Kolkata Court July 2016 Judgments
Dr. Dilip Choudhury Vs. Pratishruti Projects Limited and Ors.
Court: Kolkata
Decided on: Jul-26-2016
O-903 GA No.202 of 2016 CS No.23 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DR. DILIP CHOUDHURY Versus PRATISHRUTI PROJECTS LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 26, 2016. Appearance: Mr.S.P.Sarkar, Sr.Adv.Mr.A.K.Awasthi, Adv.Mr.Adil Rashid, Adv.Mr.Debnath Ghosh, Mr.Subhasish Sengupta, MRS.Subhra Das, Mr.Sarosij Dasgupta, Adv.Adv.Adv.Adv.Mr.Rahul Karmakar, Adv.Mr.Sourav Mukherjee, Adv.Mr.A.Banerjee, Adv.The Court : The petition is for judgment on admission for a principal sum of Rs.3.32 crore together with interest. The plaint case appears to be somewhat convoluted and only the facts essential for the present purpose need be noticed. It appears that the plaintiff and the second defendant, apparently medical practitioneRs.agreed to collaborate for setting up private hospitals or the like and the project did not come through, whereupon the plaintiff was permitted to exit with the promise that the money initiall...
Tag this Judgment!Commissioner of Income Tax (Central)i, Kolkata Vs. Mohanlal Agarwal
Court: Kolkata
Decided on: Jul-26-2016
ORDER SHEET ITA NO.149 OF2008IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX (CENTRAL)-I, KOLKATA Versus MOHANLAL AGARWAL BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 26th July, 2016. MR.M.P.AGARWAL,ADVOCATE, MRS.ANWARI QURAISHI, ADVOCATE FOR APPELLANT MR.J.P.KHAITAN,SR.ADVOCATE, MR.SAURABH BAGARIA, MR.NILOY SENGUPTA, ADVOCATES FOR RESPONDENT The Court : The appeal is directed against a judgment and order dated 15th June, 2007 passed by the learned Income Tax Appellate Tribunal, B Bench, Kolkata in I.T.(SS).A.No.28/Kol/2007 pertaining to the block assessment period 01-04-1996 to 25-09-2002 by which the learned Tribunal partly allowed the appeal preferred by the assessee modifying the order under section 263 passed by CIT. The revenue has come up in appeal. The following question of law was formulated on 18th April, 2008 when the appeal was admitted. Whether on the facts and in the circu...
Tag this Judgment!Commissioiner of Income Tax, Kolkatax Vs. Shreekant Phumbhra
Court: Kolkata
Decided on: Jul-25-2016
ORDER SHEET ITA NO.63 OF2009IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIOINER OF INCOME TAX, KOLKATA-X Versus SHREEKANT PHUMBHRA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 25th July, 2016. For Revenue : Mr.P.Dhudhoria,Advocate For Assessee : Mr.R.K.Murarka,Advocate Mrs.Nilanjana Pal,Advocate The Court : This appeal is directed against the judgement and order dated 28th March, 2008 by which the learned Income Tax Appellate Tribunal, D Bench, Kolkata allowed an appeal being ITA No.1818/Kol/2007 preferred by the Assessee and dismissed an appeal being ITA No.2105/Kol/2007 preferred by the Revenue both pertaining to the assessment year 2004-05. The aggrieved revenue has come up in appeal. The following questions were formulated on 29th July, 2009 when the appeal was admitted: 1. Whether the Tribunal below substantially erred in law in rejecting the contention of the revenue asking disallowance of Rs.22,...
Tag this Judgment!Frostees Export (India) Pvt. Ltd. Vs. Sabri Properties Pvt. Ltd. and O ...
