Kolkata Court June 2017 Judgments
Asansol Durgapur Development Authority Vs. The official Liquidator, Hi ...
Court: Kolkata
Decided on: Jun-30-2017
1 OD7CA33of 2013 WITH BIFR510of 1992 CA488of 2011 CA514of 2013 CA515of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF : ASANSOL DURGAPUR DEVELOPMENT AUTHORITY VERSUS THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND IN THE MATTER OF : MINING & ALLIED MACHINERY CORPORATION LTD.(IN LIQUIDATION) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 30th June, 2017. For A.D.D.A : Mr.B.K.Chatterjee, Sr.Advocate appears Mr.Raja Basu Chowdhury,Advocate appears Mr.Sayantan Bose,Advocate appears Mr.Joy Saha,Sr.Advocate appeaRs.Mr.Shamit Sanyal,Advocate For Official Liquidator : Mr.Aninda Bhattacharya,Advocate Mr.Amiya Kumar Sur,Advocate appeaRs.Md.Hafiz Ali,Advocate appeaRs.Mr.S.Pal,Advocate appeaRs.The Court :- These matters have remained pending for a long time and were assigned to this Bench, released and taken up again at the behest of the parties. The short question that arises is whether certain fixed deposit receipts, Kishan Vikash Patra certificates and cash depo...
Tag this Judgment!Mousumi Bose (Pal) Vs. Sonali Pal and Anr
Court: Kolkata
Decided on: Jun-30-2017
ORDER SHEET TS42of 2016 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF : SUBRATA PAL (DEC) -AND- MOUSUMI BOSE (PAL) -VSSONALI PAL & ANR RE: P.L.A.No.124 of 2012 BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 30th June, 2017. Appearance: Mr.Samarjit Ghosh, Adv.Mr.Soumyajit Ghosh, Adv.The Court : This P.L.A.No.124 of 2012 has been filed by Mousumi Bose (Pal) alias Moushami Pal, praying for grant of probate of the last Will and testament dated 7th July, 2009 of the testator Subrata Pal, since deceased. The original Will has been produced before this Court and marked as Exhibit A. A probate application together with affidavit of assets affirmed by Mousumi Bose (Pal) alias Moushami Pal on 4th May, 2012, affidavit of attesting witness affirmed by Amit Paul on 4th May, 2012 and affidavit affirmed by Smt. Ruby Pal on 4th May, 2012, was filed before this Court. Citations were issued and served on the heirs-in-intestacy, namely, Sonali Pal...
Tag this Judgment!Limited Vs. Corporation Bank and Anr.
Court: Kolkata
Decided on: Jun-29-2017
GA No.1986 of 2017 CS No.139 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MEKA DREDGING COMPANY PRIVATE LIMITED -VersusCORPORATION BANK & ANR. Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Shaunak Mitra, Adv.Mr.Vivek Jhunjhunwala, Adv.Mr.Pratik Shanu, Adv.Mr.Tirdib Bose, Adv...for the petitioner. Mr.Abhrajit Mitra, Sr.Adv.Mr.A.K.Jena, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th June, 2017. Without going into the aspect as to whether there is any inaccurate submission made on 19th June, 2017 or it was a complete misreading of the pleading on the part of the Court in passing an ad interim order in favour of the plaintiff, the Court invited the parties to argue on merits as the interim order is operative till this date. The court looks at the matter afresh and invited the parties to make submissions in support of their respective cases. Being totally uninfluenced by the observations made in the earlier order, the m...
Tag this Judgment!Dr. Pradip Kumar Ray Chaudhuri Vs. The Kolkata Municipal Corporation a ...
Court: Kolkata
Decided on: Jun-29-2017
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP1050of 2012 Dr. Pradip Kumar Ray Chaudhuri -Vs.The Kolkata Municipal Corporation & ORS.Before : The Honble Justice Arijit Banerjee For the petitioner : Mr.Arif Ali, Adv.Mr.Sayantak Das, Adv.For the KMC : Mr.Alok Kr. Ghosh, Adv.Mr.Swapan Kr. Debnath, Adv.Heard On 03.01.2017 : 30.08.2016, 24.01.2017, 02.03.2017 28.09.2016, 07.11.2016, 08.02.2017, 21.02.2017, 06.03.2017, 15.03.2017, 23.03.2017 CAV On : 30.03.2017 Judgment On : 29.06.2017 Arijit Banerjee, J.:(1) In this writ application the petitioner prays that the respondents be directed to give him promotion on the basis of his seniority as calculated on and from 4 July, 1984 and also all consequential and other service benefits. Contention of the petitioner:(2) Learned Counsel for the petitioner submitted that the petitioner was appointed as a Medical Officer of the respondent Corporation (in short KMC) on 4 July, 1984 in terms of sanction of the administrat...
