Kolkata Court February 2017 Judgments
Shashank Kocher and Anr. Vs. Rajeev Maheshwari and Ors.
Court: Kolkata
Decided on: Feb-10-2017
OD-3 AP No.1092 of 2014 GA No.3318 of 2014 AP No.433 of 2014 AP No.61 of 2010 GA No.151 of 2006 GA No.152 of 2006 GA No.153 of 2006 GA No.296 of 2011 GA No.299 of 2011 GA No.377 of 2011 SS No.9 of 1995 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHASHANK KOCHER & ANR. Versus RAJEEV MAHESHWARI & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th February, 2017. Appearance: Mr.Jishnu Saha, Sr.Adv.Mr.Pratik Ghosh, Adv.Ms.Srinanda Bose, Adv..for the petitioners Mr.Hirak Kr. Mitra, Sr.Adv.Mr.Aniruddha Ray, Adv.Mr.Sakya Sen, Adv.Ms.Noelle Banerjee, Adv.Mr.Shaunak Mitra, Adv.Ms.Debjani Chatterjee, Adv..for the respondents The Court : Several of the petitions and applications that appear are dead or meaningless and even the live matters are of little effect in the light of the previous orders that bind the parties. Mohanlal Kocher and Mohanlal Maheshwari started a partnership business by the name of Bharat Industries and Commercial Corporation. Bot...
Tag this Judgment!Principal Commissioner of Income Tax2, Kolkata Vs. National Insurance ...
Court: Kolkata
Decided on: Feb-10-2017
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE G.A.No.2362 of 2016 With ITAT285of 2016 PRINCIPAL COMMISSIONER OF INCOME TAX-2, KOLKATA Versus NATIONAL INSURANCE COMPANY LIMITED BEFORE: THE HONBLE JUSTICE ANIRUDDHA BOSE THE HONBLE JUSTICE ARINDAM SINHA Date : 10th February, 2017. For Appellant/Petitioner : For Respondent/Assessee: Md.Nizamuddin, Advocate Mr.P.Dhudhoria, Advocate Mr.N.K. Poddar, Sr.Advocate Mr.D.Mitra, Advocate ANIRUDDHA BOSE, J.:- This appeal by the Revenue seeks to invalidate an order of the Income Tax Appellate Tribunal (ITAT) upholding, in substance, the claim of the assessee a general insurance company - for total exemption on income out of sale/redemption of investments. The order under appeal is a composite one, dealing with two appeals of the same assessee, being ITA No.606/Kol/2012 (A.Y.2005-06) and ITA No.675/Kol/2012 (A.Y.2006-07).This appeal has been preferred in respect of decision of the Tribunal delivered in ITA ...
Tag this Judgment!Naveen Goel Vs. Commissioner of Customs(Port) and Anr.
Court: Kolkata
Decided on: Feb-10-2017
Judgement APO NO.308 OF2016IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE .NAVEEN GOEL Versus COMMISSIONER OF CUSTOMS(PORT) AND ANR. BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Date : 10th February, 2017 Ms.PAYEL SAHA,ADVOCATE FOR APPELLANT MR.J.P.KHAITAN, SR.ADVOCATE, AMICUS CURIAE ANIRUDDHA BOSE.J : This matter was listed today primarily for considering an objection note of the Stamp Reporter, High Court, Original Side in relation to registering the stay petition of the appellant taken out in connection with the appeal. This appeal is against an order of a learned Single Judge of this Court passed in exercise of jurisdiction under Article 226 of the Constitution of India. The stay petition is supported by an affidavit affirmed before the Attache(Passport).High Commission of India, Singapore on 14th December 2016. It is for this reason the department had declined to accept the petition for registering the same for subsequent li...
Tag this Judgment!Finance Corporation Limited Vs. Uco Bank
Court: Kolkata
Decided on: Feb-07-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION G.A.2552 of 2013 C.S.169 of 2013 West Bengal Infrastructure Development Finance Corporation Limited -VsUCO Bank Before: Honble Justice Harish Tandon Mr.Jayanta Kumar Mitra, Mr.S.N.Mookherjee, Mr.Tilak Bose, Ms.Vineeta Maheria, Mr.S.Bhattacharya, Mr.Ashok Kr. Dhar, Mr.Anil Dhar, Ms.Anandita Sen . For WBIDFC (Petitioner) Mr.Sabyasachi Chowdhury, Mr.Rajarshi Dutta, Mr.Sourjya Roy . For UCO Bank (Opposite Party) Date: 07.02.2017 The Court: The instant application is filed by the plaintiff / petitioner for final judgment and decree against the defendant / respondent for a sum of Rs.1,24,77,15,252.03 together with the interest at the rate of 18% per annum. Admittedly, the defendants have not filed the written statement as on the date of the filing of the instant application and the reliefs claimed in the instant application is in the nature of summary judgment. The fact emerged from the application is that the petitioner is a...
