Kolkata Court August 2015 Judgments
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Dulal Ch. Bhar and Dhananjoy Bhar Vs. Sm. Urmila Bhar and Ors.
Court: Kolkata
Decided on: Aug-19-2015
ORDER SHEET TS No.3 of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE GOODS OF : DULAL CH. BHAR & DHANANJOY BHAR Versus SM. URMILA BHAR & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 19th August, 2015. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Rajarshi Dutta, Adv.Mr.Koushik Chatterjee, Adv.The Court :- An application for grant of probate of the Will of the deceased has been marked as a contentious cause and is being heard as such. At the commencement of examination in chief of the second witness for the plaintiff and on several occasions thereafter repeated prayers for adjournments have been made on behalf of the defendant. The learned Advocate for the defendant submits that he has been briefed in the matter today itself and, therefore, he is not in a position to cross-examine the second witness of the plaintiff. Learned Advocate for the plaintiff strenuously opposes the prayer for adjournment. He points out that the hearing of t...
Calcutta Stock Exchange Ltd. Vs. Anuradha Malik
Court: Kolkata
Decided on: Aug-19-2015
ORDER SHEET GA No.1441 of 2015 CS No.38 of 2004 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CALCUTTA STOCK EXCHANGE LTD.Versus ANURADHA MALIK BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 19th August, 2015. Mr.Mr.Mr.Mr.Mr.Mr.Mr.Surojit Nath Mitra, Sr.Adv.Anirban Roy, Adv.Ajay Gaggar, Adv.Satadeep Bhattacharya,Adv.Sanket Sarawgi, Adv.Ashok Bose, Adv.Amlan Guha, Adv.for the defendant/petitioner Mr.Moloy Ghosh, Sr.Adv.Mr.Rupak Ghosh, Adv.Mr.Kaushik Chatterjee, Adv.Ms.Shrayashee Saha, Adv.Mr.Gautam Das, Adv.for the plaintiff/respondent The Court : The defendant in a suit for recovery of money has applied for recalling of a decree dated November 14, 2014 passed ex parte against her. It is submitted on behalf of the defendant that the writ of summons of the suit has not been served upon her. It is contended that, she is presently a resident of Gurgaon and that, the last address of the defendant at Kolkata was known to the plaintiff. She was a stock br...
Lumino Industries Ltd. Vs. Fedders Lloyd Corporation Ltd. and Anr.
Court: Kolkata
Decided on: Aug-17-2015
ORDER SHEET GA2277of 2013 With CS117of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LUMINO INDUSTRIES LTD.Versus FEDDERS LLOYD CORPORATION LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 17th August, 2015. Mr.Abhrajit Mitra, Sr.Adv.Ms.Rajshree Kajarea, Adv.Mr.Jishnu Chowdhury, Adv.Mr.S.Mukherjee, Adv.Mr.Soumabho Ghosh, Adv.Miss Sonia Sharma, Adv..for the plaintiff/respondent. Mr.Krishnaraj Thakker, Adv.Mr.S.Banerjee, Adv.Mr.S.K.Ray, Adv.Ms.Sanandita Chakraverty, Adv..for the defendant no.1/ petitioner. The Court: This is an application at the instance of the defendant no.1 for rejection of the plaint on the ground of forum selection clause in the purchase order. The plaintiff has filed a suit praying, inter alia, for a money decree for a sum of Rs.1,71,12,683/- against the defendants and for a perpetual injunction restraining the defendant no.2 for making any payment against the bank guarantee and the defendant no.1 from receiving or de...
Eastern Comnets Ltd. and Ors. Vs. Kaustav Ray and Ors.
Court: Kolkata
Decided on: Aug-17-2015
ORDER GA No.3586 2014 CS No.163 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction EASTERN COMNETS LTD.& ORS.Versus KAUSTAV RAY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 17th August 2015. Appearance: Mr.Jishnu Chowdhury, Adv.Mr.Rupak Ghosh, Adv.Mr.Aritra Basu, Adv.Mr.Dwipraj Basu, Adv.Mr.Sarathi Dasgupta, Adv.Ms.Ahana Sikdar, Adv.This is an application attachment before judgment. for judgment upon admission and The respondent No.2 is a manufacturer of computers and allied products. The respondent No.3 is carrying on business as a system integrator and software developer. The respondent No.3 is also a supplier of computers to various big corporate houses and government organizations. The respondent No.2 was looking for a distributor for its product. During such enquiry, the respondent No.2 came across the petitioner No.1 and a mutual agreement was entered into between the petitioner No.1 and the respondent No.2 on 16th November 2010 to remain valid till ...
C.I.T. , Centraliii Vs. Xylon Liquidator Distilleries and Vinter Ltd.
Court: Kolkata
Decided on: Aug-17-2015
ORDER SHEET ITA524OF2004IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T., CENTRAL-III Versus XYLON LIQUIDATOR DISTILLERIES & VINTER LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date : 17th August, 2015. For appellant : Md.Nizamuddin,Advocate The Court : It is submitted by Mr.Nizamuddin, learned advocate for the appellant that the envelopes containing the stay petition and memorandum of appeal sent twice to the assessee have come back with the postal endorsement gone away and thereafter it was found from the website of the Ministry of Corporate Affairs that the address of the assessee where the envelopes were sent, was the proper address. Therefore, the learned Central Government advocate is directed to affirm and file affidavit of service annexing the envelopes since returned and the information downloaded from the website of the Ministry of Corporate AffaiRs.Heard Mr.Nizamuddin, learned advocate for the appellant. ...
