Kolkata Court February 2017 Judgments
Lagnajita Chatterjee Vs. State Bank of India and Ors.
Court: Kolkata
Decided on: Feb-23-2017
ORDER SHEET WP No.73 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE LAGNAJITA CHATTERJEE Versus STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 23rd February, 2017. Mr.Sarathi Dasgupta, Ms.Aradhita Ghosh Monda, Adversus for the petitioner Mr.Soumya Roy, Adv.for respondent No.2 Ms.Shampa Sarkar, Adv.for respondent No.3 The Court : The petitioner assails an action of the State Bank of India as communicated by the writing dated December 6, 2016. Learned advocate for the petitioner submits that, the petitioner is a student, perusing her higher studies abroad. She was awarded a scholarship. She has a bank account with State Bank of India. She had deposited the scholarship amount in such account maintained with the State Bank of India. Since she was travelling abroad for her higher studies, she has inducted her father as the joint account holder in respect of such account. The bank now alleges since the father of the petitione...
Tag this Judgment!Nazimuddin Khan Vs. Lloyd Insulation(S) India Limited
Court: Kolkata
Decided on: Feb-23-2017
ORDER SHEET GA No.1820 of 2014 WITH EC No.467 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NAZIMUDDIN KHAN VS. LLOYD INSULATION(S) INDIA LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :23. d February, 2017. Mr. Krishnaraj Thaker, Mr. Brajesh Jha, Md. B. Israil, Advocates for decree holder. Mr. Abhrajit Mitra, Sr. Advocate, Mr. Anirban Ray, Mr. Soumabho Ghose, Mr. Nikunj Berlia, Advocates for judgment debtor. The Court : There are two issues involved in this execution application. The first relates to an application filed by the award debtor Mr. Abhrajit Mitras client for recording satisfaction of the decree. The application is based on a post award written agreement arrived at between the parties. The petitioner is the award debtor. The award was passed on 13th May, 2013. On 3rd September, 2013 a Memorandum of Understanding was entered into between the award holder and the award debtor by which the award debtor had agreed to pay a sum of...
Tag this Judgment!Gopal Saha Vs. The Union of India and Ors.
Court: Kolkata
Decided on: Feb-23-2017
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT207of 2016 GA1888of 2016 GOPAL SAHA Versus THE UNION OF INDIA & ORS.And APOT208of 2016 GA1889of 2016 AJGAR SHEIKH Versus THE UNION OF INDIA & ORS.And GA2718of 2016 APOT319of 2016 GA2719of 2016 THE UNION OF INDIA & ORS.Versus AJGAR SEIKH And GA2729of 2016 APOT320of 2016 GA2730of 2016 THE UNION OF INDIA & ORS.Versus GOPAL SAHA BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Date : 23rd February, 2017. Mr.Farook M. Razack, Senior Advocate with Mr.Ravi Dubey, Adv.and Ms.Priyanka Bhuroria, Adv..for Appellant in APOT2072016 and for Respondent in APOT3202016 Mr.Soumya Majumdar, Adv.with Mr.Manaj Malhotra, Adv..for Appellant in APOT2082016 and for Respondent in APOT3192016 Mr.Somnath Ganguli, Adv.with Mr.B.P. Banerjee, Adv.for Respondent in APOT2072016 and APOT2082016 for Appellant in APOT3192016 and APOT3202016 Re : GA1888of 2016 with APOT207of 2016 The instant application bei...
Tag this Judgment!B. Ghosh and Co. Pvt. Ltd. and Anr. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Feb-22-2017
W.P.No.1440 of 2003 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side B. Ghosh & Co.PVT.LTD.& Anr. versus Union of India & ORS.For the Petitioners : Mr.Tilak Bose, Sr.Advocate Mr.Asit De, Advocate Ms.Sananda Mukherjee, Advocate Mr.Tirthankar Dey, Advocate For the Kolkata Port Trust : Mr.S.Bhattacharyya, Advocate For the Respondent Nos.: Mr.Somnath Ganguli, Advocate 1, 2 and 3 Mr.Bhaskar Prasad Banerjee, Advocate For Stephen Commerce : Mr.A.Das, Advocate Hearing concluded on : February 15, 2017 Judgment on : February 22, 2017 DEBANGSU BASAK, J.:- The petitioner assails the show-cause notice dated March 26, 2003 and a demand letter dated July 28, 2003 issued by the Customs authorities. Learned Senior Advocate for the petitioners submits that, the impugned show-cause notice is for alleged shortlanding of goods. He refers to Section 116 of the Customs Act, 1962 under which such allegation has been levelled against the petitioneRs.He refers to various orders passe...
