Kolkata Court April 2015 Judgments
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Joy Charan Sircar Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Apr-22-2015
ORDER SHEET WP No.249 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JOY CHARAN SIRCAR Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 22nd April, 2015. Appearance: Mr.Sumon Dutta, Adv.Mr.Suvasish Sengupta, Adv.Ms.Subhra Das, Adv.Mr.Rahul Singh, Adv.For the petitioner. Mr.Alok Kumar Ghosh, Adv.Mr.Swapan Kumar Debnath, Adv.Mr.Debangsu Mondal, Adv.The Court :- The writ petitioner has challenged the order dated February 22, 2009 passed by the Deputy Chief Engineer (Civil)/Building. Such order was passed pursuant to the order dated October 9, 2007 passed in WP No.1099 of 2007 directing the Municipal Commissioner of the Kolkata Municipal Corporation or his Delegatee, not below the rank of the Deputy Chief Engineer, to consider and decide the objection raised by the writ petitioner in the letter dated August 30, 2007 after giving an opportunity of hearing to the writ petitioner and the private respondents. It ...
Mahima Management Services Private Limited Vs. Creative Property Devel ...
Court: Kolkata
Decided on: Apr-21-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present: The Honble Justice Soumen Sen G.A.NO.398 of 2014 G.A. No.243 of 2014 C.S. No.24 of 2014 Mahima Management Services Private Limited Versus Creative Property Developers Private Limited & Anr. For the Petitioner/Defendant : Mr. Pratap Chaterjee, Sr. Adv., Mr. Samrat Sen, Adv., Mr. Reetobroto Mitra, Adv., Ms. Debasri Dutta, Adv. For the Respondent/Plaintiff : Mr. Sudipto Sarkar, Sr. Adv., Mr. Surojit Nath Mitra, Sr. Adv., Mr. Prasanta Kr. Dutt, Adv., Mr. Rupak Ghosh, Adv., Mr. Susanta Kr. Dutt, Adv. Heard On :03. 09.2014.10.09.2014, 14.01.2015, 21.01.2015, 06.02.2015, 16.02.2015. Judgment On :21. t April, 2015 Soumen Sen, J.:- The petitioner has filed a suit for recovery of money and a declaration that the defendant No.1 has created an equitable mortgage by deposit of title deed with the defendant No.2 in respect of the property mentioned in the schedule to the plaint. In an interlocutory application ...
Cindrella Management Services Private Limited Vs. Trend Bags and Anr.
Court: Kolkata
Decided on: Apr-21-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present: The Honble Justice Soumen Sen G.A.NO.397 of 2014 G.A. No.244 of 2014 C.S. No.23 of 2014 Cindrella Management Services Private Limited Versus Trend Bags & Anr. For the Petitioner/Defendant : Mr. Pratap Chaterjee, Sr. Adv., Mr. Samrat Sen, Adv., Mr. Reetobroto Mitra, Adv., Ms. Debasri Dutta, Adv. For the Respondent/Plaintiff : Mr. Sudipto Sarkar, Sr. Adv., Mr. Surojit Nath Mitra, Sr. Adv., Mr. Prasanta Kr. Dutt, Adv., Mr. Rupak Ghosh, Adv., Mr. Susanta Kr. Dutt, Adv. Heard On :03. 09.2014.10.09.2014, 14.01.2015, 21.01.2015, 06.02.2015, 16.02.2015. Judgment On :21. t April, 2015 Soumen Sen, J.:- The petitioner has filed a suit for recovery of money and a declaration that the defendant No.1 has created an equitable mortgage by deposit of title deed with the defendant No.2 in respect of the property mentioned in the schedule to the plaint. In an interlocutory application filed by the plaintiff, an ex p...
Yash Traders Vs. M/S Inspiration Cloths and
Court: Kolkata
Decided on: Apr-21-2015
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 Shivakant Prasad A.P.O. No.35 of 2015 A.P. No.408 of 2008 OCOT No.5 of 2015 Yash Traders Vs. M/s Inspiration Cloths and For the Appellant : For the Respondent : Mr. Sakya Sen, Senior Advocate Mr. Sunil Singania, Advocate Mr. Tapas Chatterjee, Advocate Ms. Nilanjana Adhya, Advocate Mr. Abhijit Chatterjee, Senior Advocate Mr. Amitesh Banerjee, Advocate Mr. Bablu Baral, Advocate Heard on : April 9 and 10, 2015. Judgment on : April 21, 2015 ASHIM KUMAR BANERJEE.J: CURTAIN RAISER: The parties entered into an agreement for sale of garments. The agreement would provide, the appellant would place order on the respondent and the respondent would supply the same. The appellant would remain responsible for payment within thirty days from the date of shipment without any deduction, in exchange they would get an incentive of 7.5% of the FOB ...
M/S.India Media Services Pvt. Ltd. Vs. Newsprint Trading and Sales Cor ...
Court: Kolkata
Decided on: Apr-20-2015
EC651of 2014 CS486of 2002 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE M/S.INDIA MEDIA SERVICES PVT.LTD.Versus NEWSPRINT TRADING AND SALES CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 20th April, 2015. For the decree-holder : Mr.Utpal Bose, Sr.Advocate Mr.Jayjit Ganguli,Advocate Mr.Sandipto Bose,Advocate Mr.P.Sancheti,Advocate Mr.Ajoy Krishna Chatterjee,Sr.Advocate appeaRs.Mr.A.Banerjee,Advocate appeaRs.Mr.A.P.Agarwalla,Advocate appeaRs.The Court : - The decree holder seeks execution of the decree dated March 17,2004. Mr.Utpal Bose,learned Senior Counsel for the decree-holder submits that, the decree-holder is entitled to the costs as tabulated in page 133 of the execution application. However, the decree holder is not pressing for the miscellaneous expenses of Rs.10,000/- included in such page. It is submitted that, the decree holder is entitled to be reimbursed with all costs incurred by the decree holder in obtaining possession of the property concerned. The ju...
