Kolkata Court August 2016 Judgments
Trf Limited Vs. Damodar Valley Corporation and Anr.
Court: Kolkata
Decided on: Aug-18-2016
GA No.2431 of 2016 CS No.38 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TRF LIMITED Versus DAMODAR VALLEY CORPORATION & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th August, 2016. Appearance: Mr.Nirmalya Dasgupta, Advocate Mr.Sachin Shukla, Advocate Mr.Jaydip Kar, Sr.Advocate Mr.Subir Pal, Advocate The Court: Mr.Dasgupta opposes this application made by the fiRs.defendant No.1 for a weeks extension to file their written statement. Time to file their written statement expired on 5th August 2016. The Masters Summons was signed by the Master on 12th August, 2016. The petition in support of it was verified on 10th August, 2016. I was referred by Mr.Dasgupta to a three Judges Bench decision of the Supreme Court in New India Assurance Co.Ltd.v.Hilli Multipurpose Cold Storage PVT.LTD.reported in AIR2016Supreme Court 86. After consideration of a number of judgements pronounced by the Court, it was pleased to observe and hold as follows in ...
Tag this Judgment!Principal Commissioner of Income Tax 2, Kolkata Vs. Income Tax Appella ...
Court: Kolkata
Decided on: Aug-17-2016
ORDER SHEET WP No.750 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX - 2, KOLKATA Versus INCOME TAX APPELLATE TRIBUNAL, KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 17th August, 2016 Mr.Prithu Dudhoria, Adv..for the petitioner Mr.Abhrotosh Mazumdar, Sr.Adv.with Mr.Saumya Kejriwal, Adv.Mr.A.K. Dey, Adv..for the respondent no.3 This writ petition is at the instance of the Principal Commissioner of Income Tax-II, Kolkata challenging an order dated July 8, 2015 passed by the Income Tax Appellate Tribunal, Kolkata A Bench, Kolkata (hereafter the tribunal).The tribunal by such order refused to condone the delay in presentation of an appeal (ITA No.46/KOL/2011) against an order dated September 20, 2010 for the assessment year 2007-08. Mr.Dudhoria, learned advocate representing the petitioner contends that although section 260A of the Income Tax Act, 1961 provides a remedy of appeal before this Court, ...
Tag this Judgment!K. D. Jag Holdings Pvt. Ltd. Vs. Albeli Fashions Pvt. Ltd. and Ors.
Court: Kolkata
Decided on: Aug-16-2016
O-23 GA No.438 of 2016 CS No.49 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE K.D.JAG HOLDINGS PVT.LTD.Versus ALBELI FASHIONS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 16th August, 2016. Appearance: Mr.D.N. Sharma, Adv.Mr.Nilay Sengupta, Adv.Mr.Arik Banerjee, Adv.Mr.Suman Dutt, Adv.Mr.Anuj Singh, Adv.The Court : There is no defence to the claim though the entire action appears to be a comedy of errors with a plaint crying out that the plaintiff almost had no claim and the fiRs.defendants affidavit making a hash of the defence and pinching the plaintiff to remind it that money was due to it. The short story is that a sum of Rs.50 lakh was given as loan by the plaintiff to the fiRs.defendant. The other defendants may have had a role in the transaction but just as the weather on the day that the loan was granted was irrelevant, it was equally unnecessary to implead the other defendants. The fiRs.defendant executed a promiss...
Tag this Judgment!Srei Equipment Finance Limited. Vs. Dibyajyoti Mines and Infrastructur ...
Court: Kolkata
Decided on: Aug-16-2016
ORDER SHEET AP No.612 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED. VERSUS DIBYAJYOTI MINES & INFRASTRUCTURE PRIVATE LIMITED & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 16th August, 2016. Mr.Swatarup Banerjee, Adv Mr.Arijit Ghosh, Adv Mr.Rahul Modak, Adv . for the petitioner The Court: Leave under Clause 12 of the Letters Patent is granted. In spite of notice, the respondent no.1 is not represented. The service on the respondent no.2 is incomplete. Leave is given to file a supplementary affidavit. The affidavit of service filed in Court today is taken on record. The petitioner has filed an application for interim relief in contemplation of an arbitration proceeding. The petitioner contends that by and under an agreement executed on January 22, 2013 by which the petitioner has provided financial assistance to the respondent No.1 for a sum of Rs.3,43,99,998.00/-for the purpose of acquiring 6 (Six) Scania ...
Tag this Judgment!State of West Bengal and Anr Vs. Lakshmi Kanta Hazra and Anr
Court: Kolkata
Decided on: Aug-16-2016
ORDER SHEET GA No.2093 of 2016 APOT No.240 of 2016 WP No.1109 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE STATE OF WEST BENGAL & ANR Versus LAKSHMI KANTA HAZRA & ANR BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 16th August, 2016. Appearance: Mr.Pranab Kumar Dutta, Sr.Adv.Mr.Naba Kumar Das, Adv.Mr.Soumya Majumder, Adv.Mr.Tridip Chakraborty, Adv.Mr.Victor Chatterjee, Adv.The Court : Heard Mr.Pranab Datta, learned senior Advocate, assisted by Mr.appellants-State Naba and Kumar Mr.Das, Soumya Learned Advocate, Majumder, learned for the Advocate, assisted by Tridip Chakraborty and Mr.Victor Chatterjee, learned Advocates for the respondents. On going through the application and after hearing the learned Advocate for the appellants, we are satisfied that there was sufficient cause for condoning the delay of about 272 days in filing the appeal. The delay is condoned. The brief history of the case is that the responde...
Tag this Judgment!Icici Bank Ltd. and Anr. Vs. Chairperson, Debts Recovery Appellate Tri ...
