Kolkata Court March 2015 Judgments
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Commissioner of Incometax, Kolkataii Vs. Century Enka Ltd.
Court: Kolkata
Decided on: Mar-09-2015
ORDER SHEET ITA No.384 of 2009 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE COMMISSIONER OF INCOME-TAX, KOLKATA-II Versus CENTURY ENKA LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 9th March, 2015. Appearance: Mr.Ranjan Sinha, Adv..for the appellant. Mr.J.P.Khaitan Sr.Adv.Mr.S.Das, Adv..for the respondent. The Court: The subject matter of challenge in this case is a judgment and order dated 10th July, 2009 by which the learned Tribunal agreeing with the CIT (Appeal) held that there was no concealment of income. Facts of the case briefly stated are that the assessee had made a provision on account of depreciation and benefit thereof was claimed in the matter of taxation under Section 115JB. The Assessing Officer issued a notice as to why the claim for the provision should not be disallowed. the assessee the claim proceeding was started. was disallowed. It is on that After hearing basis the penalty The learn...
Veerprabhu Marketing Ltd. and Anr. Vs. Kotak Mahindra Bank Ltd. and Or ...
Court: Kolkata
Decided on: Mar-09-2015
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA747OF2015WITH APOT84of 2015 CS233of 2014 VEERPRABHU MARKETING LTD.& ANR. Versus KOTAK MAHINDRA BANK LTD.& ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 9th March, 2015. Mr.Abhrajit Mitra, Sr.Advocate Mr.Aniruddha Roy, Advocate Mr.Nirmalya Dasgupta, Advocate Mr.Shaunak Sengupta, Advocate Mr.S.Nigam, Advocate .for appellants Mr.A.K.Gandhi, Advocate Mr.S.Sarkar,Advocate ..for respondent 1. Mr.S.N.Mitra, Sr.Advocate Mr.Ratnanko Banerjee, Sr.Advocate Mr.Shyamal Sarkar, Advocate Mr.N.Mishra, Advocate Mr.Sankarshan Sarkar, Advocate for respondents 2 to 7. The Court :- This appeal is directed against an interim order dated 20.02.2015 in GA2098of 2014 in C.S.233 of 2014. The respondents No.2 to 7 herein are the plaintiffs in the said suit. The entire dispute is with regard to return of documents pertaining to properties belonging to M/S.LMJ International LTD.& MIS LM...
Khadim India Ltd. Vs. Lifestyle International Private Ltd.
Court: Kolkata
Decided on: Mar-06-2015
1 G.A.409 of 2015 C.S.28 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Khadim India LTD.versus Lifestyle International Private LTD.Before: The Honble Justice Soumen Sen Date: 6th March, 2015 Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Ranjan Bachawat, Advocate Mr.Sayantan Basu, Advocate Mr.P.Sinha, Advocate Mr.A.Chander, Advocate For the petitioner/plaintiff Mr.S.N.Mukherjee, Sr.Advocate Mr.Ratnanko Banerjee, Sr.Advocate Mr.Saunak Moitra, Advocate Mr.Aditya Kanaria, Advocate For the respondent/petitioner The Court:- The plaintiff is a manufacturer of shoes. The defendant has a division under the name and style Max which deals with fashionable clothing accessories and footwear in India. This is an interim application filed by the plaintiff/ petitioner in aid of the above suit complaining of infringement of the trade mark PRO. The facts stated in the petition are summarized below. The plaintiff has been manufacturing, about three hundred va...
S. v. S. Marwari Hospital Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Mar-04-2015
In The High Court At Calcutta Civil Appellate Jurisdiction Original Side APO119of 2008 WP2392of 2001 S.V.S. Marwari Hospital -Vs.State of West Bengal & ORS.Before : The Honble Chief Justice Manjula Chellur The Honble Justice Joymalya Bagchi The Honble Justice Arijit Banerjee For the appellant : Mr.Prasanta Kr. Banerji, Adv.For Respondent No.3 : Mr.Diptendu Majumder, Adv.Mr.Niranjan Ganguly, Adv.Mr.S.K. Ghose, Adv.Mr.Dipak Kr. Mukherjee, Adv.For the State : Mr.Partha Bhanja Chowdhury, Adv.Mr.Rani Kr. Dubey, Adv.Heard On : 3rd December, 2014 & 14th January, 2015 Judgment On : 04/03/2015 Arijit Banerjee, J. (1) This matter is before us by reason of a reference made by a Division Bench of this Court by an order dated 15th December, 2011 passed in the couRs.of hearing an appeal against the judgment and order dated 7th April, 2005 passed by the Ld. Single Judge in W.P No.2392 of 2001. (2) By an order dated June 25, 1999 the Government of West Bengal had referred an industrial dispute between...
Vs. United Bank of India and Others
Court: Kolkata
Decided on: Mar-04-2015
WP No.507 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side United Bank of India Retirees Welfare Association and Others versus United Bank of India and Others Appearance Mr.S.K.Dutta., Mr.D.Dasgupta.for petitioners Mr.R.N. Majumdar, Mr.S.Chakraborty, Mr.S.Bhattacharjee, Mr.Goutam Chakrabortyfor respondents Judgement On: - 04th March, 2015 I.P.MUKERJI, J. The retired employees of the United Bank of India have formed an association called the United Bank of India Retirees Welfare Association. This association has affiliated itself to an All India Association of similarly placed employees known as the All India Bank Retirees Association. The second writ petitioner is the general secretary of the association in Kolkata having its office at 20, Hemanta Basu Sarani, 4th Floor, Kolkata- 700001. The third and fourth writ petitioners are former employees of the United Bank of India. Both of them retired prior to 1st November, 2002. They and the association, f...
