Kolkata Court March 2015 Judgments
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Ananda Mohan College and Ors. Vs. Subhas Ray Chowdhuri and Ors.
Court: Kolkata
Decided on: Mar-12-2015
ORDER SHEET APO4792014 WP11382008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ANANDA MOHAN COLLEGE & ORS.Versus SUBHAS RAY CHOWDHURI & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 12th March, 2015. Mr.Ashis Sanyal, Advocate Mr.K.K.Chakraborty, Advocate for the appellant. Mr.Arindam Banerjee, Advocate Mr.Joy Banerjee, Advocate for the respondent. The Court : The incident is no doubt unfortunate. It is not expected from the faculty members of a college of repute. The faculty members are quite learned. The accused and the complainant both are highly qualified. Yet, they would involve themselves in an unpleasant incident on more than one occasion. The genesis of the dispute would relate back to the early part of the year 200203. Ayantika Ghosh, a Bengali Professor of the college made a complaint to the authority to the effect, the respondent no.1 being a Professor in Commerce Stream unduly used the names of other facult...
Sahujain Charitable Society and Anr. Vs. The Kolkata Municipal Corpora ...
Court: Kolkata
Decided on: Mar-12-2015
WP No.1021 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAHUJAIN CHARITABLE SOCIETY & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Appearance Mr.Samit Talukdar, Sr.Adv.Mr.S.S.Banerjee, Adv.Mr.P.K.Jhunjhunwala, Adv.MRS.Alpana Chowdhury, Adv.Mr.Ashok Kr. Banerjee, Sr.Mr.Biswajit Mukherjee, Ms.R.Sen, Ms.P.Sengupta, Adv.Adv.Adv.Adv.Mr.J.K.Mitra, Ld. Advocate General Mr.P.K.Dutta, Sr.Adv.Mr.Samrat Sen, Sr.Adv.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : March 12, 2015. The Court : This is a second writ petition at the behest of the writ petitioners relating to annual valuation of the basement, 11th, part of 12th and 13th to 16th floors of premises No.8, Camac Street, Kolkata with effect from 4th quarter of 1984-85, 4th quarter of 1990-91, 4th quarter of 1996-97 and 4th quarter of 1999-2000. In couRs.of hearing today, two points were canvassed on behalf of the writ petitioneRs.The fiRs.is the challenge to the vires to second proviso of Sect...
Ghanshyam Sarda Vs. N. Kumaraswamy
Court: Kolkata
Decided on: Mar-11-2015
GA No.3286 of 2014 CS No.378 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Ghanshyam Sarda Versus N. Kumaraswamy Before: The Hon'ble Justice I.P.MUKERJ.Date: 11th March 2015 Appearance: Mr.Promit Kr. Ray, Sr.Advocate Mr.Aditya Kanoria, Advocate Mr.Niloy Sengupta, Advocate for the petitioner Mr.Ratnanko Banerjee, Sr.Advocate Mr.Shounak Mitra, Advocate Mr.Tarun Aich, Advocate for the respondent The Court: Mr.Mitra, learned advocate appearing for the defendant takes a very interesting point. He submits that the ex parte order of injunction dated 18th February 2015 should be immediately vacated. He does not go into the merits of the case. His grounds are purely technical. He contends that the requirements of provisos (a) and (b) of Rule 3 of Order XXXIX have not been complied with by the plaintiff. Rule 3 is in the following terMs.3. The court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, ...
C.I.T Kolkata Ii Vs. Pilani Investment and Industries
Court: Kolkata
Decided on: Mar-11-2015
ORDER SHEET ITA3132005 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(income tax) ORIGINAL SIDE C.I.T KOLKATA II Versus PILANI INVESTMENT & INDUSTRIES BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 11th March, 2015. Ms.S.Das Dey, Adv.for appellant. Mr.S.Das, Adv., with Mr.A.Chowdhury, Adv.for respondent. The Court : The subject matter of challenge in this appeal is a judgment and order dated 28th February, 2005, by which the learned Tribunal held that interest earned from debentures and bonds are not exigible to interest tax. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal. The questions proposed by the revenue are as follows: (I) Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that interest tax is not leviable on interest on bonds and debentures?. (II) Whether in view of clear instruction No.1923 dated 14.3.1995 of the CBDT and the provisions of section 2(7) wh...
Maheswar Pramanick and Ors. Vs. Chabi Rani Sadhukhan and Ors.
Court: Kolkata
Decided on: Mar-09-2015
G.A.No.319 of 2015 C.S.No.84 of 1977 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Maheswar Pramanick & ORS.versus Chabi Rani Sadhukhan & ORS.For the Plaintiffs : Mr.Pradip Kr. Ghosh, Sr.Advocate Mr.R.Mitra, Advocate For the Defendants : Mr.S.Chowdhury, Advocate Mr.R.Dutta, Advocate Hearing Concluded on : March 04, 2015 Judgment on : March 09, 2015 DEBANGSU BASAK, J. In a suit for eviction and for mesne profit I had passed a decree for eviction on May 26, 2014 and had appointed a Special Referee for the purpose of computation of mesne profits. The Special Officer has submitted his report dated December 30, 2014 computing the mesne profits receivable by the plaintiffs from the defendants. The present application is at the behest of the defendant Nos.1b and 7 taking exception to the report dated December 30, 2014 of the Special Referee. Learned Senior Advocate for the defendant Nos.1b and 7 submits that, the Special Referee has proceeded to compute mesne profits on t...
Dalhousie Institute and Anr. Vs. Kolkata Municipal Corporation and Ors ...
