Kolkata Court February 2016 Judgments
Ballarpur Industries Ltd. and Ors. Vs. The Board of Trustees for the P ...
Court: Kolkata
Decided on: Feb-22-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP NO.169 OF2016BALLARPUR INDUSTRIES LTD.& ORS.Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS. WP NO.170 OF2016RAMESH KUMAR & COMPANY PVT.LTD.& ANR. Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd February, 2016. Mr.A.Chowdhury, senior advocate, Mr.A.Chatterjee, Mr.S.Ghosh, Mr.R.Das, Mr.L.R.Mondalappear. Mr.A.Mitra, senior advocate, Mr.S.Bhattacharya, Mr.L.Vishal Kumar, Mr.R.Upadhyay, Ms.S.Chatterjee, Mr.S.Basakappear. Mr.K.Dutta, senior advocate, Mr.S.Boseappear. The Court : The writ petitioner in WP No.169 [Ballarpur Industries Ltd.].has an establishment on 5, Hide Road, Kolkata. It was under a lease from Kolkata Port Trust. Admittedly, the writ petitioner in the other writ application, WP No.170 of 2016 [Ramesh Kumar & Company PVT.LTD.& Anr.].is doing business in that premises under Ballarpur. It is said that there are 20...
Tag this Judgment!Madan Lall Jain and Ors. Vs. Kamlesh Sogani and Anr.
Court: Kolkata
Decided on: Feb-19-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE GA No.2495 of 2015 With APD No.313 of 2015 CS No.154 of 2015 GA No.1911 of 2015 MADAN LALL JAIN & ORS.versus KAMLESH SOGANI & ANR. APDT No.34 of 2015 CS No.154 of 2015 GA No.1911 of 2015 KAMLESH SOGANI versus MADAN LALL JAIN & ORS.GA No.2420 of 2015 With APDT No.33 of 2015 CS No.154 of 2015 GA No.1911 of 2015 SURESH KUMAR JAIN versus MADAN LALL JAIN & ORS.B E F O R E: The Honble Justice INDIRA BANERJEE And The Honble Justice SAHIDULLAH MUNSHI For the Appellant : Mr.Surajit Nath Mitra, Sr.Adv.Mr.Arindam Mukherjee, Adv.For the Respondent : Mr.Mr.Mr.Mr.Mr.Ajoy Krishna Chatterjee, Sr.Adv.Aniruddha Roy, Adv.Nirmalya Dasgupta, Adv.Sounak Sengupta, Adv.S.Nigam, Adv.Mr.Rajib Kumar Jain, Adv.Ms.Reena Batth, Adv.Heard on : 01.10.2015, 05.10.2015 Judgment on : 19.02.2016 INDIRA BANERJEE, J.: This appeal is against a judgment and order dated 23rd July, 2015 passed by the Honble Single Bench in the application being G.A.No.191...
Tag this Judgment!C.I.T., Central Vs. Apeejay Medical Ltd.
Court: Kolkata
Decided on: Feb-18-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITP120of 1996 C.I.T., CENTRAL Versus APEEJAY MEDICAL LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 18th February, 2016. Mr.M.P. Agarwal, Adv. for the Appellant/Revenue Mr.S.K. Kapoor, Sr.Adv.with Mr.J.P. Khaitan, Sr.Adv.Mr.Dilip Dhar, Adv.Mr.Ravi Kapoor, Adv.Ms.Anupa Banerjee, Adv.Ms.Swati Agarwal, Adv.and Ms.Natasha Roy, Adv.The Court : Both for the assessment years 1986-87 and 1987-88, the Assessing Officer held that the assessee was not entitled to the benefit under Section 10(22A) of the Income Tax Act, 1961, hereinafter referred to as the Act. The CIT(A) concurred with the views of the Assessing Officer. In an appeal carried by the assessee to the Tribunal the Tribunal was of the opinion that the assessee deserved the benefit under Section 10(22A).The revenue applied for reference, which was refused by the learned Tribunal. The revenue, in...
Tag this Judgment!Well Wisher Electronics P. Ltd. and Anr. Vs. State of W.B. and Ors.
