Kolkata Court January 2016 Judgments
Amalesh Adak and Anr. Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jan-14-2016
GA No.44 of 2016 GA No.45 of 2016 APOT No.8 of 2016 With WP No.824 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AMALESH ADAK & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 14th January, 2016. For Appellants : Mr.Bikash Ranjan Bhattacharya, Sr.Advocate Mr.Kishore Dutta, Sr.Advocate Mr.Ambernath Banerji, Advocate For Private Respondents/Writ PetitioneRs.Mr.Hiranmoy Bhattacharya, Advocate For KMC : Mr.Barin Banerjee, Advocate Mr.Fazrul Haque, Advocate The Court: Heard learned Senior Counsel Mr.Bikash Ranjan Bhattacharya as well as Mr.Kishore Dutta, learned Senior Counsel for the appellants as well as the respondents/writ petitioners and the learned Standing Counsel for the Corporation. Delay in preferring the appeal is condoned. The application for condonation of delay is disposed of. The writ petition was at the behest of a tenant in the building, wh...
Tag this Judgment!Oriental Ceramics and Refractories (P) Ltd. Vs. Coal India Ltd. and Or ...
Court: Kolkata
Decided on: Jan-13-2016
ORDER SHEET GA No.3783 of 2015 WP No.2067 of 2005 GA No.2091 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ORIENTAL CERAMICS & REFRACTORIES (P) LTD.Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 13th January, 2016. Mr.Sakya Sen, Mr.Chanchal Kr. Dutt, Mr.B.N.Mishra, Ms.Krishna Mullick, Adversus for the petitioner Mr.Kalimuddin Mondal, Adv..for respondent Nos.1 to 5 Mr.Alok Banerjee, Mr.Aniruddha Mitra, Mr.S.M.Obaidullha, Mr.Partha Basu, Mr.Nikhil Kr. Roy, Adversus for respondent Nos.6 & 7 The Court : G.A.3783 of 2015 is an application made by the writ petitioners in W.P.No.2067 of 2005, one of two writ petitions which were disposed of by order dated 1st October, 2015. By this application the applicants have prayed for, inter alia, a clarification that the refund as referred to in order dated 1st October, 2015 stands for and shall mean refund of difference of amount with added interest at the rate of 12% from the dates ...
Tag this Judgment!Shanta Projects (P) Ltd. and Anr. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Jan-13-2016
ORDER SHEET WP95of 2010 With WP895of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHANTA PROJECTS (P) LTD.& ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 13th January, 2016. Appearance: Ms.Vineeta Meharia, Adv.Mr.Saumavo Ghose, Adv.Mr.Amit Nag, Adv.Mr.Piyush Agarwal, Adv.for the petitioneRs.Mr.Sadananda Ganguli, Addl. Govt. Adv.MRS.Jyotsna Roy Mukherjee, Adv.for the State. Mr.B.Bhattacharyya, Adv.for WEBEL. Mr.Rudra Sarkar De, Adv.Mr.Sailesh Kumar Gupta, Adv.for the WBIDCL. The Court : The writ petitioners had filed these two writ petitions in their endeavour to get allotted a plot of land for setting up IT and IT related services business. In the prior writ petition, letter dated 19th December, 2007 had been impugned wherein WEBEL had, with reference to the petitioners application dated 22nd April, 2004, stated that it could not allot a plot of land in their favour due to some unavoidable reasons and hence ...
Tag this Judgment!Pramod Kr.Bajaj Vs. Shew Ratan Bajaj and Ors.
Court: Kolkata
Decided on: Jan-11-2016
ORDER SHEET GA No.3141 of 2015 CS No.58 of 1991 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRAMOD KR.BAJAJ Versus SHEW RATAN BAJAJ & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 11th January, 2016. Appearance: Mr.Swapan Mullick, Adv.Mr.Supratim Laha, Adv.Ms.S.Pandey, Adv.Ms.R.Kedia, Av. Mr.Rupak Ghosh, Mr.Koushik Chatterjee, Mr.S.Banerjee, Mr.R.K.Khandelwal, Adv.Adv.Adv.Adv.MRS.Nandini Mitra, Adv.Mr.P.Saraogi, Adv.Mr.Shyamal Chakraborty, Adv.Ms.Debarati Banerjee, Adv.The Court :- GA No.3141 of 2015 is an application by which the defendant Nos.1(a) to 3 have applied for appointment of handwriting expert the to opine on the signature which the applicants say is of the witness in box. The document in which the signature appears is a copy document disclosed in suit, by the applicants. The witness in the box is the plaintiff party witness. He is being cross-examined on behalf of the applicants. By order dated 23rd November, 2015 this Court expre...
Tag this Judgment!Sudip Das Vs. Mookherjee Biswas and Pathak and Ors.
Court: Kolkata
Decided on: Jan-11-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.322 of 2014 IN THE MATTER OF SUDIP DAS Versus MOOKHERJEE BISWAS & PATHAK & ORS.AP No.323 of 2014 IN THE MATTER OF SUBHADIP DEY Versus MOOKHERJEE BISWAS & PATHAK & ORS.AP No.324 of 2014 IN THE MATTER OF KANCHAN DUTTA Versus MOOKHERJEE BISWAS & PATHAK & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 11th January, 2016. Mr.Joydip Kar,Sr.Advocate, Mr.Siddhartha Ghosh, Mr.Sourav Kr. Mukherjee, Advocates for the petitioner. Mr.Swatarup Banerjee, Mr.Jishnu Chowdhury, Mr.Ambar Nath Banerji, Ms.Amrita Panja, Advocates for the respondents. The Court : Since the issues sought to be raised in the three applications under section 11 of the Arbitration and Conciliation Act, 1996 are identical in nature, all the applications are taken up together. Let the affidavits-in-reply filed in Court today be taken on record. The three petitioners joined a partnership firm of Chartered Accountants in te...
