Kolkata Court September 2015 Judgments
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Mak Engineering Industries Ltd. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Sep-07-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA2911of 2012 CS338of 2012 MAK ENGINEERING INDUSTRIES LTD.Versus UNION OF INDIA & ORS.GA2300of 2012 With CS263of 2012 EASTERN TRACK UDYOG PVT.LTD.Versus UNION OF INDIA & ORS.GA2735of 2012 With CS296of 2012 EASTERN TRACK UDYOG PVT.LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 7th September, 2015. Mr.Jishnu Saha, Sr.Adv.Mr.Raja Basu Chowdhury, Adv.Mr.D.N.Ghosh, Adv.Mr.L.K.Chatterjee, Sr.Adv.Ms.Aparna Banerjee, Adv.The Court: The Court: Since the issues involved in all the three applications are similar and identical, the said three matters are heard analogously and disposed of by this order. The plaintiff is aggrieved by the notices issued by Research Designs and Standards Organization (RDSO).a wing of the Ministry of the Railways. The plaintiff supplies elastic rail clips to the railways. According to them these clips were duly supplied to the railways. They were not re...
Pawan Properties Vs. Biswanath Agarwal
Court: Kolkata
Decided on: Sep-07-2015
ORDER SHEET GA No.2614 of 2015 CS No.619 of 1985 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PAWAN PROPERTIES Versus BISWANATH AGARWAL BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 7th September, 2015. Appearance: Mr.Parthasarathi Sengupta, Sr.Adv.Mr.Sabyasachi Chowdhury, Adv.Mr.Srenik Singhvi, Adv.Mr.Shubradip Roy, Adv.Mr.Sudip Deb, Adv.Ms.Iran Hasan, Adv.The Court: The applicant defendant no.2C has prayed that the disputes in suit be referred to arbitration by invoking Section 8 of the Arbitration & Conciliation Act, 1996. Mr.Deb, learned Advocate appearing on behalf of the applicant has drawn attention to the agreement dated 13th October, 1982 annexed to the application and he submits the disputes in suit arise or relate to the rights of parties declared under that agreement. Clause 17 of that agreement is the arbitration clause as is set out below: 17. It is hereby further agreed by and between the parties hereto that all and every dispute wh...
Skinmax Corporation Vs. Commissioner of Income Tax Kolkata Xiii
Court: Kolkata
Decided on: Sep-07-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA318of 2005 SKINMAX CORPORATION Versus COMMISSIONER OF INCOME TAX KOLKATA XIII BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date : 7th September, 2015. For appellant/assessee For respondent/revenue: Mr.J.P. Khaitan, Sr.Mr.Sanjay Bhowmick, Mr.A.K. Dey, Mr.Md.Nizamuddin, Adv.Adv.Adv.Adv.Soumitra Pal, J.:- The Court : This appeal, preferred under Section 260A of the Income Tax Act, 1961 against the order dated 31st March, 2005 passed by the Income Tax Appellate Tribunal, Kolkata, relating to the assessment year 2001-02, was admitted on the following substantial questions of law: i].Whether the Tribunal exceeded its jurisdiction in raising and deciding the question of applicability of Section 40A(3) of the Income Tax Act, 1961 in respect of purchases made by the appellant when the said question did not form subject matter of the appeals before the Tribunal and in any e...
Triyogi Narayan Singh Vs. Container Corporation of India
Court: Kolkata
Decided on: Sep-04-2015
OD-18 AP No.1509 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TRIYOGI NARAYAN SINGH -VersusCONTAINER CORPORATION OF INDIA LIMITED Appearance: Mr.S.N.Mookherjee, Sr.Adv.Mr.Tilok Bose, Sr.Adv.Mr.Rudraman Bhattacharyya, Adv.Mr.Mohit Gupta, Adv.Ms.Sanghamitra Mukherjee, Adv...for the petitioner. Mr.P.D.Mukherjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 4, 2015. The Court : The grievance of the petitioner is that a contract awarded by the respondent corporation by the issuance of a letter of intent has been arbitrarily terminated for a minor mistake committed by the petitioner while obtaining the tender documents. The tender documents stipulated that a micro or a small enterprise registered with the Micro, Small and Medium Enterprises Department of the Central Government would be exempted from paying the costs of the tender papers of Rs.2500/- and would also be exempted from putting in the earnest dep...
Shyam Burlap Company Ltd. Vs. Commissioner of Income Tax, Centrali , K ...
Court: Kolkata
Decided on: Sep-04-2015
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. ITA No.163 of 2005 Shyam Burlap Company LTD.Versus Commissioner of Income Tax, Central-I , Kolkata For the Appellant : Mr.J.P.Khaitan, Senior Advocate, Mr.Sanjoy Bhowmick, Advocate, Mr.C.S.Das, Advocate. For the Respondent : Mr.M.P.Agarwal, Advocate. Heard on : 18/6/15, 19/6/15, 22/6/15, 23/6/15, 24/6/15 and 26/6/15 Judgment on : 4th September, 2015 Soumitra Pal, J.:- 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 14th December, 2004 passed by the Income Tax Appellate Tribunal, Kolkata in ITA Nos.1276 (Kol) of 2004 for the assessment year 1996-97. The appeal was admitted on the following substantial questions of law: i) Whether the Tribunal was justified in law in holding that the appellant could not claim the assessment of the rental inc...
Samvardhana Motherson Refrigerat Ion Product Ltd. Vs. West Bengal Stat ...
