Kolkata Court June 2016 Judgments
Pic Departmental Private Limited Vs. The Kolkata Municipal Corporation ...
Court: Kolkata
Decided on: Jun-22-2016
W.P.No.1726 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side PIC Departmental Private Limited versus The Kolkata Municipal Corporation & ORS.For the Petitioner : Mr.Sakti Nath Mukherjee, Sr.Advocate Mr.S.Basu, Sr.Advocate Ms.S.Mukherjee, Advocate Mr.A.K.Mukhopadhyay, Advocate For the Respondent : Mr.Alok Kr. Ghosh, Advocate Nos.7 and 9 Mr.F.Haque, Advocate Mr.D.Ghosh, Advocate For the KMC : Mr.Barin Banerjee, Advocate Mr.Swapan Kr. Debnath, Advocate Hearing concluded on : June 15, 2016 Judgment on : June 22, 2016 DEBANGSU BASAK, J. The petitioner has assailed an Order dated August 10, 2006 passed by the Special Officer (Building) of Kolkata Municipal Corporation (KMC) in a proceedings under Section 400 of the KMC Act, 1980 in respect of Premises No.161/2/1, Rashbehari Avenue, Kolkata. Learned Advocate for the petitioner has submitted that, the Special Officer (Building) in the impugned order has regularized unauthorized constructions. The provisions ...
Tag this Judgment!Commissioenr of Income Tax, Kolkataiii Vs. M/S. Itc Limited, Kolkata
Court: Kolkata
Decided on: Jun-22-2016
ORDER SHEET ITA767OF2008IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIOENR OF INCOME TAX, KOLKATA-III Versus M/S.ITC LIMITED, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 22nd June, 2016. For Appellant/Petitioner : Mr.P.K.Bhowmik,Advocate For Assessee : Mr.J.P.Khaitan,Sr.Advocate Ms.Nilanjana Banerjee (Pal),Advocate The Court : The appeal is directed against a judgement and order dated 7th March, 2008 passed by the learned Income Tax Appellate Tribunal E Bench, Kolkata in ITA No.1527 (Kol) of 2007 pertaining to the assessment year 2004-05 by which an appeal preferred by the Revenue was dismissed. Aggrieved revenue has once again come up in appeal which was admitted on 20th November, 2008 and the following question of law as suggested by the revenue was admitted by the court : Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal, E Bench Kolkata erred in law in a...
Tag this Judgment!Ramtech Industries Pvt. Ltd. Vs. Punjab National Bank and Ors.
Court: Kolkata
Decided on: Jun-22-2016
GA No.2651 of 2015 CS No.123 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAMTECH INDUSTRIES PVT.LTD.Versus PUNJAB NATIONAL BANK & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 22nd June, 2016. Appearance: Mr.Ratnanko Banerji, Sr.Adv.Mr.Shaunak Mitra, Adv.Mr.Soumabho Ghosh, Adv.Mr.Aasish Banerjee, Adv.Ms.Priyanka Lahiri, Adv..for the petitioner Mr.Anirban Ray, Adv.Mr.S.Shukla, Adv..for the defendant no.14 The Court : The defendant no.14 has taken out the present application for rejection of a plaint primarily on the ground that there is no cause of action pleaded against the applicant therein. Ancillary to this, it is contended that the applicant has been unnecessarily impleaded as a party defendant in the said suit by clever draftsmanship creating illusory cause of action and such frivolous suit should be nipped in the bud. The cause of action is not a stray sentence or a date and is not defined in the statute book. The definition has...
Tag this Judgment!Arvind and Company Vs. Commissioner of Income Tax Xv Kolkata.
Court: Kolkata
Decided on: Jun-21-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA11of 2010 ARVIND AND COMPANY Versus COMMISSIONER OF INCOME TAX- XV KOLKATA. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 21st June, 2016. Mr.Ananda Sen, Adv.Mr.S.S.Bhutoria, Adv..for the appellant Mr.S.N. Dutta, Adv.Mr.R.K. Sinha, Adv.for the respondent. The Court : The appeal is directed against a judgement and order dated 24th July, 2009 passed by the learned Income Tax Appellate Tribunal C Bench in ITA No.1018/Kol/2009 pertaining to the assessment year 2006-07 by which an appeal preferred by the assessee was dismissed. The assessee has come up in appeal. The following questions of law were formulated on 6th August, 2010 when the appeal was admitted. ].Whether in the facts and in the circumstances of the case and on a true and proper interpretation of Section 24(b) of the Income Tax Act, 1961 was justified in law in disallowing the interest paid to t...
Tag this Judgment!Land and Bricks and Entertainments Ltd. Vs. C. M. C. and Anr.
Court: Kolkata
Decided on: Jun-21-2016
ORDER SHEET WP1481OF2002IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE LAND & BRICKS & ENTERTAINMENTS LTD.Versus C.M.C. & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st June, 2016. Ms.N.Banerjee, Mr.D.Deyappear. Mr.A.K.ChatterjeeappeaRs.The Court : Sections 234[1].[b]., 234[1A]., [1B].and 234A of the Kolkata Municipal Corporation Act, 1980 provide a complete machinery for levy and collection of water fee. The said provisions are inserted below. 234. Corporation's duty to supply water:- (1) It shall be the duty of the Corporation to take steps from time to time (b) for providing a supply of wholesome water in pipes to every part of Kolkata in which there are houses, for domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that the Corporation shall not be required to do anything which is not practicable...
