Kolkata Court August 2016 Judgments
Commissioner of Income Tax, Kolii Vs. M/S. Eureka Stock and Share Brok ...
Court: Kolkata
Decided on: Aug-30-2016
ORDER SHEET ITA NO.155 OF2009IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOL-II Versus M/S.EUREKA STOCK & SHARE BROKING SERVICES LTD.BEFORE: The Hon'ble ACTING CHIEF JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 30th August, 2016. MR.SIDDHARTHA BHATTACHARYYA, MS.MAMTA BHARGAVA, ADVOCATES FOR APPELLANT MR.J.P.KHAITAN,SR.ADVOCATE, MR.P.JHUNJHUNWALA, MR.ASOK BHAUMIK, ADVOCATES FOR RESPONDENT The Court : The subject matter of challenge is a judgment and order dated 18th December, 2008 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata in ITA No.142(Kol)/2008 pertaining to the assessment year 2001-02, by which the learned Tribunal dismissed an appeal preferred by the revenue. The revenue has come up in appeal, which was admitted on 8th September, 2010. The following substantial questions were formulated. (i) Whether the learned Tribunal is justified in following its own order passed in ITA684Kol....
Tag this Judgment!Ambay Coke Industries Pvt. Ltd. Vs. State Bank of India
Court: Kolkata
Decided on: Aug-29-2016
OD-10 GA1843of 2015 With CS129of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AMBAY COKE INDUSTRIES PVT.LTD.Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 29th August, 2016. Appearance: Mr.Surajit Nath Mitra, Sr.Adv.Mr.S.Bose, Adv..for the plaintiff. Mr.Mohit Gupta, Adv.Mr.R.C.Prusti, Adv.Mr.Shaunak Ghosh, Adv.Mr.Sanjiv Das, Adv..for the defendant. The Court: The most startling feature of this matter is the cavalier manner in which the principal legal issue has been approached on both sides. The bank, in its usual recklessness, has referred to only one judgment which is clearly distinguishable on facts and another which has been subsequently held to be bad law. The plaintiff has carried only one judgment of the Supreme Court for the proposition that a suit of the present kind cannot be transferred to the Debts Recovery Tribunal (DRT).though there is no prayer for transfer in this case and there have been several authoritative pr...
Tag this Judgment!M/S. Rangali Agrotech Pvt. Ltd. and Ors. Vs. Smt. Gayatri Devi Poddar ...
Court: Kolkata
Decided on: Aug-24-2016
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN AP No.1221 of 2014 M/S.RANGALI AGROTECH PVT.LTD.& ORS.VERSUS SMT. GAYATRI DEVI PODDAR & ORS.For the petitioners : Mr.Sarbapriya Mukherjee, Mr.Amal Kumar Saha. For the respondents : Mr.Rudradeb Chaudhuri, Mr.Biswabrata Basu Mallick, Mr.Khagendra Nath Jana. Heard on : 26.07.2016, 04.08.2016, 18.08.2016 Judgment on : 24th August, 2016 Soumen Sen, J.:- The petitioner has filed this application for setting aside of an award dated 8th May, 2014 passed by a sole Arbitrator. The award was passed in favour of the respondents. The principal grievance of the petitioners against the award appears to be that the award was passed on the basis of an agreement which is manufactured and forged. The said alleged agreement contains an arbitration clause. The petitioners never intended to enter into any arbitration agreement. The award passed is an unreasoned award. The Arbitrator appoint...
Tag this Judgment!Jai Jhawar Vs. Ramendra Kumar Rai
Court: Kolkata
Decided on: Aug-24-2016
ORDER SHEET AP12892015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JAI JHAWAR Versus RAMENDRA KUMAR RAI BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th August, 2016. Appearance : Mr.Utpal Bose, Sr.Adv., Ms.Prabha Jain, Adv., for the petitioner. Mr.S.P.Majumder, Sr.Adv., Mr.Shyamal Kumar Mukherjee, Adv., for the respondent. The Court : The petitioner is an executor of the Will executed by Radha Kishan Jhawar, since deceased. During his life-time a Deed of Partnership was executed between Radha Kishan Jhawar and Ramendra Kumar Rai which expressions unless excluded by or repugnant to the context were to include their heiRs.executORS.administrators and assigns. The deed of partnership dated 1st April, 1996 inter alia contained an arbitration clause, which is set out hereinbelow for convenience All disputes which arise between the partners or their respective personal representatives in respect of the conduct of the business construction, otherwise o...
