Kolkata Court April 2015 Judgments
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Ashoka Industries Ltd. and Ors. Vs. Kajal Sengupta
Court: Kolkata
Decided on: Apr-17-2015
ORDER SHEET GA1007of 2015 With CS73of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ASHOKA INDUSTRIES LTD.& ORS.Versus KAJAL SENGUPTA BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th April, 2015. Mr.Surajit Nath Mitra, Sr.Adv.Mr.Dhruba Ghosh, Adv.The Court: The plaintiffs seek recalling of a decree dated February 23, 2015. It is submitted on behalf of the plaintiffs that, the suit was not being heard on day-to-day basis. Relying upon a list of dates handed over in Court it is submitted that, the suit had been heard on diveRs.dates prior to February 23, 2015. It is submitted that, the last date of crossexamination of the sole witness of the plaintiffs was on February 18, 2015. The cross-examination of the fiRs.witness of the defendant nos.1, 2 and 3 had commenced on February 18, 2015. The hearing of the suit was adjourned till February 20, 2015. On February 20, 2015 the Court did not sit as the Court was in a Division Bench. The learned Coun...
Hawkins Cookers Limited Vs. Khaitan Pressure Cooker Pvt. Ltd.
Court: Kolkata
Decided on: Apr-10-2015
1 C.S. No.448 of 1990 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Hawkins Cookers Limited Vs. Khaitan Pressure Cooker Pvt. Ltd. For the Plaintiff : Mr. Ranjan Bachawat, Sr. Advocate Mr. Debnath Ghosh, Advocate Mr. Prabhakar Choudhury, Advocate Ms. Bithika Mondal, Advocate For the Defendant : Mr. Abhrajit Mitra, Sr. Advocate Mr. Jishnu Chowdhury, Advocate Mr. Sourav Gupta, Advocate Mr. Sudhakar Prasad, Advocate Mr. Partha Basu, Advocate Hearing concluded on : January 13, 2015 Judgment on : April 10, 2015 DEBANGSU BASAK, J.The plaintiff has filed the instant suit seeking permanent injunction restraining the defendant from infringing the registered copyright of the plaintiff and for damages. The plaintiff claims to be using a distinctive logo. The plaintiff claims it to be an original artistic word. The plaintiff has been using such logo with its trade mark. The plaintiff alleges that, the defendant is selling pressure cookers bearing an identical and/or deceptively...
Bharat Coking Coal Ltd. Vs. M/S. Auroma Coke Ltd. and Ors.
Court: Kolkata
Decided on: Apr-10-2015
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE APOT421of 2013 GA2645OF2013WITH W.P.No.71 of 2010 BHARAT COKING COAL LTD.VERSUS M/S.AUROMA COKE LTD.AND ORS.BEFORE: The Honble CHIEF JUSTICE DR. MANJULA CHELLUR The Honble JUSTICE ARIJIT BANERJEE Heard on: 19.11.2014, 20.11.2014, 24.11.2014, 28.11.2014 & 03.12.2014. Delivered on: April 10, 2015. For the Appellant:- Mr.Mr.Mr.Mr.Mr.Saktinath Mukherjee, Sr.Advocate Kalimuddin Mandal, Advocate Partha Basu, Advocate Nikhil Kumar Roy, Advocate P. Bose, Advocate For the Respondents:- Mr.Samaraditya Pal, Sr.Advocate Mr.Saptangsu Basu, Sr.Advocate Ms.Sukla Baneerjee, Advocate Mr.Pallav Banerjee, Advocate Dr. Manjula Chellur, Chief Justice : The present appellant herein was the 4th respondent before learned Single Judge in W.P.No.71 of 2010. It would be just and proper to narrate certain facts in order to understand the background in which the appeal is presented. The respondent no.1 before us was the writ petitioner an...
