Kolkata Court July 2015 Judgments
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Viswanath Agarwal Vs. The Registrar of Companies , West Bengal
Court: Kolkata
Decided on: Jul-21-2015
OD-88 CA No.423 of 2015 CP No.936 of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER : MEGHDOOT SERVICES LTD.-ANDIN THE MATTER OF : VISWANATH AGARWAL -VSTHE REGISTRAR OF COMPANIES , WEST BENGAL BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 21st July, 2015. Appearance: Mr.S.N. Mookerji, Sr.Adv.Mr.Ratnanko Banerji, Sr.Adv.Mr.Kuldeep Mallick, Adv.The Court : The application is for recalling of an order passed on a petition under Section 560(6) of the Companies Act, 1956, by which a company whose name had been struck off was permitted to be revived. The primary ground urged by the applicant is that the petition under Section 560(6) of the Act was not filed by a creditor or a shareholder of the concerned company or by the company itself and, as such, it could not have been received by the Court. It is the further grievance of the applicant that the applicant had no notice or knowledge of such petition. The name of the company was not struck off for any apparent d...
Varun Tea Plantations Ltd. Vs. Rama Devi and Ors.
Court: Kolkata
Decided on: Jul-20-2015
ORDER SHEET G.A.No.44 of 2015 With C.S.No.434 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE VARUN TEA PLANTATIONS LTD.Versus RAMA DEVI & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 20th July, 2015. Appearance: Mr.Ratnanko Banerjee, Sr.Adv.Mr.Shaunak Mitra, Adv.Ms.Urmila Chakraborty, Adv.Mr.Sanjay Jhunjhunwala, Adv. for the petitioner Mr.Swapan Kr. Mullick, Adv. for the respondent no.2 Mr.Sabyasachi Chowdhury, Adv. for the respondent Nos.4 and 5 The Court: The plaintiff has filed a suit for specific performance of an Agreement dated 24th January, 2014. In the said suit the plaintiff has also claimed the money decree for a sum of Rs.37,60,044/- as prayed in paragraph 20 of the plaint. A further amount of Rs.22,24,860/- is claimed on account of damages alleged to have suffered by reason of failure on the plaintiff to supply the minimum guaranteed green tea leaves. The plaintiff alleges that in January 2014, one Ramesh Agarwal, on behalf of h...
Ruchir Jain Vs. Merlin Tf Lake View and Ors.
Court: Kolkata
Decided on: Jul-20-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA3949of 2014 With CS424of 2014 RUCHIR JAIN Versus MERLIN TF LAKE VIEW & ORS.GA414of 2014 With CS424of 2014 RUCHIR JAIN Versus MERLIN TF LAKE VIEW & ORS.GA512of 2015 With CS424of 2014 RUCHIR JAIN Versus MERLIN TF LAKE VIEW & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th July, 2015. Appearance: Mr.Arindam Mukherjee, Adv..for the plaintiff. Mr.Ahin Chowdhury, Sr.Adv..for the added defendants. Mr.Abhrajit Mitra, Adv..for the defendant nos.1 to 3. The Court: The plaintiff has filed a suit for management and administration of the suit premises and especially the maintenance and administration of common area facilities and services at the said premises. The said suit was filed under Order 1 Rule 8 of the Code of Civil Procedure. However, none had come to support the plaintiff pursuant to the advertisement. The plaintiff remained as the lone voice to agitate their grievance with regard to lac...
Commissioner of Income Tax Cal West Bengaliv Vs. M/S. Hanuman Sugar In ...
Court: Kolkata
Decided on: Jul-17-2015
ITA52of 2002 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX CAL WEST BENGAL-IV Versus M/S.HANUMAN SUGAR INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Honble JUSTICE ARINDAM SINHA Date : 17th July, 2015. For the appellant : Mr.S.B.Saraf,Advocate For the respondent : Mr.Sanjay Bhowmik,Advocate The Court : - The subject matter of challenge in the appeal is a judgment and order dated 16th April, 2001 pertaining to the assessment years 1990-91 and 1991-92. The learned Tribunal held, inter alia, as follows : When we look at the facts of the case, we find that the department has raised rather a very lame excuse in disallowing the claim of the assessee towards interest payment on the ground that the assessee did not debit the interest amounts in its accounts for the respective years upto the assessment year 199192. As has been discussed by the CIT(A) in his appellate order for the assessment year 1991-92, the book ...
Shri Venkataswara Charity Trust Vs. Deputy Director of Income Tax(Exem ...
Court: Kolkata
Decided on: Jul-17-2015
ORDER SHEET GA44462004; ITA8482004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(income tax) ORIGINAL SIDE SHRI VENKATASWARA CHARITY TRUST Versus DEPUTY DIRECTOR OF INCOME TAX(EXEMPTION-I).KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 17th July, 2015. Mr.Ananda Sen, Adv.for appellant. Mr.R.Sinha, Adv.with Mr.Nizamuddin, Adv., for respondents. The Court : The subject matter of challenge in this appeal is a judgment and order dated May 26, 2004, passed by the learned Income Tax (Appellate Tribunal) pertaining to the assessment year 1996-97. The questions of law were formulated at the time of admission of the appeal which are set out below: (i) Whether on the facts and circumstances of the case, the decision of the learned Tribunal was justified in the facts of the case in refusing the benefit of accumulation u/s.11(2) of the Act when the petitioner had accumulated an amount of Rs.2,91,581/- and claimed the benefit u/s.11(2) o...