Tag this Judgment!Indo Foreign (Agents) Pvt. Ltd. Vs. Union of India and Anr
Court: Kolkata
Decided on: Feb-22-2017
ORDER SHEET WP No.79 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE INDO FOREIGN (AGENTS) PVT.LTD.Versus UNION OF INDIA & ANR BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 22nd February, 2017. Mr.R.K.Chowdhury, Mr.Protyush Chatterjee, Adversus for the petitioner Mr.Amitabrata Ray, Mr.Bhaskar P. Banerjee, Adversus for the respondents The Court : The petitioner assails an order passed by the Commissioner of Customs dated January 27, 2017 exercising powers under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004. Learned advocate for the petitioner submits that although the petitioner has an appellate forum, the petitioner seeks to move this writ petition under Article 226 of the Constitution of India on the ground that, the impugned order was passed without jurisdiction. He submits that, the Commissioner of Customs did not have the requisite jurisdiction to pass the impugned order since the conditions precedent for assumptio...
Tag this Judgment!Union of India Vs. M/S. Jasumall and Co.
Court: Kolkata
Decided on: Feb-21-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE A.P.No.127 of 2004 UNION OF INDIA versus M/S.JASUMALL & Co.For the petitioners:- MRS.APARNA BANERJEE Advocate For the Respondents:- Mr.AMITABHA GHOSH Mr.TAPAS KUMAR DEY Advocates Judgement On: - 21st February, 2017 I.P.MUKERJI, J. The respondent is a firm of contractORS.On 25th November, 1997 the Eastern Railways under the Ministry of Railways, Government of India entered into a formal contract with them to do some earth work in embankment, compaction of blanketting material thereon, for constructing an extension of the railway bridge, for supplying materials etc.between Shaktigar and Palsit stations in the Burdwan District of this State. The letter of acceptance was issued by the petitioner railways on 25th August, 1997. The value of the work was Rs.42,92,317 and the time to complete it was six months from the letter of acceptance i.e.24th February, 1998. The respondent could only complete 33% to 35% of t...
Tag this Judgment!Shri Jaichandlal Ashok Kumar and Co. Pvt. Ltd. Vs. Nawab Yossuf and An ...
Court: Kolkata
Decided on: Feb-21-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN G.A.1572 of 2015 E.C.No.125 of 2015 SHRI JAICHANDLAL ASHOK KUMAR & Co.PVT.LTD.versus NAWAB YOSSUF & ANR. For the Decree Holder : Mr.Ajay Krishna Chatterjee, Sr.Adv., Mr.Srinik Singhvi, Adv., Mr.Sabyasachi Chowdhury, Adv., Ms.Sananda Ganguli, Adv., Mr.Shubradip Ray, Adv.For the Judgment Debtors : Mr.Mr.Mr.Mr.Heard on : 13.05.2015, 17.06.2015, 31.01.2017, 07.02.2017, 14.02.2017. Judgment on : 21st February, 2017 Ranjan Deb, Sr.Adv., Surajit Nath Mitra, Sr.Adv., Arindam Roy, Adv., Deepak Jain, Adv.Soumen Sen, J.:- The judgment debtor is the applicant. The judgment debtor has filed this application under Section 47 of the Code of Civil Procedure challenging the executability of a decree passed by the appellate court on 22nd August, 2013. The appellate court granted a decree for specific performance which the arbitrator as well as the trial court had declined. The arbitrato...
