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Kolkata Court April 2016 Judgments

Apr 22 2016

Abci Infrastructure Pvt. Ltd. Vs. State of West Bengal and Ors.

Court: Kolkata

Decided on: Apr-22-2016

In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP496of 2013 ABCI Infrastructure PVT.LTD.-Vs.State of West Bengal & ORS.Before : The Honble Justice Arijt Banerjee For the Petitioner For the State : Mr.P.K.Das, Sr.Adv.Mr.Amitava Pal, Adv.Mr.Somnath Ganguly, Adv.Mr.Ashoke Bhowmick, Adv.: Mr.Sanatan Ganguly, Adv.For the KMC Heard On 01.10.2015 : Mr.Biswajit Mukherjee, Adv.Mr.Gopal Ch. Das, Adv.Mr.Debangsu Mondal, Adv.: 25.08.2015, 27.08.2015, 29.09.2015, 08.10.2015, 13.10.2015 & 30.11.2015 CAV On : 30.11.2015 Judgment On : 22.04.2016 Arijit Banerjee, J.:(1) In this writ application the petitioner prays for quashing of the land acquisition proceedings in LA Case No.1-D-2/3 of 1965-66 and LA Case No.1-D-2/4 of 1965-66. Contention of the petitioner:- (2) In the year 2009 by six separate deed of conveyance, the then owners of the land being Premises No.57 of 59 Palm Avenue, Calcutta 700019 was transferred to and in favour of the petitioner for valuable considerati...

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Apr 20 2016

Hindustan Unilever Limited Vs. Nitin Kukreja

Court: Kolkata

Decided on: Apr-20-2016

1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A.1037 of 2016 With C.S.101 of 2016 Hindustan Unilever Limited -VsNitin Kukreja Before: Honble Justice Harish Tandon Date: 20.04.2016 Appearance: S. Mitra, Sr.Adv., Ratnanko Banerjee, Adv., Arunabha Deb, Adv.. For the Petitioner. The Court: The Petitioner has acquired recognition and good reputation in manufacturing, marketing and sale of the various consumer products including cosmetics, toiletries, toilet soaps, washing soaps and detergent in the Fast Moving Consumer Goods Sector in the country. The Petitioners product has acquired household name in such sector and are widely sold and distributed through out the country including the remote villages in the distinct corners of the country. The disinfectant soap is marketed under the brand name Lifebuoy and have been proven in the laboratories to provide cent percent effective germ protection than any other ordinary soaps. The disinfectant soap is a pr...

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Apr 20 2016

Hindustan Unilever Limited Vs. Sushilkumar Sitaldas Dhirani

Court: Kolkata

Decided on: Apr-20-2016

1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A.1036 of 2016 With C.S.100 of 2016 Hindustan Unilever Limited -VsSushilkumar Sitaldas Dhirani Before: Honble Justice Harish Tandon Date: 20.04.2016 Appearance: S. Mitra, Sr.Adv., Ratnanko Banerjee, Adv., Arunabha Deb, Adv.. For the Petitioner. The Court: The Petitioner has acquired recognition and good reputation in manufacturing, marketing and sale of the various consumer products including cosmetics, toiletries, toilet soaps, washing soaps and detergent in the Fast Moving Consumer Goods Sector in the country. The Petitioners product has acquired household name in such sector and are widely sold and distributed through out the country including the remote villages in the distinct corners of the country. The disinfectant soap is marketed under the brand name Lifebuoy and have been proven in the laboratories to provide cent percent effective germ protection than any other ordinary soaps. The disinfecta...

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Apr 20 2016

Some Majhi Vs. Coal India Ltd. and Ors.

Court: Kolkata

Decided on: Apr-20-2016

In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP800of 2014 Some Majhi -vs.Coal India LTD.& ORS.Before : The Honble Justice Arijit Banerjee For the Petitioner : Mr.Subrata Ganguly, Adv.For the Respondent : Mr.Alok Kr. Banerjee, Adv.Ms.Sanchita Barman Roy, Adv.Heard on 30.09.2015, : CAV On : 18.11.2015 Judgment On : 20.04.2016 15.07.2015, 20.08.2015, 07.09.2015, 08.10.2015, 14.10.2015 Arijit Banerjee, J.: (1) In this writ application the petitioner prays for quashing of the order of dismissal issued by the Deputy Manager dated 22 October, 2003 and also the order dated 14 March 2014 issued by the Appellate Authority, Perbelia Group, Eastern Coal Fields LTD.and for being reinstated in service with back wages. The petitioners contention:(2) The petitioner was appointed as U.G Loader at Dubeshwari Colliery of Eastern Coalfields LTD.on 22 March, 1991. (3) The petitioner fell sick and became bed-ridden with effect from January, 2000 and was treated medically betw...

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Apr 20 2016

Ranajit Kumar Acharya Vs. United Bank of India and Ors.

Court: Kolkata

Decided on: Apr-20-2016

ORDER SHEET WP No.1320 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RANAJIT KUMAR ACHARYA Versus UNITED BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 20th April, 2016. Mr.M.R.Sarbadhikari, Adv.for the petitioner Mr.R.N.Majumdar, Mr.Sourav Chakraborty, Mr.Supratim Bhattacharjee, Adversus for the respondents The Court : The petitioner while working as branch manager was charge-sheeted. Mr.Sarbadhikari, learned Advocate appearing on behalf of the petitioner drew attention to letter dated, it appeaRs.26th November, 2007 whereby, inter alia, the following paragraph stated as follows : As you attained the superannuation age of 60 on 16.11.2007, your service will cease at the close of business on 30.11.2007 but the provisions as contained in Regulation 20(3) of the UBI (Officers) Service Regulations, 1979, will be applicable to you in view of the pendency of the disciplinary proceedings initiated against you vide Charge Sheet No.P...