Court: Kolkata
Decided on: Sep-03-2015
OD-17 3/9/15 AP1503of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION SAMVARDHANA MOTHERSON REFRIGERAT ION PRODUCT LTD.Versus WEST BENGAL STATE MARKETING BOARD BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd September, 2015. Mr.Sabyasachi Chowdhury,Adv.Mr.Pradeep Kumar, Adv.Mr.S.Mishra, Adv...for the petitioner. Ms.Sutapa Sanyal, Adv.Mr.Debrup Bhattacharjee, Adv.Mr.P.K.Tulsyan, Adv...for the respondent. The Court : - The petitioner complains that the arbitral tribunal has not been constituted by the respondent despite the petitioners request of April 29,2015. The respondent Board suggests that there has been no invocation at all. The arbitration agreement is contained in Clause 14 of the matrix contract of December 8, 2010: 14. All legal matters will be settled within the jurisdiction of Kolkata High Court in case of any dispute arises between the parties, the same shall be referred to arbitration proceedings and the Principal Secretary, Agricultural Mark...
Mr. Samir Bhattacharyya and Anr. Vs. Mr. S. C. Sehgal and Ors.
Court: Kolkata
Decided on: Sep-03-2015
GA No.1316 of 2015 with CS No.268 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Mr.Samir Bhattacharyya & Anr. Versus Mr.S.C. Sehgal & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 3rd September 2015 Appearance: Mr.Jishnu Choudhury, Advocate Mr.S.Ghose, Advocate Mr.Arnab Sarkar, Advocate for the applicant/defendant Mr.Ranjit Kr. Roy, Advocate Mr.H.D. Mondal, Advocate for respondent/plaintiff The Court: An ex parte decree was made by this Court on 10th November 2014. According to the decree, the defendants were directed to pay jointly and severally to the plaintiff a sum of Rs.10 lakhs, as damages together with interest at the rate of 10% p.a.simple interest from the date of the decree till its realisation. This is an application under Order IX Rule 13 of the Code of Civil Procedure to set aside this ex parte decree. It was filed on 22nd April 2015. For adjudging an application to set aside an ex parte decree, the principle of law which is very well establ...
Madhya Pradesh Iron and Steel Co. Ltd. Vs. Bharat Heavy Electricals Lt ...
Court: Kolkata
Decided on: Sep-03-2015
ORDER SHEET GA No.2744 of 2015 APOT No.383 of 2015 AP No.155 of 2006 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE MADHYA PRADESH IRON & STEEL Co.LTD.Versus BHARAT HEAVY ELECTRICALS LTD BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 3rd September, 2015. Appearance: Mr.Ajoy Krishna Chatterjee, Sr.Adv.Mr.D.N. Sharma, Adv.Mr.S.Jain, Adv.For the Appellant. Mr.Pradip Kumar Dutt, Sr.Adv.Mr.Surojit Chakraborty, Adv.Mr.S.Sen, Adv.The Court :- This appeal is against an order dated 6th August, 2015 passed by the Honble Single Bench, rejecting the application of the appellant, under Section 34 of the Arbitration and Conciliation Act 1996, hereinafter referred to as the 1996 Act, being AP No.155 of 2006, for setting aside an arbitral award passed on 16th April, 1999, on the ground that the application was barred by limitation. The learned Single Bench held The present petition has been filed after the application under 33 of the ...
Seth Soorajmul Jalan Trust Vs. Tolaram Jalan and Ors.
Court: Kolkata
Decided on: Sep-01-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN ACR No.4 of 2014 SETH SOORAJMUL JALAN TRUST versus TOLARAM JALAN & ORS.For the plaintiff : Mr.Pradip Kumar Ghose, Sr.Adv., Ms.Suchismita Ghosh Chatterjee, Mr.Promode Bagaria. Heard On :24.03.2015, 31.03.2015, 23.04.2015, 24.04.2015, 08.05.2015, 12.05.2015, 19.06.2015 Judgment On : 1st September, 2015 Soumen Sen, J.:- One Soorajmull Jalan prior to his death on 15th August, 1938, transferred a sum of Rs.5 Lac to Mohanlal Jalan, Banshidhar Jalan, Baijnath Jalan, Chiranjilal Bajoria, Nandlal Bhuwalka and Onkarmal Shroff with the direction to hold the said sum in trust. All the aforesaid persons executed a deed of trust in the name of SETH SOORAJMULL JALAN TRUST in respect of the said sum. The maximum and the minimum number of trustees are six and five respectively. The trust shall be known as Seth Soorajmull Jalan Trust. There shall be not less than five and not more than ...
Shree Mahalaxmi Corporation Pvt Ltd. Vs. State Bank of India.
Court: Kolkata
Decided on: Sep-01-2015
ORDER SHEET GA1330of 2015 With CS150of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHREE MAHALAXMI CORPORATION PVT LTD.Versus STATE BANK OF INDIA. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st September, 2015. Mr.Anirban Roy, Adv.Mr.M.Chowdhury,Adv.Mr.R.C.Prusti, Adv.Mr.J.N.Manna, Adv.Ms.Priyanka Mishra, Adv.The Court: This is an application for rejection of the plaint. The basis of the application appears to be that subsequent to the filing of the suit by the constituent, the defendant bank on the basis of an order passed by this Court on 29th August, 2014 in the pending matter has instituted proceeding before the Debts Recovery Tribunal under Section 19 of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 for recovery of the money to the constituent and by reason thereof the suit filed by the plaintiff either should be rejected as transferred to the Debts Recovery Tribunal as the claim made in the suit is in the natur...
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