Kolkata Court September 2015 Judgments
Esbi Hiflex Pvt. Ltd. and Anr. Vs. Vulkan Technologies Pvt. Ltd.
Court: Kolkata
Decided on: Sep-30-2015
C.S.No.179 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ESBI HI-FLEX PVT.LTD.& ANR. versus VULKAN TECHNOLOGIES PVT.LTD.For the Plaintiffs : Mr.Ahin Chowdhury, Sr.Advocate Mr.R.Bhattacharyya, Advocate Mr.A.Kankani, Advocate Mr.S.Pandey, Advocate For the Defendant : Mr.Jishnu Saha, Sr.Advocate Mr.Rupak Ghosh, Advocate Mr.T.Saha, Advocate Hearing concluded on : September 9, 2015 Judgment on : September 30, 2015 DEBANGSU BASAK, J. The plaintiffs seek compensation for alleged defamatory statement made by the defendant. The plaintiff No.1 is a manufacturer of couplings. The plaintiff No.2 is its associate engaged in the business of export of products manufactured by the plaintiff No.1. The plaintiff No.2 is a member of the Engineering Export Promotion Council. Det Norske Veritas AS (DNV) is an authorised certified classification agency. DNV has inspected and certified couplings manufactured by the plaintiff No.1. According to the plaintiffs, they received an inf...
Tag this Judgment!Bharat Coking Coal Ltd. Vs. Turner Morrison Ltd. and Anr.
Court: Kolkata
Decided on: Sep-30-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Soumen Sen GA No.2797 of 2013 CS No.11 of 2013 Bharat Coking Coal LTD.Versus Turner Morrison LTD.& Anr. For Bharat Coking Coal LTD.: Mr.Mr.Mr.Mr.For Turner Morrison LTD.: Mr.S.K.Kapoor, Sr.Advocate Mr.Ranjan Bachawat, Sr.Advocate Mr.Ratnanko Banerjee, Sr.Advocate Ms.Lopita Banerjee, Advocate Mr.S.Ganguly, Advocate Heard on : 10.09.2015; 17.09.2015; 29.09.2015. Judgment on : 30th September, 2015 Soumen Sen, J:- Turner P.K.Dutta, Sr.Advocate R. Dutta, Advocate S.Prasad, Advocate P.Basu, Advocate Morrison Limited has filed this application for dismissal of the suit on the ground that the plaint does not disclose any cause of action. The applicant says that the plaintiff has filed a suit praying, inter alia, for a declaration that there was no relationship between the plaintiff and the defendant as landlord and tenant, although the plaintiff by several communications and pleadings filed in earli...
Tag this Judgment!Commissioner of Income Tax, Kol2, Kolkata Vs. Sunny Trexim Pvt. Ltd.
Court: Kolkata
Decided on: Sep-30-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE GA2348of 2015 ITAT99of 2015 COMMISSIONER OF INCOME TAX, KOL-2, KOLKATA VERSUS SUNNY TREXIM PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date : 30th September, 2015. Mr.S.Bhattacharyya, Adv.Mr.J.P. Khaitan, Sr.Adv.Mr.Ananda Sen, Adv.Mr.Biswajit Mal, Adv.The Court : The application, being GA2348of 2015, has been preferred by the appellant/revenue to file Memorandum of Appeal from the order dated 29th January, 2015 passed by the Income Tax Appellate Tribunal, Kolkata in ITA No.544/Kol/2012 and ITA No.881/Kol/2012 relating to the assessment year 2008-09. Mr.Bhattacharyya, learned advocate appearing for the appellant, referring to the assessment order, submits that since the substantial questions of law have arisen, the appeal may be directed to be admitted. Mr.Khaitan, learned senior advocate appearing for the assessee, submits that since the Tribunal has gone in...
Tag this Judgment!Bengal India Global Infrastructure Ltd. Vs. Chaitainya Alloys Pvt. Ltd ...