Court: Kolkata
Decided on: Aug-12-2016
OD-6 WP No.61 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ICICI BANK LTD.& ANR. Versus CHAIRPERSON, DEBTS RECOVERY APPELLATE TRIBUNAL, KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : August 12, 2016. Appearance: Mr.Hirak Kr. Mitra, Sr.Adv.Mr.Ratnanko Banerji, Sr.Adv.Mr.Debdatta Sen, Adv.Mr.S.Chatterjee, Adv.Mr.M.K. Seal, Adv.Mr.Dipaloke Majumdar, Adv.The Court : The third respondent is represented today after advocates previously representing such private respondent having withdrawn. The challenge herein is to an order dated January 7, 2014 passed by the Debts Recovery Appellate Tribunal in Kolkata in an appeal arising out of an interlocutory application in proceedings under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The primary issue before the appellate tribunal was as to whether the private respondent herein should be restrained, in terms of a clause in the contract with the bank, f...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-12-2016
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad W.P.No.984 of 2015 Vinod Kumar Tiwari Vs. The State of West Bengal & ORS.For the petitioner : Mr.Sunil Kumar Chakraborty For the Respondent Nos.4, 6 & 7 : Mr.Kishore Dutta Mr.T.M.Siddiqui Mr.S.Siddiqui Mr.Azim Md.Sabir For the Respondent Nos.2 & 3 : MRS.Arunima Lala Heard on : 28.07.2016 C.A.V.on : 28.07.2016 Judgment on : 12.08.2016 SHIVAKANT PRASAD, J. The petitioner has challenged the suspension order from the post of Assistant Teacher in Saifee Gonden Jubilee English Public School, Kolkata with effect from 04.9. 2013 followed by a showcause notice culminating in dismissal of the petitioner from the said post on 06.8.2014. Chronological events leading to the instant application is that the writ petitioners initial appointment on probation as a Commerce Teacher in XI and XII Classes under CISC (Council for the Indian School Certificate Examination) on 13.02.1995 i...
Tag this Judgment!M/S.Srei Infrastructure Finance Ltd. Vs. Dy.Commissioner of Income Tax ...
Court: Kolkata
Decided on: Aug-12-2016
ORDER SHEET GA NO.1555 OF2016ITAT NO.245 OF2016IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE M/S.SREI INFRASTRUCTURE FINANCE LTD.Versus DY.COMMISSIONER OF INCOME TAX, CIRCLE -11(2).KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 12th August, 2016. Mr.J.P.KHAITAN, Sr.ADVOCATE, Mr.SOMAK BASU, ADVOCATE FOR APPELLANT MRS.SMITA DAS DE, ADVOCATE FOR RESPONDENT The Court : The subject matter of challenge is a judgment and order dated 4th January, 2016 passed by the learned Income Tax Appellate Tribunal, Kolkata, A Bench, Kolkata in ITA No.3838/Del/2013 pertaining to the assessment year 2008-09 by which the learned Tribunal dismissed an appeal preferred by the assessee. The assessee has come up in appeal. The appeal is at the admission stage. The following question of law has been suggested by the assessee. Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in confirming t...
Tag this Judgment!The Kolkata Municipal Corporation and Anr Vs. Sri Sankarshan Pvt Ltd
Court: Kolkata
Decided on: Aug-12-2016
APO157OF2016WITH C.S..No.66 OF2008G.A.No.1240 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE KOLKATA MUNICIPAL CORPORATION & ANR Versus SRI SANKARSHAN PVT LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date :12. h/16TH August, 2016. Appearance : Mr.P.S.Bose,Sr.Advocate Mr.G.C.Das,Advocate Mr.Aloke Ghosh,Advocate .for appellant. Mr.Ranjan Deb,Sr.Advocate Mr.Samrat Sen,Sr.Advocate Mr.R.L.Mitra,Advocate Ms.P.Dhar,Advocate Mr.S.Bose,Advocate .for respondent.1. MIR DARA SHEKO,J.: This appeal is preferred against the order dated 13th August, 2015 allowing amendment of plaint sought for by the plaintiff/respondent. The operative part of the order passed by the Learned Trial Judge, allowing amendment of the plaint, is set out hereunder : Accordingly, there will be an order in terms of prayers (a) and (b) of the amendment petition. However, the amendment that will be incorporated is as indicated in red ink in the copy of the...
Tag this Judgment!Bharati Das Vs. Sm. Geeta Dutta
Court: Kolkata
Decided on: Aug-10-2016
OD-49 GA1914of 2016 PLA88of 1976 GA1878of 2015 GA1999of 2016 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction Original Side IN THE GOODS OF: SUBODH GOPAL BOSE (DEC.) -ANDBHARATI DAS versus SM. GEETA DUTTA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : August 10, 2016. Appearance: Mr.Sakya Sen, Adv.Mr.Aniruddha Mitra, Adv.Ms.L.Sinha, Adv.Mr.Sandip Ghosh, Adv.Mr.Subrata Das, Adv.Mr.P.K.Dutta, Sr.Adv.Mr.S.Chakraborty, Adv.Mr.S.Sen, Adv.Mr.Nirmalya Dasgupta, Adv.Mr.R.L.Mitra, Adv.Ms.P.Dhar, Adv.Mr.J.Barik, Adv.Mr.Somnath Bose, Adv.Mr.Ananda Prosad Ghosh, Adv.Ms.Arunima Lala Sengupta, Adv.Mr.T.Khan, Adv.The Court: This is an administration suit after probate of the Will was granted since the administration has not yet been completed and the executor has long died. Problems have arisen because of the vastness of the estate and the differences between the legatees or the heirs of the legatees. As far as the Puri property named Lily Cottage is concerned, it appears that ...
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