Kolkata Court July 2016 Judgments
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Modular Structurals Private Ltd. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Jul-18-2016
ORDER SHEET WP No.694 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MODULAR STRUCTURALS PRIVATE LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 18th July, 2016. MRS.Manju Agarwal, Mr.B.Manot, Advocates for the petitioner. Mr.Pranab Kr. Dutta, Sr.Advocate, Mr.Naba Kr. Das, Adv.for the State. Mr.P.S. Basu, Mr.S.Talukdar, Advocates for KMDA. The Court : Let the affidavit of service filed in Court today be taken on record. The petitioner has approached this Court once again, this time in a fifth round of litigation. The subject matter of challenge in the instant writ petition is an order dated 15th January, 2016 passed by the Special Secretary, Kolkata Metropolitan Development Authority. The genesis of the impugned order lies in the order dated 4th December, 2015 passed in the last writ petition moved before this Court by the writ petitioner, being W.P.No.1273 of 2014. The facts of the case which gave rise t...
Kejriwal Trading Co. Pvt. Ltd. Vs. Alok Saraf
Court: Kolkata
Decided on: Jul-18-2016
OD-13 GA No.422 of 2015 CS No.301 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction KEJRIWAL TRADING Co.PVT.LTD.Versus ALOK SARAF BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th July 2016. Appearance: Mr.Jishnu Chowdhury, Advocate Mr.Rushar S. Thaker, Advocate Mr.Z.Rahaman, Advocate ...for the plaintiff/petitioner. Mr.Debnath Ghose, Advocate Mr.Subhashish Sengupta, Advocate Mr.Manoj Kumar Tiwari, Advocate Mr.Sarosij Dasgupta, Advocate Mr.Sushovit Dutta Dasgupta, Advocate ...for the defendant/respondent. The Court : The petition for judgment on admission was disposed of by an order dictated in court on July 14, 2016. However, after the order was dictated it was submitted on behalf of the defendant that certain payments made by the defendant to the plaintiff long after the cheques issued by the defendant to the plaintiff were dishonoured, had not been taken into account. The matter has been heard on such aspect thereafter. The petition is for judgment on ...
Anirudh Jalan Vs. Brahmaputra Valley Fertilizer
Court: Kolkata
Decided on: Jul-15-2016
GA No.3175 of 2013 CS No.257 of 2013 GA No.3021 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANIRUDH JALAN -VersusBRAHMAPUTRA VALLEY FERTILIZER CORPORATION LTD.Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Soumava Ghosh, Adv.Mr.S.E.Hooda, Adv...for the plaintiff. Mr.Rupak Ghosh, Adv.Mr.Rajesh Upadhyay, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 15th July, 2016. The Court : The petitioner has filed this application under Chapter XIIIA of the Original Side Rules of this Court for eviction of the defendant from the suit premises. The plaintiff is a present owner of the property. Initially, the defendant was a monthly tenant under one Smt. Jayshree Bajoria (hereinafter referred to as the erstwhile owner).The plaintiff purchased the said premises from the said erstwhile owner by a registered Deed of Conveyance dated 15th May, 2012. Pursuant to such transfer, the erstwhile owner by a letter dated 16th May, 2012 informed th...
Commissioner of Income Tax, Kolkatax Vs. South Eastern Railway Employe ...
Court: Kolkata
Decided on: Jul-15-2016
ORDER SHEET ITA484OF2007IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-X Versus SOUTH EASTERN RAILWAY EMPLOYEES CO-OP CREDIT SOCIETY LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 15th July, 2016. For Revenue : Mr.S.B.Saraf,Advocate For Respondent/ Assessee: Mr.J.P.Khaitan,Sr.Advocate Mr.P.Bag,Advocate Mr.Siddharth Das and Mr.C.S. Das, ADvocates The Court : The subject matter of challenge in the appeal is a judgement and order dated 29th December, 2006 passed by the learned Income Tax Appellate Tribunal B Bench, Kolkata in ITA1758and 1759/ Kol/2006 pertaining to the assessment years 2003-04 and 2004-05 by which an appeal preferred by the assessee was allowed. The aggrieved revenue has come up in appeal. The following question of law was formulated on 11th September, 2007 when the appeal was admitted. Whether in the facts and circumstances of the case, the Income Tax Appellate...