Commissioner of Income Tax, Kolkataiv Vs. Alcove Industries Limited
Court: Kolkata
Decided on: Aug-17-2015
ORDER SHEET ITA NO.724 OF2004IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-IV Versus ALCOVE INDUSTRIES LIMITED BEFORE: The Hon'ble JUSTICE SOUMITRA PAL AND The Hon'ble JUSTICE MIR DARA SHEKO Date: 17th August, 2015 Appearance Mr.S.N. Dutta, Adv..for the appellant Mr.Anupa Banerjee, Adv..for the respondent This appeal, under section 260A of the Income Tax Act, 1961 (for short the Act).has been preferred by the appellant against the order dated 30th April, 2004 passed by the Income Tax Appellate Tribunal, Kolkata in ITA Nos.915 and 916 9Kol) of 1999 for the assessment years 1995-96 and 1996-97. The appeal was admitted on the following substantial questions of law: (i) Whether the I.T.A.T.erred in law in reversing its own ex parte order passed in the matter based on the identical issue and existing facts and whether such change of opinion is sustainable in law?. (ii) Whether the Income Tax Appellate Tribunal was justified...
Smt. Sarala Devi Kanoria Vs. State Bank of India
Court: Kolkata
Decided on: Aug-14-2015
ORDER SHEET WP No.2410 of 2003 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. SARALA DEVI KANORIA Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th August, 2015. Appearance: Mr.Jaydip Kar, Sr.Adv.Mr.Nilay Sengupta, Adv.Mr.Arik Banerjee, Adv.The Court : This writ application is filed by the wife and daughters of late Janardan Prasad Kanoria. Mr.J.P.Kanoria was a director of the Empire Jute Co.LTD.enjoying various credit The Empire Jute Co.LTD.was facilities. The respondent bank, in consideration of extending such credit facilities, required the directors to execute deed of guarantee. Pursuant thereto and as a condition precedent to such credit facilities, Mr.Kanoria has executed a deed of guarantee. The contention of the petitioner is that the guarantee furnished by Mr.Kanoria could not have been invoked by reason of the fact that the bank had entered into an agreement with the Empire Jute Co.LTD.and has agreed amount. satis...
Jogendra Nath Mullick Vs. Kanto Mohan Mullick and Ors.
Court: Kolkata
Decided on: Aug-14-2015
ORDER SHEET GA3163of 2013 CS366of 1937 GA2609of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JOGENDRA NATH MULLICK Versus KANTO MOHAN MULLICK & ORS. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :14. h August, 2015. Appearance: Mr. Debmalya Ghosal, Adv. Mr. Arnab Dutt, Adv. Mr. I.P. Mullick, Adv. Ms. Saddhi Mallick, Adv. for the plaintiff. Mr. Arijit Basu, Adv. for the tenant. The Court: This application has been filed by one of the legal heirs and successors of the original admittedly a Shebait of Debutter estate. plaintiff who is This application is filed alleging that M/s. A.S. Highrise Pvt. Ltd. has parted with possession of the rooms and/or portion thereof at the ground floor in violation of the order of injunction which restrains the said tenant to occupation. part with possession of the said area under their It is stated in the petition that M/s. A.S. Highrise Pvt. Ltd. is a tenant in respect of the rooms at the ground floor and an applicat...
C. I. T. Kolkata – Xv Vs. Tara Chand Mahipal
Court: Kolkata
Decided on: Aug-13-2015
ORDER SHEET ITA686OF2004IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T. KOLKATA XV Versus TARA CHAND MAHIPAL BEFORE: The Honble JUSTICE SOUMITRA PAL The Honble JUSTICE MIR DARA SHEKO Date : 13th August, 2015 For appellant: Mr.M.P.Agarwal, For Respondent/Assessee : Mr.S.S.Banerjee, Mr.Aritra Basu, Mr.Arka Banerjee, Advocate Advocate Advocate Advocate The Court : The instant income tax appeal was admitted on the following substantial questions of law: 1. Whether, on the facts and in the circumstances of the case, the order of the Income-tax Appellate Tribunal deleting the addition of Rs.8.45,247 under section 69 of the Income-tax Act, 1961, is perveRs.on the facts and erroneous in law?.2. Whether on the facts and in the circumstances of the case, the order of the Income-tax Appellate Tribunal deleting the addition of capital gains of Rs.25,00,000/- received on surrender of tenancy right under section 55(2)(a) of the Income-tax Act, is perveRs.on fact...
Commissioner of Income Tax, Kolkata 3, Kol. Vs. Pataka Iindustries Pri ...
Court: Kolkata
Decided on: Aug-12-2015
ORDER SHEET G.A.No.1863 of 2015 ITAT85of 2015 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA - 3, KOL. Versus PATAKA IINDUSTRIES PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date : 12TH AUGUST , 2015. For appellant : Mr.R.N.Bandyopadhyay ,Advocate Mr.Soumitra Mookherjee,Advocate For respondent/assessee : Mr.J.P.Khaitan,Sr.Advocate Mr.S.Das,Advocate The Court : This application has been filed praying for admission of an appeal under section 260A of the Income-tax Act, 1961 against the order dated 21st November, 2014 passed by the Income Tax Appellate Tribunal, B Bench, Kolkata in ITA No.1450/Kol/2011 (DCIT, Central CircleVIII, Kolkata versus M/S.Pataka Industries Pvt.Ltd., Kolkata) for the assessment year 2003-04. The appellant has prayed for admission of the appeal on the two questions set out hereinbelow: 1. Whether on the facts and in the circumstances of the case and in ...
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