Kolkata Court March 2016 Judgments
Gupta Biscuits Pvt. Ltd. and Anr. Vs. The Registrar of Companies, West ...
Court: Kolkata
Decided on: Mar-15-2016
ORDER SHEET A.C.O.No.92 of 2015 R.V.W.O.No.13 of 2015 A.P.O.No.230 of 2013 C.P.No.114 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GUPTA BISCUITS PVT.LTD.& ANR. Versus THE REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 15th March, 2016. Mr.P.K.Drolia, Adv. for the appellants Mr.Kumar Jyoti Tewari, Adv. for Registrar of Companies. This is an application for review of a judgement and order dated 2nd September, 2013 passed by a Division Bench of this Court comprising the Honble Justice Subhro Kamal Mukherjee and the Honble Justice Ashim Kumar Mondal dismissing an appeal against a judgement and order of the learned Company Court dated 12th June, 2013, rejecting the application of the appellant under Section 560 of the Companies Act, 1956. The appellant no.1, Gupta Biscuits PVT.Ltd., was incorporated on 4th October, 1978 as private limited company under the Companies Act, 19...
Tag this Judgment!R.A.V. Dravya (P) Ltd. Vs. Concast Global Ltd.
Court: Kolkata
Decided on: Mar-14-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA CIVIL APPEALLATE JURISDICTION ORIGINAL SIDE ACO No.206 of 2015 APOT No.547 of 2015 CP No.89 of 2014 R.A.V.DRAVYA (P) LTD.VERSUS CONCAST GLOBAL LTD.-AndACO No.207 of 2015 APOT No.548 of 2015 CP No.86 of 2014 R.A.V.DRAVYA (P) LTD.VERSUS CONCAST EXIM LTD.-AndACO No.208 of 2015 APOT No.549 of 2015 CP No.88 of 2014 R.A.V.DRAVYA (P) LTD.VERSUS CONCAST ISPAT LTD.-AndACO No.209 of 2015 APOT No.550 of 2015 CP No.91 of 2014 R.A.V.DRAVYA (P) LTD.VERSUS DANKUNI STEELS LTD.BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 14th March, 2016, Appearance: Mr.Jishnu Saha, Sr.Adv.Ms.Hashnuhana Chakraborty, Adv.Mr.Debjyoti Manna, Adv.Mr.Sutanu Karmakar, Adv..for the appellant Mr.Abhrajit Mitra, Sr.Adv.Ms.Noelle Banerjee, Adv.Mr.Dipak Dey, Adv.Ms.Rimpa Rajpat, Adv..for the respondent The Court These appeals are against a common judgment and order dated 16th October, 2015 passed by the learned Company Court, whereby the le...
Tag this Judgment!Shrimati Roma Sengupta Vs. Commissioner of Income Tax – I Kolkata an ...
Court: Kolkata
Decided on: Mar-11-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Asha Arora. ITA No.214 of 2004 SHRIMATI ROMA SENGUPTA Versus COMMISSIONER OF INCOME TAX I KOLKATA & ANR. Advocate for the appellant: Mr.J.P. Khaitan, Sr.Adv.Mr.Ananda Sen, Adv.Advocate for the State: Ms.Asha G. Gutgutia, Adv.Ms.S.Keswani, Adv.Hearing concluded on: January 27, 2016 Judgment delivered on:11/03/2016. GIRISH CHANDRA GUPTA J. The assessee has come up in appeal u/s.260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against an order dated 9th December, 2003 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the tribunal) E Bench Kolkata in ITA No.461 (Kol.) of 2002 relating to the assessment year 1997-98. By an order dated 25th November, 2004 the appeal was admitted on the following substantial questions of law: I) When the learned Members of the Tribunal themselves recorded that they ref...
Tag this Judgment!W.J. Alcock and Co. Pvt. Ltd. and Anr. Vs. West Bengal Small Industrie ...
