Kolkata Court January 2017 Judgments
Principal Commissioner of Income Tax,central2, Kolkata Vs. M/S Gopal D ...
Court: Kolkata
Decided on: Jan-31-2017
G.A no.1684 of 2016 ITAT no.206 of 2016 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Principal Commissioner of Income Tax,Central-2, Kolkata Versus M/s Gopal Das Kothari (HUF) BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Date: 31st January, 2017. Mr.Chowdhary, Adv..for the Revenue. Mr.Khaitan learned Sr.Adv..for the Assessee. Arindam Sinha,J.The Revenue being aggrieved by order dated 16th December, 2015 passed by the Income Tax Appellate Tribunal, A Bench, Kolkata, seeks to prefer an appeal therefrom on the following questions as suggested:(i)Whether the on the facts and circumstances of the case the Learned Income Tax Appellate Tribunal has was justified in law in confirming the order of the CIT (Appeal) in deleting the penalty levied under Section 271(1) (c) of the Income Tax Act, 1961 on the ground that the assessee is entitled to immunity from penalty on account of Explanation 5 to Section 271 (1) (c) of the Income Tax...
Tag this Judgment!M/S. Ambo Exports Limited Vs. M/S. Narasu’s Exports and Another
Court: Kolkata
Decided on: Jan-31-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad CS300of 2009 M/S.Ambo Exports Limited Versus M/S.Narasus Exports & Another For the plaintiff : Mr.Reetobrato Kr. Mitra, Adv.MRS.Madhu Priya, Adv.Mr.Prithwiraj Sinha, Adv.Mr.D.Sharma, Adv.For the defendants : Mr.Aniruddha Mitra, Adv.Ms.Debamitra Adhikari, Adv.Ms.Siddique Parveen, Adv.Heard on : 16.01.2017 C.A.V.on : 16.01.2017 Judgment on : 31.01.2017 Concise Statement This is a suit for a decree for Rs.70,60,405.25 paisa together with interest at the rate of 15% per annum on account of commission for sale of coffee to CIS countries; mandatory injunction and other reliefs. Plaint case The plaintiff carries on export-import business at No.3, Pretoria Street, Kolkata-700 071 and has good and large customer based in RUSSIA AND CIS countries. On or about May 11, 2005 the defendant No.1 and the plaintiff entered into an agreement modifying some of the terms contained ...
Tag this Judgment!Dipankar De Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jan-31-2017
WP No.106 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE DIPANKAR DE VERSUS THE KOLKATA MUNICIPAL CORPORATION & ORS.B E F O R E: The Honble Justice HARISH TANDON Dated, the 31st January, 2017. Appearance: Mr.Tapas Mukhopadhyay, Adv.Mr.Subrata Banerjee, Adv.For the petitioner. Mr.Alok Kumar Ghosh, Adv.Mr.Swapan Kumar Debnath, Adv.For K.M.C.The Court:- The present writ petition has been filed challenging the order of the Appellate Authority dated 26th November, 2013 whereby and whereunder the order of the disciplinary authority was modified. The disciplinary proceeding was initiated against the petitioner and the allegations contained in article of charges were approved which resultantly lead to withholding of five increments of pay with cumulative effect. The period of suspension was also directed to be treated on the basis of outcome of the criminal proceeding initiated against the petitioner. The Appellate Authority modified the order of the disci...
Tag this Judgment!Mineral Overseas Pvt. Ltd. and Anr. Vs. Chief Commercial Manager, S. E ...
Court: Kolkata
Decided on: Jan-31-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr.Justice Subrata Talukdar W.P.1547 of 2010 Mineral Overseas PVT.LTD.& Anr. -vs.Chief Commercial Manager, S.E.Railway & ORS.For the Petitioners : Mr.Mr.Mr.Mr.Ajay Krishna Chatterjee D.N.Sharma K. Chowdhury A. Basu For the Respondents : Mr.Swapan Banerjee Mr.Rajendra Chaturvedi Heard on : 29/01/2016 Judgement on : 31/01/2017 Subrata Talukdar, J.: In this writ application the writ petitioner No.1/company represented by one of its DirectORS.the writ petitioner No.2, challenges the demand raised by the Railways on account of stacking charges at Barsuan railway siding of the respondents-South Eastern Railway (for short SER).Mr.Ajay Krishna Chatterjee, Ld. Senior Counsel appearing for the petitioners submits that the petitioner No.1/company carries on business as traders and exporters of iron ore which is transported by road and the Railways. For the purpose of transporting the ore by Railways, ...
Tag this Judgment!Arvind Tiwari Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Jan-31-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr.Justice Subrata Talukdar W.P.723 of 2013 Arvind Tiwari -vs.State of West Bengal & ORS.For the Petitioner : Mr.Sakti Pada Jana Ms.Ujani Pal (Samanta) For the State : Mr.Amitesh Banerjee Mr.B.Ghosh Heard on : 26/02/2016 Judgement on : 31/01/2017 Subrata Talukdar, J.: In this writ application the petitioner, presently working as an Assistant Teacher (for short AT) in Hindi in the School in issue namely, Shree Vishuddhanand Saraswati Vidyalaya, Kolkata (hereinafter referred to for short as the School) being represented by Mr.Sakti Pada Jana, Ld. Counsel, who submits that pursuant to the letter of appointment dated 27th February, 2006, the petitioner joined his employment on 1st March, 2006 and, his service was confirmed by the School Authority vide its resolution dated 11th October, 2007. The School then sent a proposal to the District Inspector of Schools (Secondary Education).Kolkata (for ...
