Kolkata Court March 2015 Judgments
Shyama Saran Bhalotia and Others Vs. Fortune Enterprises Private Limit ...
Court: Kolkata
Decided on: Mar-31-2015
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Samapti Chatterjee A.P.D.No.138 of 2014 C.S.No.141 of 2009 Shyama Saran Bhalotia and Others versus Fortune Enterprises Private Limited and Others For the Appellant : Mr.Jayanta Kumar Mitra, Senior Advocate Mr.Sarvapriya Mukherjee, Advocate Mr.Aniruddh Poddan, Advocate Ms.Anurag Bagaria, Advocate For the Respondent : Mr.S.N.Mookherjee, Senior Advocate Mr.Ratnanko Banerjee , Advocate Mr.Krishnaraj Thakkan, Advocate Mr.R.Sarkar, Advocate Md.B.Israil, Advocate Heard on : March 2 & 9, 2015. Judgment on : March 31, 2015. ASHIM KUMAR BANERJEE, J. BACKDROP6 Wood Street, Kolkata is an immovable property comprising of two-storied building with an adjoining open space. M/S.Tarini Infrastructure PVT.LTD.was the tenant in respect of the open space, whereas the building was let out to various tenants who would be described hereinafter as Mahe...
Tag this Judgment!M/S Himatsingka Chemicals Private Limited Vs. M/S Dynamic Herbikem Ind ...
Court: Kolkata
Decided on: Mar-31-2015
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Samapti Chatterjee A.P.0. No.4 of 2015 C.P. No.694 of 2014 M/S Himatsingka Chemicals Private Limited Vs. M/S Dynamic Herbikem India Private Limited AND A.P.0. No.5 of 2015 C.P. No.695 of 2014 M/S P.H. Trading Limited Vs. M/S Dynamic Herbikem India Private Limited For the Appellant : Mr. Reetabroto Mitra, Advocate Mr. Supratim Laha, Advocate Ms. Saroj Tulsian, Advocate Ms. Pryanka Keshan, Advocate For the Respondent : Mr. Probal Mukherjee, Senior Advocate Mr. Pradip Kumar Bose, Advocate Ms. Gargi Pattanayak, Advocate Heard on : February 24, 2015 and March 4, 2015. Judgment on : March 31, 2015. ASHIM KUMAR BANERJEE, J.These two appeals would have identical facts and law involved. Hence, we wish to dispose of the said appeals by a common judgment and order. However, when we would refer to the facts that would relate to Himatsingka ...
Tag this Judgment!Shri Krishnapada Chanda Vs. Commissioner of Income Tax Xi
Court: Kolkata
Decided on: Mar-31-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE ITA NO.383 OF2005SHRI KRISHNAPADA CHANDA Versus COMMISSIONER OF INCOME TAX XI BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 31st March, 2015. MR.R.K.BISWAS,ADVOCATE FOR APPELLANT MS.ASHA GUTGUTIA,ADVOCATE FOR RESPONDENT The Court : The subject mater of challenge in this appeal is a judgment and order dated 18th October, 2004 pertaining to assessment year 1999-2000 by which the learned Tribunal allowed the appeal preferred by the revenue setting aside the order passed by C.I.T (Appeals) deleting the penalty imposed upon the assessee. The facts and circumstances of the case briefly stated are as follows; On 6th May, 1998, the assessee borrowed a sum of Rs.1,90,000/- in cash from his brother. It is not in dispute that the sum of Rs.1,90,000/- was withdrawn by the brother of the assessee from his own bank account. After the withdrawal was made, the sum was ma...
Tag this Judgment!Reliance Capital Limited Vs. Mahendra Kumar Raja
Court: Kolkata
Decided on: Mar-31-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC405OF2014RELIANCE CAPITAL LIMITED Versus MAHENDRA KUMAR RAJ.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 31st March, 2015. Mr.Debnath Ghosh, Advocate Mr.Saunak Sengupta, Advocate Mr.Avijit Dey, Advocate .for decree holder Mr.Ranjan Kr. Kali, Advocate .for judgment debtor Mr.Saumen SekharGhosh, Advocate [ in person ].Mr.S.N.Mookherji, Sr.Advocate as Amicus, curie The Court: - A very unhealthy practice has developed to use a mild expression when a litigant in pending matters writes letters directly to the Judge, hearing the matter in an attempt to remove the matter from the list by making scurrilous remarks against the judge concerned. It becomes wORS.when an advocate writes such letters accusing the Judge. In the instant case one Saumen Sekhar Ghosh claiming himself to be an advocate and law publisher has issued a letter to Mr.Avijit Dey, Advocate-onrecord, for the decree holder with a copy addressed to ...
Tag this Judgment!Amar Nath Dutta Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Mar-31-2015
WP No.2253 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMAR NATH DUTTA Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Appearance Mr.Gautam Chakraborty, Adv.Mr.Karna Mukherjee, Adv.Mr.Biswajit Mukherjee , Mr.Swapan Debnath, Mr.Nayan Bihani, Ms.Piyali Sengupta, Adv.Adv.Adv.Adv.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : March 31, 2015. The Court :The writ petitioner seeks withdrawal of the communication dated January 18, 2005 passed by the Corporation authorities. By its communication dated January 18, 2005, the Corporation authorities refused to grant sanction to the building plan on the ground that a defunct drainage exists on the plot concerned. It is contended on behalf of the writ petitioner that he had applied for grant of sanction of a building plan. The writ petitioner had purchased the property from Court auction and had been in possession thereof. It is submitted that the denial of the sanction of plan on the part of the Corporatio...