Tag this Judgment!Manik Lal Bhowmik Vs. Bharat Sanchar Nigam Limited
Court: Kolkata
Decided on: Feb-17-2017
In the High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side CS11of 2006 Manik Lal Bhowmik -Vs.Bharat Sanchar Nigam Limited For the Plaintiff : Mr.Jayanta Banerjee, Adv.Mr.Kollol Guha Thakurata, Adv.Ms.Sukanya Dutta, Adv.Mr.Vinod Kr. Singh, Adv.Mr.Asit Kr. Dutta, Adv.For the Defendant Heard On 17.12.2015 : Mr.Amitava Das, Adv.Mr.Pingal Bhattacharya, Adv.: 14.04.2015, 28.07.2016, 19.06.2015, 19.11.2015, 12.08.2016, 11.11.2016, 25.11.2016 CAV On : 09.12.2016 Judgment On : 17.02.2017 Arijit Banerjee, J.:(1) The plaintiffs grievance is that the defendant employer has defamed him. He has claimed a decree for Rs.50 lacs as damages and an order of permanent injunction restraining the defendant from publishing further defamatory matters concerning the plaintiff. The undisputed facts of the case are as follows. (2) The plaintiff was appointed by the defendant as a TeleCo.Accounts Clerk on 19 October, 1973. Subsequently, he was promoted to the post of Senior Accountant with e...
Tag this Judgment!Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...
Court: Kolkata
Decided on: Feb-17-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.174 of 2017 G.A.No.175 of 2017 G.A.No.176 of 2017 G.A.No.117 of 2017 C.S.No.2 of 2017 LINDSAY INTERNATIONAL PVT.LTD.& ORS.versus LAXMI NIWAS MITTAL & ORS.For the Plaintiff : Mr.S.K.Kapoor, Sr.Adv., Mr.S.N.Mookherjee, Sr.Adv., Mr.Joy Saha, Sr.Adv., Mr.Ravi Kapoor, Adv., Mr.Saunak Mitra, Adv., Ms.Priyanka Prasad, Adv., Mr.S.R.Kakrania, Adv., Mr.Sanjeeb Seni, Adv., Mr.Souvik Kundu, Adv.For the Respondent No.3 : Mr.Mr.Mr.Mr.For the Respondent No.41 : Mr.Anindya Kumar Mitra, Sr.Adv., Mr.Arunabho Das, Adv.For the Respondent No.42 : Mr.Mr.Mr.Mr.For the Respondent No.39 : Mr.Pratap Chatterjee, Sr.Adv., Mr.Debajyoti Dutta, Adv., Ms.Anshumala Bansal, Adv.For the Respondent No.40 : Mr.Rishad Medora, Adv., Mr.Prabal Ghosh, Adv.Jayanta Kumar Mitra, Sr.Adv., Siddhartha Datta, Adv., Bodhisatta Biswas, Adv., Suhani Dwivedi, Adv.Ramji Srinivasan, Sr.Adv., Gautam Mitra, Adv., Sou...
Tag this Judgment!Principal Commissioner of Income Tax, Jalpaiguri Vs. Raigunj Central C ...
Court: Kolkata
Decided on: Feb-17-2017
ORDER SHEET G.A no.3652 of 2015 ITAT no.162 of 2015 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Principal Commissioner of Income Tax, Jalpaiguri Versus Raigunj Central Co-operative Bank LTD.BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Date:17th February, 2017 Mr.Nizamuddin, Adv..for the Revenue. Mr.Khaitan learned Sr.Adv..for the Assessee. Arindam Sinha,J.: The Revenue is aggrieved by order dated 7th April, 2015 passed by the Income Tax Appellate Tribunal, Kolkata C Bench, Kolkata in ITA no.895/KOL/2012 and ITA no 49/KOL/2013 respectively pertaining to the assessment years 2007-08 and 2009-10. By the impugned order the Tribunal allowed the appeal pertaining to assessment year 2007-08 on both grounds. The appeal as pertaining to the to assessment year 2009-10 was found have facts and issues identical to the said earlier assessment year and decided in terms thereof. The assessee was successful before the Tribunal. The Tribu...
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