Court: Kolkata
Decided on: Feb-17-2016
ORDER SHEET WP No.1942 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WELL WISHER ELECTRONICS P. LTD.& ANR. Versus STATE OF W.B.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 17th February, 2016. Appearance: Mr.Utpal Majumdar, Adv.Mr.Sanjoy Bose, Adv.Ms.Tapati Chatterjee, Adv..for the petitioner. Mr.Sadhan Roy Chowdhury Sr.Adv.Mr.Aniruddha Sur, Adv..for the State. The Court: The petitioner has assailed an order dated July 26, 2005 passed by the authorities under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. By the order dated July 26, 2005 the authorities have withdrawn the exemption granted under Section 20 (2) of the Act of 1976. It is contended on behalf of the petitioner that, the impugned order proceeds on the basis that the petitioner did not comply with the conditions laid down in the order of exemption. This finding of the authority is perverse. The petitioner did commence production at the factory on the lan...
Tag this Judgment!Smt. Alka Gupta Vs. M/S. Grasim Industries Limited and Others
Court: Kolkata
Decided on: Feb-17-2016
ORDER SHEET GA470of 2016 With EC124of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. ALKA GUPTA Versus M/S.GRASIM INDUSTRIES LIMITED & OTHERS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 17th February, 2016. Appearance: Mr.Amlan Guha, Adv.Mr.Amitabha Das, Adv.Mr.Soumabho Ghose, Adv.Mr.S.Kumar Roy, Adv.The Court : The technicalities cannot overweigh the substantial justice. The procedure is a handmade of justice and not circumscribed by the technicalities thereof. An extreme argument is advanced before this Court on the right of a third party before the executing Court if the decree relates to movable property. It is vehemently submitted by the decree holder that the third party, who seeks intervention in the execution proceeding for adjudication of his right does not deserve any favourable order as neither Rule 58 nor Rule 101 of Order XXI of the Code of Civil Procedure can be made applicable. Admittedly, a decree is passed in respect of ...
Tag this Judgment!Ashirwad Steels and Industries Ltd and Anr Vs. The State of West Benga ...
Court: Kolkata
Decided on: Feb-11-2016
GA No.4037 of 2015 ORDER SHEET APO.T.No.591 of 2015 WP No.388 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ASHIRWAD STEELS & INDUSTRIES LTD & ANR VERSUS THE STATE OF WEST BENGAL & ORS BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE SANKAR ACHARYYA Date : 11th February, 2016. Mr.Arif Ali, Adv.with Md.S.Khan, Adv.For the Appellants Mr.Rudra Sarkar De, Adv.with Mr.Sailesh Kr. Gupta, Adv.for WBIDC LTD.Mr.Debjit Mukherjee, Adv.for the State Mr.Achintya Kumar Banerjee, Adv.for Respondent No.5 The Court: The instant application is being taken up along with the appeal by consent of the learned Advocates appearing for the parties. Learned Advocates appearing for the respondents have waived formal service of notice of appeal. The dispute in this writ petition is over cancellation of allotment of approximately 5 acres plot in favour of the appellant/ petitioner No.1 by the West Bengal Industrial Development Corporation LTD.(the Corporation).a Sta...
Tag this Judgment!National Buildings Construction Corporation Ltd. Vs. Archana Propertie ...
Court: Kolkata
Decided on: Feb-11-2016
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Aniruddha Bose And The Honble Justice Sankar Acharyya February 11, 2016 GA117of 2016 APOT16of 2016 WP833of 2014 National Buildings Construction Corporation LTD.versus Archana Properties PVT.LTD.& ORS.Mr.Joydip Kar, Senior Advocate with Mr.Arnab Chakraborty, Advocate Mr.Pragya Bhowmick, Advocate for the appellant Mr.Nisith Adhikari Senior Advocate with Mr.J.Adhikari, Advocate Mr.Tirthankar Dhali, Advocate Ms.D.Mukherjee, Advocate Mr.M.Ghosh, Advocate for the opposite parties Mr.Sadhan Roy Chowdhury, Advocate with Mr.T.M.Siddiqui, Advocate for the State Mr.Partha Sarathi Bose, Senior Advocate with Mr.Raj Kumar Basu, Advocate for the respondent no.5 The Court :- The appellant before us are National Buildings Construction Corporation Ltd., a Central Government enterprise, who have been allocated the work of construction of a building as part of the East West Metro project in Kolkata. In th...