Tag this Judgment!Manjala Begum Vs. Coal India Limited and Ors.
Court: Kolkata
Decided on: Jan-11-2016
OD-1 WP No.660 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction MANJALA BEGUM Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 11th January, 2016. Appearance: Mr.Partha Ghosh, Adv.Mr.Alok Kr. Banerjee, Adv.Ms.Sanchita Barman Roy, Adv.The Court : Again a coal company indulges in abject waste of court time without any justifiable basis. The present matter pertains to the claim of a widow following the death in harness of her husband. In circumstances similar to the present case, an order was made on WP No.4 of 2014 on January 7, 2014 by noticing the relevant clauses of the National Coal Wage Agreement (VI).The relevant provision provides for an appointment on compassionate grounds to a member of the family of the deceased employee, failing which compensation is to be paid to the female dependant of a deceased workman. The relevant passage from the order of January 7, 2014 in Kajoli Bauri is set out: It is evident from the provision ...
Tag this Judgment!Kashi Nath Chakraborty Vs. Central Bank of India and Ors.
Court: Kolkata
Decided on: Jan-11-2016
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Nishita Mhatre And The Honble Justice Tapash Mookherjee January 11, 2016 GA3357of 2015 APOT499of 2015 WP1035of 2014 Kashi Nath Chakraborty versus Central Bank of India & ORS.Mr.Biswarup Bhattacharya, Advocate with Ms.Ashima Chakraborty, Advocate for the appellant Mr.Biswambhar Jha, Advocate for the respondent bank The Court :- The grievance of the appellant is with respect to paragraph 32 onwards of the order passed by the learned Single Judge on 28th August, 2015 in Writ Petition 1035 of 2014. The appellant was an employee with the respondent bank. A charge sheet was issued to him alleging certain acts of misconduct. A disciplinary enquiry was held against him. The enquiry report was furnished to him and he was directed to submit his comments on the same. The disciplinary authority did not agree with all the findings of the Enquiry Officer. However, without calling upon the appellant ...
Tag this Judgment!C.I.T. Kolkata I Vs. M/S. Vivek Engineering and Casting Ltd.
Court: Kolkata
Decided on: Jan-11-2016
ITA No.128 of 2006 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T.KOLKATA I Versus M/S.VIVEK ENGINEERING & CASTING LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA And The Hon'ble JUSTICE ASHA ARORA Date : 11th January, 2016 Appearance Ms.Asha G. Gutgutia, Adv.Appellant Mr.J.P.Khaitan, Sr.Adv.Mr.Ananda Sen, Adv.Mr.Biswajit Mal, Adv.Respondent The Court : The appeal was admitted on 16th May, 2006. The questions proposed by the appellant and admitted are as follows:1. the Whether, on the facts and in the circumstances of the case, ld. Tribunal has erred in upholding the order of the Commissioner of Income-tax (Appeals) without considering that the conduct of the assessee towards claiming bad debt was not bonafide and honest as the amount shown as bad debt was never shown as income in the preceeding years and the money was not held as stock in trade as the assessee was not engaged in the business of money lending ?.2. Whether on the facts and in th...
Tag this Judgment!C.I.T. Kolkata Iii Vs. Indian Aluminium Co. Ltd.
Court: Kolkata
Decided on: Jan-11-2016
ORDER SHEET ITA133OF2006IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE C.I.T.KOLKATA- III Versus INDIAN ALUMINIUM Co.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 8th January, 2016. For Appellant/Petitioner : Mr.P.K.Bhowmik,Advocate Mr.Ranjan Kr.Sinha,Advocate For Revenue/Respondent : Mr.J.P.Khaitan,Sr.Advocate Mr.Avra Mazumder,Advocate The Court : This appeal is directed against the judgement and order dated 5th October, 2005 passed by the Income Tax Appellate Tribunal, B Bench, Kolkata pertaining to the assessment year 1995-96. The learned Tribunal allowed the appeal preferred by the assessee on the basis of the following reasoning: After hearing the contested rival submissions from both the sides and perusing the case record, we find that both on facts and on law the assessee has a good case. Since, the legal aspect has already been discussed above, we are inclined to discuss the factual aspect in brief whic...
Tag this Judgment!Commissioner of Income Tax, Kol1, Kol. Vs. Itc, Infotech India Ltd.
Court: Kolkata
Decided on: Jan-08-2016
ORDER SHEET GA2314of 2015 ITAT96of 2015 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOL-1, KOL. Versus ITC, INFOTECH INDIA LTD.AND GA2318of 2015 ITAT95of 2015 COMMISSIONER OF INCOME TAX, KOL-1, KOL. Versus ITC, INFOTECH INDIA LTD.BEFORE: The Hon'ble JUSTICE RAJIV SHARMA And The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 8th January, 2016. Appearance: Md.Nizammuddin, Adv.for the appellant. Mr.J.P.Khaitan, Sr.Adv.Ms.Nilanjana Banerjee Pal, Adv.for the respondent. The Court : Heard Md.Nizammudin, learned Counsel appearing on behalf of the appellant as well as Mr.J.P.Khaitan, learned Senior Counsel who had put up appearance on behalf of the respondent. During the assessment years 2005-06 and 2006-07, the assessees have filed its income tax returns claiming therein Rs.6,25,88,125/- and Rs.6,52,70,749/- respectively towards Arms Length Price on its international transactions by adopting Cost Plus Method undertaken as the said transac...
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