Triveni Engicons Pvt. Ltd. and Anr. Vs. Rites Ltd. and Ors.
Court: Kolkata
Decided on: Jul-15-2016
In the High Court At Calcutta Civil Appellate Jurisdiction In Appeal from an order passed in its Constitutional Writ Jurisdiction Original Side APOT71of 2016 GA753of 2016 GA1881of 2016 WP146of 2016 Triveni Engicons Pvt. Ltd. & Anr. -vs.- RITES Ltd. & Ors. Before : The Honble The Chief Justice Dr. Manjula Chellur & The Honble Justice Arijit Banerjee For the appellants : Mr. Abhrajit Mitra, Sr. Adv. Mr. Kishore Dutta, Sr. Adv. Mr. Chayan Gupta, Adv. Mr. S.S. Banerjee, Adv. For RITES Ltd. : Mr. Jishnu Chowdhury, Adv. For South Eastern : Mr. Tilak Bose, Sr. Adv. Coalfield Ltd. For Jhajharia Nirman Pvt. : Mr. S. N. Mookerji, Sr. Adv. Ltd. Mr. Satadeep Bhattacharya, Adv. Mr. S. K. Kakrania, Adv. Mr. Sanjib Seni, Adv. Mr. Souvik Kundu, Adv. Heard On :23. 02.2016, 25.02.2016, 01.03.2016, 10.03.2016 15.03.2016 CAV On :29. 03.2016 Judgment On :15. 07.2016 Arijit Banerjee, J.:- (1) This is an appeal against the judgment and order dated 19 February, 2016 passed by the learned First Court in W.P. N...
Sanjay Kumar Vs. The Calcutta Boys’ School and Ors.
Court: Kolkata
Decided on: Jul-14-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Shivakant Prasad July 14, 2016 WP521of 2016 Sanjay Kumar versus The Calcutta Boys School & ORS.WP522of 2016 Bimla Balmiki versus The Calcutta Boys School & ORS.WP523of 2016 Bansi Jana @ Banshi Jana versus The Calcutta Boys School & ORS.WP524of 2016 John Gomes versus The Calcutta Boys School & ORS.WP525of 2016 Benhur Roy versus The Calcutta Boys School & ORS.Mr.Jayanta Banerjee, Advocate with Mr.Sunil Kumar Chakraborty, Advocate Ms.Rama Chaklraborty (Mukherjee).Advocate Ms.Sreetama Neogi, Advocate for the petitioners MRS.Chama Mukherjee, Advocate for the respondents The Court :- In all the five sets of writ applications the petitioners have prayed for issuance of a writ in the nature of prohibition prohibiting the respondent authorities from taking any steps on the basis of the impugned show cause notice dated April 12, 2016 vide Annexure P-2. The petitioners are employed in the sch...
Commissioner of Income Tax, Koliii Vs. Shree Balaji Glass Manufacturin ...
Court: Kolkata
Decided on: Jul-13-2016
ORDER SHEET ITA23OF2009IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOL-III Versus SHREE BALAJ.GLASS MANUFACTURIN PVT.LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 13th July, 2016. For Appellant/Petitioner : Mr.Nizamuddin,Advocate For Respondent : Mr.N.K.Poddar, Sr.Advocate The Court : This appeal is directed against a judgement and order dated 8th August, 2008 passed by the learned Income Tax Appellate Tribunal, A Bench, Kolkata in ITA No.73/Kol/2008 pertaining to the assessment year 2004-05 by which an appeal preferred by the revenue was dismissed. The aggrieved, the revenue, has come up in appeal. The following question of law was formulated on 1st April, 2009 when the appeal was admitted : Whether the Income Tax Appellate Tribunal was justified in allowing relief to the assessee by treating the amount under the head reserve and surplus representing share premium and credit ...
