Kolkata Court February 2015 Judgments
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Union of India Vs. Manju Guha and Ors.
Court: Kolkata
Decided on: Feb-06-2015
ORDER SHEET GA No.2725 of 2014 GA No.2728 of 2014 WITH AP No.220 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA Versus MANJU GUHA & ORS. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date :6. h February, 2015. Appearance : Mr. Partha Sarathy Bose, Sr. Adv. Mr. Indrajeet Dasgupta, Adv. for the Union of India Mr. Kushal Pane, Adv. for the respondent The Court: GA No.2725 of 2014 is an application for condonation of delay of 2590 days for filing of a restoration application, being G.A. No.2728 of 2014. The restoration application is in respect of a setting aside application which was dismissed for default on 12th July, 2007. It appears that the litigation was handled on behalf of the Executive Engineer, Coochbehar, Central Division II of the Central Public Works Department by the Central Government Advocate at Kolkata. Pursuant to filing of the application for condonation of delay of 2590 days, this Court had earlier observed on 1...
C. I. T. Kolkata Ii Vs. Orient Paper and Industries Ltd.
Court: Kolkata
Decided on: Feb-06-2015
ORDER SHEET ITA NO.700 OF2004IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE C.I.T. KOLKATA - II Versus ORIENT PAPER & INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Honble JUSTICE ARINDAM SINHA Date : 6th February, 2015. MR.R.K.CHOWDHURY, ADVOCATE FOR APPELLANT MR.SIDDHARTH DAS, MR.ASIM CHOUDHURY, ADVOCATES FOR RESPONDENT The Court : The appeal is directed against a judgment and order dated 6th May, 2004 by which the learned Tribunal allowed plantation expenditures as a revenue expenditure following its earlier judgment in the case of the assessee itself. The revenue has come up in appeal. The Assessing Officer disallowed the expenditure for the following reasons; 3.1. The assessee incurred a sum of Rs.14,78,231 on ucalyptus tree plantation. The assessee is a manufacturer of papeRs.The couRs.of manufacture of papers entails pollution by chimncys offluent discharge and use of chemicals. The paper factory is basically based on forest woo...
Jalan Inter Continental Hotels Pvt. Ltd. Vs. Ensemble Infracom Pvt. Lt ...
Court: Kolkata
Decided on: Feb-06-2015
1 ORDER SHEET APO No.480 of 2014 CP No.803 of 2013 OCo.No.9 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE JALAN INTER CONTINENTAL HOTELS PVT.LTD.Versus ENSEMBLE INFRACo.PVT.LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 6th February, 2015. Appearance: Mr.Abhrajit Mitra, Sr.Advocate with Mr.Jishnu Chowdhury, Mr.Satadip Bhattacharjee And Mr.Rajesh Upadhyay, ld. Advocates For the appellant. Mr.Ratnanko Banerjee, Sr.Advocate with Mr.Manas Dasgupta, Ms.Kabita Mukherjuee Ld. Advocates for the respondent. The Court :- This appeal and the crossobjection would relate to an order of refusal to admit a winding up petition, at the same time relegating the parties to suit upon terMs.The appellant is the owner of a hotel at the southern part of Kolkata. While setting up the hotel, they entrusted the job of interior decoration as well as supply of furniture to the respondent. According to the respondent, they supplied goods wo...
Maharshi Commercial Ltd. Vs. Khaitan (India) Ltd.
Court: Kolkata
Decided on: Feb-05-2015
GA No.1439 of 2013 EC No.376 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAHARSHI COMMERCIAL LTD.-VersusKHAITAN (INDIA) LTD.Appearance: Mr.Samit Talukdar, Sr.Adv.Ms.Hashnuhana Chakraborty, Adv...for the petitioner. Mr.Jishnu Chowdhury, Adv.Mr.Rabi Sankar Banerji, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 5th February, 2015. The Court : This is an application at the instance of one Sajjan Khaitan claiming that he is carrying on business from 18, Rabindra Sarani, Kolkata- 700 001. The applicant claims to be a tenant under one Poddar Projects limited in respect of a showroom at the ground floor at 18, Rabindra Sarani, Kolkata-700 001 having an area of 2186 sq.ft. The applicant has annexed documents which are in the nature of rent receipts issued by its landlord Poddar Projects LTD.in order to substantiate that the decree obtained by the plaintiff against the defendant is collusive and the said decree cannot be exec...
Broadway Centre Vs. Kirit Lathia and Ors.
Court: Kolkata
Decided on: Feb-05-2015
ORDER SHEET CS No.188 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BROADWAY CENTRE Versus KIRIT LATHIA & ORS. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :5. h February, 2015. Appearance: Mr. K.Thaker, Adv. Mr. S. Sengupta, Adv. Mr. S.E.Huda, Adv. Mr. A. Bagaria, Adv. Plaintiff. The Court : - None appears for the defendants even in the second call. No accommodation is sought for on their behalf. Learned Counsel for the plaintiff submits that the plaintiff witness had been examined on commission and they have no further witness to adduce evidence. He submits that the suit may be taken up for hearing. In such circumstances, the suit is taken up for hearing. The suit is for eviction and mesne profit. The plaintiff claims that the defendants are trespassers in the suit property. According to the plaintiff, one Khetra Nath Mukherjee was a tenant at suit property. He died leaving behind two heirs and legal representatives. Such heirs and legal ...
