Kolkata Court May 2016 Judgments
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The Calcutta Stock Exchange Limited Vs. Mrs. Anuradha Malik
Court: Kolkata
Decided on: May-12-2016
C.S.No.38 of 2004 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction The Calcutta Stock Exchange Limited versus MRS.Anuradha Malik For the Plaintiff : Mr.Moloy Ghosh, Sr.Advocate Mr.Rupak Ghosh, Advocate Mr.K.Chatterjee, Advocate Ms.S.Saha, Advocate Mr.G.Das, Advocate For the Defendant : Mr.S.N.Mitra, Sr.Advocate Mr.A.Ray, Advocate Mr.A.Guha, Advocate Hearing concluded on : March 16, 2016 Judgment on : May 12, 2016 DEBANGSU BASAK, J. The plaintiff as a stock exchange has sought to recover amounts of default from the defendant as its member along with interest thereon. According to the plaintiff, the defendant has failed to honour its obligations under three settlements, namely, 20001148, 20001149 and 20001150. The defendant has filed a written statement along with a counter claim. According to the defendant, the plaintiff ought not to have stopped the trading facilities of the defendant. In any event, the plaintiff ought to have sold the shares held as securities on Mar...
Cit, Kolkataiii Vs. M/S. Kedia Castle Dellion Industries Ltd
Court: Kolkata
Decided on: May-11-2016
ORDER SHEET ITA31OF2007IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE CIT, KOLKATA-III Versus M/S.KEDIA CASTLE DELLION INDUSTRIES LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 11th May, 2016. For Appellant/Petitioner : Mrs.A.G.Gutgutia,Advocate For Respondent : Mr.J.P.Khaitan,Sr.Advocate Mr.Pramit Bag,Advocate The Court : The subject matter of challenge in this appeal is a judgement and order dated 19th May, 2006 passed by the learned Income Tax Appellate Tribunal B Bench, Kolkata in IT(SS)A.Nos.174 and 175(Kol) of 2004 by which the learned Tribunal directed the assessing officer to exclude a sum of Rs.2,90,43,971/- and a sum of Rs.5,90,21,000/-, which according to the learned Tribunal had been shown by the assessee as fictitious income. The aforesaid two amounts were directed to be excluded from the income of the two block periods. The reasoning given by the learned Tribunal is as follows : We have considered ...
Varun Raj Bagree Vs. Rathindra Nath Bandhopadhyay and Ors.
Court: Kolkata
Decided on: May-10-2016
GA No.1337 of 2016 With RVWO No.15 of 2016 APD No.165 of 2002 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE IN THE MATTER OF: VARUN RAJ BAGREE VERSUS RATHINDRA NATH BANDHOPADHYAY & ORS.Before: The Honble Justice INDIRA BANERJEE AND The Honble Justice SAHIDULLAH MUNSHI Date: 10th May, 2016. Appearance: Mr.Soumya Ghose, Adv.Mr.D.K.Bhattacharyya, Adv.Mr.P.C.Paul Chowdhury, Adv.Mr.K.Pal Chowdhury, Adv.Mr.Krishna Raj Thaker, Adv.Mr.Probhakar Chowdhury, Adv.The Court: This is an application for review of a judgement and order dated 8th March, 2016 passed by us whereby we dismissed the appeal, and upheld the impugned judgement and order. The application for review has been filed by one Varun Raj Bagri who was not a party to the suit and not a party to the appeal disposed of by us, by the judgement and order under review. The applicant for review is a member of the Bagree family. He is the son of late Krishna Kumar Bagree and grandson of late Girdhardas Bagree, who w...
Sudam Chandra Malakar Vs. Arundhuti Sen and Anr.
Court: Kolkata
Decided on: May-10-2016
ORDER SHEET GA700of 2013 CS30of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUDAM CHANDRA MALAKAR Versus ARUNDHUTI SEN AND ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 10th May, 2016. Appearance: Mr.Mainak Bose, Adv.Mr.S.Majumdar, Adv.Mr.A.Sinha, Adv.Mr.Sumit Talukdar, Adv.Mr.S.Ghosh, Adv.The Court : Not only an interesting but an important point is raised in this application, which is primarily an application for rejection of the plaint or, in other words, taking the plaint off the file. The plaintiff filed a suit for specific performance of an agreement for sale with other consequential reliefs being CS No.30 of 2013. In the instant application for rejection of plaint, it is stated that prior to the filing of the instant suit, the plaintiff instituted Title Suit No.1463 of 2012 before the City Civil Court at Calcutta for declaration that the oral agreement dated 22nd May, 2012 is binding upon both the parties and permanent injunction...
C.I.T. Kol Ii Vs. Duncan Industries Ltd.
Court: Kolkata
Decided on: May-10-2016
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 ITA No.242 OF2005C.I.T.KOL- II Versus DUNCAN INDUSTRIES LTD.For Appellant : MRS.A.G.Gutgutia,Advocate MRS.P.Dutta Maitra,Advocate For Respondent/Assessee : Mr.J.P.Khaitan,Sr.Advocate Mr.Sourav Bagaria,Advocate Mr.A.K.Dey,Advocate Heard on :6th May, 10th May, 13th May, 2016 Judgement Delivered on:10/13 May, 2016 GIRISH CHANDRA GUPTA, J. : The appeal is directed against a judgement and order dated 19th October, 2004 passed by the learned Income Tax Appellate Tribunal, C Bench, Kolkata in ITA No.905(Kol)/2013 pertaining to the assessment year 1998-99 allowing the appeal of the assessee partly. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal. The grounds of appeal disclosed, amongst otheRs.are as follows : ii) For that on the facts and circumstances of the case the Learned Tribunal w...
