Kolkata Court June 2015 Judgments
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South Calcutta Diesels Private Limited Vs. Manjula Devi Dugar
Court: Kolkata
Decided on: Jun-18-2015
ORDER SHEET GA No.1767 of 2012 With CS No.103 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SOUTH CALCUTTA DIESELS PRIVATE LIMITED Versus MANJULA DEVI DUGAR BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th June, 2015. Appearance: Mr.Abhrajit Mitra Sr.Mr.Jishnu Chowdhury, Mr.Soumabho Ghosh, Ms.Sonia Sharma, Adv.Adv.Adv.Adv.Mr.Jishnu Saha Sr.Adv.Ms.Arpita Saha, Adv.Ms.Ruby Jiswal, Adv.The Court: The claim in the suit is arising out of price of goods sold and delivered. The defendant was a sole selling agent of Bosch India LTD.The petitioner used to purchase diesel engines sold under the logo Bosch through the defendant. The plaintiff from time to time disbuRs.diveRs.amounts on various dates out of which it is claimed that the defendant has failed to deliver the goods for the advance made for a sum of Rs.26,20,034.65. The plaintiff has relied upon various communications which, inter alia, included a communication dated 3rd March, 2012 in which ...
Ajay Jalan and Anr. Vs. S.K.Kothari, Secretary and Chief Financial off ...
Court: Kolkata
Decided on: Jun-17-2015
ORDER GA No.258 of 2015 CS No.89 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AJAY JALAN AND ANR. Versus S.K.KOTHARI, SECRETARY & CHIEF FINANCIAL OFFICER OF THE ROYAL CALCUTTA TURF CLUB BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 17th June 2015. Appearance: Mr.Jishnu Saha, Senior Advocate Mr.Arindam Mukherjee, Advocate Mr.Jai Kumar Surana, Advocate Mr.Aasish Chowdhury, Advocate Ms.Aindrila Basu, Advocate ...for the petitioneRs.Mr.Siddhartha Mitra, Sr.Advocate Ms.Mousumi Bhattacharya, Advocate ...for the respondents. The petitioner in his individual capacity has filed this application questioning the propriety and legality of an order passed by the Stewards of the club. The petitioner states that he is the Managing Director of the plaintiff no.1. However, surprisingly he has filed an application for registration for hORS.racing in his individual capacity. The suit was instituted by the plaintiff no.1 in the capacity as the Managing Director of the plaintif...
The C.S.Exchange Association Ltd. Vs. Kiran Parasrampuria
Court: Kolkata
Decided on: Jun-17-2015
ORDER SHEET CS2482002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE C.S.EXCHANGE ASSOCIATION LTD.Versus KIRAN PARASRAMPURIA BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th June, 2015. Mr.Rupak Ghosh, Advocate for the plaintiff. Mr.Aniruddha Mitra, Advocate Mr.G.S.Gupta, Advocate for the defendant. The Court : The plaintiff, a stock exchange, has filed the instant suit for recovery of a sum of Rs.46,63,128.90 together with interest at the rate of 0.09% per day from March 8, 2001 until realisation. According to the plaintiff, the defendant as a member of the plaintiff stock exchange had failed to honour its obligations to pay in respect of two settlements and had failed to deliver the shares thereby necessitating the plaintiff to buy such shares for delivery in auction. The defendant had also failed to honour its obligation to pay the auction settlement. The defendant has filed a written statement. The defendant claims that as the plaintiff h...
C.I.T. – Asansol Vs. Kishore Kumar Paul
Court: Kolkata
Decided on: Jun-16-2015
ORDER SHEET ITA230OF2005IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T. ASANSOL Versus KISHORE KUMAR PAUL BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date : 16th June, 2015. For appellant : Md.Nizamuddin,Advocate Mr.P.Dhodhoria,Advocate The Court : Let affidavit of service filed in Court today be kept on record. Despite service of notice none appears on behalf of the respondentassessee. Heard the learned counsel for the appellant. The appeal was admitted on two questions. The question no.1 is as follows:1. Whether on the facts and in the circumstances of the case Tribunal was justified in law in upholding the order of Commissioner of Income Tax (Appeals) allowing the Additional Conveyance allowance as an eligible exemption under section 10(14) of the Income Tax Act, 1961 in view of circular no.701 dated 20.03.1995 and guideline framed by the CBDTF No.275/11/2001-IT(B) dated 1.02.2001 ?. Since there are typographical m...
C.I.T, Kolkata Xiii Vs. M/S. Asha Trading Co.
Court: Kolkata
Decided on: Jun-16-2015
1 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) Original Side Present : The Honble Justice Soumitra Pal And The Honble Justice Mir Dara Sheko 16th June, 2015 ITA574of 2004 C.I.T, Kolkata XIII versus M/S.Asha Trading Co.Md.Nizamuddin, Advocate for the appellant The Court :- Since it is submitted by Mr.Nizamuddin, learned advocate for the appellant, that notice has been served on the respondent, the learned advocate on record for the Central Government is directed to affirm and file affidavit of service in couRs.of this week. The appeal was admitted on the following question :Whether on the facts and in the circumstances of the case, Tribunal was justified in law in allowing deduction to the assessee u/s.80HHC of Income Tax Act, 1961 on that position of the export sale proceeds which was not brought or received by it in India in convertible foreign exchange within the period stipulated under section 80HHC(2) of the Income Tax Act and even no extension of time was grante...
Smt. Kusum Roy and Ors. Vs. The Calcutta Municipal Corporation and Ors ...
