Kolkata Court May 2016 Judgments
Dayanand Paswan Vs. Coal India Ltd. and Ors.
Court: Kolkata
Decided on: May-19-2016
In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP874of 2014 Dayanand Paswan -Vs.Coal India LTD.& ORS.Before For the Petitioner : The Honble Justice Arijit Banerjee : Mr.Subrata Ganguly, Adv.For the Respondents : Mr.R.N. Majumder, Adv.Mr.S.M. Obaidullah, Adv.Mr.Sanchita Barman Roy, Adv.Heard On : 27.08.2015, 05.10.2015 & 07.01.2016 CAV On : 13.01.2016 Judgment On : 19.05.2016 Arijit Banerjee, J.:(1) In this application the petitioner challenges the departmental proceeding culminating in the letter of termination of his service dated 11/13 December, 2013 and prays for a direction on the respondents to allow him to resume duty forthwith and for payment of all arrears for the period from February, 2002 till date. The petitioners case:(2) On 18 April, 1995 the petitioner was appointed as underground loader under Eastern Coalfields LTD.(in short ECL).He was then 22 years old. (3) By an office order dated 5 May, 1999, the petitioner was allowed to join as Switch ...
Tag this Judgment!M/S. Sicpa India Ltd Vs. Commisioner of Income Tax Iii, Kolkata
Court: Kolkata
Decided on: May-18-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [IncomeTax].ORIGINAL SIDE ITA542of 2007 M/S.SICPA INDIA LTD Versus COMMISIONER OF INCOME TAX -III, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 18th May, 2016. Mr.J.P. Khaitan, Sr.Adv.Mr.Sanjay Bhowmick, Adv.Mr.C.S. Das. Adv.Mr.M.P.Agarwal, Adv.The Court : The subject matter of challenge in this appeal is a judgement and order dated 27th April, 2007 passed by the Income Tax Appellate Tribunal E Bench, Kolkata in ITA No.288 (Kol) of 2006 and ITA No.374(Kol) of 2006 both pertaining to the assessment years 2002-03. There were two appeals because both the revenue and the assessee had challenged the order of the CIT(A).The appeal preferred by the revenue was dismissed and the appeal preferred by the assessee was partly allowed. The assessee has come up in appeal. The following questions of law were formulated when the matter was admitted by this Court on 7th February, 2008: 1. ...
Tag this Judgment!Sukumar Adak Vs. M/S. Business Horizon (P) Limited and Another
Court: Kolkata
Decided on: May-17-2016
G.A.No.2900 of 2004 W.P.No.290 of 2004 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sukumar Adak Versus M/S.Business Horizon (P) Limited & Another For the petitioner : Mr.Nayan Rakshit, Advocate For the respondents : Mr.Siddhartha Mitra, Advocate Mr.D.Gomes, Advocate Mr.Bhaskar Mukherjee, Advocate Heard on : 08.03.2016, 19.04.2016 Judgement on : 17.05.2016 The Court : The short question involved in the present application relates to whether and if so, to what extent, the subject matter of challenge in the writ petition can be allowed to be taken as a defence in a proceeding under Section 17B of the Industrial Disputes Act, 1947 (the Act for short).The writ petitioner, i.e., the opposite party herein, challenged the award dated January 2, 2004 passed by the learned Judge of the Second Labour Court in Case No.18 of 2003 as well as Order No.16 dated January 30, 2004 rejecting the application of review by the writ petitioner. The learned judge of the labour ...
Tag this Judgment!Goutam Kumar Agrahari Vs. Stock Holding Corporation of India Ltd. and ...