Tag this Judgment!Anand Kumar Agarwal Vs. Commissioner of Income Taxiv,kolkata
Court: Kolkata
Decided on: Mar-31-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No.76 of 2005 ANAND KUMAR AGARWAL Versus COMMISSIONER OF INCOME TAX-IV,KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 31st March, 2015. Mr.Sanjay Bhowmick, Adv.for the Appellant Md.Nizamuddin, Adv.for the Respondent The Court: The questions suggested by the appellant assailing the order of the Tribunal dated 5th November, 2004 pertaining to the block assessment period 1991-92 to 2001-02 were as follows : (i) Whether the Tribunal was right in law in treating the bottles of liquor, a consumable article, as a 'valuable article or thing by ignoring the meaning of its preceding words money, bullion, jewellery as appeared in Section 132(I)(c ) of the Act ?. (ii) Whether, on the facts and circumstances of the case, the Tribunal was right in law by denying the relief of Rs.2,00,000/- on bottles of liquor granted by the Commissioner of Income Tax (App...
Tag this Judgment!Tarini Financial Advisory Ltd. and Anr. Vs. Krishna Dhar and Anr.
Court: Kolkata
Decided on: Mar-30-2015
ORDER SHEET GA NO.3168 OF2014CS NO.444 OF2013GA NO.3676 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TARINI FINANCIAL ADVISORY LTD.& ANR. Versus KRISHNA DHAR & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 30th March, 2015. MR.SAKYA SEN, MR.A.PODDAR, MR.A.GAGARIA,ADVOCATES FOR PLAINTIFF MD.BARI ISRAIL,ADVOCATE FOR ESSEM ENTERPRISES IN GA NO.3168 OF2014MR.DIPAKAR DHAR, MR.RUDRA DHAR, MR.PALLAB MONDAL, ADVOCATES FOR DEFENDANTS Re: G.A.NO.3168 OF2014The Court : This is an application at the instance of the lessee. The lessee was given liberty to apply in this proceeding. The question of addition of the lessee as a party to the proceeding has been left open. The lessee pursuant to the said leave filed an application taking exception to the report filed by the Special Officer. In the said application the lessee has stated that there is a material inconsistency between the report dated 17th December, 2013 and the filled note prepared in the pres...
Tag this Judgment!Rani Leasing and Finance Ltd. Vs. C.I.T. W.B. – I
Court: Kolkata
Decided on: Mar-30-2015
ORDER SHEET ITA21OF2003IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE RANI LEASING & FINANCE LTD.Versus C.I.T.W.B. I BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 30th March, 2015. For appellant/assessee : Mr.J.P.Khaitan,Sr.Adv.For Respondent/revenue : Mr.S.B.Saraf,Adv.Mr.R.K. Chowdhury, Adv., Mr.Nizamuddin, Adv.The Court: The subject matter of challenge in this appeal is a judgement and order dated 19th August, 2002 by which an appeal preferred by the revenue was allowed by the learned Tribunal. The assessee has come up in appeal. The following question of law was formulated at the time of admission of the appeal. W hether on a proper interpretation of the Hire Purchase Agreement in the case it is a financing transaction and the hire charges received thereunder is interest which is liable to tax under the provisions of Interest Tax Act, 1974?. Mr.Khaitan, learned Senior Advocate appearing for the appellant/ass...
Tag this Judgment!Lmj International Limited Vs. Swiss Singapore Overseas Enterprises Pte ...
Court: Kolkata
Decided on: Mar-27-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present: The Honble Justice Soumen Sen G.A.No.2095 of 2014 C.S.No.262 of 2013 LMJ INTERNATIONAL LIMITED versus SWISS SINGAPORE OVERSEAS ENTERPRISES PTE LIMITED For the Petitioner/Defendant : Mr.Abhrajit Mitra, Sr.Adv., For the Respondent/Plaintiff : Mr.Surojit Nath Mitra, Sr.Adv., Mr.Ratnanko Banerjee, Sr.Adv., Mr.D.N.Sharma Heard On : 24.02.2015, 03.03.2015, 12.03.2015, 17.03.2015, 19.03.2015, Judgment On : 27th March, 2015 Soumen Sen, J.:- The instant application has been filed by the defendant for rejection of plaint and for dismissal of suit. The plaintiff has filed this suit praying, inter alia, for setting aside of a foreign award made in pursuance of an arbitration clause contained in a contract dated 22nd October, 2009. The arbitration clause reads:Clause 15 Arbitration All disputes in connection with this contract or the execution thereof shall be settled amicably by friendly negotiations between ...
Tag this Judgment!Calcutta Dock Labour Board Vs. T. P. Roychowdhury and Co. Pvt. Ltd.
Court: Kolkata
Decided on: Mar-27-2015
ORDER SHEET CS3032005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CALCUTTA DOCK LABOUR BOARD Versus T. P. ROYCHOWDHURY & CO. PVT. LTD. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :27. h March, 2015. Mr. D. Ghosh, Adv., with Mr. A. Mukherjee, Adv. and Mr. A.K. Jena, Adv., for plaintiff. Mr. A. Roy, Adv., with Mr. N. Dasgupta, Adv., and Mr. A. Debsarkar, Adv., for defendant. The Court : The plaintiff seeks to recover a principal sum of Rs.33,07,596.17 from the defendant on the ground that the plaintiff had paid such sum to the defendant by mistake. The plaintiff had collected levies for registered pool as well as monthly workers from the defendant. The dispute in the instant suit relates to wage revision for registered monthly workers. According to the plaintiff the defendant is liable to pay for wage revision for the registered monthly workers the period of January 1, 1998 till August 1, 2000. The plaintiff had allowed the defendant to adjust the...
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