Court: Kolkata
Decided on: Jun-15-2015
W.P No.1358 of 2000 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Smt. Kusum Roy & ORS.versus The Calcutta Municipal Corporation & ORS.For the Petitioners : Mr.Swapan Kr. Dutta, Advocate Mr.Dipankar Das Gupta, Advocate For the Respondents : Mr.Pranab Kumar Dutta, Sr.Advocate Mr.Swapan Kr. Debnath, Advocate Hearing concluded on : June 02, 2015 Judgment on : June 15, 2015 DEBANGSU BASAK, J.:- An employee of the Kolkata Municipal Corporation was awarded a punishment by an Order dated February 24, 2000 passed by the Municipal Commissioner. Such order awarding punishment is under challenge. The original writ petitioner has died during the pendency of the writ petition. In place and stead of the original writ petitioner his heirs and legal representatives have been substituted. The fiRs.ground of challenge to the impugned order is that an authority not recognized by law has passed the order impugned. The impugned order has been passed by the Municipal Commissio...
Debashis Roy Mazumder Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jun-15-2015
W.P No.1208 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Debashis Roy Mazumder versus The Kolkata Municipal Corporation & ORS.For the Petitioner : Mr.Swapan Kr. Dutta, Advocate Mr.Dipankar Das Gupta, Advocate For the Respondents : Mr.Ranajit Chatterjee, Advocate Mr.Arijit Dey, Advocate Mr.Alok Kr. Ghosh, Advocate Mr.Swapan Kr. Debnath, Advocate Hearing concluded on : June 02, 2015 Judgment on : June 15, 2015 DEBANGSU BASAK, J.:- The writ petitioner claims seniority over and above the respondent No.4 based upon a Circular bearing No.33/VIII/2009-10 dated December 15, 2009 of the Kolkata Municipal Corporation. It is contended on behalf of the writ petitioner that, the seniority is to be reckoned from the date of acquisition of the degree in Engineering with simultaneous reference to the date of joining the post of Assistant Engineer. The writ petitioner having joined the post of Assistant Engineer on promotion on September 29, 1996, that is, prior ...
The Calcutta Gujrati Education Society and Anr. Vs. The Kolkata Munici ...
Court: Kolkata
Decided on: Jun-15-2015
W.P No.668 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side The Calcutta Gujrati Education Society & Anr. versus The Kolkata Municipal Corporation & ORS.For the Petitioners : Mr.Sakhya Sen, Advocate Mr.Arindam Banerjee, Advocate Mr.Suvadeep Sen, Advocate For the Respondents : Mr.Ashok Kr. Banerjee, Sr.Advocate Mr.Biswajit Mukherjee, Advocate Mr.Gopal Chandra Das, Advocate Mr.Subhodeep Mukherjee, Advocate Hearing concluded on : June 09, 2015 Judgment on : June 15, 2015 DEBANGSU BASAK, J.:- The writ petitioners have questioned the authority of the Kolkata Municipal Corporation to demand surcharge on property tax on and from May 1, 2007 till January 1, 2012 in view of the omission of Section 171(4) of the Act, 1980 on May 1, 2007 and the coming into effect of Section 232A of the Act of 1980 on January 1, 2012. The writ petitioners contend that, Section 171(4) as it stood prior to its repeal with effect from May 1, 2007 had permitted the Kolkata Municipa...
Rajib Saha Vs. Monjur Alam Mallick
Court: Kolkata
Decided on: Jun-09-2015
CS No.130 of 2008 with EOS No.2015 GA No.1597 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Rajib Saha Versus Monjur Alam Mallick Before: The Hon'ble Justice ARIJIT BANERJEE Date: 9th June 2015 Appearance: Mr.Swarnendu Ghosh, Advocate for the applicant Mr.Sakya Sen, Advocate Mr.Chanchal Dutta, Advocate Mr.Rajarshi Dutta, Advocate for the plaintiff in CS1302008 The Court: CS No.130 of 2008 has been filed in this Court claiming money decree for Rs.39,44,000/- on the basis that a sum of Rs.29 lakhs was lent and advanced by the plaintiff to the defendant and the defendant had executed a promissory note to repay the said money to the plaintiff within the time specified in the promissory note. The defendant in the aforesaid suit filed a suit in the Court at Sealdah being Suit No.28 of 2011 challenging the authenticity and genuineness of the said promissory note and for cancellation thereof on the ground that the same is forged. An application was made by the defe...
Vs. Brijendra Gupta..Respondent
Court: Kolkata
Decided on: Jun-08-2015
ITA No.330 of 2009 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE -Commissioner of Income Tax, Central-III, Kolkata .APPELLANT VERSUS Brijendra Gupta .RESPONDENT Present: The Hon'ble Justice GIRISH CHANDRA GUPTA The Hon'ble Justice ARINDAM SINHA Date: 8th June, 2015 Appearance: Mr.R.K.Sinha, Adv.for the Appellant Mr.N.K.Poddar, Sr.Adv.Mr.V.Tibrewal,Adv.For the Respondent The Court: The subject matter of challenge in the appeal is a judgment and order dated 19th June, 2009 pertaining to the assessment years 2000-01, 2001-02, 2002-03, 2003-04 and 2004-05 by which penalty under section 271(1)(c) of the Income Tax Act was deleted. A search was conducted on 15th February, 2006 under section 132 of the Income Tax Act. Notice under section 153A was issued, in response whereof, the assessee filed his return on 19th February, 2007. It is a fact that the assessee concealed an income of Rs.86,16,319/- for the assessment year 2000-01. Similarly, undisclosed income fo...
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