Court: Kolkata
Decided on: Jul-25-2016
O-885 GA No.3719 of 2015 CS No.276 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction FROSTEES EXPORT (INDIA) PVT.LTD.Versus SABRI PROPERTIES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 25th July, 2016. Appearance: Mr.Anuj Singh, Adv.Mr.Sayantan Bose, Adv.Mr.Rajarshi Dutta, Adv.Mr.Partha Pratim Naskar, Adv.Mr.Sachetan Ghosh, Adv.Mr.Haradhan Banerjee, Adv.Mr.Amitava Pain, Adv.Mr.P.P. Mukhopadhyay, Adv.The Court : Though the plaintiff describes the petition to be one for judgment on admission, there is no admission of any kind which the plaintiff has been able to show that will entitle the plaintiff to any judgment. In a desperate attempt to get a decree, the plaintiff seeks to refer to the balance-sheet of the fiRs.defendant and two sums of Rs.1.25 crore and Rs.75 lakh indicated therein. However, nothing in the fiRs.defendants balance-sheet indicates that either sum is due or owing from the fiRs.defendant to the plaintiff. Not only is there n...
Tag this Judgment!W. Newman and Co. Ltd. Vs. Apolo Zipper India Ltd. and Anr.
Court: Kolkata
Decided on: Jul-25-2016
ORDER SHEET GA3790GA146APD510CS201of of of of 2015 2016 2015 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE W. NEWMAN & Co.LTD.Versus APOLO ZIPPER INDIA LTD.& ANR. BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 25th July, 2016. Appearance: Mr.Tilak Bose, Sr.Adv.Mr.Raj Ratna Sen, Adv.Mr.A.P. Gomes, Adv.Ms.Debolina Dey, Adv Mr.Utpal Bose, Sr.Ms.H.Chakraborty, Ms.Neelina Chatterjee, Ms.Anna Malhotra, Adv.Adv.Adv.Adv.The Court :- In this application taken out by the respondent no.1, Apollo Zipper India Limited, orders have been sought directing the appellant to make payment of the arrear unpaid monthly occupation charges in respect of a portion of the ground floor of Great Eastern Hotel, measuring about 6000 sq. ft., under the occupation of the appellant, W. Newman & Co.LTD.The appellant was a tenant in respect of 6000 sq. ft. area approximately in the ground floor of Great Eastern Hotel, hereinafter referred to as th...
Tag this Judgment!M/S. Landis+ Gyr Limited Vs. Commissioner of Income Tax, Kolkatai
Court: Kolkata
Decided on: Jul-22-2016
ORDER SHEET ITA NO.236 OF2009IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME-TAX) ORIGINAL SIDE M/S.LANDIS+ GYR LIMITED Versus COMMISSIONER OF INCOME TAX, KOLKATA-I BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 22nd July, 2016. MR.J.P.KHAITAN, SR.ADVOCATE, MR.ASIM CHOUDHURY, MR.SIDDHARTH DAS, ADVOCATES FOR APPELLANT MR.P.DUDHORIA,ADVOCATE FOR RESPONDENT The Court: The subject matter of challenge in the appeal is a judgment and order dated 17th April, 2009 passed by the learned Income Tax Appellate Tribunal, B Bench, Kolkata in ITA No.159/Kol/07 pertaining to the assessment year 2003-04 by which the learned Tribunal dismissed the appeal preferred by the assessee. The assessee has once again come up in appeal. The question of law formulated on 14th January, 2010 reads as follows:Whether the learned Tribunal has lawfully rejected the relevant and material evidence on its record to uphold the decision of disallowance of the appellants ...
Tag this Judgment!Jagdish Chand Kapur and Ors. Vs. Joginder Chand Kapur and Ors.