Court: Kolkata
Decided on: Sep-29-2015
In the High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA3326of 2013 CS231of 2013 Bengal India Global Infrastructure LTD.-vs.Chaitainya Alloys PVT.LTD.& Ors Before : The Honble Justice Arijit Banerjee For the plaintiff : Mr.Pramit Roy, Sr.Adv.For the defendant/ : Ms.Usha Doshi, Sr.Adv.Applicant Nos.2 to 9 Ms.Sharmistha Pal, Adv.Heard On 12/09/2014 : 26/11/2013, 7/08/2014, 14/08/2014 & CAV On : 17/04/2015 Judgment On : 29/09/2015 Arijit Banerjee, J.: (1) This application has been taken out by one of the defendant banks for deletion of its name from the array of the defendants impleaded in the suit. (2) The plaintiff and the defendant No.1 are Limited Companies. The defendant Nos.2 to 9 are all nationalized banks. The case pleaded in the plaint is that since 2012 , the plaintiff from time to time sold and delivered diveRs.quantities of MS scraps, TMT baRs.MS angles, MS channels etc.to the defendant No.1 valued at Rs.36,15,57,600/-. The defendant No.1 received an...
Tag this Judgment!Kanak Projects Limited Vs. Amirta Bazar Patrika Pvt. Ltd. and Ors.
Court: Kolkata
Decided on: Sep-29-2015
GA No.3026 of 2015 GA No.3057 of 2015 APOT No.445 of 2015 CS No.37 of 1998 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KANAK PROJECTS LIMITED Versus AMIRTA BAZAR PATRIKA PVT.LTD.& ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 29th September, 2015. For Appellant : Mr.S.N.Mitra, Sr.Advocate Mr.Aniruddha Ray, Advocate For Respondent No.1 : Mr.Jishnu Saha, Sr.Advocate Mr.S.Dasgupta, Mr.Pratik Ghosh and Mr.Sayak Mitra, Advocates For Additional Defendant : Mr.Ratnanko Banerji, Sr.Advocate Mr.Kuldip Mallick, Advocate The Court : Having heard the learned Counsel for the appellant, the delay of more than 200 days in preferring the appeal is condoned. The application being GA No.3026 is disposed of. The present appeal is filed challenging the order dated 14.11.2014 allowing a prayer for addition of a third party by the name of M/S.Siddharth Fabricators PVT.LTD.as defendant in the suit. As could be ascertained fro...
Tag this Judgment!Turner Morrison Limited Vs. Bharat Coking Coal Ltd.
Court: Kolkata
Decided on: Sep-29-2015
ORDER SHEET GA800of 2013 CS45of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TURNER MORRISON LIMITED Versus BHARAT COKING COAL LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th September, 2015. Appearance: Mr.S.K.Kapoor,Sr.Adv.Mr.R.Bachawat, Sr.Adv.Mr.R.Banerjee, Sr.Adv.Mrs.L.Banerjee, Adv.Mr.S.Ganguly, Adv..for T.M.LTD.Mr.P.K.Dutta, Sr.Adv.Mr.R.Dutta, Adv.Mr.S.Prasad, Adv.Mr.P.Basu, Adv..for the BCCL. The Court: This is an application under chapter 13A of the Original Side Rules of our High Court, the plaintiff claims to be 17,000 Sq.Ft. the owner more or of less a very valuable situated at property the 6, of Lyons Range,Kolkata 700001 which is a business hub of the city. The plaintiff files a suit for recovery of possession after serving a notice under Section 106 of the Transfer of Property Act. That the relationship of the parties is governed by the provision of Transfer of Property Act is not disputed having regard to the composition ...
Tag this Judgment!Jasvinder Singh Vs. Commissioner of Income Tax
Court: Kolkata
Decided on: Sep-29-2015
ORDER SHEET ITA484OF2005IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE JASVINDER SINGH Versus COMMISSIONER OF INCOME TAX DIT(IT) KOLKATA AND ANOTHER BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 29TH September, 2015. For appellant : Mr.M.P.Dhudhoria,Advocate For Respondent/revenue : Mr.M.P.Agarwal,Advocate SOUMITRA PAL,J.:This Income-Tax appeal relating to the assessment year 2000-2001 was admitted on the following substantial question of law : Whether the petitioner is entitled to get the benefit under the provisions of section 44AE(1) and 44AE(2) of the Income Tax Act, 1961 ?. Heard Mr.Prithu Dhudhoria, learned advocate for the appellant and Mr.M.P.Agarwal, learned advocate for the respondent/revenue. It appears that the assessment was completed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the said Act).During assessment it was found that the appellant derived higher income of Rs.12...