Court: Kolkata
Decided on: Mar-10-2016
1 WP1984of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE W.J.ALCOCK & Co.PVT.LTD.& ANR. VERSUS WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.& ORS.PRESENT: The Honble Justice DEBANGSU BASAK Dated : 10th March, 2016. For the petitioner : Mr.Mainak Bose,Advocate Mr.Aritra Basu,Advocate For the respondents : Mr.Jaydeep Kar,Sr.Advocate Mr.S.Sarkar,Advocate The Court :- The petitioner has assailed a notice dated September 20, 2005 in the present writ petition. The notice requires the petitioner to vacate a property. It is contended on behalf of the petitioner that the impugned notice is bad. The petitioner was granted a lease of 99 years or a plot of land by the respondent No.1. The petitioner had paid 30 years rent in advance and had applied for ownership. The lease deed contemplates that ownership can be transferred on the happening of certain events. According to the petitioner, the petitioner is entitled to the ownership because it has fulf...
Tag this Judgment!Wachel Molla and Sons Pvt. Ltd. and Anr. Vs. Employees State Insurance ...
Court: Kolkata
Decided on: Mar-10-2016
ORDER SHEET WP No.1795 of 2004 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WACHEL MOLLA & SONS PVT.LTD.& ANR. Versus EMPLOYEES STATE INSURANCE CORPORATION BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 10th March, 2016. Mr.A.C.Kar, Adv.for the petitioners Mr.Subal Moitra, MRS.Keya Bhattacharya, Adversus for the respondent The Court : The petitioners have challenged two demand notices issued by the Employees State Insurance (ESI) Authorities. It is submitted on behalf of the petitioners that the demands on the basis of the fiRs.petitioner having 22 number of employees. Such factual basis is incorrect as in the affidavit of the ESI it has been stated that the fiRs.petitioner at that relevant period of time had 20 employees. Therefore on such ground alone the notices of demand should be set aside. Referring to the various documents annexed to the affidavit-in-opposition filed on behalf of the ESI it is submitted on behalf of the petitioner that, calcula...
Tag this Judgment!M/S. Nalco Chemicals India Ltd. Vs. The Commissioner of Income Tax, Ko ...
Court: Kolkata
Decided on: Mar-10-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISCITION(INCOME TAX) ORIGINAL SIDE Present: The Hon'ble Justice Girish Chandra Gupta The Hon'ble Justice Asha Arora ITA No.503 OF2005WITH ITA No.504 OF2005ITA No.505 OF2005M/S.NALCO CHEMICALS INDIA LTD.Versus THE COMMISSIONER OF INCOME TAX, KOL II Advocate for the Appellant: Mr.J.P.Khaitan,Sr.Adv., Mr.Siddharth Das, Adv.Mr.Asim Choudhury,Adv.Mr.Rohan Poddar,Adv.Advocate for the Respondent :Mr.M.P.Agarwal, Adv.Md.Nizamuddin,Adv.Hearing On:10/03/2016 Judgement Delivered On: 10th March, 2016. GIRISH CHANDRA GUPTA J.: The subject matter of challenge in the appeal is a judgment and order dated 11th August, 2005 passed by the learned Income-tax Appellate Tribunal B Bench, Kolkata disposing of three several appeals preferred by the revenue challenging orders passed for three several assessment yeaRs.viz. the assessment years 1995-96, 1996-97 and 1997-98. All the three appeals were disposed of by the learned Tribunal by a common judgment. T...
Tag this Judgment!Smpl Infra Limited Vs. Bhushan Power and Steel Limited
Court: Kolkata
Decided on: Mar-09-2016
C.S.No.49 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SMPL Infra Limited versus Bhushan Power and Steel Limited For the Plaintiff : Mr.Dhruba Ghosh, Advocate Mr.Prithwiraj Sinha, Advocate Mr.Arnab Basu Mullick, Advocate Mr.Siddhajyoti Biswas, Advocate Mr.Saurav Ghosh, Advocate For the Defendant : Mr.Sabyasachi Chowdhury, Advocate Mr.Arindam Mukherjee, Advocate Mr.Joydeb Ghorai, Advocate Mr.Dilip Ghosh, Advocate Mr.Sougata Banerjee, Advocate Hearing concluded on : December 16, 2015 Judgment on : March 9, 2016 DEBANGSU BASAK, J. The claim of the parties revolves around a contract for supply and erection of a Raw Water Intake System. According to the plaintiff, it had executed additional work beyond the scope of the contract. It has also suffered damages. The defendant denies the claims of the plaintiff. According to the defendant, the plaintiff did not discharge its obligations under the contract. Consequently the defendant had to complete the contract thro...