Tag this Judgment!M/S.Electronics Corporation of India Limited Vs. Union of India and Or ...
Court: Kolkata
Decided on: Aug-24-2016
ORDER SHEET GA No.2276 of 2016 WP No.217 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ELECTRONICS CORPORATION OF INDIA LIMITED Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 24th August, 2016 Mr.Tanmoy Chakravarty, Adv..for the petitioner Mr.Soumitra Mukherjee, Adv..for the respondent no.1 Mr.Amitabrata Roy, Adv.with Ms.Manasi Mukherjee, Adv..for the respondent no.3 This is an application for recall of order dated 27th July, 2016 whereby the writ petition of the applicant (WP No.217 of 2016) was dismissed for default. It has been pleaded in paragraph 6 of the application that when the writ petition was called on for hearing, the learned advocate-on-record for the petitioner/applicant was engaged in another Court and could not reach in time to respond to the call while the list collapsed. Mr.Roy, learned advocate for the Commissioner of Service Tax-II, Kolkata, respondent no.3, does not oppose the prayer for recal...
Tag this Judgment!Mohinder Singh Arora Vs. The Commissioner of Income Tax, West Bengal.
Court: Kolkata
Decided on: Aug-23-2016
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE PRESENT: The Honble Justice Soumitra Pal. The Honble Justice Dr. Sambuddha Chakrabarti. G.A No.3149 of 2006 ITA No.81 of 2005 Mohinder Singh Arora Versus The Commissioner of Income Tax, West Bengal. For the Applicant : Mr.Ranjit Kumar Murarka, Senior Advocate, Ms.Sutapa Roychoudhury, Advocate. For the Respondent : Md.Nizamuddin, Advocate. Heard on : 10.01.2014, 07.02.2014 and 04.08.2016 Judgment on : 23rd August, 2016 Dr. Sambuddha Chakrabarti, J.:- The petitioner herein seeks review of the judgments and ordeRs.dated November 8, 2005 and November 14, 2005 respectively passed by a Division Bench of this Court in ITA No.81 of 2004. The circumstances leading to the filing of the appeal may be summed up briefly to appreciate the scope of the review. Certain watch movements were found in the possession of the assessee by the Customs Department which were held to be of foreign origin. They were confiscated by the C...
Tag this Judgment!Saraf Infra Projects Ltd. and Anr. Vs. The State of West Bengal and Or ...
Court: Kolkata
Decided on: Aug-19-2016
In the High Court At Calcutta Civil Appellate Jurisdiction In Appeal from its Constitutional Writ Jurisdiction Original Side APOT123of 2015 GA1029of 2015 WP704of 2012 Saraf Infra Projects Ltd. & Anr. -vs. The State of West Bengal & Ors. Before : The Honble The Chief Justice Manjula Chellur & The Honble Justice Arijit Banerjee For the Appellants For the State : Mr. Shakti Nath Mukherjee, Sr. Adv. Mr. Tarique Quasimuddin, Adv. Ms. Sanchita Chaudhury, Adv. : Mr. Sadhan Roychowdhury, Sr. Govt. Adv. Mr. T. M. Siddiqui, Adv. For the KMC : Mr. L. K. Gupta, Addl. A. G. Mr. Biswajit Mukherjee, Adv. Mr. Gopal Chandra Das, Adv. Mr. Debangsu Mondal, Adv. Mr. A. Dey, Adv. For the Union of India : Mr. Somnath Bose, Adv. Mr. Jatinder Singh Dutt, Adv. Heard on :01. 03.2016, 14.01.2016, 28.01.2016, 23.02.2016, 17.03.2016, 29.03.2016 CAV On :29. 03.2016 Judgment On :19. 08.2016 Arijit Banerjee, J:(1) The writ petitioners/appellants approached the Learned Single Judge by filing WP No.704 of 2012 seeking ...
