Pal Vs. Commissioner of Income Tax Kolkata

Court: Kolkata

Decided on: Feb-19-2015

IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No.277 of 2008 DR. RANBIR PAL -VersusCOMMISSIONER OF INCOME TAX KOLKATA XX ITA No.278 of 2008 DR. RANBIR PAL -VersusCOMMISSIONER OF INCOME TAX KOLKATA XX BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 19th February, 2015. Appearance: Mr.Soumitra Mukherjee, Adv.Mr.Debashis Sinha, Adv.Mr.Arya Das, Adv.Ms.Sharmistha Dhar, Adv...for the appellant. Mr.P.K.Bhowmick, Adv...for the respondent. The Court : The subject-matter of challenge in this appeal is a judgment and order dated 11th January, 2008 by which the learned Income Tax Appellate Tribunal held that the reassessment proceedings under Section 147 with respect to the assessment years 1998-99 and 1999-00 were invalid. The reassessment for the assessment years 2000-01 and 2001-02 were, however, sustained. Aggrieved by this order, the present appeal was preferred by the assessee. Mr.Mukherjee, learned advocate appea...


Feb 18 2015

Rabindra Kumar Bhalotia Vs. Union of India and Ors

Court: Kolkata

Decided on: Feb-18-2015

ORDER SHEET GA No.3659 of 2014 With CS No.407 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RABINDRA KUMAR BHALOTIA Versus UNION OF INDIA & ORS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th February, 2015. Appearance: Mr.Jishnu Saha, Sr.Adv.Mr.Soorjya Ganguli, Adv.Mr.Rishav Banerjee, Adv.Mr.Srinanda Basu, Adv.Mr.L.K.Chatterjee, Sr.Adv.Ms.Aparna Banerjee, Adv.The Court : In this application the petitioner has challenged the order Appellate passed by Authority the on Appellate Authority consideration of the on remand. The representation submitted in terms of the leave granted by this Court had again found the petitioner ineligible for approval as part I vendor. The Appellate Authority found all the four charges proved against the petitioner. The charges are as follows : i) Mis-representation of approval status of Kumar Para unit to RITES and getting the material inspection done at this unit by RITES. ii) Submission of false documents to Zon...


Feb 18 2015

The Peeless General Finance and Investment Co Ltd Vs. The Commissioner ...

Court: Kolkata

Decided on: Feb-18-2015

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No.162 of 2003 With ITA No.163 of 2003 THE PEELESS GENERAL FINANCE & INVESTMENT CO LTD Versus THE Commissioner OF INCOME TAX Kolkata I BEFORE: The Hon'bleble JUSTICE GIRISH CHANDRA GUPTA The Hon'bleble JUSTICE ARINDAM SINHA Date : 18th February, 2015. Mr.S.Bagchi, Adv.with Mr.D.Mitra,Adv.For the Appellant Mr.P.K.Bhowmick, Adv.Ms.S.Das De, Adv.For the Respondent The Court : Both the appeals arise out of a common judgment dated 4th March, 2003 passed by the 3rd member of the Income Tax Appellate Tribunal C Bench, Kolkata dismissing the appeals preferred by the assessee. The assessee has come up in appeal. The assessment years in question were 1985-86 and 1986-87. The following questions were formulated at the time of admission of the appeals. ITA No.162 OF2003i) Whether on the facts and in the circumstances of the case and on a correct interpretation of Sections 80 and 139 of the Income Tax Act...


Feb 18 2015

Lalita Almal (Dec.), Throuh Her Legal Representatives Vs. The State of ...

Court: Kolkata

Decided on: Feb-18-2015

APO No.153 of 2014 GA No.3896 of 2014 WP No.193 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE LALITA ALMAL (DEC.).THROUH HER LEGAL REPRESENTATIVES Versus THE STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 18th February, 2015. For Appellant : Md.Yasin Ali, Advocate Mr.Arijit Bardhan, Advocate For State : Mr.Sadhan Roychowdhury, Sr.Advocate Mr.B.P.Baishya, Advocate For KMC : Mr.Aloke Kumar Ghose, Advocate Mr.S.K.Debnath, Mr.G.C.Das and Mr.D.Mondal, Advocates The Court : The appellants before us are the legal representatives of the writ petitioner who fought the litigation upto Apex Court in the fiRs.round and several rounds of litigation before this Court. So far as erstwhile owner becoming the owner of Premises no.2, Garstin Place, Police Station Hare Street, there is no dispute. Way back in 1965 the FiRs.Land Acquisition Collector of Calcutta requisitioned an area of 1253 s...