Tag this Judgment!Ekdant Retailers Private Limited and Anr. Vs. The Board of Trustees Fo ...
Court: Kolkata
Decided on: Mar-09-2016
ORDER SHEET WP No.191 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE EKDANT RETAILERS PRIVATE LIMITED & ANR. Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 9th March, 2016 Appearance Mr.Bikash Ranjan Bhattacharya, Sr.Adv.with Mr.Swatarup Banerjee, Adv.Mr.Vishak Bhattacharya, Adv.Mr.Kishore Dutta, Sr.Adv.with Mr.Somenath Bose, Adv.Kolkata Port Trust (hereafter KoPT) issued notice for auctioning plot no.C18. Several bids were received from the interested parties. After the bidders were found to be techno-commercially qualified, KOPT received a complaint of cartel formation by the techno-commercially qualified biddeRs.who had bid for plot no.C18. Upon consideration of the entire issue, the Estate Manager, KoPT in his note dated 8th December, 2015 observed, inter alia, that Cartel formation against plot no.C18 cannot be ruled out and hence, holding fresh auction amongst the same techno-commer...
Tag this Judgment!Abhishek Bagaria Vs. Sushil Kumar Bagaria and Ors.
Court: Kolkata
Decided on: Mar-09-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE A.P.D.No.78 of 2015 C.S.No.265 of 1992 Abhishek Bagaria versus Sushil Kumar Bagaria & ORS.B E F O R E: The Honble Justice INDIRA BANERJEE And The Honble Justice SAHIDULLAH MUNSHI For the Appellant : Mr.Chayan Gupta, Adv.For the Respondent : Mr.Anuj Singh, Adv.Mr.Saunak Sengupta, Adv.Mr.Amitava Das, Adv.Judgment on : 09.03.2016 INDIRA BANERJEE, J.: This appeal is against a judgment and order and decree dated 15th January, 2015 passed by the Honble Single Judge dismissing the suit being C.S.No.265 of 1992, filed by the appellant plaintiff for specific performance of Clause 27 of a Deed of Partnership dated 11th April, 1973. Late Mohanlal Bagaria had, before his death, executed a Will dated 12th March, 1985, whereby he had appointed his wife, Smt. Bimla Bagaria, and failing her, his elder son Rajendra Bagaria, as sole executor. The said Will, inter alia provided that Mohanlal Bagarias 25% share in the partnership fir...
Tag this Judgment!Asian Financial Services Ltd. Vs. Commissioner of Income Tax3 Kolkata
Court: Kolkata
Decided on: Mar-09-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME TAX) ORIGINAL SIDE Present: The Hon'ble Justice Girish Chandra Gupta And The Hon'ble Justice Asha Arora. GA NO.3250 OF2015With ITAT NO.139 OF2015ASIAN FINANCIAL SERVICES LTD.Versus COMMISSIONER OF INCOME TAX-3 KOLKATA For the Appellant: Mr.J.P.Khaitan,Sr.Adv.Mr.S.Kejriwal, Adv.Mr.P.Jhunjhunwala, Adv.For the Revenue: Mr.M.K. Lodh, Adv.Hearing on: 09/03/2016. Judgement on: 9th March, 2016. GIRISH CHANDRA GUPTA J. The appeal is directed against a judgment and order dated 22nd May, 2015 passed by the learned Income Tax Appellate Tribunal, B Bench, Kolkata, pertaining to the assessment year 2009-10 allowing an appeal preferred by the revenue. The assessee, thus has come up in appeal. The questions raised by the assessee are as follows:(a) Whether the Tribunal was justified in law in reversing the order of the Commissioner of Income Tax (Appeals) and in upholding the disallowance of Rs.9,79,873/- made by the Assessing Off...
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