Kolkata Court July 2016 Judgments
Srei Equipment Finance Limited Vs. M/S. Essar Project (India) Limited
Court: Kolkata
Decided on: Jul-20-2016
AP No.387 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED -VersusM/S.ESSAR PROJECT (INDIA) LIMITED Appearance: Mr.Ratnanko Banerjee, Sr.Adv.Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Pratap Chatterjee, Sr.Adv.Mr.Shaunak Mitra, Adv.Mr.Vivek Jhunjhunwala, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 20th July, 2016. The Court Letters Patent. : Leave granted under Clause 12 of the Leave is also given to correct the petition upon payment of costs assessed at 200 GMs.to the West Bengal State Legal Services Authority, who shall keep the account earmarked for juvenile. The claim of the finance company runs into crores. The finance company in order to preserve the assets financed under Master Facility Agreement dated 22nd September, 2015 has filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 for appointment ancillary and incidental reliefs. of receiver and o...
Tag this Judgment!Sbpl Infrastructure Ltd. Vs. India Media Services Pvt. Ltd.
Court: Kolkata
Decided on: Jul-20-2016
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side G.A.No.2997 of 2015 with A.P.No.306 of 2012 with A.P.No.457 of 2015 with A.P.No.696 of 2014 with A.P.No.78 of 2012 SBPL Infrastructure LTD.versus India Media Services PVT.LTD.For the Petitioner : Mr.Pratap Kr. Chatterjee, Sr.Advocate Mr.Abhrajit Mitra, Sr., Advocate Mr.Jishnu Chowdhury, Advocate Mr.S.Mukherjee, Advocate Mr.S.Ghosh, Advocate Mr.A.Sarkar, Advocate Mrs.A.Chatterjee, Mr.A.C.Kundu, Advocate For the Respondent : Mr.Mr.Mr.Mr.Hearing concluded on : July 14, 2016 Judgment on : July 20, 2016 Pramit Kr. Roy, Sr.Advocate Jayjit Ganguly, Advocate S. Ghosh, Advocate Debangsu Dinda, Advocate DEBANGSU BASAK, J.:- Five applications are taken up for hearing analogously. They are between the same parties and involve the same immovable property. Moreover, the learned Advocates appearing for both the parties have given their consent to the five matters being taken up together. A.P.No.306 of 2012 is an applicat...
Tag this Judgment!Tinplate Co. of India Ltd. Vs. Joint Commnr. of I.T.Spl.Range7 Cal.
Court: Kolkata
Decided on: Jul-20-2016
ORDER SHEET WP No.1158 of 2000 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TINPLATE CO.OF INDIA LTD.Versus JOINT COMMNR.OF I.T.SPL.RANGE-7 CAL. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 20th July, 2016. Appearance: Mr.J.P.Khaitan, Sr.Adv.Ms.Nilanjana Banerjee Pal, Adv.For the petitioner. Md.Nizamuddin, Adv.Mr.Tapas Kumar Chatterjee, Adv.For the respondents. The Court :- The petitioner has assailed a writing dated March 31, 2000 by which the Assessing Officer has proposed to invoke the provisions of Section 148 of the Income Tax Act, 1961 in respect of the assessment year 1993-1994. Learned Senior Advocate for the petitioner has submitted that, the petitioner had assailed a similar notice in respect of the assessment year 1994-1995 by way of writ petition being WP No.1280 of 2001[The Tinplate Company of India Limited-Versus-Joint Commissioner of Income Tax, Special Range-7, Calcutta].Such writ petition was disposed of by an order dated May 5, 201...
Tag this Judgment!Sharmila Kar and Ors. Vs. Uco Bank and Ors.
Court: Kolkata
Decided on: Jul-20-2016
W.P.No.1656 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Sharmila Kar & ORS.versus UCO Bank & ORS.For the Petitioners : Mr.S.Banerjee, Advocate Mr.A.K.Saha, Advocate Mr.I.Paul, Advocate For the Respondents : Mr.D.K.Kundu, Advocate Mr.A.Basu, Advocate Hearing concluded on : June 29, 2016 Judgment on : July 20, 2016 DEBANGSU BASAK, J. The challenge in the present writ petition is the order of punishment dated December 4, 2007 passed against the original writ petitioner as upheld by the appellate authority by its Order dated April 7, 2008. Consequent to the death of the original writ petitioner the writ petition was amended and is now being proceeded with by the heirs and legal representatives of the deceased original petitioner. The original writ petitioner was a Branch Manager of the respondent No.1. A disciplinary proceedings alleging irregularities in the dealings of the original writ petitioner as a Branch Manager was initiated against him. Suc...
Tag this Judgment!Merlin Projects Limited Vs. Smt. Giniya Devi Agarwala and Anr.
Court: Kolkata
Decided on: Jul-20-2016
OD-6 GA No.3675 of 2015 CS No.369 of 2014 GA No.1118 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MERLIN PROJECTS LIMITED Versus SMT. GINIYA DEVI AGARWALA & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th July, 2016. Appearance: Mr.Abhrajit Mitra, Senior Advocate Mr.Aniruddha Roy, Advocate Mr.Arindam Mukherjee, Advocate Ms.Sananda Mukhopadhyay, Advocate ...for the petitioner. Mr.Tilak Bose, Senior Advocate Mr.Mainak Bose, Advocate Mr.Sanjay Bose, Advocate ...for Respondent No.1. Mr.Utpal Bose, Senior Advocate Mr.Abhishek Banerjee, Advocate ...for respondent Nos.2, 3, 4 and 6. Mr.D.N. Roychowdhury, Advocate Mr.Aniruddha Sinha, Advocate ...for respondent Nos.10 to 13. The Court : The farce that judicial proceedings have now been reduced to is exemplified by this vexatious suit, the maladroit drafting of its plaint to create the illusion of a cause of action where there is none and the irresponsible waste of time to sustain the sham action. The t...
