Kolkata Court April 2016 Judgments
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M/S. Banarsi Das and Sons Vs. Union of India and Ors.
Court: Kolkata
Decided on: Apr-07-2016
OD-1 WP No.289 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.BANARs.DAS & SONS Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th April, 2016. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Aryak Dutt, Adv.Mr.D.Das, Adv.for the petitioners Ms.Debjani Roy, Adv..for the respondents The Court : The petitioners question the propriety of a notification of September 25, 2013 and the denial by the office of the Director General of Foreign Trade of an incentive that the petitioners were entitled to under a notification of December 28, 2012. The petitioners claim that the issue involved herein is covered by an order of this Court of January 28, 2016. The petitioners say that a recent judgment of the Supreme Court reported at (2016) 2 SCC226(Director General of Foreign Trade versus Kanak Exports) leaves no doubt as to the petitioners entitlement. Though the Union does not dispute that the issue is the same as in WP No.1355 of 2...
Dpil Limited Vs. Commissioner of Income Tax, Kolkataii
Court: Kolkata
Decided on: Apr-07-2016
ORDER SHEET ITA NO.18 OF2008IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(income tax) ORIGINAL SIDE DPIL LIMITED Versus COMMISSIONER OF INCOME TAX, KOLKATA-II BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 7th April, 2016. Mr.J.P.Khaitan, Sr.Adv.With Mr.A.Sengupta, Adv., for appellant. Mr.M.Nizamuddin, Adv.With Mr.F.Gaffer, Adv., for respondent. The Court : The subject matter of challenge is a judgment and order dated September 7, 2007, passed by the Income Tax Appellate Tribunal, D-Bench, Kolkata, pertaining to assessment year 2003-04, in appeal being ITA No.1420/Kol/2007, by which the Tribunal partly allowed the appeal preferred by the assessee. It may be mentioned that in respect of the self-same assessment year challenging the order of the CIT(A).the revenue has also preferred an appeal, which was registered as ITA No.15 of 2008 which we disposed of today by a separate judgment. The questions formulated at the time of admission of the ap...
M/S. Indusind Bank Ltd. Vs. Sk. Idrish Ali and Anr.
Court: Kolkata
Decided on: Apr-07-2016
ORDER EC No.815 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF:M/S.INDUSIND BANK LTD.Versus SK. IDRISH ALI & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th April, 2016. Appearance: Mr.Swatarup Banerjee, Advocate Mr.Aasif Hossain, Advocate. The Court:-Despite service, there is no representation on behalf of the judgment debtORS.At the time of moving the execution application, it was pointed out to the court that an application under Section 9 of the Arbitration and Conciliation Act, 1996 was taken out before the learned City Civil Court wherein a receiver was appointed to take possession of such asset and a direction was sought upon the receiver to take steps to sell the said asset in question. The Court directed the receiver to take steps to sell the asset in question by public auction. Copies of the said order as well as the execution application are served upon the judgment debtORS.The judgment debtors however have...
Skipper Steel Ltd. and Anr. Vs. Bank of India and Ors.
Court: Kolkata
Decided on: Apr-07-2016
APO104of 2016 G.A.1012 of 2016 W.P.1515 of 2004 IN THE HIGH COURT AT CALCUTTA In Appeal from an Order passed in its Constitutional Writ Jurisdiction Original Side SKIPPER STEEL LTD.& ANR. Versus BANK OF INDIA & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th April, 2016. For the Appellants : For Respondents 1&2 : Mr.Jishnu Chowdhury with Ms.S.Sharma,Advocates Mr.Sandeep Bose, Advocate For the Respondents 3&4 : Mr.Suddhasatwa Banerjee with Mr.Victor Dutta, Advocates THE COURT aggrieved by the : The appellant is before us judgment and order dated 9-3-201. Apparently, the appellant was the writ petitioner who approached the learned Single Judge contending that invocation of Bank Guarantee vide letter dated 5-7-2004 was not made in accordance with the terms of the Bank Guarantee. According to the appellant-petitioner, unless there is a specific statement as indicated in the letter, invoked. As Bank Guarantee against this, ought the n...
Mohammad Iqbal Pariyani and Ors. Vs. Speed Auto Service (Private) Limi ...
Court: Kolkata
Decided on: Apr-07-2016
ORDER SHEET GA5962015 GA6482015 CS4162014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOHAMMAD IQBAL PARIYANI & ORS.Versus SPEED AUTO SERVICE (PRIVATE) LIMITED BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th April, 2016. Mr.S.N.Mitra, Sr.Adv., Mr.Anuj Singh, Adv., Mr.S.E.Huda, Adv.for the plaintiff/petitioner. Mr.Dhruba Ghosh, Adv., Mr.Soumajit Ghosh, Adv., Mr.Sananda Ganguly, Adv., Mr.Subhrodip Roy, Adv., Ms.Payel Bhattacharya, Adv., for the defendant/respondent. Re : GA6482015 The Court : In this application under Chapter XIIIA of the Original Side Rules of this High Court, the plaintiffs/petitioners pray for a summary judgment as the defendant/respondent has no defence far to speak of plausible defence to the claim. Before proceeding to decide and determine the issues raised in this application, it would be appropriate and pertinent to take note of the scope under the aforesaid provision. Essentially, the provisions contained under Chapter X...
Excel Dealcomm Pvt. Ltd. Vs. Asset Reconstuction Company (India) Ltd. ...
