Kolkata Court June 2016 Judgments
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Asha Jain Vs. Union of India and Ors.
Court: Kolkata
Decided on: Jun-13-2016
1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A.4054 of 2015 With C.S.340 of 2015 G.A.511 of 2016 Asha Jain -VsUnion of India & ORS.Before: Honble Justice Harish Tandon Date: 13/06/2016 Appearance: S. Saha, S. Banerjee. . For the Petitioner. L.K.Chatterjee, Aparna Banerjee. . For RDSO & the Respondent Nos.1 to 4. Harish Tandon, J. The application for injunction and an application under Section 8 of the Arbitration and Conciliation Act, 1996 are taken up together to avoid the prolixity of repetition of facts as well as the questions involved therein, which are intricately related to each other. Admittedly, the petitioner is an approved vendor for manufacture and supply of the composite grooved rubber sole plates (hereinafter referred to as the rubber plates) which is used for railway tracks. The rubber plates are track fitting items and manufactured as per the technical drawing and specification approved by the Director General / QAC, Research Desi...
Prabha Agarwal Vs. Aditi Oil Mill
Court: Kolkata
Decided on: Jun-10-2016
In the High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA3031of 2015 CS271of 2014 Prabha Agarwal -Vs.Aditi Oil Mill Before : The Honble Justice Arijit Banerjee For the petitioner/defendant : Mr.S.Banerjee, Adv.Ms.S.Majumdar, Adv.For the respondent/plaintiff : Mr.N.Dasgupta, Adv.Mr.R.L. Mitra, Adv.Heard on : 22.09.2015, 22.12.2015 & 20.04.2016 CAV On : 19.05.2016 Judgment On : 10.06.2016 Arijit Banerjee, J.: (1) The defendant in the suit has taken out this application for recalling the judgment and decree dated 15 June, 2015 passed in the suit. The decree was passed ex parte when the suit appeared in the undefended list since the defendant had failed to file its written statement. (2) Ld. Counsel for the plaintiff has taken a preliminary objection to the maintainability of the application. He contended that the decree was completed, perfected, drawn up and filed prior to the instant application being filed and as such this Court has no jurisdiction to entertain...
Union of India and Ors. Vs. Skylark Fiscal Services Pvt. Ltd. and Anr.
Court: Kolkata
Decided on: Jun-09-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Debasish Kar Gupta And The Honble Justice Md.Mumtaz Khan APO No.154 of 2014 With WP No.137 of 2009 Union of India & ORS.Versus Skylark Fiscal Services PVT.LTD.& Anr. With APO No.139 of 2014 With WP No.137 of 2009 Skylark Fiscal Services PVT.LTD.& Anr. Versus Union of India & ORS.For the appellant : Mr.Ashok Chakraborty, Sr.Adv., Mr.Pinaki Ranjan Chakraborty, Mr.Saptarshi Roy For the respondent : Mr.Rabilal Maitra, Sr.Adv., Mr.Ram Anand Agarwal, Mr.Kumar Gupta, MRS.Nibedita Pal, Mr.Ramesh Dhara Judgment on: 09/06/2016 Debasish Kar Gupta , J. : This appeal is directed against the impugned judgement by which the writ application of the respondents/writ petitioners was allowed directing the appellants/respondents to refund a sum of Rs.14,24,678/-, to the respondents which had been realised from the respondents as punitive charges. The following facts and circumstances were taken into co...