Tag this Judgment!Tripti Saha Vs. Union of India
Court: Kolkata
Decided on: Jan-31-2017
AP No.492 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TRIPTI SAHA Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 31st January, 2017. Appearance: Mr.P.Chakraborty, Advocatefor the petitioner. The Court: This is an application to set aside the award dated 25th September 2006 made and published by the learned Arbitrator. Even at the second call, none appears for the Railways to contest this application. I find from the order dated 12th May 2011 that even at the time of admission of this application, none had appeared for them. The claim of the petitioner in the arbitration was on account of price of goods allegedly sold by them to the Railways between October 1987 and October 1989. The chart which is Annexure A at page 21 of the petition reveals that twentyfour consignment of goods were delivered to the Railways further to their letters of order between 1st December 1987 and 3rd October 1989, the price claimed for which was...
Tag this Judgment!Prabir Ranjan Basu Vs. The Kolkata Municipal Corporation and Ors
Court: Kolkata
Decided on: Jan-31-2017
ORDER SHEET WP No.47 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRABIR RANJAN BASU Versus THE KOLKATA MUNICIPAL CORPORATION & ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 31st January, 2017. Appearance: Mr.S.Basu, Sr.Adv.Mr.Mahaboob Ahmed, Adv.for the petitioner Mr.Biswajit Mukherjee, Adv.Mr.Arijit Dey, Adv.Ms.P.Bandopadhyay, Adv.for the KMC Mr.Samrat Chowdhury, Adv.Ms.Tuhina Ghosh, Adv.for the private respondent The Court : The challenge is made to the order dated 5th May, 2016 passed by the Joint Municipal Commissioner (Revenue) directing the status quo to be maintained till the disposal of the Civil Suit. Admittedly, a plan was sanctioned by the Kolkata Municipal Corporation in favour of the petitioner for vertical extension over the existing structure permitting to raise an additional story. The sanction came in the year 2014 and it is not in dispute that the petitioner ensued construction work on the basis of the said plan. The pri...
Tag this Judgment!Bagadiya Brothers Pvt. Ltd. and Anr. Vs. U.O.I. and Ors.
Court: Kolkata
Decided on: Jan-30-2017
IN THE HIGH COURT AT CALCUTTA APPEAL FROM CONSTITUTIONAL WRIT JURISDICTION (ORIGINAL SIDE) 1. APO2322015 W.P. 336/2009 Bagadiya Brothers Pvt. Ltd. & Anr. Vs. U.O.I. & Ors.2. APO2332015 WP3432009 Anurag Agarwal Vs. U.O.I. & Ors.3. APO2482015 WP9652008 Skylark Fiscal Services (P) Ltd. Vs. U.O.I. & Ors.4. APO2472015 WP10702009 S.K. Sarawagi & CO. Pvt. Ltd. Vs. U.O.I. & Ors. Present : The Honble Justice Rakesh Tiwari And The Honble Justice Mir Dara Sheko For the Appellants : Mr. S. Sarkar, Sr. Adv. Mr. R.A. Agarwalla. Adv. Mr. K. Gupta, Adv. Mr. R. Dhara, Adv. Mr. R.K. Gupta, Adv. For the respondents : Mr. A.K. Ghosal, Sr. Adv. Mr. R. Chaturvedi, Adv. Heard on : Judgment on : November 18, 23, 25, 2016 30.01.2017 Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The present appeal has been preferred by the appellants abovementioned challenging the correctness of Judgment dated May 12, 2015 passed in APO2322015 Bagadiya Brothers Pvt. Ltd. & Anr. Vs. Union of...
Tag this Judgment!Mittal Technopack Private Ltd. and Anr. Vs. Ecgc Ltd. (Formerly Export ...
Court: Kolkata
Decided on: Jan-27-2017
In The High Court at Calcutta Constitutional Writ Jurisdiction Original Side WP94of 2015 Mittal Technopack Private LTD.& Anr. -Vs.ECGC LTD.(Formerly Export Credit Guarantee Corp. of India Ltd.) Before : The Honble Justice Arijit Banerjee For the Petitioners : Mr.Ratnanko Banerjee, Sr.Adv.Mr.V.Jhunjhunwala, Adv.For the Respondent : Mr.K Bhattacharya, Adv.Heard On 04.10.2016 : Judgment On : 27.01.2017 31.03.2015, 21.04.2015, 31.08.2016, Arijit Banerjee, J.:(1) In this writ application the petitioners challenge the rejection by the respondent of the petitioners claim under a Multi Buyer Exposure Policy for reimbursement of the cost of re-importation of goods exported by the petitioner company. (2) The petitioner company is an export house dealing in export and import of various commodities. The respondent is a Government of India enterprise which carries the business of providing insurance coverage to exporters in respect of risks associated with exports. At the request of the petitioner ...
Tag this Judgment!Gopal Ji Shaw and Anr Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jan-25-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE CORAM: HONBLE Mr.JUSTICE HARISH TANDON W.P.791 OF2013GOPAL J.SHAW & ANR -VsKOLKATA MUNICIPAL CORPORATION & ORS.W.P.792 OF2013MANJULATA SHAW & ORS.-VsKOLKATA MUNICIPAL CORPORATION & ORS.Mr.Arindam Banerjee For the Petitioner Mr.Biswajit Mukherjee Mr.Debangshu Mondal For the Corporation. JUDGMENT ON: 25.01.2017 THE COURT: The petitioners and the proforma respondents inherited the premises No.61, Khudiram Bose Sarani, which comprised of the land with a structure having an area of 24 katha 8 chatak and 42 square feet. A suit for declaration and partition was filed before the Civil Court and a compromise was effected between the petitioners and the proforma respondents on the basis thereof the suit was decreed. A final decree was passed and the petitioner was allotted the land with the structure comprised in the area of 16 katha 6 chatak 43 square feet and the rest was allotted to the proforma respondents. An app...
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