Court: Kolkata
Decided on: Apr-06-2016
GA No.1912 of 2013 CS No.74 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EXCEL DEALCOMM PVT.LTD.Versus ASSET RECONSTUCTION COMPANY (INDIA) LTD.& ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 6th April, 2016. Appearance Mr.Asit Dey, Adv.Mr.Sabyasachi Chowdhury, Adv.Mr.Subhankar Nag, Adv.Mr.T.Dey, Adv.Mr.Bimal Chatterjee, Sr.Adv.Mr.Rudraman Bhattacharya, Adv.Mr.Pratik Ghosh, Adv.The Court : In an application seeking revocation of leave under Clause 12 of the Letters Patent, the defendant asserts that the suit is not only liable to fail being a suit for land but because of the Forum Selection Clause, this Court lacks jurisdiction and it is a Court/ Tribunal at Mumbai which is competent to entertain the disputes raised in the instant suit. The plaint case proceeds that the defendant No.1, a securitisation company under the Securitisation and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002, of which the...
Npr Finance Limited Vs. Deepak Jhunjhunwala
Court: Kolkata
Decided on: Apr-06-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A.957 of 2009 With C.S.97 of 2003 NPR FINANCE LIMITED -versus DEEPAK JHUNJHUNWALA CORAM: HONBLE Mr.JUSTICE HARISH TANDON For the Petitioner Mr.Abhrajit Mitra, Sr.Adv., Mr.Soumabho Ghosh, Adv., MRS.Sonia Sharma, Adv., Ms.Madhumanti Chakraborty, Adv., For the Respondent Mr.Aniruddha Mitra, Adv., Mr.Saunavo Basu, Adv., Mr.Sajjan Kr. Kassena, Adv.Date 06.04.2016 Harish Tandon, J.: The plaintiffs have filed an application under Chapter 13A of the Original Side Rules for summary judgment. The plaint case proceeds that in and about the month of February, 2006 the plaintiff lent and advance various sums aggregating Rs.5 Crore 24 Lacs on the request of the defendant on an agreed rate of interest. It was agreed that the interest would be payable on monthly basis on production of the bills by the plaintiff upon the defendant. The entire sum was advanced between February, 2000 and March, 2001 and the account confirm...
Shri Keshab Bangur Vs. Union of India
Court: Kolkata
Decided on: Apr-06-2016
WP No.1163 of 2005 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHRI KESHAB BANGUR Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 6th April, 2016. Appearance: Mr.Bhaskar Sen, Sr.Adv.Mr.Indranil Roy, Adv.Mr.Bimalendu Das, Adv.Mr.P.KI. Chatterjee,, Adv.Ms.S.Das, Adv..for the petitioner Mr.Kumar Jyoti Tewari, Adv..for UOI The Court : The petitioner has assailed an order dated December 13, 2004 passed by the Special Director of the Enforcement Directorate. A sum of Rs.50 lakhs has been imposed as penalty against the petitioner after returning a finding that the charges of violation of the provisions of Foreign Exchange Regulation Act, 1973 stood established. Mr.Bhaskar Sen, learned senior advocate appearing for the petitioner has submitted that, the impugned order is vitiated by the breach of the principles of natural justice. The petitioner was not afforded a reasonable opportunity to present his case. Notice of the hearing of the p...
Development Consultants Pvt. Ltd. Vs. Rama Engineering
Court: Kolkata
Decided on: Apr-06-2016
ORDER SHEET GA3759OF2015APOT560OF2015AP202OF2015IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DEVELOPMENT CONSULTANTS PVT. LTD. Versus RAMA ENGINEERING BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date :6. h April, 2016. For appellant : Mr. Ranjan Bachawat, senior advocate, Mr. D. Dutta, Mr. R. Medora, Mr. S. Mukherjee. For respondents : Mr. J.Chowdhury, Mr. S. Bhattacharyya, Mr. S. Basu, Ms. N. Bahal. The Court : This appeal is against a judgment and order dated 9th October, 2015 whereby the application filed by the appellant under section 34 of the Arbitration and Conciliation Act, 1996 , hereinafter referred to as the 1996 Act, for setting aside of an arbitral award, has been dismissed on the ground of noncompliance with section 19 of the Micro, Small Medium Enterprises Development Act, 2006, hereinafter referred to as the 2006 Act. The impugned award, sought to be set aside was passed under the 2006 Act. Some of the r...
Bijay Gope @ Bijay Sankar Gope Vs. Coal India Ltd. and Ors.
Court: Kolkata
Decided on: Apr-04-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO No.372 of 2015 WP No.615 of 2015 BIJAY GOPE @ BIJAY SANKAR GOPE Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE NISHITA MHATRE The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 4th April, 2016. Mr.N.Ganguly, Adv.For the Appellant Mr.Alok Banerjee, Adv.Ms.S.Burman Roy, Adv.For the Respondents The Court : The appellant is aggrieved by the decision of the learned Single Judge dated 4th August, 2015 passed in WP No.615 of 2015. By the impugned order, the learned Single Judge has refused the prayer of the appellant to correct his date of birth from 1st July, 1955 to 2nd January, 1962. It is submitted by the learned counsel appearing for the appellant that although all the records of the respondent company with respect to the appellant show his date of birth as 1st July, 1955, his school leaving certificate and the certificate issued by Bihar School Examination Board show that his date of birth was 2n...
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