Kolkata Court April 2015 Judgments
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Turner Morrison and Co. Limited Vs. ‘Hungerford’ Investment Trust ...
Court: Kolkata
Decided on: Apr-07-2015
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION IN THE APPEAL FROM ITS CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Ashim Kumar Banerjee And The Honble Justice Samapti Chatterjee A.P.O289OF1994C.P. NO.274 OF1967With A.C.O83OF2008(in APOT44OF2007C.P. 33 OF1988 TURNER MORRISON & CO. LIMITED VS. HUNGERFORD INVESTMENT TRUST & OTHERS For the Appellant : Mr. Utpal Bose, Senior Advocate Mr. Joy Saha, Advocate Mr. D.N. Sharma, Advocate Mr. Anumoy Basu, Advocate Mr. Loknath Chatterjee For the Respondent : Mr. Nirmaljit Singh Hoon (In person on behalf of Hunderford Investment Trust) Heard On : January 13, 19, February 10, 23, 24, 25 & March 3, 2015. Judgment On : April 7, 2015. ASHIM KUMAR BANERJEE, J.: I have gone through the well versed painstaking judgment of My Lord Samapti Chatterjee, J.. I am in full agreement with His Lordship both on findings as well as the ultimate result in the appeal as well as the application for review. However, I wish to ad...
Rani Leasing and Finance Ltd. Vs. Sanjay Khemani
Court: Kolkata
Decided on: Apr-07-2015
ORDER SHEET CS113of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RANI LEASING & FINANCE LTD.Versus SANJAY KHEMANI BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 7th April, 2015. Mr.Soumabho Ghose, Adv.Mrs.S.Sharma, Adv.Mr.Pramod Kr.Bagchi, Adv.The Court: Two Stock Exchange Quotation Registers have been kept with the records. Such Stock Exchange Registers have not been marked as exhibits. The defendant has submitted the same in Court. Since the Stock Exchange Quotation Registers have not been marked as exhibits, on the prayer of the defendant, the same are directed to be made over to the Advocate-on-Record for the defendant. Some typographical errors in the Judgement dated March 19, 2015 have been pointed out. Typographical error in the fiRs.paragraph at page no.2 being with the words The plaintiff had, thereafter, issued a demand letter dated January 14, 2001. The defendant did not pay in spite of such demand. The plaintiff, thereafter, sold ...
Duncan International Ltd. Vs. C. I. T. W. B. Iv, Kolkata
Court: Kolkata
Decided on: Apr-07-2015
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITR No.2 of 2005 DUNCAN INTERNATIONAL LTD.Versus C.I.T.W.B. - IV, KOLKATA And ITR NO.8 OF2005DUNCAN INTERNATIONAL (I) LTD Versus C.I.T., W.B.-II, KOlkata BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 7th April, 2015. Mr.J.P.Khaitan,Sr.Advocate Mr.P.Bag,Advocate Mr.P.Jhunjhunwala,Advocate Mr.A.K.Dey, Advocate For Appellant/assessee Mr.R.K.Sinha,Advocate Md.Nizamuddina,Advocate for respondent/revenue The Court : Briefly stated, the questions of law being the subject matter of this reference, arise out of the facts and circumstances as follows: T he assessee has been trading with MessRs.White Lamb & Finlay Inc. of U.S.A.for a long time and was exporting jute goods to them regularly on 120/150 days D.A.basis. However, th in respect of shipments made from 27 bills failed aggregating to honour to the July, 1978 covered by 6 Rs.22,98,172.20, bills on the foreign presentat...
Salma Khanpetitioner Vs. Union of India and Ors.Respondents
Court: Kolkata
Decided on: Apr-01-2015
ORDER SHEET W.P.No.407 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SALMA KHAN Versus UNION OF INDIA & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 1st April, 2015. For Petitioner : Mr.Saktinath Mukherjee, Sr.Adv.with Mr.Soumya Majumder & Mr.Victor Chatterjee, Adversus For Respondents : Mr.Kishore Dutta, Sr.Adv.with Mr.Souvasis Sengupta & Ms.S.Basu Mullick, Adversus The writ petitioner has been a temporary contractual employee of the Asiatic Society for the last 4/5 yeaRs.Her service has been extended from time to time renewing her contract of employment. Her grievance in this writ application is that in spite of the Standing Finance Committee of the Asiatic Society having resolved at a meeting dated 28th November, 2014 that at the time of fresh recruitment for suitable vacant post, she will be treated as a departmental candidate giving her some preference for the selection, her contract of employment has not been...
M/S. Sicpa India Ltd. Vs. Commissioner of Income Tax, Wbii
Court: Kolkata
Decided on: Apr-01-2015
ORDER SHEET ITA156OF2006IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE M/S.SICPA INDIA LTD.Versus COMMISSIONER OF INCOME TAX, WB-II BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 1st April, 2015. For APPELLANT : Mr.C.S.Das,Advocate The Court : The appeal was admitted on 27th February, 2007. There is, however, nothing to show that the notice of appeal was ever served. Naturally, no one appeared on behalf of the respondent. On 6th June, 2014, the matter was in the list. The learned advocate appearing for the appellant was unable to tell us whether notice of appeal has been served. In the circumstances, the registry was directed to furnish a report as to whether the notice of appeal was served. The registry by its report dated 24th June, 2014 informed this Court that no notice had been taken out by the appellant from the section for service upon the respondent. There was as such a clear violation of Chapter XXXI Rul...
State Bank of India Vs. Index Suppliers Private Limited
Court: Kolkata
Decided on: Apr-01-2015
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO518OF2014GA777of 2015 WITH CS312of 2013 STATE BANK OF INDIA Versus INDEX SUPPLIERS PRIVATE LIMITED BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 1st April, 2015. Mr.Joy Saha, Advocate Mr.Saunak Sengupta, Advocate Mr.R.C.Pusti, Advocate Mr.Subhojit Saha, Advocate .for appellant Mr.Anubhab Sinha, Advocate Mr.R.S.Tiwari, Advocate .for respondent The Court :- Heard learned Counsel for the appellant as well as for respondent/plaintiff. The relationship between the parties as creditor and debtor is not in dispute. Pendency of recovery proceedings before the Debt Recovery Tribunal by the appellant bank is also not in dispute. The respondent filed a suit apparently subsequent to the proceedings under Section 19 of the Recovery of Debts Due to Banks & Financial Institution Act, 1993. The main contention of the appellant bank was since the application under Section 19 of...
Late Sushil Modi Vs. C. I. T., Central Ii
Court: Kolkata
Decided on: Apr-01-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No.52 of 2003 LATE SUSHIL MODI Versus C.I.T., CENTRAL -II BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 1st April, 2015. Mr.Ananda Sen, Adv.Mr.Biswajit Mal, Adv.for Appellant Mr.Arkadeb Biswas, Adv.for Respondent The Court: The subject matter of challenge in this appeal, of the year 2003, which is yet to be admitted, is a judgment and order dated 28.6.2002 by which the learned Tribunal dismissed an appeal preferred by the assessee challenging the order dated 30.10.1998 of the Deputy Commissioner of Income Tax passed in a block assessment for the period between 1.4.1986 to 20.9.1996. The question, which the learned Advocate for the appellant has pressed before us, is Question No.(iii) which reads as follows: (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in having upheld the treatment of cash deposits of R...
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