Kolkata Court April 2017 Judgments
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Tcp Marketing and Research Private Limited Vs. Khurshid Alam
Court: Kolkata
Decided on: Apr-11-2017
OD-28 ACO No.184 of 2016 APO No.114 of 2017 CP No.216 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TCP MARKETING & RESEARCH PRIVATE LIMITED Versus KHURSHID ALAM BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 11th April, 2017. Appearance: Mr.Mainak Bose, Adv.Mr.Sounak Mitra, dv. Mr.Susanta Dutta, Adv.Mr.Abhik Sarkar, Adv.Mr.Bimalendu Das, Adv.The Court : The appellant insists that a Company Court in receipt of a creditors winding-up petition does not have the authority to impose any condition while relegating the claim to a suit. For such proposition, the appellant relies on two recent and, apparently, yet unreported judgments of the Supreme Court. The respondent applied, inter alia, under Sections 433, 434 and 439 of the Companies Act, 1956 for the company to be wound up on its failure or negligence to pay an undisputed debt. The respondent rendered services to the appellant by carrying out some constr...
Union of India Vs. M/S. Build Fab
Court: Kolkata
Decided on: Apr-10-2017
Form No.J(2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Aniruddha Bose AP231of 2007 Union of India Vs. M/s. Build Fab Advocates for the Petitioner: Mr. O.P. Dubey, Mr. J.S. Dhatt Advocates for the Respondent: Heard On: Mr. Bijon Majumdar, Mr. Prasanta Banerjee 29/04/2016, 17/03/17 Judgment On:10. h April, 2017 ANIRUDDHA BOSE, J.:1. The petitioner had engaged the respondent (claimant) for constructing a building for Regional Provident Commissioner at Kolkata. The agreement to that effect was executed on 21st August, 1994. It was initially agreed upon by and between the parties the starting date for execution of the work was to be 27th August, 1994, and the work was to be completed in twenty four months. The projected date of completion of the work, thus, was 26th August, 1996. The value of the contract was Rs.90,34,898/-(Rupees ninety lacs thirty four thousand eight hundred and ninety eight only). The date of completion o...
M/S.Aim Fincon Pvt. Ltd. Vs. Commissioner of Income Tax, Kolkataiii
Court: Kolkata
Decided on: Apr-10-2017
ORDER SHEET GA NO.698 OF2016ITAT NO.137 OF2016IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE M/S.AIM FINCo.PVT.LTD.Versus COMMISSIONER OF INCOME TAX, KOLKATA-III BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Date : 10th April, 2017. MR.SAUMAJIT DASGUPTA, MR.SANKARSAN SARKAR,ADVOCATES FOR APPELLANT The Court : This appeal under section 260A of the Income Tax Act, 1961 is at the stage of admission and no notice thereof has as yet been served upon the Revenue. This appeal originates from an order passed by the Commissioner of Income Tax, Kolkata-III passed under section 263 of the Income Tax Act, 1961 directing enquiry to be conducted in relation to raising of share capital at premium to the extent of Rs.21,00,000,00/- by the assessee-company. The assessment year involved is 2010-11, pertaining to the previous year 2009-10. At that point of time, the assessment was done in the name of Arihant 2 Tradecomm PVT.Ltd., which company m...
R. K. Associates and Hoteliers Private Limited Vs. The Union of India ...
Court: Kolkata
Decided on: Apr-07-2017
ORDER SHEET WP No.218 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE R.K.ASSOCIATES AND HOTELIERS PRIVATE LIMITED Versus THE UNION OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 7th April, 2017. Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Joy Saha, Adv.Mr.Manish Bishnoi, Adv.Mr.Meghajit Mukherjee, Adv.For the petitioner. Mr.Ashok Kumar Chakraborty, Sr.Adv.Mr.Swapan Banerjee, Adv.For the respondents. The Court :- The petitioner assails a show cause notice dated March 28, 2017 issued by the railway authorities. The petitioner had obtained leave in the morning to move an application in the present writ petition challenging the termination notice issued subsequent to the filing of the writ petition. Such leave was granted. The application is taken up for hearing as an unlisted application, along with the writ petition, by consent of the parties. Learned Senior Advocate appearing for the petitioner submits that, the petitioner enjoys ...
The State of West Bengal and Ors. Vs. Munmun Ghosal and Ors.
Court: Kolkata
Decided on: Apr-07-2017
GA No.2076 of 2016 GA No.2077 of 2016 APOT225of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE STATE OF WEST BENGAL & ORS.VERSUS MUNMUN GHOSAL & ORS.PRESENT: THE HONBLE JUSTICE RAKESH TIWARI AND THE HONBLE JUSTICE SHIVAKANT PRASAD Dated : 7th April,2017. Mr.Joytosh Majumdar,Advocate appears with Mr.Shamim Ul Bari,Advocate Mr.S.A.Areffin,Advocate appeaRs.The Court :- It appears from order dated 16th March, 2017 that learned Counsel for the parties had prayed for some more time to place before the Court the judgment rendered by the Apex Court on the same issue. In the aforesaid order the Court had directed learned Counsel for the parties to exchange the judgments to be relied upon by them amongst themselves by 23rd March, 2017. After hearing the parties at length, the matter was fixed 31st March, 2017 for further hearing. The Bench was not available on that date. Hence the matter has appeared today in the list. Since the matter was heard at length previ...
Sanat Choudhuri Vs. The Estate of Dr. Narayana Krishna Achari and Ors.