M/S.Eastern Coalfields Ltd. Vs. Tarun Mondal and Ors.
Court: Kolkata
Decided on: Feb-05-2015
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 Mrs.Justice SAMAPTI CHATTERJEE APO No.289 of 2014 arising out of WP No.670 of 2013 M/S.EASTERN COALFIELDS LTD.Versus TARUN MONDAL & ORS.For the Appellant : Mr.R.N. Majumder (Advocate) Mr.Bijoy Kumar (Advocate) For the Respondent : Mr.Subrata Ganguli, (Advocate) Heard on : February 4, 2015 Judgment on : February 5, 2015 BANERJEE, J.The Court :-This appeal, although would relate to compensate appointment, would deserve a different look other than what we do while dealing with a case of like nature. The coal mines under the appellantcompany are being manually operated while carrying on mining activities. In the process the workeRs.who would go underground and do the mining activities, would be subjected to various ailments and it is not unlikely they would die untimely. At the same time the coal-company would have to carryout the mining operation ...
Abs Marine Products Pvt. Ltd. Vs. Indian Bank
Court: Kolkata
Decided on: Feb-03-2015
C.S. No.7 of 1995 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ABS Marine Products Pvt. Ltd. Vs. Indian Bank For the Plaintiff : Mr. Mr. Mr. Mr. S.P. Sarkar, Sr. Advocate D. Ghosh, Advocate S. Dasgupta, Advocate A. Basu, Advocate For the Defendant : Mr. Somnath Ganguli, Advocate Mr. Dip Chandra, Advocate Mr. Jayanta Bhattacharya, Advocate Hearing concluded on : January 28, 2015 Judgment on : February 03, 2015 DEBANGSU BASAK, J.The plaintiff seeks to recover damages from the defendant in the suit. The plaintiff was a constituent of the first defendant. The plaintiff had approached the first defendant for credit facilities to set up a project. Prior to the project being approved of, the first defendant had granted ad hoc credit facilities to the plaintiff. The first defendant had considered the project report of the plaintiff and had issued a sanction letter dated December 19, 1991. By the sanction letter dated December 19, 1991 the plaintiff had agreed to sanction ...
Poddar Dewki Ltd. and Anr. Vs. The Kolkata Municipal Corporation and O ...
Court: Kolkata
Decided on: Feb-03-2015
ORDER SHEET WP No.730 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PODDAR DEWKI LTD.& ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 3rd February, 2015. Mr.Mr.Mr.Mr.Partha Sarathi Sengupta, Sr.Adv.Srenik Singhvi, Adv.Sananda Ganguly, Adv.S.Roy, Adv.for the petitioners Mr.Biswajit Mukherjee, Ms.Era Ghosh, Adversus for K.M.C.The Court : The challenge in the writ petition is directed towards the manner in which annual valuation in respect of Premises No.17, Biplabi Trailakya Maharaj Sarani (Assessee No.110450400348) had been done by the Hearing Officer. On behalf of the writ petitioners it is contended that, the annual valuation made by the Hearing Officer impugned in this proceeding is vitiated due to breach of principles of natural justice. It is also contended that, the Hearing Officer had exceeded its jurisdiction in applying methods of valuation which are not provided under Kolkata Municipa...
Amar Nath Roy and Ors. Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Feb-03-2015
ORDER SHEET WP209of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMAR NATH ROY & ORS.Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 3rd February, 2015. Mr.Sakya Sen, Adv.Mr.Sunil Sinhania, Adv.Mr.B.Mukherjee, Adv.Mr.Fazlul Haque, Adv.Mr.S.Panda, Adv.Mr.D.Das, Adv.The Court: The writ petitioners have challenged two hearing notices issued by the Kolkata Municipal Corporation for assessment of the annual valuation with effect from second quarter 2012-2013 and fourth quarter 2010-2011. The writ petitioners contend that, they are the owners of the premises in which there are four tenants. The four tenants are enumerated at page 26 of the writ petition. The writ petitioners contend that, the occupants of the premises have not been heard in fixing the annual valuation of the premises. It is also contended that, the occupiers portion of the tax payable has not Consequently, the writ petitioners to recover the oc...
M/S. Standard Shoe Sole and Mould (India) Ltd. Vs. M/S Essem Chemicals ...
Court: Kolkata
Decided on: Feb-03-2015
CS No.274B of 1996 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S. STANDARD SHOE SOLE & MOULD (INDIA) LTD. Versus M/S ESSEM CHEMICALS INDIA Appearance Mr. Dhruba Ghosh, Adv. Mr. Soumyajit Ghosh, Adv. Ms. Sananda Ganguli, Adv. Mr. Arindam Haldar, Adv. Plaintiff Mr. Vijay Nand Misra, Adv. Mr. Shaunak Mitra, Adv. Defendant BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :3. d February, 2015. The Court : The plaintiff seeks to recover balance of the price of goods sold and delivered by the plaintiff to the defendant. According to the plaintiff, the parties had transactions between them with regard to diverse quality and quantity of chemicals. Primarily, the plaintiff sold such chemicals to the defendant. On occasions, the plaintiff purchased from the defendant also. The mutual arrangement between the parties as claimed in the plaint is that, the plaintiff will raise bills of each consignment along with a bill of exchange. The bills exchange will be neg...
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