Court: Kolkata
Decided on: Jul-21-2016
O-861 GA No.3258 of 2015 CS No.108 of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JAGDISH CHAND KAPUR & ORS.-VersusJOGINDER CHAND KAPUR & ORS.Appearance: Mr.Sakya Sen, Adv.Ms.Nilanjana Addy, Adv...for the plaintiff. Mr.Ratnanko Banerjee, Sr.Adv.Mr.Shaunak Mitra, Adv.Ms.Ranjabati Sen, Adv.Ms.Sanjay Jhunjhunwala, Adv...for the defendant Nos.2-7. Mr.Aritra Basu, Adv.Mr.A.Agarwalla, Adv.Ms.F.Nasim, Adv...for the defendant Nos.8-12. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 21, 2016. The Court : The legal issue sought to be canvassed the extent and effect of abatement in a partition suit appears to be redundant in the light of an order of December 17, 2015 passed in this suit subsequent to the institution of the present application by the defendant Nos.2 to 7 for the dismissal of the suit. Indeed, much of the law cited on behalf of the defendant Nos.2 to 7 does not call for any detailed discussion. The obvious laches on the part of t...
Tag this Judgment!M/S Caledonian Jute and Industries Ltd. Vs. Commissioner of Income Tax ...
Court: Kolkata
Decided on: Jul-21-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.124 of 2009 M/S CALEDONIAN JUTE & INDUSTRIES LTD.Versus COMMISSIONER OF INCOME TAX & ANR. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 21st July, 2016. Mr.P.Bag, Adv.Mr.M.L. Tiwari, Adv.Mr.Rahul Kinkar Pandey, Adv.Mr.Farhan Gaffar, Adv.The Court: The subject matter of appeal is an order dated 5th December, 2008 passed by the learned Income Tax Appellate Tribunal C Bench, Kolkata in Miscellaneous Application No.98/Kol./2008 arising out of ITA No.167/Kol//2007 pertaining to the assessment year 2003-04 by which the learned Tribunal dismissed the miscellaneous application filed by the assessee. The facts and circumstances of the case are as follows:Assessment under Section 143(3) was completed on 2nd March, 2006 by making additions under Section 43B both on account of Provident Fund and ESI dues. The assessee challenged the assessment order before th...
Tag this Judgment!State of West Bengal and Ors. Vs. M/S M.S Engineering
Court: Kolkata
Decided on: Jul-21-2016
ORDER SHEET APO No.472 of 2015 AP No.195 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE STATE OF WEST BENGAL & ORS.Versus M/S M.S ENGINEERING BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 21st July, 2016. Appearance: Mr.Samrat Sen, Sr.Adv.Mr.Paritosh Sinha, Adv.Mr.Arindam Kandal, Adv.Mr.Malay Ghosh, Sr.Adv.The Court : This appeal is against the judgment and order dated 17th June, 2015 passed by the learned Single Bench under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, refusing to set aside an award dated 13th November, 2014 passed by the learned Arbitrator in an arbitration between the appellant-State and the respondentcontractor. It appears that the respondent an enlisted class-I contractor was awarded the contract for improvement of riding quality of road stretc.from 132 Km to 150 Km of National Highway No.6 in the District of Medinipur, West Bengal. The...
Tag this Judgment!Debdas Sarkar Vs. The State Bank of India and Ors.
Court: Kolkata
Decided on: Jul-20-2016
C.S.No.163 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Debdas Sarkar versus The State Bank of India & ORS.For the Plaintiff : Mr.Swarnendu Ghosh, Advocate Ms.Rajashree Roy, Advocate Mr.Arnab Mukherjee, Advocate For the Defendants : Mr.Somnath Ganguli, Advocate Mr.Jayanta Bhattacharya, Advocate Hearing concluded on : July 14, 2016 Judgment on : July 20, 2016 DEBANGSU BASAK, J. The plaintiff has sought a decree for Rs.3,52,42,950/- on account of damages allegedly suffered by the plaintiff in the hands of the defendants. According to the plaintiff, the fiRs.defendant had taken possession of the hypothecated and charged assets of the plaintiff in a suit for recovery of money filed by the fiRs.defendant against the plaintiff. The receiver appointed in such suit had made an inventory of the movable assets of the plaintiff. Such assets were not found subsequently. The defendants, therefore, have to make good the value of such goods not found. The defendants have...
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