Tirumala Seven Hills Pvt. Ltd. Vs. Tongyu Communication Inc.
Court: Kolkata
Decided on: Jul-12-2016
AP No.375 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction IN THE MATTER OF:TIRUMALA SEVEN HILLS PVT.LTD.Versus TONGYU COMMUNICATION INC. BEFORE: The Honble Justice SOUMEN SEN Date: 12th July, 2016 Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Rudraman Bhattacharyya, Adv.Ms.P.Sinha Chowdhury, Adv.for the petitioner. The Court: Leave is granted under Clause 12 of the Letters Patent. In terms of an order dated 15th June, 2016, an affidavit of service has been filed enclosing the report filed by the Deputy Superintendent, Department of Posts which confirms the service of the application upon the respondent. The affidavit of service filed on 2nd July, 2016 is kept with the record. The petitioner is engaged in the field of telecommunications in India and offers comprehensive solution including specification preparation, product identification, installation, commissioning and maintenance. During its couRs.of business, the respondent offered the petitioner to act as an e...
Hotels Pvt. Ltd., Mbd Airport Hotel) Vs. Fourth Industrial Tribunal an ...
Court: Kolkata
Decided on: Jul-12-2016
ORDER SHEET GA NO.1755 of 2016 APO No.101 of 2016 IN THE HIGH COURT AT CALCUTTA In Appeal from Order passed in its Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.HOTEL AIRPORT ASHOK (NOW KNOWN AS M/S.KOLKATA HOTELS PVT.LTD., MBD AIRPORT HOTEL) Versus FOURTH INDUSTRIAL TRIBUNAL AND ORS.BEFORE: The Hon'ble JUSTICE RAKESH TIWARI AND The Hon'ble JUSTICE SUBRATA TALUKDAR Date: 12th July, 2016 Appearance Mr.Ranjay De, Adv.Mr.Arunava Ghosh, Adv.with Ms.Jolly Chakraborti, Adv.This appeal arises out of an order dated 27th January, 2016 passed in WP No.1733 of 2003 (M/S.Hotel Airport Ashok [Known as Kolkata Hotel PVT.LTD.MBD Airport Hotel].versus 4th Industrial Tribunal & Ors.).The challenge before the Learned Single Judge was to an order no.71 dated 16th June, 2003 passed by the 4th Industrial Tribunal, West Bengal. According to the petitioner, M/S.Hotel Airport Ashok, the order of the Tribunal was perverse, as it ought not to have directed the setting aside of the order of dismissal. It ap...
Piu Ghosh Vs. Deputy Commissioner of Income Tax, Circle52 and Ors.
Court: Kolkata
Decided on: Jul-12-2016
ORDER SHEET ITA191OF2009IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE PIU GHOSH Versus DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-52 & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 12th July, 2016. For Appellant/Petitioner : Mr.R.Bharadwaj,Advocate Mr.B.Sengupta,Advocate For Revenue/Respondent : Mr.M.P.Agarwal,Advocate Mr.P.Dhudhoria,Advocate The Court : The subject matter of challenge in the appeal is a judgement and order dated 24th April, 2009 passed by the learned Income Tax Appellate Tribunal, B Bench, Kolkata in ITA NO.1586/Kol/2008 pertaining to the assessment year 2005-06, by which an appeal preferred by the assessee was dismissed. The question formulated on 12th August, 2009 when the appeal was admitted reads as follows : Whether the Tribunal below substantially erred in law in applying provision of Section 40(a)(ia) of the Income Tax Act, 1961 in the present case pertaining to Assessment Year 2005-...
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