Tag this Judgment!Punalur Paper Mills Ltd andanr.…… Petitioners Vs. Land Acquisition ...
Court: Kolkata
Decided on: Feb-07-2017
IN THE HIGH COURT AT CALCUTTA CONTITUTIONAL WRIT JURISDICTION ORIGNAL SIDE Before : The Honble Justice Chinnasamy Swaminathan Karnan W.P.No.1211 of 2000 W.P.No.3006 of 2000 Punalur Paper Mills Ltd &Anr. Petitioners Versus Land Acquisition Collector &Ors...Respondents For the Petitioner : For the Respondent Nos. 1 to 4 For the Respondent No.5 Mr. Shyamal Sarkar, Sr. Advocate Mr. Deepak Br. Jain, Advocate :Mr. Sadananda Ganguly, Ld. Additional Govt. Pleader Mr. S.N. Biswas for the State. :Sima Biswas, Advocate The Honble JUSTICE C.S. Karnan Date :7th February, 2017. These writ petitions have been filed under Article 226 of the Constitution Of India for assailing the requistion and the impugned notification dated August 31, 2000 for acquisition of about 1350 sq. ft. area on the fifth floor of premises No.13, Nellie Sengupta Sarani, Kolkata 700 087 (in short, said premises.). Factual matrix of the case is that the said premises belonging to the petitioner No.1 was requisitioned by the Land...
Tag this Judgment!Union of India, Through the General Manager, Eastern Railway Vs. Indus ...
Court: Kolkata
Decided on: Feb-07-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side A.P.No.309 of 2012 Union of India, through the General Manager, Eastern Railway versus Industrial Laminated (India) PVT.LTD.For the petitioners:- Mr.L.K.Chatterjee Ms.Aparna Banerjee Advocates For the Respondents:- Mr.Sakya Sen Mr.Debmalya Ghosal Ms.Aparajita Ghosh Advocates Judgement On: - 7th February, 2017 I.P.MUKERJI, J. The dispute is between the petitioner railways and the private contractor respondent. It relates to the supply of brake blocks. These brake blocks are a very important part of railway safety. When the brakes are applied by the engine driver, the brake blocks attach to the wheels. This item must have a specific level of hardness. If it is too hard it will jam the wheel and damage it. If it is too soft it will not slow down the train. The RDSO is an agency of the Railways. It advises them on the quality and standard specification of the goods to be purchased by the railways. It advised t...
Tag this Judgment!The Calcutta Tramways Co (1978) Ltd. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Feb-07-2017
ORDER SHEET G.A.No.27 of 2017 With W.P.No.266 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE CALCUTTA TRAMWAYS CO (1978) LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 7th February, 2017. For Petitioner : Mr.Amitesh Banerjee, Sr.Adv.with Prithwish Mukherjee, Adv.For ESI Corporation : Mr.T.K.Chatterjee, Adv.For the State : Mr.Soumitra Mukherjee with Mr.Chittaranjan Ghosh, Adversus By an order dated June 14, 2016, W.P.No.266 of 2010 was dismissed. The reason for dismissal, as recorded in the order, was the repeated prayer for accommodation by the learned Advocate for the petitioner on the ground that the records were not with him. The learned Advocate who represented the petitioner was asked if he was in a position to argue and he gave the answer to that in the negative. The learned Judge had also recorded that sufficient opportunities were given to the petitioner, probably more than what it was...
Tag this Judgment!The State of West Bengal Vs. Afcons Pauling (India) Ltd.
Court: Kolkata
Decided on: Feb-03-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN AP158of 2012 THE STATE OF WEST BENGAL Versus AFCONS PAULING (INDIA) LTD.For the State : Mr.Samrat Sen, Sr.Adv.Mr.Paritosh Sinha, Adv.Ms.Monali Bose, Adv.For the Respondent : Mr.Pratap Chatterjee, Sr.Adv.Mr.Dhruba Ghosh, Sr.Adv.Mr.Bijan Majumder, Adv.Heard On : 11.08.2016, 18.08.2016, 01.09.2016, 08.09.2016, 22.09.2016, 29.09.2016, 10.11.2016, 08.12.2016, 04.01.2017, 11.01.2017 Judgment On : 3rd February, 2017 Soumen Sen, J.:- This is an application for setting aside of an arbitral award dated 14th September, 2014 (corrected on October 29, 2014) for a sum of Rs.1,63,53,730.67/- filed by the State of West Bengal (hereinafter referred to as the petitioner).The dispute arose out of a work contract by which the respondent/company was entrusted to carry out improvement of a part of the Panagram-Moregram Road in West Bengal being the Dubrajpur- Mohammed Bazar section 0.00 Kmp...
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