Sicpa India Pvt. Ltd. Vs. Union of India
Court: Kolkata
Decided on: Apr-09-2015
In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP67of 2013 Sicpa India PVT.LTD.-vs.Union of India Before For the petitioner : The Honble Justice Arijit Banerjee : Mr.Ravi Raghavan, Adv.Mr.Tanmoy Chakraverty, Adv.Mr.Arindam Chandra, Adv.For the respondent : Mr.R.Bharadwaj, Adv.Mr.Subir Kr. Saha, Adv.Heard On : 9th April, 2015 Judgment on : 9th April, 2015 Arijit Banerjee, J.(1) In the present writ application the petitioner challenges the order dated 29th November, 2012 passed by the CustoMs.Excise and Service Tax Appellate Tribunal (CESTAT).Calcutta in Appeal No.ST/A/224/2010 which was filed by the petitioner against the order dated 26th March, 2010 passed by the Commissioner of CustoMs.Central Excise and Service Tax, Siliguri Commissionerate: Adjudication Cell. (2) By the order dated 26th March, 2010 the Commissioner had confirmed the departments demand of service tax amounting to Rs.1,89,59,459.00, education cess amounting to Rs.3,79,189/- and secondary ...
Chemcrown Exports Ltd. Vs. Essem Chemicals Industries
Court: Kolkata
Decided on: Apr-08-2015
CS128of 1999 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE CHEMCROWN EXPORTS LTD.Versus ESSEM CHEMICALS INDUSTRIES BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th April, 2015. For the plaintiff : Mr.Ravi Kapoor,Advocate Mr.S.Rudra,Advocate Mr.Arindam Halder,Advocate For the defendant : Mr.Vijay Anand Mishra,Advocate Mr.S.Mitra,Advocate The Court : - The suit is for recovery of price of goods sold and delivered. The plaintiff claims to have sold and delivered diveRs.goods to the defendant. The plaintiff has raised bills on the defendant and has raised sales tax on concessional rate. The defendant had, on occasions, raised disputes with regard to price and shortages of goods. The defendant had raised debit notes on the plaintiff in respect of such claiMs.The plaintiff had allowed the debit notes which were acceptable to the plaintiff. The plaintiff had maintained a current account of the transactions had between the parties. The plaintiff alleges that the defendant had committed brea...
Tarun Kumar Ghose and Ors. Vs. The Credit Union Cooperative Enterprise ...
Court: Kolkata
Decided on: Apr-08-2015
ORDER SHEET GA No.1074 of 2015 With CS No.771 of 1981 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TARUN KUMAR GHOSE & ORS.Versus THE CREDIT UNION COOPERATIVE ENTERPRISES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th April, 2015. Appearance: Mr.Surojit Nath Mitra Sr.Adv.Mr.Aniruddha Roy, Adv.Mr.Amitabha Ghosh, Adv.Mr.Jishnu Saha, Mr.Arindam Banerjee, Mr.Anubhav Sinha, Mr.Ashis Mukherjee, Adv.Adv.Adv.Adv.The Court: This is an application in the nature of Order 21, Rule 99 of the Code of Civil Procedure. The applicant claims to be lessee/tenant of a portion of premises no.2/1 Ho Chi Minh Sarani (formarly known as Harrington Street) Kolkata 700 071, cumulatively around 27 cottahs of land including open space and garden area. The petitioner claims to be in a settled possession and occupation thereof. It is stated that on 10th August, 1960 the predecessors in interest of the plaintiff Nos.1 to 4 as owners of the said premises, granted a lease for ...
Spml Infra Ltd. Vs. South Bihar Power Distribution Co. Ltd. and Ors.