Abhinandan International Pvt. Ltd. and Ors. Vs. Allahabad Bank
Court: Kolkata
Decided on: Apr-20-2015
ORDER SHEET CS No.215 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHINANDAN INTERNATIONAL PVT.LTD.& ORS.Versus ALLAHABAD BANK BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 20th April, 2015. Mr.Mr.Mr.Mr.Mr.R.S.Mantha, Sr.Adv.A.Rashid, Adv.R.Dutta, Adv.S.K.Bhattacharyya, Adv.B.Sardar, Adv.for the plaintiffs The Court : The plaintiffs seek to recover damages from the defendant. The plaintiffs claim that the fiRs.plaintiff had business relation with the defendant since August, 1999. It had applied for and obtained sanction of credit facilities on the basis of a 100% export oriented unit project at Maheshtala, Budge Budge Trunk Road for manufacture and export of readymade garments. The defendant had argued to grant credit facilities for such project. The defendant did not adhere to the terms and conditions of the sanction of the credit facilities thereby causing loss and damages to the fiRs.plaintiff which the plaintiffs seek to recover from...
Srikant Bagla Vs. Commissioner of Customs and Ors.
Court: Kolkata
Decided on: Apr-20-2015
WP No.818 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Srikant Bagla versus Commissioner of Customs & ORS.For the petitioners:- Mr.Jayanta Mitra, Sr.Advocate & Advocate General Mr.A.K.Banerjee Mr.Sk. Faridullah For Respondent (No.8).Mr.Soumya Mazumdar Mr.Dibyendu Chatterjee Mr.Siddhartha Roy For Respondent (No.9).Mr.P.D.Mukherjee For Customs Authority: Mr.R.N.Das (Sr.Advocate) Mr.T.M.Siddiqui Judgement On: - 20th April, 2015 I.P.MUKERJI, J. The writ petitioner imported a large quantity of a substance alleged to be furnace oil. This is also known as fuel oil He did so between January and March, 2013 in six containeRs.from Singapore, Malaysia and Australia. The fiRs.and the second arrived on 1st January, 2013. The containers were unloaded and removed to a container freight station the very next day, 2nd January, 2013. Other containers followed. The goods were detained by the customs for a long period of time on the suspicion that they were hazardous....
Commissioner of Income Tax, Kolkatax, Kolkata Vs. Smt Mina Deogun
Court: Kolkata
Decided on: Apr-20-2015
ORDER SHEET ITA NO.438 OF2008IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-X, KOLKATA Versus SMT MINA DEOGUN BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date: 20th April, 2015. MR.M.P.AGARWAL,ADVOCATE FOR APPELLANT MR.R.K.MURARKA, MS.SUTAPA ROYCHOWDHURY,ADVOCATES FOR RESPONDENT The Court: The subject matter of challenge in the appeal is a judgment and order dated 3rd August, 2007 passed by the learned Income Tax Appellate Tribunal pertaining to the assessment year 2004-2005. The revenue has come up in appeal. The following questions were formulated at the time of admission of appeal: ( a) Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is correct in adopting the value of share of the assessee in the property at 47, Archbishop Makarios Marg (Golf Links).New Delhi as on 1.4.1981 at Rs.18,40,244/- in accordance with the report of the Regis...
Syndicate Bank Vs. The official Liquidator (Shree Manjusha Paper Mills ...
Court: Kolkata
Decided on: Apr-17-2015
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Shivakant Prasad A.P.O.No.168 of 2014 BIFR52Of 1988 Syndicate Bank versus The Official Liquidator (Shree Manjusha Paper Mills Limited) & Others For the Appellant : Mr.Rajsekhar Mantha, Senior Advocate Ms.Gopa Chakraborty, Advocate Ms.Paromita Purkait, Advocate For IFCI and IDBI : Mr.Amiya Kumar Sur, Advocate For IOB : Mr.N.K.Rakshit, Advocate For Official Liquidator : Mr.Tilak Bose, Senior Advocate Mr.Anupam Das Adhikari, Advocate Heard on : April 1 and 7, 2015. Judgment on : April 17, 2015. ASHIM KUMAR BANERJEE, J. INCIDENT THAT GAVE RISE TO THE PRESENT LITIGATION: Basant Paper Mills Limited, subsequently known as Manjusa Paper Mills Limited obtained credit facilities from various financial institutions including Syndicate Bank and IDBI. The claim of the Syndicate Bank was secured by mortgage of property restricted to Rs....
Maheshwary Ispat Limited Vs. Tata Capital Financial Services Limited
Court: Kolkata
Decided on: Apr-17-2015
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Shiva Kant Prasad A.C.O.No.25 of 2015 A.P.O.No.457 of 2012 C.P.560 of 2011 Maheshwary Ispat Limited -Vs.Tata Capital Financial Services Limited For the Appellants : Mr.Swatarup Banerjee, Advocate, Mr.Sourav Sengupta, Advocate For the Respondents : Mr.Tilak Bose, Senior Advocate, Ms.Manju Bhutoria, Advocate Mr.Souvik Chowdhury, Advocate Heard On : April 6, 2015 Judgment On : April 17, 2015 ASHIM KUMAR BANERJEE, J. BACKDROP: Tata Capital Finance Limited filed a winding up petition against Maheswari Ispat Limited, the applicant above named, inter-alia praying for its winding up on the ground, Maheswari failed to repay the financial assistance to the extent of Rs.5 crore approximately. Maheswari partly secured the claim through pledge of a fixed deposit receipt for 75 lacs that the Tata encashed with the permission of Maheswar...
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