Kolkata Court June 2016 Judgments
Commissioner of Income Tax, Kolkataiv Vs. J J Development (P) Ltd
Court: Kolkata
Decided on: Jun-16-2016
ORDER SHEET ITA5192008 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(income tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-IV Versus J J DEVELOPMENT (P) LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 16th June, 2016. Ms.A.Quereshi, Adv.AppeaRs.Ms.A.Banerjee, Adv.AppeaRs.The Court : The appeal is directed against a judgment and order dated November 16, 2007, passed by the learned Income Tax Appellate Tribunal, C Bench, Kolkata, in ITA No.2105/Kol/2006 and ITA No.126/Kol/2006, both pertaining to the assessment year 2003-04. ITA No.2105/Kol/2006 was preferred by the assessee and ITA No.126/Kol/2006 was preferred by the revenue. objection which No.126/Kol/2006. was numbered as C.O.The assessee also filed a cross No.6/Kol/2007, connected with ITA The aggrieved revenue has come up in appeal. At the time of admission of the appeal, the following questions were formulated: (a) Whether on the facts and in the circumstances of the case, th...
Tag this Judgment!Abhishek Bhuchasia Vs. Mohan General Trading Company
Court: Kolkata
Decided on: Jun-15-2016
ORDER SHEET GA1614OF2016EC514OF2011IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHISHEK BHUCHASIA Versus MOHAN GENERAL TRADING COMPANY BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 15th June, 2016. Mr.S.Bhattacharyyafor applicant/judgment debtor. Mr.K.C.Garg, Ms.S.AGarwalfor decree holder . The Court : The unsuccessful litigant at all stages of the proceeding as a last gasping resort have activated the judicial process under Section 47 of the Code of Civil Procedure. The judgment debtor tried to impress the court that the plaint lacks cause of action having arisen within the jurisdiction of this court and, therefore, the decree is a nullity. A further point is taken that the plaintiff is not working for gain at the address given in the cause title of the plaint which would be corroborated by the fact that the notice served through postal department has returned with the postal remark not known. On the backdrop of the aforesaid facts the judgment...
Tag this Judgment!Abhishek Buchasia Vs. Mohan General Trading Company
Court: Kolkata
Decided on: Jun-15-2016
ORDER SHEET GA1614OF2016EC514OF2011IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHISHEK BUCHASIA Versus MOHAN GENERAL TRADING COMPANY BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 15th June, 2016. Mr.S.Bhattacharyyafor applicant/judgment debtor. Mr.K.C.Garg, Ms.S.AGarwalfor decree holder . The Court : The unsuccessful litigant at all stages of the proceeding as a last gasping resort have activated the judicial process under Section 47 of the Code of Civil Procedure. The judgment debtor tried to impress the court that the plaint lacks cause of action having arisen within the jurisdiction of this court and, therefore, the decree is a nullity. A further point is taken that the plaintiff is not working for gain at the address given in the cause title of the plaint which would be corroborated by the fact that the notice served through postal department has returned with the postal remark not known. On the backdrop of the aforesaid facts the judgment ...
Tag this Judgment!L and T Finance Ltd. Vs. M/S. Durga Travels and Anr.
Court: Kolkata
Decided on: Jun-14-2016
GA No.1025 of 2016 EC No.259 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.-VersusM/S.DURGA TRAVELS & ANR. Appearance: Mr.Kaushik Chatterjee, Adv Ms.S.Saha, Adv...for the decree-holder. Mr.Nishit Adhikary, Adv.Mr.J.Adhikary, Adv.Mr.T.Dhali, Adv...for the judgment-debtORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 14th June, 2016. The Court : A person who has not come to the court with clean hands should not deserve any sympathy and mercy. Apart from the same, sympathy and mercy has no role to play in dispensation of justice. The law, if it operates harshly upon the litigant, it is to be so accepted and cannot be melted down because the litigant is a septuagenarian or octogenarian. An agreement was entered into between the judgmentdebtors and the decree-holder containing an arbitration clause. A dispute was raised and the parties invoked the arbitration clause by appointing the arbitrator. Admittedly, the arbitrator made...
Tag this Judgment!Star Vincom Private Ltd. Vs. K.L. Commercial(P) Ltd.
Court: Kolkata
Decided on: Jun-14-2016
ORDER SHEET GA No.951 of 2016 CS No.86 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STAR VINCo.PRIVATE LTD.Versus K.L.COMMERCIAL(P) LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 14th June, 2016. Appearance: Mr.Jishnu Chowdhury, Adv.Mr.Aritra Basu, Adv.Mr.Rajesh Upadhyay, Adv.Mr.Subhadeep Basak, Adv..for petitioner. Mr.Kaushik Chowdhury, Adv.Mr.Gopal Pahari, Adv..for respondent. The Court:-A bold and strange argument is advanced at the behest of the respondent in a suit for recovery of money with consequential reliefs. In an application for judgement on admission and an attachment before judgement, the respondent has disclosed two letters dated 27th March, 2015 and 3rd November, 2015 whereby and where under it was agreed and consented to cancel the agreement for sale of premises No.15/NB, Block-A, New Alipore, Kolkata-700 053 and enclose 12 several cheques each for a sum of Rs.12,50,000/- totalling Rs.1 crore 50 lakhs and 10 subsequent ...
Tag this Judgment!Well Wisher Electronics Pvt. Ltd. and Anr. Vs. State of West Bengal an ...