Feb 17 2015

Sandip Pyne Vs. Kolkata Municipality Corporation and Ors.

Court: Kolkata

Decided on: Feb-17-2015

ORDER SHEET WP10832014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANDIP PYNE Versus KOLKATA MUNICIPALITY CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th February, 2015. Ms.A.Sinha, Advocate for the petitioner. Mr.P.K.Dutta, Sr.Advocate, with Mr.G.C.Das, Advocate, Mr.D.Mondal, Advocate and Ms.M.Nath, Advocate, for the KMC. Mr.A.Mondal, Advocate, for the State. Mr.A.Banerjee, Advocate with Mr.J.Banerjee, Advocate, for the private respondent. The Court : The writ petitioner seeks remedial measures with regard to illegal and unauthorised construction at premises no.26D, Devendra Mullick Street, Kolkata-700073. The writ petitioner had complained about illegal construction at the said premises. Since the authorities were not taking any steps with regard to that aspect, the present writ petition had been filed. On the writ petition being moved, by an order dated November 27, 2014, this Honble Court directed no further construction to...


Feb 17 2015

Dcm Decometal Gmbh Vs. Rohit Ferro Tech Limited

Court: Kolkata

Decided on: Feb-17-2015

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION IN THE APPEAL FROM ITS CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Samapti Chatterjee APO428OF2014A.P. 194 OF2011DCM DECOMETAL GMBH VS. ROHIT FERRO TECH LIMITED For the Appellant : Mr. Anindya Mitra, Sr. Advocate Mr. Abhrajit Mitra. Sr. Advocate Mr. Soumya Roychowdhury, Advocate Mr. Sandip Dasgupta, Advocate Mr. Ravitej Chillu Muri, Advocate For the Respondents : Mr. S.N. Mookherjee, Sr. Advocate Mr. Tilak Bose, Sr. Advocate Mr. Ratnesh Kr. Rai, Advocate Mr.Anumoy Bose, Advocate Ms. Manali Bose, Advocate Heard On :27. 01.2015, 28.01.2015, 29.01.2015, 30.01.2015, 3.02.2015 & 4.02.2015. Judgment On :17. h February, 2015. Samapti Chatterjee, J.The appellant/petitioner filed the instant appeal assailing the order dated 23.07.2014 passed by the Honble Single Judge in A.P. No.194 of 2011. The facts of the case is that the appellant/petitioner is an Austrian C...


Feb 17 2015

Reliance Capital Limited Vs. Mahendra Kumar Raja

Court: Kolkata

Decided on: Feb-17-2015

ORDER EC No.405 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RELIANCE CAPITAL LIMITED Versus MAHENDRA KUMAR RAJ.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 17th February, 2015. Appearance: Mr.Saunak Sengupta, Adv.Mr.Avijit Dey, Adv.Mr.Ranjan Kr. Kali, Adv.Mr.Saumen Sekhar Ghosh, Adv.Pursuant to the order dated 27th January 2015, one Saumen Sekhar Ghosh claiming to be an Advocate and Law Publisher and the judgment debtor are present in Court. Mr.Saumen Sekhar Ghosh has filed a petition, duly notarized, offering some explanations and justifications in issuing the letter in which certain allegations have been made against this Court. Mr.Ghosh submitted that he has written the letter and he justifies his conduct. In the petition filed today in Court, he has stated that: This Court permissible has in initiated law. This a proceeding Court, despite which is being a not High Court, has no power to take cognizance of contempts of Court and this Cour...


Feb 17 2015

E I H Limited Vs. Commissioner of Income Tax, Kol Iii and Another

Court: Kolkata

Decided on: Feb-17-2015

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA266of 2006 E I H LIMITED Versus COMMISSIONER OF INCOME TAX, KOL III & ANOTHER BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 17th February, 2015. Mr.Sourav Bagaria, Advocate for the appellant Mr.P.K.Bhowmick, Advocate .for the respondent The Court : The subject matter of challenge in this appeal is a judgment and order dated 28th April, 2006 by which the learned Tribunal relying upon the judgment of the Apex Court in the case of Hind Wire Industries LTD.held that the rectification proceedings started by the Assessing Officer were within the period of limitation. It is against this order that the assessee has come up in appeal. A few facts necessary for disposal of the appeal are as follows :Original assessment under Section 143(3) of the Income Tax Act for the assessment year 1993-94 was passed on 22nd March, 1996 allowing deduction of a sum of Rs.12,0...


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