Gautam Bhattacharjee Vs. Dipti Chatterjee and Ors.
Court: Kolkata
Decided on: Mar-04-2015
IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE Present : THE HONBLE JUSTICE I.P.MUKERJ.G.A.No.117 of 2015 T.S.No.15 of 2009 In the goods of: Sisir Kumar Bhattacharjee Gautam Bhattacharjee versus Dipti Chatterjee & ORS.For the petitioner/caveator:- Mr.Ahin Choudhury; senior Adv.Mr.Dhruba Ghosh; Adv.Mr.Sanjoy Bose; Adv.MRS.Ahana Sikdar; Adv.Mr.Souvik Majumdar; Adv.MRS.Tapati Chatterjee; Adv.For the plaintiffs:- Mr.Hirak Mitra; senior Adv.MRS.Suchismita Chatterjee; Adv.Mr.Prashant Kumar Tripathi; Adv.Judgment on:- 04.03.2015 I.P.MUKERJI, J. A Sisir Kumar Bhattacharjee allegedly made and published his last Will and Testament on 12th May, 1997. By this alleged instrument he appointed his son Gautam, a Dental Surgeon by profession as the executor. He left legacies to this son Gautam as well as to Subol his hearing challenged and mute son. On 7th July, 2002, Sisir Bhattacharjee died. The executor filed an application (PLA No.6 of 2008).in this court, for o...
Srei Equipment Finance Ltd. Vs. Shashi Mines and Minerals
Court: Kolkata
Decided on: Mar-04-2015
ORDER SHEET GA No.276 of 2015 WITH AP No.66 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus SHASHI MINES & MINERALS BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 4th March, 2015. Appearance : Mr.P.Saha, Adv.Mr.R.K.Pandey, Adv.Mr.Chayan Gupta, Adv.Mr.S.Bhattacharya, Adv.for the applicant Mr.Swatarup Banerjee, Adv.for the defendant The Court : This is an application taken out by one Electrotherm (India) Ltd., seeking leave to intervene in AP66of 2014 and be examined pro interesse suo in the said proceeding. Learned advocate appearing on behalf of the petitioner in AP66of 2014 raises a preliminary objection and submits that there is no scope for the applicant to intervene in AP66of 2014 since it is not a party to the arbitration agreement which form the basis of an arbitration petition filed under section 9 of the Arbitration and Conciliation Act, 1996. In this context, he refers and relies on the judgment ...
Srijan Nirman Pvt. Ltd. Vs. Commissioner of Income Tax, Kolkata – 3 ...
Court: Kolkata
Decided on: Mar-03-2015
WP No.214 of 2015 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Srijan Nirman PVT.LTD.Versus Commissioner of Income Tax, Kolkata 3 & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 3rd March 2015 Appearance: Mr.R.N. Bajoria, Sr.Advocate Mr.Akilesh Gupta, Advocate Mr.Asim Choudhury, Advocate for the petitioner MRS.Asha Ghutghutia, Advocate for the respondents The Court: On 13th March 2010 the registered office of the writ petitioner was shifted from 164, M.G.Road, Kolkata 700007 to 3, Queens Park, Kolkata 700019. According to Mr.R.N. Bajoria, learned senior advocate appearing for the writ petitioner, the income tax department had knowledge of this change of address and served notices, processes etc.at this new address, the petitioner having notifying them of such change. I was shown a request by the writ petitioner for a new PAN Card form dated 10th January 2011 and the response of the Department by their communication dated 31st January 2011 that the ...
Jayanta Kumar Neogi Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Mar-03-2015
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP280OF2013JAYANTA KUMAR NEOGI Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 3rd March, 2015. Mr.Jishnu Chowdhury, Advocate Mr.Arif Ali, Advocate Mr.Shouveek Roy, Advocate for petitioners Mr.Barin Banerjee, Advocate Ms.Sima Chakraborty, Advocate .for K.M.C.Mr.Saikat Banerjee, Advocate for respondent 7. The Court :- The writ petitioner complains that the Special Officer (Building) of the Kolkata Municipal Corporation after passing an order of demolition revisited the same and passed an order for retention. According to the writ petitioner, the Special Officer(Building) has no authority to do so. It is contended on behalf of the writ petitioner that a Special Officer (Building) of the Kolkata Municipal Corp[oration has no power to review his order. Consequently, the second order passed by the Special Officer (Building) dated January 30, 2013 is without jurisdiction....
The Calcutta Stock Exchange Association Vs. Kunjbehari Kejriwal
Court: Kolkata
Decided on: Mar-02-2015
ORDER SHEET CS No.7 of 2004 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE CALCUTTA STOCK EXCHANGE ASSOCIATION Versus KUNJBEHARI KEJRIWAL BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 2nd March, 2015. Appearance: Mr.Moloy Ghosh, Senior Advocate Mr.Rupak Ghosh, Advocate Mr.Anirban Ray, Advocate The Court :- The plaintiff seeks to recover a sum of Rs.38,33,958.40 as principal amount from the defendant on account of defaults committed by the defendant in the share transactions had by the defendant on the platform of the plaintiff. The plaintiff is a stock exchange. The defendant is one of its membeRs.The defendant had as security for any default in the transactions that the defendant would have as the platform of the plaintiff kept shares, bank guarantee and margin money with the plaintiff. The defendant had traded in shares and securities as a member of the plaintiff on the platform of the plaintiff. For the period January 5, 2001 to January 25, ...
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