Tag this Judgment!Halonix Limited Vs. Khaitan Electricals Limited
Court: Kolkata
Decided on: Aug-19-2016
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA2213of 2016 With APOT258of 2016 CS229of 2015 Halonix Limited versus Khaitan Electricals Limited BEFORE: The Honble CHIEF JUSTICE DR. MANJULA CHELLUR & The Honble JUSTICE ARIJIT BANERJEE For the Appellant : Mr.Vipul Kundalia, Advocate Ms.Sonal Shah, Advocate For the Respondents: Mr.Jishnu Chowdhury, Advocate Mr.I.Ahmed, Advocate Mr.R.Upadhyay, Advocate Heard on : 09.08.2016., 11.08.2016 Delivered on : 19.08.2016 Dr. Manjula Chellur, Chief Justice: This appeal is directed against order dated 29.6.2016 where in an application under Order 7 Rule 11 of the Code of Civil Procedure came to be filed, seeking rejection of the plaint but the same came to be disposed of opining that since the matter requires consideration of facts and law, an opportunity must be granted to the plaintiff to establish its case. Aggrieved by the same, the appellant before us contends that the Trial Judge was not justified in not rejecting the...
Tag this Judgment!Vs. The Board of Trustees for the Port of Kolkata and Ors.
Court: Kolkata
Decided on: Aug-19-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side APOT63of 2016 GA662of 2016 With W.P.170 of 2016 Ramesh Kumar & Company Private Limited & Anr. versus The Board of Trustees for the Port of Kolkata & ORS.APOT66of 2016 GA667of 2016 With W.P.169 of 2016 Ballarpur Industries Limited & ORS.versus The Board of Trustees for the Port of Kolkata & ORS.G.A.728 of 2016 With APOT60of 2016 W.P.170 of 2016 Board of Trustees for the Port of Kolkata & Anr. versus Ramesh Kumar & Company Private Limited & ORS.G.A.730 of 2016 With APOT61of 2016 W.P.169 of 2016 Board of Trustees for the Port of Kolkata & Anr. versus Ballarpur Industries Private Limited & Anr. BEFORE: The Honble CHIEF JUSTICE DR. MANJULA CHELLUR & The Honble JUSTICE ARIJIT BANERJEE For Appellants/PetitioneRs.Mr.Pratap Chatterjee, Sr.Adv.(in item33) Mr.Anirban Banerjee, Adv.Ms.Alakananda Das, Adv.Ms.Arpita Banerjee, Adv.For Appellants in item 35 : Mr.Shaktinath Mukherjee, Sr.Adv.For Respondent in item 37 Mr.A.Chat...
Tag this Judgment!M/S. Rotomac Electricals Pvt Ltd. Vs. Union of India
Court: Kolkata
Decided on: Aug-18-2016
ORDER SHEET AP No.186 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF : M/S.ROTOMAC ELECTRICALS PVT LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th August, 2016. Appearance: Mr.Biswajit Bhattacharjee, Sr.Adv.Mr.Malay Dhar, Adv.Mr.Biswajit Sarkar, Adv.Ms.Aparna Banerjee, Adv.The Court : This is an application for setting aside of an award dated 22nd December, 2015. The award was passed unanimously by the Arbitral Tribunal constituted under the arbitration agreement. The dispute arose in relation to a tender floated by the Metro Railway Authorities for re-insulation, repair of the stator, re-winding of armature and overhauling of NGEF make Traction Motor. The Letter of Acceptance contains terms which, inter alia, include the scheme of work and time schedule. The said clause is referred to specifically in view of the fact that an argument is advanced on behalf of the petitioner that the said clause crea...
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