Tag this Judgment!Dinesh Mehta Vs. Shantilal Mehta
Court: Kolkata
Decided on: Sep-24-2015
In the High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA1055of 2012 CS22of 2012 Dinesh Mehta -vs.Shantilal Mehta Before : The Honble Justice Arijit Banerjee For the petitioner : Mr.P.K. Dutta, Sr.Adv.Mr.R.Dutta, Adv.Mr.S.Bose, Adv.For the defendant : Mr.Samit Talukdar, Sr.Adv.Mr.Aniruddha Roy, Adv.Ms.Sudeshna Bagchi, Adv.Mr.D.Dutta, Adv.Heard On : 14th May, 2015 Judgment On : 24/09/2015 Arijit Banerjee, J.: (1) This application has been taken out by the defendant praying that the leave granted under Cl. 12 Letters Patent be revoked, the plaint filed in the suit be taken off the record and the suit be dismissed. (2) The case pleaded in the plaint is that the plaintiff is the director of various companies namely Rooprekha Sales PVT.LTD.Gunmala Sales PVT.Ltd., Phalguni Goods PVT.LTD.and Fast Flow DealCo.PVT.LTD.all having their registered offices at 2, Raja, Woodmunt Street, 3rd Floor, Calcutta-700001. The defendant is the director of four companies namely, Navk...
Tag this Judgment!Hahnemann Laboratory Ltd. and Anr. Vs. Allahabad Bank and Ors.
Court: Kolkata
Decided on: Sep-24-2015
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP656of 2006 Hahnemann Laboratory LTD.& Anr. -Vs.Allahabad Bank & ORS.Before For the petitioner Adv.: The Honble Justice Arijit Banerjee : Mr.Bikash Ranjan Bhattacharya, Sr.Mr.Probal Mukherjee, Sr.Adv.Mr.Satarup Banerjee, Adv.Mr.Sudip Deb, Adv.Mr.Arnob Mukherjee, Adv.Mr.Modhurima Mukherjee, Adv.For the respondent : Mr.Partha Bhattacharya, Adv.Heard On : 27/04/15, 14/05/15, 04/08/15 & 13/08/15 CAV On : 20/8/15 Judgment On : 24/09/15 Arijit Banerjee, J.: (1) The writ petitioner company is aggrieved by a debit entry dated 16th January, 2004 in its A/c No.CA-300077 for the sum of Rs.6,03,368.40/-. The petitioners contend that the said account has been wrongly debited by the respondent bank purportedly on the basis of a demand dated 10th January, 2004 under Section 27 of the Bihar Financial Act, 1981 made on the respondent No.5. The petitioner prays for an order in the nature of mandamus directing the respondent No...
Tag this Judgment!Rooprekha Sales Pvt. Ltd. Vs. Navkar Buildwell Pvt. Ltd.
Court: Kolkata
Decided on: Sep-24-2015
In the High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA1032of 2012 CS64of 2012 Rooprekha Sales PVT.LTD.-Vs.Navkar Buildwell PVT.LTD.Before : The Honble Justice Arijit Banerjee For the petitioner : Mr.P.K. Dutta, Sr.Adv.Mr.R.Dutta, Adv.Mr.S.Bose, Adv.For the defendant : Mr.Samit Talukdar, Sr.Adv.Mr.Aniruddha Roy, Adv.Ms.Sudeshna Bagchi, Adv.Mr.D.Dutta, Adv.Heard On : 14th May, 2015 Judgment On : 24/09/2015 Arijit Banerjee, J.: (1) This application has been taken out by the defendant praying that the leave granted under Clause 12 of the Letters Patent be revoked, the plaint filed in the suit be taken off the record and the suit be dismissed. (2) The case pleaded in the plaint is that sometime in January, 2010, the defendant approached the plaintiff at its then registered office at 38, Bentinck Street, 2nd Floor Room No.7, Calcutta 1 within the jurisdiction of this court for financial assistance for the purpose of expanding its business. An oral agreement was ...
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