Tag this Judgment!Shaw Wallace and Co. Ltd. Vs. Commissioner of Income Tax
Court: Kolkata
Decided on: Feb-10-2016
ORDER SHEET WP No.2129 of 2001 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHAW WALLACE & Co.LTD.Versus COMMISSIONER OF INCOME TAX BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 10th February, 2016. Ms.Anupa Banerjee, Mr.Amitava Mitra, Ms.Dolon Dasgupta, Adversus for the petitioner Mr.Ranjan Sinha, Adv.for the respondent The Court : The department has invoked Section 142 (2A) of the Income-tax Act, 1961 against the fiRs.petitioner. This invocation has been made the subject matter of challenge in the present writ petition. The petitioner has challenged such invocation in the earlier writ petition. Such writ petition was disposed of by judgment and order dated July 12, 2001 requiring the department to give hearing to the petitioner with regard to the invocation of Section 142 (2A) and pass a reasoned order. The department pursuant to such judgment and order dated July 12, 2001 had passed the impugned order dated August 21, 2001. Learned Advocate on beh...
Tag this Judgment!Punalur Paper Mills Ltd. Vs. Land Acquisition Collector
Court: Kolkata
Decided on: Feb-09-2016
ORDER SHEET WP No.3003 of 2000 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PUNALUR PAPER MILLS LTD.Versus LAND ACQUISITION COLLECTOR BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 9th February, 2016. Mr.Shakti Nath Mukherjee, Sr.Adv.Mr.Shyamal Sarkar, Sr.Adv.Mr.Deepak Jain, Adv.for the petitioners Mr.Sadananda Ganguli, Ld. AGP Mr.S.N.Biswas, Adv.for L.A.Collector, Kolkata Mr.Ashoke Kr. Banerjee, Sr.Adv.Mr.Sanjay Saha, Adv.for WBMDTC LTD.The Court : A supplementary affidavit was filed on behalf of the State pursuant to leave granted. Mr.Mukherjee, learned senior Advocate made his submissions upon discovery of the materials disclosed in the said affidavit. He submitted the challenge of the petitioner was two folds. Firstly, the resort of the State to its powers under Section 17 of the Land Acquisition Act, 1894 citing urgency and taking possession of the premises in question on 20th September, 2000 was bad as there was no urgency. The possession of the ...
Tag this Judgment!Kolkata Municipal Corporation and Anr Vs. Derby Sales Pvt. Ltd. and Or ...
Court: Kolkata
Decided on: Feb-09-2016
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT590OF2015GA3925of 2015 WITH WP829of 2013 KOLKATA MUNICIPAL CORPORATION & ANR Versus DERBY SALES PVT.LTD.& ORS.GA2695of 2015 WITH RVWO23of 2015 APO313of 2006 GA2697of 2015 WP476of 2006 ALONGWITH GA3613of 2015 APO460of 2015 WP829of 2013 THE KOLKATA MUNICIPAL CORPORATION & ANR. Versus DERBY SALES PVT.LTD.& ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 9th February, 2016. Mr.Ashok Banerjee, Sr.Advocate Mr.Alok Ghosh, Advocate Mr.B.Mukherjee, Advocate Mr.Gopal Chandra Das, Advocate ..for Kolkata Municipal Corporation/appellants Mr.Abhrajit Mitra, Sr.Advocate Mr.Chayan Gupta, Advocate Mr.J.Chowdhury, Advocate Mr.Dwipraj Basu, Advocate for respondents Mr.S.Ganguly, Advocate for State The Court :- At the outset after having heard the learned Counsel arguing on behalf of the Kolkata Municipal Corporation and on behalf of the respondent so also after having scrutin...
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