M/S. Maa Enterprise Vs. Union of India
Court: Kolkata
Decided on: Jul-16-2015
OD-38 A.P.No.574 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.MAA ENTERPRISE Versus UNION OF INDIA Appearance Mr.Anirban Roy, Adv.Mr.Tanay Chakraborty, Adv.Mr.Chhandak Dutta, Adv.Mr.B.S.Sinha Roy, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 16, 2015. The Court : The request under Section 11 of the Arbitration and Conciliation Act, 1996 has been carried by a contractor following the failure of the appointing authority recognised in the arbitration agreement to constitute an arbitral tribunal to adjudicate upon the disputes raised by the petitioner. The arbitration agreement is contained in clause 25 of the special conditions governing the contract. Most of the arbitration agreement is not in dispute, except the following :It is also a term of this contract that no person, other than a person appointed by such Chief Engineer CPWD or Additional Director General or Director General of works, CPWD as aforesaid, should act as ar...
Nawdeep Singh Vs. The official Liquidator, High Court,
Court: Kolkata
Decided on: Jul-15-2015
ORDER SHEET SHEET NO.1 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction CA No.401 of 2013 CA No.342 of 1998 CA No.431 of 2012 CP No.90 of 1983 IN THE MATTER OF:ANGELO BROTHERS LTD.(IN LIQUIDATION) & ORS.AND IN THE MATTER OF:NAWDEEP SINGH Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA. CA No.119 of 2015 CP No.90 of 1983 IN THE MATTER OF:ANGELO BROS LTD.(IN LIQUIDATION) & ORS.AND ANGELO BROTHERS LTD.CA No.136 of 2015 CP No.90 of 1983 IN THE MATTER OF:ANGELO BROS LTD.(IN LIQUIDATION) & ORS.VS THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA. CA No.232 of 2015 CP No.90 of 1983 CA No.136 of 2015 IN THE MATTER OF:ANGELO BROS LTD.(IN LIQUIDATION) & ORS.AND ANGELO BROTHERS LTD.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 15th July, 2015. Appearance:Mr.N.S.Hoon appeaRs.Mr.Deepak Khosla, Advocate appeaRs.Mr.Mihir Kundu, Advocate..for P.F.authority Mr.Nirmalya Dasgupta, Advocate. Mr.R.L.Mitra, Advocate. for K.N.Fatehpuria. Mr.Rajiv Lall, Advocate. Mr.S.C.Prasad, Advocate..for the Offi...
Smt. Rita Pal and Ors. Vs. Smt. Anima Paul and Anr.
Court: Kolkata
Decided on: Jul-15-2015
ORDER SHEET GA741of 2014 With CS5of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. RITA PAL & ORS.Versus SMT. ANIMA PAUL & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 15th July, 2015. Mr.S.N.Mitra, Sr.Adv.Mr.Amitava Das,Adv.Mr.S.Sarkar, Adv.Mr.A.C.Kar, Adv.The Court: The plaintiffs have filed a suit for partition of the movable properties named in Annexure C to the petition. The plaintiffs and the defendant no.2 are the sons and daughters of one Niranjan Paul (since deceased).The defendant no.1 is the wife of late Niranjan Paul and is a mother of the plaintiffs and the defendant no.2. The plaintiffs claimed that during the lifetime of their father a partnership deed was entered into between Sr.Niranjan Paul (since deceased) and Sr.Ashim Kumar Paul which owns a business by the name of M/S.Niranjan Paul and JewelleRs.The said firm was constituted after dissolution with the assets of the earlier partnership firm namely, M/S.Netai Chandra ...
Gammon Encee Consortium Jv Vs. Rites Limited
Court: Kolkata
Decided on: Jul-14-2015
AP No.709 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION GAMMON ENCEE CONSORTIUM JV -VersusRITES LIMITED For the Petitioner: Mr Utpal Bose, Sr Adv., Mr Swatarup Banerjee, Adv. Mr Rohit Mukherji, Adv., Ms Anindita Ghosh, Adv. For the Respondent: Mr Mr Mr Mr Jishnu Chowdhury, Adv., Rupak Ghosh, Adv., Chayan Gupta, Adv., D. R. Basu, Adv. Heard on: July 9, 2015. BEFORE SANJIB BANERJEE, Judge Date: July 14, 2015. SANJIB BANERJEE, J.: The rationale of the modern day mantra evident in the judge-made law ruling the field on the matters in issue has been questioned by the respondent. To the extent that the reasonableness of the principle enunciated has been challenged, Article 141 of the Constitution of India is a complete answer; but in the applicability of the rule to the present facts, the journey that has to be charted will involve a discussion on the life of the rule, seeing it with both logic and experience.2. The petition is under Sections 14 and 15 of the Ar...
M/S. Qvc Exports Pvt. Ltd. Vs. M/S. Src Udyog Ltd.
Court: Kolkata
Decided on: Jul-14-2015
ORDER GA No.360 of 2012 With CS No.288 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.QVC EXPORTS PVT.LTD.Versus M/S.Sr.UDYOG LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th July, 2015. Appearance: Mr.Subhashis Sengupta, Adv.Mr.Jayanta Sengupta, Adv.for the petitioner. The plaintiff has filed this application under Chapter 13A of the Original judgment. Side Rules of this High Court for a summary The basis of the claim appears to be that in terms of the agreement dated 24th March, 2011 for supply of 1000 MT of Silico Manganese. A purchase order was issued being purchase order no.l0-11/073 dated 24th March, 2011 in terms of the purchase order. The plaintiff was to make payment of Rs.1 crore as advance on the basis of price mutually fixed at Rs.49,000/- per MT. The plaintiff paid the aforesaid sum by a cheque dated 29th March, 2011. The defendant although has accepted the said payment but had failed, neglected and refused to make delive...
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