Court: Kolkata
Decided on: Jun-14-2016
GA No.1230 of 2016 APO No.107 of 2016 WP No.1942 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE WELL WISHER ELECTRONICS PVT.LTD.& ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE SANKAR ACHARYYA Date : 14th June, 2016. Appearance: Mr.Samaraditya Pal, Sr.Advocate Ms.Vineeta Meharia, Advocate Mr.V.Majundar, Advocate Mr.S.Bose, Advocate Mr.Sadhan Roy Chowdhury, Advocate Mr.Aniruddha Sen, Advocate The Court: The dispute involved in this appeal arises out of an order withdrawing exemption granted to a company incorporated under the provisions of the Companies Act, 1956 by the name of Calcutta Credit Corporation LTD.under the provisions of Section 20(2) of the Urban Land (Ceiling and Regulation) Act, 1976. The land, which would have had vested in the State but for the exemption order under the provisions of 1976 Act comprises of an area of 5529.84 square meters in Mouja Benedanga in the district of Hooghly...
Tag this Judgment!Sanjoy Kumar Sett Vs. Dharamraj Prasad and Anr.
Court: Kolkata
Decided on: Jun-13-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A.739 of 2016 With C.S.346 of 2014 Sanjoy Kumar Sett -versus Dharamraj Prasad & Anr. CORAM: HONBLE Mr.JUSTICE HARISH TANDON For the Petitioner Ms.Sutapa Sanyal, Adv.For the Respondents Mr.Chayan Gupta, Adv.Judgment on 13.06.2016 The Court: The present controversies invite the Court not only to narrate the scope of the provisions contained in Order XII Rule 6 of the Code of Civil Procedure but also a distinction to be drawn between the said provision and the provisions contained in Rule 6 of Chapter XIIIA of the Original Side Rules of Calcutta High Court. Before proceeding to address the issue as indicated above, the salient features of facts involved in this case are required to be adumbrated herein below. The plaint case simply proceeds that the plaintiff promoted a company by the name of Globe Forex and Travel Limited with the registered office at 100, Ho Chi Minh Sarani, Kolkata 700 071, and employed...
Tag this Judgment!Jaldhi Overseas Pte. Ltd Vs. Ambo Exports Limited
Court: Kolkata
Decided on: Jun-13-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE E.C.448 of 2013 Jaldhi Overseas Pte. Ltd -VsAmbo Exports Limited Before: Honble Justice Harish Tandon Date: 13/06/2016 Appearance: Mr.K.Thaker, Mr.Chayan Gupta, Ms.Divya Singhania, Mr.Amitabh Ray. . For the Petitioner / Award Holder. Mr.R.K.Chowdhury, Ms.Saswati Joardar, Mr.Protyush Chatterjee. . For the Respondent / Award Debtor The Court: The Execution Application is filed to enforce a foreign award dated 7th January, 2013 under Section 46 of the Arbitration and Conciliation Act. The enforcement is further sought to the final award for costs dated 1st March, 2013. The salient facts as would emerge from the affidavit in support of the tabular statement are that the petitioner chartered the vessel for carriage of the cargo from Haldia and Sagar to a port in China. The said vessel was chartered for shipment of the iron ore fines to the respondent under the Fixture Note dated 30th March, 2011. The vessel arr...
Tag this Judgment!Jiauddin Mollah Vs. Cit. Kolxvi
Court: Kolkata
Decided on: Jun-13-2016
ITA No.145 of 2010 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE JIAUDDIN MOLLAH -VersusCIT. KOL-XVI BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 13th June, 2016. Appearance: Mr.Malay Dhar, Adv...for the appellant. Mr.Aniket Mitra, Adv...for the respondent. The Court : The appeal is directed against a judgment and order dated 15th January, 2010 passed by the learned Income Tax Appellate Tribunal, Bench-A, Calcutta pertaining to the assessment year 2006-07 allowing an appeal of the revenue. assessee has come up in appeal. The aggrieved The question formulated at the time of admission of the appeal reads as follows: Whether the learned Tribunal on the facts and in the circumstances of the case was justified in law in reversing the decision of the Commissioner of Income-Tax (Appeal) and upholding the addition of Rs.16,50,390/- made by the Assessing Officer by invoking Section 194C(2) read with Section 40(a)(ia) of t...
Tag this Judgment!Kitply Industries Limited Vs. Kotak Mahindra Prime Limited and Anr.
Court: Kolkata
Decided on: Jun-13-2016
1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A.2411 of 2010 G.A.1803 of 2010 With C.S.139 of 2010 Kitply Industries Limited -VsKotak Mahindra Prime Limited & Anr. G.A.2414 of 2010 G.A.1804 of 2010 G.A.1002 of 2016 With C.S.140 of 2010 Kitply Industries Limited -VsKotak Mahindra Investment Limited & Anr. Before: Honble Justice Harish Tandon Date: 13/06/2016 Appearance: Mr.Suman Dutta, Mr.Supratim Laha. . For the Petitioner. Mr.Utpal Bose, Mr.Prantik Godai. . For the Respondents. The Court: The plaintiff filed C.S.No.139 of 2010 seeking decree for declaration that it is under no obligation to pay any amount under the Term Loan Facility Agreement dated 8th March, 2008 or Demand Promissory Note dated 07/03/2008 and that the said Demand Promissory Note be declared void and be deliver up and cancelled. Apart from the same a decree for specific performance of an agreement as indicated in Paragraphs 13 and 20 thereof is also sought therein. The facts sta...
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