Sk. Razzak and Ors. Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jun-09-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Ashis Kumar Chakraborty June 9, 2016 WP517of 2015 Sk. Razzak & ORS.versus The Kolkata Municipal Corporation & ORS.Mr.Pratik Dhar, Sr.Advocate with Mr.Amit Gupta, Advocate Mr.Anindya Bose, Advocate Mr.Samir Halder, Advocate Mr.D.Ghorai, Advocate for the petitioners Mr.Sadananda Ganguly, Additional Government Pleader with Mr.Debapratim Banerjee, Advocate for the State respondent Mr.Fazlul Haque, Advocate with Mr.Gopal Chandra Das, Advocate for the KMC The Court :- The subject matter of challenge in this writ petition is the change of name of the owner in respect of the premises No.17, Gariahat Road, Kolkata(hereinafter referred to as the said premises) in the Assessment /Inspection Book of the Kolkata Municipal Corporation (appearing as Annexure P-7 to the writ petition) from Raisuddin to the State of West Bengal, represented by the Controller, Thika Tenancy under the Calcutta Thika ...
Nirmal Kumar Ravindra Kumar Huf Vs. Commissisoner of Income Tax and An ...
Court: Kolkata
Decided on: Jun-09-2016
ORDER SHEET ITA293OF2008IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE NIRMAL KUMAR RAVINDRA KUMAR - HUF Versus COMMISSISONER OF INCOME TAX & ANR. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 9th June, 2016. For Revenue : Mr.P.K.Bhowmik,Advocate MRS.Jyotsna Roy Mukherjee,Advocate The Court : This appeal is directed against a judgement and order dated 28th December, 2007 passed by the learned Income Tax Appellate Tribunal, D Bench, Kolkata in I.T.A.NO.1006/Kol/2006 and Crossobjection No.57/Kol/2006. The appeal was preferred by the Revenue and the Cross-objection was filed by the assessee both pertaining to the assessment year 1996-1997. Aggrieved by the order of the learned Tribunal, the assessee came up in appeal which was admitted on 10th December, 2008 and the following questions of law were formulated : I. Whether on the facts and in the circumstances of the case order of Tribunal was erroneous in law in ignori...
Abhishek Tea Industries Vs. Aspen Projects India Limited and Ors.
Court: Kolkata
Decided on: Jun-09-2016
1 ORDER SHEET GA2208of 2014 CS251of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHISHEK TEA INDUSTRIES Versus ASPEN PROJECTS INDIA LIMITED & ORS.BEFORE: The Honble Justice Harish Tandon Date 9th June, 2016 Appearance: Mr.Jishnu Choudhury, Adv.Ms.B.Gayatri, Adv.The Court: The respondent Nos.1 to 9 are the companies and are under the flagship of the Aspen group of companies which are managed and controlled by the respondent Nos.10 to 16 having absolute shareholding either directly or indirectly. The plaintiff was approached through a broker that the said group of companies are desirous to purchase the tea grown and manufactured by it and to supply the said groups in the name of the concerned constituents. Pursuant to the said agreement, the supplies were made from time to time and invoices were raised for payment. The respondent No.1 made the part-payment of Rs.2,22,222/- to the plaintiff against several invoices. A further cheque covering Rs.4,...
Commissioner of Income Tax, Central I Vs. M/S. Shaw Wallace Distilleri ...
Court: Kolkata
Decided on: Jun-06-2016
ORDER SHEET ITA322008 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(income tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, CENTRAL - I Versus M/S.SHAW WALLACE DISTILLERIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 6th June, 2016. Ms.A.G.Ghutghutia, Adv., with Mr.Aniket Mitra, Adv.AppeaRs.Ms.A.Banerjee, Adv., appears with Mr.P.Sinha, Adv., Mr.A.Mitra, Adv.The Court : The appeal is directed against a judgment and order dated May 31, 2007, passed by the learned Income Tax (Appellate Tribunal, D Bench, Kolkata, in ITA No.1116/Kol/2006, pertaining to the assessment year 200203, by which an appeal preferred by the revenue was dismissed. The aggrieved revenue has come up in appeal. The facts and circumstances of the case, briefly stated, are as follows. Shaw Wallace Distilleries LTD.filed their return of income on October 31, 2002 declaring total income at Rs.7,17,54,000/-. section 142(1) was duly served. of the assessee duly appeared. Noti...
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