Tag this Judgment!Kolkata Vs. M/S.Binani Industries Limited
Court: Kolkata
Decided on: Jul-20-2016
ORDER SHEET ITA NO.131 OF2009IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX (CENTRAL-I).KOLKATA Versus M/S.BINANI INDUSTRIES LIMITED BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 20th July, 2016. MD.NIZAMUDDIN,ADVOCATE FOR APPELLANT MR.R.N.BAJORIA, MR.AKHILESH GUPTA, MALAY DHAR, MR.A.K.DEY, ADVOCATES FOR RESPONDENTS The Court : The subject matter of challenge is a judgment and order dated 24th October, 2008 by which the learned Income Tax Appellate Tribunal, B Bench, Kolkata in ITA No.1071/Kol/2007, pertaining to the assessment year 2001-02, dismissed an appeal preferred by the revenue. The aggrieved revenue once again has come up in appeal. The following question of law was formulated on 15th March, 2010 when the appeal was admitted:Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in coming to the conclusion that regular assessme...
Tag this Judgment!Godrej Projects Development Pvt. Ltd. Vs. Simoco Telecommunications (S ...
Court: Kolkata
Decided on: Jul-19-2016
ORDER SHEET AP No.412 of 2016 IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction ORIGINAL SIDE GODREJ PROJECTS DEVELOPMENT PVT.LTD.Versus SIMOCO TELECOMMUNICATIONS (SOUTH ASIA) LTD.& ANR. BEFORE: The Honble JUSTICE SOUMEN SEN Date : 19th July, 2016 Ms.Sanchari Chakraborty, Adv., For the petitioner. Mr.Arindam Mukherjee, Adv., Mr.Avirup Chatterjee, Adv., For the respondent. The Court: The petitioner has filed an application for appointment of an Arbitrator in view of the failure on the part of the respondents to respond to the notice dated 15th April, 2016 by which the petitioner has invoked the arbitration clause contained in a development agreement dated 28th December, 2007. The preliminary objection to the appointment of an Arbitrator orally raised by the respondents is that the development agreement is insufficiently stamped and in view thereof, the arbitration clause in the said agreement cannot be looked into and/or relied upon by the respondents. The learned Counsel appear...
Tag this Judgment!Jain Infraprojects Limited Vs. Kolkata Municipal Corporation
Court: Kolkata
Decided on: Jul-19-2016
ORDER SHEET AP1726of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JAIN INFRAPROJECTS LIMITED Versus KOLKATA MUNICIPAL CORPORATION BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th July, 2016. Mr.Sanjib Kumar Mal, Mr.Atanu Raychowdhury, Ms.Reshmi Ghosh, Mr.P.Majumdar, Adv.Adv.Adv.Adv.Mr.Samrat Sen, Sr.Adv.Mr.Ambar Nath Banerjee, Adv.The Court: There is no dispute either as to the existence of an arbitration agreement or that the disputes has arisen out of the said arbitration agreement and are required to be decided and resolved through arbitration. Only dispute is with regard to the applicability of the arbitration clause being clause no.24 of the agreement dated 8th November, 2011, or the Settlement and Dispute Resolution Clause being clause No.C620. The petitioner has relied upon an agreement dated 8th November, 2011 which contains an arbitration clause being Clause No.24 which reads as follows: 24. In the event of any dispute or difference a...
Tag this Judgment!M/S. Shyam Sel Ltd Vs. Deputy Commissioner of Income Tax, Cc Xiii, Kol ...
Court: Kolkata
Decided on: Jul-19-2016
ORDER SHEET ITA NO.850 OF2008IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE M/S.SHYAM SEL LTD Versus DEPUTY COMMISSIONER OF INCOME TAX, CC XIII, KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 19th July, 2016. MR.R.K.CHOWDHURY, ADVOCATE FOR APPELLANT MR.MRINAL KANTI LODH, ADVOCATE FOR RESPONDENT The Court : The subject matter of challenge is a judgment and order dated 31st July 2008 passed by the learned Income Tax Appellate Tribunal A Bench, Kolkata in ITA No.1699/KOL/2007 pertaining to the assessment year 2003-04 by which the learned Tribunal allowed an appeal preferred by the revenue. The aggrieved assessee has come up in appeal. The questions of law formulated at the time of admission of the appeal on 12th January, 2009 are as follows:- (a) Whether in the present case the Income Tax Appellate Tribunal has erred in law in disallowing the expenditure of Rs.12,50,000/- incurred by the petitioner on account...
Tag this Judgment!Dean Systems Vs. R. M. Sinha and Co.
Court: Kolkata
Decided on: Jul-18-2016
O-837 GA No.1604 of 2015 CS No.105 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DEAN SYSTEMS Versus R.M.SINHA & Co.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th July 2016. Appearance: Mr.Debnath Ghose, Advocate Mr.Aritra Basu, Advocate ...for the plaintiff. Mr.Debdut Mukherjee, Advocate Ms.Saswati Chatterjee, Advocate ...for the defendant. This is a misconceived petition and in complete abuse of the process. The plaintiff even has the gall to describe it as one for judgment on admission without any scrap of paper showing any admission. An undeserving order is enjoyed by the plaintiff which is liable to be vacated. The case in the petition is that a back-to-back contract was entered into between the parties upon the defendant being engaged by the State of Bihar for a particular project. relies on parties. an undertaking executed on March 21, The plaintiff 2011 by the Clause 3.0 of the document provides as follows: All the terms and conditions of t...
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