Court: Kolkata
Decided on: Apr-06-2017
ORDER SHEET GA No.1305 of 2015 With CS No.309 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SANAT CHOUDHURI VERSUS THE ESTATE OF DR. NARAYANA KRISHNA ACHARI & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th April, 2017. Appearance: Mr.Abhrajit Mitra Sr.Adv.Mr.Satadeep Bhattacharya, Adv.Ms.Anamika Pandey, Adv.Ms.Amrita Pandey, Adv.Ms.S.Sharma, Adv.Mr.K.R.Thakkar, Adv.Mr.Chayan Gupta, Adv.The Court: The defendant No.2 is the applicant. This is an application for rejection of the plaint on the ground that the suit is ex facie barred by laws of limitation and also barred by law. The plaintiff has filed a suit on 26th August, 2013 for a declaration that the Agreement for Sale dated 2nd February, 2008 executed between the plaintiff and the Late Dr. N.K.Achari is valid and subsisting. The plaintiff has also prayed for a decree for specific performance of the Agreement for Sale and other consequential reliefs. Shorn of details, the facts narrate...
Sheikh Abdus Sadek Vs. Sheikh Abdul Mukim
Court: Kolkata
Decided on: Apr-05-2017
IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction Original Side T.S. No.46 of 2016 In the Goods of : Nurun Nahar, Deceased And Sheikh Abdus Sadek Vs. Sheikh Abdul Mukim For the Plaintiff : Mr. S. Deb, Advocate Mr. Rabindra Nath Basak, Advocate Mr. Arik Banerjee, Advocate Ms. Keya De, Advocate For the Defendant : Mr. Arindam Mukherjee, Advocate Ms. Debjani Ray, Advocate Md. Zafirul Islam, Advocate Md. Shamim Halder, Advocate Hearing concluded on : March 28, 2017 Judgment on : April 5, 2017 DEBANGSU BASAK, J.In this testamentary suit, the plaintiff seeks probate of the last Will and testament of the deceased Nurun Nahar dated April 11, 2007. The plaintiff is the executor of the Will dated April 11, 2007. The Will is of a Mahomedan lady. The testatrix had died on March 10, 2008 at her residence. The grant of the probate is contested by one of the sons of the deceased. In the affidavit in support of the caveat the defendant has alleged that, the bequest is void under Ma...
Veekay General Industries and Anr. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Apr-05-2017
OD-3 APO No.92 of 2017 GA No.1115 of 2017 AP No.54 of 2017 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE VEEKAY GENERAL INDUSTRIES & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 5th April, 2017. Appearance: Mr.Moinak Bose, Adv.Mr.Ankur Jain, Adv.Ms.Sweta Gandhi, Adv.Ms.Aparna Banerjee, Adv.The Court : The appeal is directed against an order dated February 22, 2017 passed on a petition under Section 9 of the Arbitration and Conciliation Act, 1996. The merits of the matter and the nature of the disputes between the parties need not be recorded in any great detail lest it prejudices the parties in view of the order proposed to be made. What is undeniable at the moment is that there can be no arbitration in respect of the possible claims of the appellants or pertaining to the disputes that have arisen between the parties. Clause 2900 of the general conditions governing railway con...
Deeplok Financial Services Ltd. Vs. Commissioner of Income Taxii, Kolk ...
Court: Kolkata
Decided on: Apr-04-2017
ITA no.1 of 2017 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Deeplok Financial Services LTD.Versus Commissioner of Income Tax-II, Kolkata BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Date: 4th April, 2017. Mr.Sharma, Adv..for the Assessee. Mr.Lodhe, Adv..for the Revenue. Arindam Sinha, J.: The assessee being aggrieved by order dated 27th November, 2015 passed by the Income Tax Appellate Tribunal, Kolkata A Bench, Kolkata, in ITA no.1279/KOL/2010 pertaining to the assessment year 2006-07 has preferred this appeal. The substantial question of law suggested by the assessee is as follows:Whether on the facts and circumstances of the case the Tribunal erred in affirming the order of the AO disregarding the conversion of the trading shares into investment shares and treating the long term capital gain of Rs.22,27,819/- arising from the sale of those shares as profit of trading in shares and bringing the same to tax?. The assess...
Pro Minerals Private Limited and Anr. Vs. Reserve Bank of India and Or ...
Court: Kolkata
Decided on: Apr-04-2017
ORDER SHEET WP No.170 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRO MINERALS PRIVATE LIMITED & ANR. Versus RESERVE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 4th April, 2017. Mr.Jishnu Saha, Sr.Adv.Mr.Anirban Roy, Adv.Mr.Ishaan Saha, Adv.Ms.Soumali Basu,Adv.for the petitioner Mr.Deb Dutta Sen, Ms.Suchishmita Ghosh, Adversus for RBI Mr.Pratap Chatterjee, Sr.Adv.Mr.Suchayan Banerjee, Adv.Ms.Sharmistha Laha, Adv.Mr.Siddhartha Banerjee, Adv.for respondent Nos.2 and 3 The Court : The decision of the committee for identification of wilful defaulter is under challenge in the present writ petition. Learned senior advocate for the petitioner submits that, fiRs.petitioner had obtained credit facilities from various bankers including the concerned bank. The fiRs.petitioner having fallen into financial difficulties due to reasons external to the management of the company, the fiRs.petitioner was referred to the Joints Lenders Fo...
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