Kolkata Court February 2015 Judgments
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Dina Nath Parolia and Another Vs. Bhartia Steel and Engineering Co. Pr ...
Court: Kolkata
Decided on: Feb-03-2015
1 ORDER SHEET GA No.273 of 2015 GA No.274 of 2015 APDT No.1 of 2015 EOS No.58 of 1987 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DINA NATH PAROLIA & ANOTHER Versus BHARTIA STEEL & ENGINEERING Co.PRIVATE LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 3rd February, 2015. Appearance: Mr.Malay Ghsoh, Sr.Advocate with Mr.Saumyen Datta, Mr.Pinaki Brata Ghosh And Mr.A.Dutta,ld. Advocates for the appellant. Mr.Arindam Mukherjee and Mr.S.K. Awasthi Ld. Advocates for the respondent. The Court :- This appeal is delayed by 15 days. Causes shown being sufficient, delay is condoned and the appeal is taken on record. In earlier 70s the respondent handed over a running rolling mill business to the appellants on lease in exchange of a monthly rent of Rs.2000/-. The lease expired by efflux of time in 1980. The appellants did not vacate. Hence, the respondent filed a suit before the Howrah Court and then got it transferred to this Cour...
M/S. Shaw Wallace and Co.Ltd Vs. Commissioner of Income Tax, Centrali, ...
Court: Kolkata
Decided on: Feb-03-2015
ORDER SHEET ITA29OF2003IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.SHAW WALLACE & CO.LTD Versus COMMISSIONER OF INCOME TAX, CENTRAL-I,KOL BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 3RD FEBRUARY, 2015. For appellant : Ms.Anupa Banerjee,Advocate Mr.Amitava Mitra,Advocate Ms.Dolon Dasgupta,Advocate For respondent/revenue : Md.Nizamuddin,Advocate The Court : When the appeal was admitted, the following question was framed. Whether the appellant is entitled to deduction as a trading loss in respect of the advance of Rs.2.00 Crores given for purchase of merchandise which became irrecoverable in kind or cash and the purported findings of the Tribunal that the transaction was a loan or was not an advance given in the normal couRs.of business and disallowing the said loss have been arrived at by ignoring the relevant materials and/or by taking into consideration irrelevant and/or extraneous materials and/or are ...
Randhir Singh Bhutoria and Anr. Vs. Food Corporation of India
Court: Kolkata
Decided on: Feb-02-2015
C.S. No.261 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Randhir Singh Bhutoria & Anr. Vs. Food Corporation of India For the Plaintiffs : Mr. Sakya Sen, Advocate Mr. Touseef Khan, Advocate Mr. C.K. Saha, Advocate For the Defendant : Mr. Supriyo Basu, Sr. Advocate Mr. Kamal Kr. Chatterjee, Advocate Mr. P.K. Banerjee, Advocate Hearing concluded on : January 27, 2015 Judgment on : February 02, 2015 DEBANGSU BASAK, J.The plaintiffs seek to recover arrears of rent from the defendant in this suit along with interest. The plaintiffs are trustees of Chandmal Religious Trust. The plaintiffs being attracted by an advertisement for construction of godowns for the purpose of storage of foodgrains and fertilizers and grant of lease in respect thereof issued by the defendant, submitted quotations offering their land at Alamgunj, Burdwan. The defendant accepted such offer. Two lease agreements were entered into between the Trust and the defendant one on November 12, 1976...
Rameshwar Das Vs. The Union of India and Ors.
Court: Kolkata
Decided on: Feb-02-2015
W.P.No.2065 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Rameshwar Das versus The Union of India & ORS.For the Petitioner : Mr.Mr.Mr.Mr.Mr.Shyamal Sarkar, Sr.Advocate R.A.Agarwal, Advocate Kumar Gupta, Advocate R.K.Gupta, Advocate Ramesh Dhara, Advocate For the Respondents : Mr.Animesh Kanti Ghosal, Sr.Advocate Mr.Syed Nasirul Hossain, Advocate Hearing concluded on Judgment on : January 06, 2015 : February 02, 2015 DEBANGSU BASAK, J.:- The writ petitioner challenges the imposition of punitive charges by the railway authorities. Mr.Shyamal Sarkar, learned Senior Advocate for the writ petitioner contends that, the writ petitioner used the Indian Railways to transport goods under five several railway receipts in the months of July and August 2005. Those consignments were released in the months of July and August 2005 at the destination station without weighment in the presence of the writ petitioner. The railway authorities raised demands for puniti...
G. M. Foods and Another Vs. Income Tax and Wealth Tax Settlement Commi ...
Court: Kolkata
Decided on: Feb-02-2015
ORDER SHEET WP NO.44 OF2015IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE G.M.FOODS & ANOTHER Versus INCOME TAX & WEALTH TAX SETTLEMENT COMMISSIONER BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 2nd February, 2015. Mr.S.Pal, senior advocate, Ms.M.Agarwal, Mr.B.Manotappear. Ms.S.Das DeappeaRs.The Court : The order of the Income Tax Settlement Commission Principal Bench dated 12th November, 2014 has to be set aside. The consequential order passed by the Settlement Commission [Income Tax & Wealth Tax].Additional Bench, 10C, Middleton Row, 2nd Floor, Kolkata-700 071 on 30th December, 2014 following the said order is also set aside. The proceeding before the Principal Bench of the Settlement Commission was under section 245 [6B].of the Income Tax Act, 1961. The Commission has committed a very serious error. It is also in gross breach of judicial discipline. I will now recount the reasons. Before the Commission, the judgment of Brij Lal & ORS.versus Commissione...
Eastern Coalfields Ltd. Vs. Shri Sanjib Bhuia and Ors.
Court: Kolkata
Decided on: Feb-02-2015
APO437of 2012 W.P.No.2234 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side EASTERN COALFIELDS LTD.Versus SHRI SANJIB BHUIA & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 2nd February, 2015. For the Appellant : For the Respondent/writ Petitioner : THE COURT as well as : learned Mr.Mr.Mr.Mr.Alok Banerjee with Partha Basu, Susanta Pal and Nikhil Roy, Advocates Mr.Subrata Ganguly, Advocate Heard learned counsel for appellant counsel for the respondent-writ petitioner. This appeal is directed against the order dated 510-2012 wherein the writ petition was allowed directing the appellant-employer to give immediate appointment in favour of the writ petitioner-respondent. The facts leading to filing of the writ petition are as under : Father of the writ petitioner who was in service under the appellant died on 12-11-1006. According to the writ petitioner-respondent, an application came to be made in 1997 see...
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