Kolkata Court April 2016 Judgments
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Amit Tiwari, Trustee of K.P. Foundation and Ors. Vs. Marco Polo Restau ...
Court: Kolkata
Decided on: Apr-12-2016
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side G.A.No.2205 of 2013 C.S.No.221 of 2013 Amit Tiwari, Trustee of K.P.Foundation & ORS.versus Marco Polo Restaurant PVT.LTD.For the plaintiffs:- Mr.Jishnu Saha, ..Sr.Advocate Mr.Srenik Singhvi Ms.Sananda Ganguly Ms.Srinanda Basu.Advocates For the Defendants: - Mr.Abhrajit MitraSr.Advocate Mr.Soumabha Ghosh Mr Nikunj BerliaAdvocates Judgement On: - 12th April, 2016 I.P.MUKERJI, J Marco Polo is a restaurant on Park Street. It is spread over an area of 2731 sq. ft. on the north western side of the ground floor of a building called Anuj chambers. It is numbered as 24, Park Street. The building is also known as the annexe building. A company by the name of Magma Leasing Limited is the owner of this area. The cause title of the plaint reveals that there are 20 trusts managed by 6 trustees. One trustee died during pendency of the suit. The plaintiff trustees got a lease of this property on 22nd September, 2003 and 1...
Gemini Goods and Dealers Pvt. Ltd. Vs. Hitech Engineers and Ors.
Court: Kolkata
Decided on: Apr-12-2016
ORDER SHEET GA9312016 CS902016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GEMINI GOODS AND DEALERS PVT.LTD.Versus HITECH ENGINEERS & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 12th April, 2016. Mr.Abhrajit Mitra, Sr.Adv., Mr.Satadeep Bhattacharya, Adv., Ms.Sonia Sharma, Adv., for the petitioner/plaintiff. The Court : This is an application taken out by the petitioner for judgment on admission for a sum of Rs.1,87,28,046/- along with interest @10% per annum. As a consequential relief, the prayers for attachment as well as injunction is also incorporated in the instant application. The case simply proceeds that a sum of Rs.1.17 crore was lent and advanced to the respondents through several cheques issued between 18th February, 2015 and 21st February, 2015 and was agreed to be repaid within interest @10% per annum. The aforesaid amount is admitted and acknowledged in the confirmation of accounts and the payment of interest and deposit of the...
G.G.L.Hotels and Resort Company Ltd. Vs. Commissioner of Income Tax, W ...
Court: Kolkata
Decided on: Apr-12-2016
ITA232OF2007IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (Income Tax) ORIGINAL SIDE G.G.L.Hotels and Resort Company LTD.Versus Commissioner of Income Tax, West Bengal-II, Kolkata BEFORE : The Honble Justice GIRISH CHANDRA GUPTA The Honble Justice ASHA ARORA12h April, 2016. For Appellant: Mr.R.K.Murarka,Advocate MRS.Sutapa Roychowdhury,Advocate For Revenue: Mr.R.K.Sinha,Advocate The Court : The subject matter of challenge is a judgement and order dated 25th January, 2007 passed by the learned Income Tax Appellate Tribunal, A Bench Kolkata in ITA No.664/Kol/2006 pertaining to the assessment year 200203, by which the learned Tribunal dismissed an appeal preferred by the assessee and upheld the order of the CIT(A).Aggrieved by the order the assessee has come up in appeal. The question formulated at the time of admission of the appeal is as follows:Whether on the facts and in the circumstances of the case and on a proper construction of agreement dated 9th March, 1999 between the appe...
P.C. Chandra and Sons (India) Pvt. Ltd. Vs. Union Bank of India
Court: Kolkata
Decided on: Apr-11-2016
ORDER GA No.2383 of 2015 CS No.20 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE P.C.CHANDRA & SONS (INDIA) PVT.LTD.Versus UNION BANK OF INDIA BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th April, 2016. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.S.Sengupta, Adv.Mr.S.Dasgupta, Adv.Ms.Sreya Basu Mallick, Adv.Mr.S.Sil, Advocate..for the petitioner. Mr.Jayanata Sengupta, Adv.Ms.Richa Ramai, Adv..for the respondent. In this application under Chapter XIII-A of the Original Side Rules of this Court, the petitioner prayed for a summary judgement for eviction of the defendant/respondent for want of plausible defence far to speak of good defence. The plaint case proceeds that the petitioner was and still is owner of premises no.127A, Bipin Behari Ganguly Street, Kolkata700012 and demised under a lease to the respondent the space measuring 1500 sq. ft. more or less on the fiRs.floor of the said premises at a rent of Rs.9000/- together with 50% of th...
Tarun Kumar Ghose and Ors. Vs. The Credit Union Cooperative Enterprise ...
Court: Kolkata
Decided on: Apr-11-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION EC346OF2015G.A.1074 OF2015G.A.3723 OF2015G.A.3725 OF2015C.S.771 OF1981Tarun Kumar Ghose & ORS.-VSThe Credit Union Co-operative Enterprises Limited CORAM: HONBLE Mr.JUSTICE HARISH TANDON For the Petitioner / Appellant : Mr.Jishnu Saha, Sr.Adv., Mr.A.Banerjee, Adv., Mr.A.Sinha, Adv., Ms.S.Bose, Adv., Mr.Z.Haque, Adv., Mr.S.Dasgupta, Adv., Mr.A.Chakraborty, Adv.For the Respondent / Opposite Party : Mr.S.N.Mitra, Sr.Adv., Mr.A.Roy, Adv., Mr.A.Ghosh, Adv.Judgment on : 11.04.2016 HARISH TANDON, J.: The present application is taken out challenging the Compromise Decree passed in C.S.No.771 of 1981 on the ground of collusion and fraud. In other words, it is an application taken out by the St. Marrys Nursing Home Private Limited questioning the executability and enforceability of the said Compromise Decree and invited the Court to adjudicate the right, title and interest under Order XXI Rule 101 of the Code of Civil Procedure. U...