Court: Kolkata
Decided on: May-17-2016
IN THE HIGH COURT AT CALCUTTA Ordinary original Civil Jurisdiction Original Side G.A. No.3915 of 2015 CS No.118 of 2001 Goutam Kumar Agrahari Vs. Stock Holding Corporation of India Ltd. & Ors. For the plaintiff:- Mr. Rupak Ghosh Mr. P.K. Jhunjhunwala Ms. S. RudraAdvocates For the Defendant No.6 and 7: - Mr. U.S. MenonAdvocate Judgement On: - 17th May, 2016 I.P. MUKERJI, J The plaintiff took out this application wanting an order of this court for his examination on commission. Only the sixth and seventh defendants were represented in court. Their learned counsel took serious objection to any order being passed in this behalf. Before entertaining this application, I thought that it would be prudent if a report was obtained from the Registry with regard to the service of the writ of summons. On 2nd May, 2016 I made an order asking for a report from them. Very diligently, on 9th May, 2016, the Registrar Original Side reported that the Writ of summons was duly served on third and fourth def...
Tag this Judgment!Principal Commissioner of Income Tax, Durgapur Vs. M/S.Dutta Automobil ...
Court: Kolkata
Decided on: May-17-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE GA1116of 2016 ITAT142of 2016 PRINCIPAL COMMISSIONER OF INCOME TAX, DURGAPUR Versus M/S.DUTTA AUTOMOBILES PVT.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 17th May, 2016. MRS.Smita Das De, Adv.Mr.J.P. Khaitan, Sr.Adv.Mr.S.Bhowmick, Adv.Mr.C.S. Das, Adv.The Court : The appeal is directed against a judgement and order dated 5th October, 2015 passed by the Income Tax Appellate Tribunal C Bench, Kolkata in ITA no.407/Kol/2015 pertaining to the assessment year 2010-11. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal. The question of law suggested by Ms.Das De, learned advocate for the appellant/revenue, is as follows: Whether on the facts and in the circumstances of the case the Learned Tribunal was justified in law in not deciding the merits of the case and the applicability of Section 68 of the Income Tax Act and arrived a...
Tag this Judgment!Vandana Real Estates Pvt.Ltd. and Ors. Vs. Smt. Monika Daw and Ors.
Court: Kolkata
Decided on: May-16-2016
ORDER SHEET GA No.3755 of 2015 CS No.406 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VANDANA REAL ESTATES PVT.LTD.& ORS.Versus SMT. MONIKA DAW & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 16th May, 2016. Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Ashoke Kr. Banerjee, Sr.Adv.Jishnu Chowdhury, Adv.Debdut Mukherjee, Adv.Tapan Sil, Adv.for plaintiff No.1 Ratnanko Banerjee, Sr.Adv.R.R.Sen, Adv.D.Sharma, Adv.D.Choudhury, Adv.S.Choudhury, Adv.for plaintiff No.2 Pramit Ray, Sr.Adv.Suman Kr. Dutt, Adv.Prasanta Naskar, Adv.for plaintiff No.3 The Court : Mr.Ashoke Banerjee, learned senior Advocate appears and presses for an order of status quo being made in this application where his client, the plaintiff No.1 has asked for variation and modification of judgment and decree dated 28th July, 2004 which was made upon terms of settlement filed. His clients allegation is such settlement was arrived at by practising fraud. On the question of whether an or...
Tag this Judgment!Khaitan Hotels Private Ltd. Vs. Commissioner of Income Tax Iii, Kol.
Court: Kolkata
Decided on: May-16-2016
ORDER SHEET ITA92008 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(income tax) ORIGINAL SIDE KHAITAN HOTELS PRIVATE LTD.Versus COMMISSIONER OF INCOME TAX - III, KOL. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 16th May, 2016. Mr.J.P.Khaitan, Sr.Adv., with Mr.S.Bhowmick, Adv.AppeaRs.Ms.S.Das De, Adv., appears with Mr.F.Ghaffar, Adv.The Court : The subject matter of challenge in this appeal is a judgment and order dated February 9, 2007, passed by the learned Income Tax Appellate Tribunal, E Bench, Kolkata, in ITA No.1753/Kol/2006, pertaining to the assessment year 2003-04, by which the appeal of the assessee was dismissed. The aggrieved assessee has come up in appeal. The question of law formulated at the time of admission of the appeal reads as follows: Whether on a true and proper interpretation of the settlement dated October 9, 2001 and the joint working arrangement dated December 11, 2002, the payment of Rs.67,50,000/- made by the app...