Kanak Projects Ltd. Vs. Hooghly Printing Co. Ltd.
Court: Kolkata
Decided on: May-09-2016
ORDER SHEET GA No.3453 of 2007 With CS No.268 of 2007 GA No.1234 of 2015 GA No.1527 of 2008 GA No.2813 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF: KANAK PROJECTS LTD.VERSUS HOOGHLY PRINTING Co.LTD.BEFORE: The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 6th May, 2016. Appearance: Mr.Jishnu Saha Sr.Adv.Mr.Sarathi Dasgupta, Adv.Mr.Pratik Ghose, Adv.Mr.Sayak Mitra, Adv..for the plaintiff. Mr.Sabyasachi Chowdhury, Adv.Mr.Rupak Ghosh, Adv.Mr.Sandip Kr. Datta, Adv.Ms.Shyantee Datta, Adv.. for the defendant The Court : GA No.3453 of 2007, GA No.1527 of 2008 and GA No.1234 of 2015 have all been filed on behalf of the plaintiff in the suit. GA No.2813 of 2008 has been filed by the defendant who is a lessee in the demised premises. Its main prayers in the application are as follows:a) Order dated 15th October 2007 be suitably modified to enable the applicant to actually install the said machine and to use the said machine for its printing ...
Ranajit Kumar Acharya Vs. United Bank of Indiaand Ors.
Court: Kolkata
Decided on: May-05-2016
ORDER SHEET WP1320of 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 : 5th May, 2016. Appearance: Mr.M.R.Sarbadhakari, Adv.for the petitioner. Mr.R.N.Majumdar, Adv.Mr.Gautam Chakraborty, Adv.Mr.Supratim Bhattarcharjee, Adv.for the respondents. The Court : Today is the adjourned date for submissions being heard on behalf of the bank regarding the proportionality of punishment, the other points having been heard and decided in its favour as recorded in order dated 20th April, 2016. It will be convenient to set out the relevant portion of the said order dated 20th April, 2016 as under: 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...
Ashok Kumar Doshi Vs. Union of India and Ors.
Court: Kolkata
Decided on: May-05-2016
ORDER SHEET APO NO.118 OF2016GA NO.1220 OF2016WITH WP NO.144 OF2016IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ASHOK KUMAR DOSHI Versus UNION OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 5th May, 2016. Mr.N.K.Poddar,Sr.Advocate, Mr.M.C.Ghosh, Mr.V.Tibrewal, advocates for appellant Mr.K.J.Tiwari,advocate for respondents The Court : The subject matter of appeal is a judgment and order dated 8th April, 2016 by which the learned Writ Court dismissed the writ petition. The writ petition was filed challenging an order dated 24th August, 2015 by which the learned Appellate Tribunal for Foreign Exchange refused to dispense with the amount of deposit of the penalty fully. The learned Tribunal restricted the dispensation to 85%, in other words, the right to prefer an appeal was granted subject to deposit of 15% of the amount of penalty. Challenging the aforesaid order passed under section 52(2) of the Foreign...
Biswanath Hosiery Mills Ltd and Anr. Vs. Textile Committee and Ors.
Court: Kolkata
Decided on: May-05-2016
ORDER WP No.1732 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BISWANATH HOSIERY MILLS LTD & ANR. Versus TEXTILE COMMITTEE & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 5th May, 2016 Mr.Mainak Bose, Adv.with Mr.Deepnath Roy Chowdhury, Adv.Mr.Hareram Singh, Adv..for the petitioners Mr.L.K. Chatterjee, Adv.with MRS.Ila Chatterjee, Adv.Ms.Anita Kundu, Adv..for the respondents The petitioners have assailed an order dated October 1, 2008 passed by the Assessing Officer under the Textile Committee Act, 1963. The learned Advocate for the petitioners has strenuously argued that since the fiRs.petitioner is not a manufacturer, the petitioners are not liable to pay the cess under the Act of 1963. The Assessing Officer has misdirected the inquiry and has come to an erroneous finding. The learned Advocate for the petitioner has referred to the earlier proceedings where the issue as to whether cess under Section 5A of the Act of 1963 is payable or not...
The Template Company of India Ltd. Vs. Joint Commissioner of Income Ta ...
Court: Kolkata
Decided on: May-05-2016
ORDER SHEET WP No.1280 of 2001 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE TEMPLATE COMPANY OF INDIA LTD.Versus JOINT COMMISSIONER OF INCOME TAX BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 5th May, 2016. Appearance: Mr.J.P.Khaitan, Sr.Adv.Ms.Nilanjan Banerjee Pal, Adv.For the petitioner. Mr.Tapas Kumar chatterjee, Adv.For the respondents. The Court :- The petitioner has assailed an order dated May 22, 2001 passed by the Joint Commissioner of Income Tax purporting to invoke the provisions of Section 147 by way of issuance of notice under Section 148 of the Income Tax Act, 1961. The petitioner has referred to the notice under Section 148 of the Income Tax Act being dated May 31, 2001. Learned Senior Advocate for the petitioner has submitted that the concerned assessment year is 1994-1995. The assessee was issued a notice for scrutiny for such assessment year on March 4, 1997. The petitioner had replied thereto by writing dated March 11, 1997. An...
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