Tag this Judgment!Tata Capital Financial Services Limited Vs. Remac Reality India Ltd. a ...
Court: Kolkata
Decided on: Jun-21-2016
ORDER SHEET GA33842015 EC5632015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TATA CAPITAL FINANCIAL SERVICES LIMITED Versus REMAC REALITY INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 21st June, 2016. Mr.Tapas Dutta, Adv., for the applicants/judgment-debtORS.Mr.Priyankar Saha, Mr.Alivia Paul, Advs., for the decreeholder/award holder. The Court : An unmeritorious argument has been advanced at the bar which is neither corroborated nor supported by any facts. An application is taken out before the executing court for removal of the Receiver; lifting of the order of attachment and above all setting aside the arbitral award. The learned Advocate arguing on behalf of the applicants was invited by the court to satisfy whether such an application is at all maintainable before the executing court. Admittedly, three of the applicants are the judgment-debtors who suffered an award. The fourth applicant who has joined with the judgment-debtor...
Tag this Judgment!Eveready Industries India Limited Vs. Roshanlal Jain and Anr.
Court: Kolkata
Decided on: Jun-20-2016
1 G.A.1243 of 2016 With C.S.116 of 2016 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION EVEREADY INDUSTRIES INDIA LIMITED -versus ROSHANLAL JAIN & ANR. Before: THE HONBLE Mr.JUSTICE HARISH TANDON Date: 20/06/2016 Apprearance: Mr.Ranjan Bachawat, Sr.Adv., Mr.Debnath Ghosh, Mr.Soumya Roychowdhury. .for the Petitioner. Harish Tandon, J.: The petitioner claimed to have been incorporated in the year 1905 and was the then known as the National Carbon Company (India) LTD.Subsequently, the name of the company was changed and is now as Eveready Industries India Limited. The petitioner is a reputed consumer goods company and marketing the dry cell batteries, flashlights, electric bulbs, packet tea and general lighting and electrical products using the house mark Eveready. The entire range of products governed and marketed by the petitioner company under the mark Eveready and is well known amongst the general public both on quality of products and the volume of business in Indi...
Tag this Judgment!M/S. Eastern Coalfields Ltd. Vs. Chandmoni Majhin
Court: Kolkata
Decided on: Jun-20-2016
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Nishita Mhatre And The Honble Justice Rakesh Tiwari June 20, 2016 GA1439of 2016 APO153of 2016 WP841of 2014 M/S.Eastern Coalfields LTD.versus Chandmoni Majhin Mr.Maloy Basu, Senior Advocate with Mr.Aloke Kumar Banerjee, Advocate Mr.S.M.Obaidulha, Advocate Mr.Partha Basu, Advocate Mr.Nikhil Kumar Roy, Advocate for the appellant Mr.Partha Ghosh, Advocate for the respondent The Court :- The appeal is directed against the decision of the learned Single Judge in WP841of 2014. The respondent had approached the learned Single Judge inter alia for the following reliefs :- (a) A writ in the nature of Mandamus commanding the respondent authorities including their men, agents and servants to correct the year of birth of the petitioner as 1964 as per the record ; A writ in the nature of Mandamus commanding the respondent authorities to declare the date of birth claimed by the ECL Authority as 02.02...
Tag this Judgment!Commissioner of Income Tax, Kolkataii Vs. West Bengal Infrastructure D ...
Court: Kolkata
Decided on: Jun-20-2016
ORDER SHEET ITA NO.467 OF2008IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-II Versus WEST BENGAL INFRASTRUCTURE DEVELOPMENT FINANCE CORPORATION LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 20th June, 2016. MR.M.P.AGARWAL, MR.F.GAFFER, ADVOCATES FOR APPELLANT MR.J.P.KHAITAN,SR.ADVOCATE, MR.ANANDA SEN,ADVOCATE FOR RESPONDENT The Court : The appeal is directed against a judgment and order dated 21st September, 2007 passed by the Income Tax Appellate Tribunal E Bench, Kolkata in M.A.No.38/Kol/2007 arising out of ITA No.395/Kol/2006 pertaining to the assessment year 2002-03, by which the order dated 25th August, 2006 passed in ITA No.395/Kol/2006 was varied. The order dated 25th August, 2006 was as follows:On hearing the rival submissions on this issue, we could not, however, persuade ourselves to agree with the contention of Dr.Pal as because the case laws cited by him are not s...
Tag this Judgment!Rick Lunsford Trade and Investment Limited Vs. Commissioner of Income ...
Court: Kolkata
Decided on: Jun-17-2016
ORDER SHEET ITA149OF2007IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE RICK LUNSFORD TRADE & INVESTMENT LIMITED Versus COMMISSIONER OF INCOME TAX, KOLKATA - I BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 17th June, 2016. For Appellant/Petitioner : Mr.J.P.Khaitan, Sr.Advocate Mr.P.Jhunjhunwala,Advocate Mr.S.Das,Advocate For Revenue/Respondent : Mrs.Anwara Quereshi,Advocate The Court : The appeal is directed against the judgement and order dated 6th September, 2006 passed by the learned Income Tax Appellate Tribunal, B Bench , Kolkata in ITA No.2421/Kol/2005 pertaining to the assessment year 1983-84 by which the learned Tribunal dismissed an appeal preferred by the assessee. The assessee has come up in appeal. The question formulated at the time of admission of the appeal on 6th June, 2007 reads as follows : (a) Whether and in any event, the Tribunal was justified in law in upholding the addition of share capital to...
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