Court: Kolkata
Decided on: Apr-08-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRESENT: The Honble JUSTICE SOUMEN SEN G.A.No.424 of 2015 CS No.37 of 2015 G.A.No.545 of 2015 SPML INFRA LTD.versus SOUTH BIHAR POWER DISTRIBUTION Co.LTD.& ORS.For the Defendant/Petitioner : Mr.P.C.Sen, Sr.Adv., Mr.Amitava Das, For the Plaintiff : Mr.Mr.Mr.Mr.Mr.Mr.Heard On : 03.02.2015, 16.02.2015, 23.02.2015, 25.02.2015, 18.03.2015, 25.03.2015, 01.04.2015, 06.04.2015 Judgment On : 8th April, 2015 Jayanta Kr. Mitra, Adv.Gen, Pratap Chatterjee, Sr.Adv., Anirban Roy, Sourav Ghosh, Prithviraj Sinha, Arnab Basu Mullick. Soumen Sen, J.:- The defendant has filed an application for revocation of the leave under Clause 12 of the Letters Patent. The basis of the application appears to be the jurisdictional clause in the contract awarded to the plaintiff. The jurisdictional clause reads:- Jurisdiction of Court All disputes/claims/counter-claims for and/or against the SBPDCL arising out of agreement contracts/order ...
Satyanarain Fatehpuria Vs. Cesc Ltd. and Ars.
Court: Kolkata
Decided on: Apr-08-2015
FORM No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: THE HONBLE JUSTICE ANIRUDDHA BOSE W.P. No.164 of 2013 Satyanarain Fatehpuria Vs. CESC Ltd. & Ars. Advocate for the petitioner: Mr. Pratyush Patwari Advocate for the Respondent: Mr. Subir Kumar Sanyal Mr. Ratul Biswas Judgment on:8. h April, 2015. ANIRUDDHA BOSE, J.:- 1. A final order of assessment made by the Assessing Officer-IV of the CESC Ltd. on 14th November, 2012 under Section 126 of the Electricity Act, 2003 is assailed by the petitioner in this proceeding. In this order, the writ petitioner, who is a domestic consumer of CESC Ltd. has been found to have made unauthorized use of electricity and the petitioners dues on that count has been assessed to be Rs.2,34,150.75 and Rs.22,945.46 for electricity charges and electricity duty respectively. Such dues has been computed on the basis of unauthorized use 365 days preceding the date of disconnection. Supply to the petitioner was discon...
Commissioner of Income Tax, Kolkataiii, Kolkata Vs. M/S Naresh Kumar a ...
Court: Kolkata
Decided on: Apr-08-2015
ORDER SHEET ITA No.108 of 2007 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-III, KOLKATA Versus M/s NARESH KUMAR & CO PVT LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 8th April, 2015. Ms A.G.Gutgutia, Advocate for the Appellant Mr.Saurav Bagaria, Advocate, Mr.G.S.Gupta, Adv.and Mr.Siddhartha Das, Adv.for the Respondent The Court: The appeal pertaining to the assessment year 2002-03 was admitted on 29.3.2007 when the following question of law was formulated. Whether on the facts and in the circumstances of the case and in view of the introduction of provision of sec. 14A of the Income Tax Act, 1961 with retrospective effect, the Income Tax Tribunal was justified in law and on the facts to delete addition of Rs.8,43,660/coming under sec. 36(I)(iii) of the Income Tax Act, 1961?. It is not in dispute that a sum of Rs.1.99 crore was invested by the assessee from the cash cr...
C. I. T. Kolkata Ii Vs. Williamson Magor and Co. Ltd.
Court: Kolkata
Decided on: Apr-08-2015
ITA No.799 of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T. KOLKATA - II Versus WILLIAMSON MAGOR & Co.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 8th April, 2015. Mr.R.N.Bajoria, Sr.Advocate Mr.A.Gupta,Advocate for the Respondent The Court: The appeal was presented on 23rd November, 2004. Thereafter, the appellant did not take any step whatsoever. The appeal has not as yet been admitted. On 13th January, 2015, the appeal was listed under the heading For Dismissal when no one appeared on behalf of the appellant. The matter was directed to be listed on 15th January, 2015 under the heading For Dismissal for the second time. On 15th January, Mr.R.K. Chowdhury appeared for the appellant and prayed for liberty to serve which was granted. On 6th February, 2015, after service, the matter appeared when the matter was fixed by consent of the parties for hearing after two weeks. The matter is in the lis...
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