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Apr 19 2016

Shyam Sel and Power Ltd. Vs. Shah Alloys Ltd. and Ors.

Court: Kolkata

Decided on: Apr-19-2016

ORDER SHEET GA2072013 CS1002011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHYAM SEL & POWER LTD.Versus SHAH ALLOYS LTD.& ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 19th April, 2016. Mr.Aniruddha Ray, Mr.Debdut Mukherjee, Adv., for the plaintiff. Mr.K.R.Thakkar, Adv., Mr.A.Basu, Adv., for the defendant no.1. Mr.Mainak Bose, Mr.Shaunak Sengupta, Advs., for the defendant no.2. The Court : The plaintiff filed a suit for recovery of money together with interest against the defendants jointly and severally and other consequential reliefs. The present application is taken out by the defendant no.2 for rejection of the plaint as the suit has been instituted against the defendant no.1 after it has gone before the Board for Industrial and Financial Reconstruction. On the last occasion the defendant no.2 was asked to produce the relevant document to show the present status of the proceeding pending before the BIFR. The learned Advocate for the defe...

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Apr 19 2016

Commissioner of Income Tax, Kolkata – I, Appellant Vs. The Peerless ...

Court: Kolkata

Decided on: Apr-19-2016

Form No.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITA NO.323 OF2007COMMISSIONER OF INCOME TAX, KOLKATA I, APPELLANT Versus THE PEERLESS GENERAL FINANCE & INVESTMENT Co.LTD., RESPONDENT PRESENT: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY For Appellant: Mr.M.Nizamuddin, Advocate. For Respondent: Mr.J.P.Khaitan, Sr.Advocate, with Mr.S.Basu, Advocate. Heard on : 19.04.2016 Judgment delivered on: 19.04.2016 GIRISH CHANDRA GUPTA, J.: The subject matter of challenge in this appeal is an order dated October 13, 2006, passed by the learned Income Tax Appellate Tribunal, D Bench, Kolkata, in ITA Nos.448 and 449(Kol.)/2006, pertaining to the assessment years 1997-98 and 1998-99. The revenue has come up in appeal. The questions of law formulated at the time of admission of the appeal are as follows: (1) Whether on the facts and in the circumstances of the case Tribunal was justified in holding that the Assessi...

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Apr 15 2016

Daulal Sarda Vs. The Union of India and Ors.

Court: Kolkata

Decided on: Apr-15-2016

OD-2 GA No.645 of 2016 WP No.674 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DAULAL SARDA Versus THE UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 15th April, 2016. Appearance: Mr.Prabhat Dwivedi, Adv.Mr.Priyankar Saha, Adv.Mr.Lal Ratan Mandal, Adv..for the petitioner Mr.S.B. Saraf, Adv.Mr.K.K. Maity, Adv..for the respondent no.1 Mr.Kaushik Dey, Adv..for the respondent no.2 & 3 The Court: Sufficient grounds have been made out as to why the petitioner was not represented on January 28, 2016 when WP No.674 of 2015 was dismissed for default. The order dated January 28, 2016 is recalled and WP No.674 of 2015 is restored to the file. The restoration application, GA No.645 of 2016, is allowed as above, but without any order as to costs. Since the Customs authorities are represented, WP No.674 of 2015 is taken up for immediate consideration. The petition is another attempt to short-circuit a process and obtain the release of t...

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Apr 15 2016

Ashok Surana Vs. Commissioner of Income Taxxx, Kolkata

Court: Kolkata

Decided on: Apr-15-2016

ORDER SHEET ITA NO.448 OF2007IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE ASHOK SURANA Versus COMMISSIONER OF INCOME TAX-XX, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 15th April, 2016. MS.ANUPA BANERJEE,ADVOCATE FOR APPELLANT MR.M.P.AGARWAL,ADVOCATE FOR RESPONDENT The Court : The subject matter of appeal is a judgment and order dated 19th March, 2007 passed by the Income-tax Appellate Tribunal, D Bench, Kolkata pertaining to the assessment year 200102. The assessee is an individual. He is in the business of producing tele serials. He has offices at Calcutta, Bangalore, Delhi and Mumbai. He had shown to have incurred expenses on account of telephone a sum of Rs.4,69,883/- and a sum of Rs.35,041/-. The assessing officer disallowed 20% of the aforesaid expenditure amounting to a sum of Rs.1,06,385/- on the ground that the assessee did not maintain call book for monitoring calls and that a part of such cal...

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Apr 15 2016

M/S. Laxmi Business Promotions Pvt. Ltd. Vs. The Commissioner of Incom ...

Court: Kolkata

Decided on: Apr-15-2016

ORDER SHEET ITA NO.416 OF2005IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE M/S.LAXMI BUSINESS PROMOTIONS PVT.LTD.Versus THE COMMISSIONER OF INCOME TAX CENTRAL I BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 15th April, 2016. Mr.ANANDA SEN,MR.SWAPAN KUMAR KHAMARU, MR.SABYASACHI MANDAL, ADVOCATES MR.M.P.AGARWAL,ADVOCATE The Court :The subject matter of challenge in the appeal is a judgment and order dated 7th October, 2004 passed by the learned Income Tax Appellate Tribunal, D Bench, Calcutta in respect of the block period 1989-1990 to 1998-1999 and 01-04-1998 to 19-08-1998. The assessee is aggrieved by the order of the learned Tribunal by which the addition of a sum of Rs.4,82,750/- on the ground of undisclosed income was upheld. The assessee has questioned the order of the learned Tribunal on the basis of the following question of law:Whether on the facts and in the circumstances of the case, the Learned Tribunal w...

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