Court: Kolkata
Decided on: Mar-09-2015
W.P.No.1469 of 2003 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Dalhousie Institute & Anr. versus Kolkata Municipal Corporation & ORS.For the Petitioners : Mr.Abhrajit Mitra, Sr.Advocate Mr.S.Ray, Advocate Mr.C.Gupta, Advocate For the Respondents : Mr.A.K.Ghosh, Advocate Mr.D.K.Chatterjee, Advocate Hearing concluded on Judgment on : February 26, 2015 : March 09, 2015 DEBANGSU BASAK, J.:- Is a private members club obliged to obtain permission from and pay amusement fees under Section 422 of the Kolkata Municipal Corporation Act, 1980 and whether the premises of a private members club is a place of public amusement within the meaning of Section 422 of the Kolkata Municipal Corporation Act, 1980 and, therefore, falls for consideration in the present writ petition. The fiRs.writ petitioner is a club registered under the Societies Registration Act, 1961. It claims to be a private members club and not open to outsideRs.having stringent admission policies. It ...
Arnab Chatterjee Vs. The Commissioner of Police and Others
Court: Kolkata
Decided on: Mar-09-2015
WP No.86 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ARNAB CHATTERJEE Versus THE COMMISSIONER OF POLICE AND OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 9th March, 2015. Appearance: Mr.Kashi Kanta Maitra, Senior Advocate Mr.Gunjan Shah, Advocate Mr.Baidurya Ghosal, Advocate Mr.Kumar Jyoti Tewari, Advocate Mr.Tarun Jyoti Tewari, Advocate Mr.Mr.Mr.Mr.Subrata Roy Karmakar, Advocate Nanigopal Chakraborty, Advocate Arindam Banerjee, Advocate Avisek Banerjee, Advocate Mr.L.K.Gupta, Addl. Advocate General Mr.Sadhan Roy Chowdhury, Advocate Mr.Sakya Sen, Advocate The Court: The writ petitioner and his brother Arpan claim to be joint tenants. They and the fifth respondent claim to be tenants of more or less the same area comprising of one shop-room on the ground floor of premises No.10/1A Kalakar Street, Police Station Posta, Barabazar, Kolkata 700 007. The sixth respondent is the landlord. The writ petitioner and Arpan claim a tenancy of twenty-...
Dulchand Omprakash Vs. Dhirendro Mullick and Ors.
Court: Kolkata
Decided on: Mar-09-2015
C.S. No.738 of 1987 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Dulchand Omprakash Vs. Dhirendro Mullick & Ors. For the Plaintiff : Mr. Mr. Mr. Mr. Abhrajit Mitra, Sr. Advocate Suman Dutta, Advocate Satadeep Bhattacharya, Advocate Surajit Biswas, Advocate For the Defendant Nos. 3, 6 & 7 : Mr. Aniruddha Mitra, Advocate Mr. Aiman Abdullah, Advocate Mr. Ram Chandra Banerjee, Advocate For the Defendant No.5 : Mr. P.C. Pal Chowdhury, Advocate Mr. D.N. Mukherjee, Advocate Hearing concluded on : January 30, 2015 Judgment on : March 09, 2015 DEBANGSU BASAK, J.The plaintiff seeks specific performance of an agreement dated September 1, 1982 claimed to be modified on July 30, 1984 against the defendants. According to the plaintiff, the defendant nos. 1, 2 and 3 are the trustees of a trust known as Trust Estate Jitendro Mullick. The trustees had entered into an agreement in writing on September 1, 1982 with the defendant No.4 for lease of premises No.7A, Kiran Sankar Roy Roa...
Food Corporation of India Vs. M/S. Prokash Road Lines Corporation
Court: Kolkata
Decided on: Mar-09-2015
GA No.493 of 2015 AP No.17 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE FOOD CORPORATION OF INDIA Versus M/S.PROKASH ROAD LINES CORPORATION BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 9th March, 2015. Appearance: Mr.P.S. Bose, Sr.Adv.Mr.Prabir Kr. Choudhuri, Adv..for the petitioner Mr.Rohit Das, Adv.Mr.Gaurav Talukdar, Adv..for the respondent The Court : This is an application taken out by the respondent in connection with a section 34 application. In this application, the respondent is essentially seeking dismissal of the section 34 application on the preliminary point of delay on the part of the petitioner in filing the section 34 application within the timeframe as stipulated under sub-section (3) of section 34 of the Arbitration and Conciliation Act, 1996, including its proviso. Perusing the records, this Court notices that on 4th April, 2011, the earlier Bench had given directions for filing of affidavits in respect of the main...
Commissioner of Income Tax, Kolkataiv, Kolkata Vs. M/S. Carbon Corpora ...
Court: Kolkata
Decided on: Mar-09-2015
ITA No.650 of 2004 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-IV, KOLKATA VERSUS M/S.CARBON CORPORATION LTD.B E F O R E: The Honble Justice GIRISH CHANDRA GUPTA And The Honble Justice ARINDAM SINHA Dated: the 9th March, 2015. Appearance: Mr.M.P.Agarwal, Adv.For the Appellant. Mr.Somak Basu, Adv.For the Respondent. The Court: The subject matter of challenge in this appeal is a judgement and order dated March 10, 2004 passed by the learned Income Tax Appellate Tribunal. Aggrieved by the order, the Revenue has come up in appeal. The following two questions have been suggested by the appellant: i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal erred in deleting the disallowance of Rs.1,54,245, being presentation articles, under Rule 6B of the Income-tax Rules, 1962. ii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct...
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