Tag this Judgment!Rajmandir Estates Private Limited. Vs. Principal Commissioner of Incom ...
Court: Kolkata
Decided on: May-13-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Hon'ble Justice Asha Arora GA NO.509 OF2016WITH ITAT NO.113 OF2016RAJMANDIR ESTATES PRIVATE LIMITED. Versus PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA III, KOLAKTA. Advocate for the Appellant: Mr.N.K. Poddar, Sr.Adv.Mr.Vineet Tibrewal, Adv.Advocate for the Respondent: Mr.A.K. Ghosal, Sr.Adv.Mr.P.Dudhoria, Adv.Date of Hearing: 15.03.2016, 16.03.2016, 17.03.2016, 18.03.2016, 21.03.2016, 22.03.2016, 24.03.2016, 29.03.2016, 31.03.2016, 01.04.2016, 04.04.2016, 05.04.2016. Judgement delivered on:13th May 2016. GIRISH CHANDRA GUPTA, J. The appeal is directed against a judgement and order dated 3rd November, 2015 passed by the learned Income Tax Appellate Tribunal, Kolkata, D Bench in ITA No.882/KOL/2013 pertaining to the assessment year 2009-10 upholding an order dated 22nd March, 2013 passed under Section 263 of the Income Tax Act, 1961. The assesse...
Tag this Judgment!Tata Capital Financial Services Limited Vs. Blue Bird and Anr.
Court: Kolkata
Decided on: May-13-2016
ORDER GA No.320 of 2016 EC No.610 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction TATA CAPITAL FINANCIAL SERVICES LIMITED Versus BLUE BIRD & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 13th May, 2016. Appearance: Mr.Rohit Das, Advocate Ms.Ashapurna Roy, Advocate Mr.Gaurav Talukdar, Advocate Ms.Kishwar Rahman, Advocate ...for petitioners/judgment-debtORS.Mr.Priyankar Saha, Advocate Ms.Alivia Paul, Advocate ...for respondent/decree-holder. At the stage of execution of an arbitral award, objection is raised by the judgment-debtors that the execution proceeding is incompetent for the simple reason that the duly signed copy of the arbitral award was not dispatched to and/or received by them. What was sent to and received by the judgment-debtor No.2 is the photocopy of the award, which is contrary to the mandate given under Section 31(5) of the Arbitration and Conciliation Act, 1996. Though the point of jurisdiction is also raised, it appears that the ent...
Tag this Judgment!Versatile Wires Ltd. and Anr. Vs. Director General of Foreign Trade an ...
Court: Kolkata
Decided on: May-12-2016
W.P.No.1714 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Versatile Wires LTD.& Anr. versus Director General of Foreign Trade & ORS.For the Petitioners : Mr.J.P.Khaitan, Sr.Advocate Ms.R.Kajaria, Advocate Ms.A.Banerjee, Advocate Mr.Uttam Sharma, Advocate For the Respondent Nos.1 to 5 : Mr.P.K.Bhowmick, Advocate For the Respondent No.6 : Mr.Kaushik Dey, Advocate For the Respondent Nos.7 and 8 : Mr.Shekhar B Saraf, Advocate Mr.Subir Kumar Saha, Advocate Hearing concluded on : May 5, 2016 Judgment on : May 12, 2016 DEBANGSU BASAK, J. The petitioner has sought a declaration that, it is entitled to extension of the export licence dated January 2, 1996 in accordance with the Import and Export Policy 2002-2007 and the subsequent policies in view of such extension being approved by the Board for Industrial and Financial Reconstruction (BIFR) in a scheme sanctioned by the BIFR in respect of the petitioner. Learned Senior Advocate for the petitioners has su...
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