Commissioner of Income Tax, Central I, Kolkata Vs. Madhusudan Dalmia
Court: Kolkata
Decided on: Apr-11-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA274of 2004 COMMISSIONER OF INCOME TAX, CENTRAL - I, KOLKATA Versus MADHUSUDAN DALMIA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 11th April, 2016. Mr.Md.Nizamuddin, Adv.for the appellant Mr.J.P. Khatian, Sr.Adv.Mr.A.Gupta, Ad. Mr.A.K. Dey, Adv.for the respondent. The Court : On 10th February, 2016, the matter was taken up for hearing when this Court passed the following order: The grievance of the revenue is that the learned Tribunal resorted to setting aside a well reasoned judgment delivered by the CIT(A) simply by relying upon a judgment delivered in another case. Mr.Nizamuddin, learned advocate appearing for the appellant, submitted that this procedure could not have been adopted. Mr.Bajoria, learned senior advocate, appearing for the assessee submitted as follows: Narian Prasad Dalmia and Shyam Sundar Dalmia are two brothers and their two sons are...
Pam Developments Pvt. Ltd. and Anr. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Apr-08-2016
ORDER SHEET CS No.102 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PAM DEVELOPMENTS PVT.LTD.& ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th April, 2016. Appearance: Mr.Priyankar Saha, Advocate with Mr.A.Pramanick, Advocate. The Court :-The plaint is presented for leave under Clause 12 of the Letters Patent and dispensation of statutory period provided under Section 80(1) of the Code of Civil Procedure. Before proceeding to consider whether the dispensation of statutory period under Section 80(2) of the Code could be granted, it would be relevant and profitable to quote Section 80 of the Code of Civil Procedure, which runs thus: 80. Notice.- (1) Save as otherwise provided in sub-section (2).no suit shall be instituted against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in h...
Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata
Court: Kolkata
Decided on: Apr-07-2016
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP912of 2013 Simplex Infrastructures LTD.-Vs.Commissioner of Service Tax, Kolkata Before For the Petitioner : The Honble Justice Arijit Banerjee : Mr.J.K. Mittal, Adv.MRS.Nilanjana Banerjee, Adv.For the Respondent : Mr.S.B. Saraf, Adv.Mrs.S.Mitra, Adv.Heard On : 15th July, 2015 CAV On : 28.08.2015 Judgment On : 07.04.2016 Arijit Banerjee, J.: (1) In the instant writ petition, the petitioner challenges a show cause-cum-Demand Notice dated 21st April, 2006 demanding service tax of Rs.65.25 crores (approx.) for the period 1st October, 2000 to 31st March, 2005 and also a hearing notice dated 13th August, 2013 issued more than seven years after issuance of the Show Cause-cum-Demand Notice, both of which according to the petitioner, are illegal and nonest in the eye of law. The Petitioners case:(2) The petitioner company was previously known as Simplex Concrete Piles (India) Ltd., with effect from 8 November, 2005, ...
Sanwar Agarwal Vs. Commissioner of Customs (Port) and Ors.
Court: Kolkata
Decided on: Apr-07-2016
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP No.496 of 2015 Sanwar Agarwal -Vs.Commissioner of Customs (Port) & ORS.Before : The Honble Justice Arijit Banerjee For the Petitioner : Mr.Pranab Kr. Dutta, Sr.Adv.Mr.S.Banerjee, Adv.For the Respondent : Mr.R.Bharadwaj, Adv.Md.T.M. Siddiqui, Adv.Heard On : 14.05.2015, 16.06.2015, 20.07.2015, 13.08.2015 25.08.2015, 15.09.2015, 06.10.2015 CAV On : 06.10.2015 Judgment On : 07.04.2016 Arijit Banerjee, J.:(1) In this writ application the petitioner challenges the legality and/or validity of Circular No.19/2013-CUS dated 9th May, 2013 issued by the Central Board of Excise and CustoMs.Ministry of Finance, (Department of Revenue).Government of India relating to classification of Filters referred to as Disposable Sterilized Dialyzer and Microbarrier for filtering blood. The said two medical appliances were earlier covered under Tariff Item 90189031 which pertain to Renal dialysis equipment (artificial kidneys, kidne...
Partha Bandyopadhyay Vs. Reserve Bank of India and Ors.
Court: Kolkata
Decided on: Apr-07-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P.No.1467 of 2006 Partha Bandyopadhyay versus Reserve Bank of India & ORS.with W.P.No.140 of 2007 Saumendra Kumar De versus Reserve Bank of India & ORS.For the Petitioner : Mr.Jaydip Kar, Sr.Advocate Mr.S.Mazumder, Advocate Mr.M.Salauddin Mollah, Advocate MR.S.Ghosh, Advocate For the Added Respondents : Mr.S.Chakraborty, Advocate Mr.S.Pan, Advocate For the Respondents : Mr.Lakhsmi Gupta, Sr.Advocate Mr.Debdatta Sen, Advocate Hearing concluded on : March 17, 2016 Judgment on : April 7, 2016 DEBANGSU BASAK, J. These two writ petitions have been taken up for hearing as they involve substantially similar issues. W.P.No.140 of 2007 has been filed by Ex-Officers of Reserve Bank of India. W.P.No.1467 of 2006 has been filed by ex-employees other than ex-officers of Reserve Bank of India. The petitioners had opted for early retirement under an Optional Early Retirement Scheme introduced by Reserve Bank of India. The ...
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