Tag this Judgment!Commissioner of Income Tax, Durgapur Vs. Shib Sankar Das
Court: Kolkata
Decided on: Jun-29-2017
Judgment G.A no.1689 of 2016 ITAT no.215 of 2016 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Commissioner of Income Tax, Durgapur Versus Shib Sankar Das BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Mr.Dutta, Adv..for the Revenue. Mr.Majumdar, Adv..for the Assessee. Heard on :05.05.2017,08.06.2017 and 13.06.2017. Judgment on : 29th June, 2017. Arindam Sinha, J.: The Revenue seeks to prefer appeal against order dated 2nd December, 2015 passed by the Income Tax Appellate Tribunal, Bench B Kolkata, in ITA no.1436/KOL/2011 pertaining to the assessment year 2008-09. The facts are that the assessee is an individual. He carries on business as wholesaler of grocery items under a trade name. The Revenue had discovered four invoices and delivery notes upon carrying out a survey of the business premises of the assessee. The aggregate value of the goods as per the said invoices amounted to Rs.4,66,300/-. The said aggregate value was a...
Tag this Judgment!Angelo Brothers Ltd. Vs. Hungerford Investment Trust Ltd.
Court: Kolkata
Decided on: Jun-29-2017
ORDER SHEET CA No.26 of 2016 With CP No.90 of 1983 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE ANGELO BROTHERS LTD.(IN LIQN.) -ANDANGELO BROTHERS LTD.VERSUS HUNGERFORD INVESTMENT TRUST LTD.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date: 29th June, 2017 Appearance Mr.Deepak Khosla, Adv.Mr.Joydip Kar, Sr.Adv.with Mr.Nirmalya Dasgupta, Adv.Mr.S.Nigam, Adv.Mr.R.Sengupta, Adv.The Court:-Today when the matter is called on, I find there is no representation from Jessop & Co.or Sr.Pradip Kumar Singhania. Mr.Kar, learned Senior Advocate, appears on behalf of the Bennett Coleman & Co.LTD.(BCCL) and apprises this Court that shares of Angelo Rhodes LTD.have been transferred by his client in the year 1994. He could not indicate the exact date on which such transfer has taken place. He has also apprised this Court that approval of Reserve Bank of India for such transfer was obtained but he does not have instruction at this moment as to who had signed the share transfer form or...
Tag this Judgment!Although in G.Gopal Vs. C. Vaskarreported at 2008 Vol 10
Court: Kolkata
Decided on: Jun-28-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN GA888of 2017 PLA123of 2016 In the Goods of : Shrutika Doshi (Dec) For the Petitioner For the Respondent : Mr.Ratnanko Banerjee, Sr.Adv.Mr.Nirmalya Dasgupta, Adv.Mr.Urmila Chakraborty, Adv.: Mr.Surajit Nath Mitra, Sr.Adv.Mr.D.N.Sharma, Adv.Mr.Subrata Das, Adv.Mr.Asim Chattopadhyay, Adv.Mr.Dipak Jain, Adv.Hearing concluded on : 22.06.2017 Date of Judgment : 28.06.2017 Soumen Sen, J.:- In this application for discharge of caveat the question arises whether the son-in-law of the uncle of the testatrix would have a caveatable interest. Shorn of details, Shrutika Doshi, the testatrix appears to have made and published two Wills during her lifetime. The fiRs.Will was made and published on 1st March, 2013 and was registered on 22nd May, 2013. In between, the testatrix appears to have made and published another Will on 22nd April, 2013 by which she revoked all earlier Wills. In...
Tag this Judgment!Braithwaite Burn and Jessop Construction Co. Ltd. Vs. Indo Wagon Engin ...
Court: Kolkata
Decided on: Jun-28-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN E.C.No.1 of 2017 Braithwaite Burn & Jessop Construction Co.LTD.Versus Indo Wagon Engineering LTD.For the Petitioner : Mr.Mr.Mr.Mr.S.N.Mukherjee, Sr.Adv., Ratnanko Banerjee, Sr.Adv., Subhankar Nag, Adv., Ashit De, Adv.For the Respondent : Mr.Anirban Roy, Adv., Mr.Chayan Gupta, Adv., Ms.Farnaz Nasim, Adv.Hearing concluded on : 13.06.2017 Judgment On : 28.06.2017 Soumen Sen, J.: The petitioner has filed an application for execution of an award dated 11th September, 2015. In column 4 of the tabular statement the petitioner has disclosed that the judgment debtor has filed an application for setting aside of the award under Section 34 of the Arbitration and Conciliation Act, 1996. The judgment debtor appears and resists the execution of the award on the ground that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending. The judgment debtor c...
Tag this Judgment!Hindustan Unilever Limited Vs. Rajshree Enterprises Pvt. Ltd.
Court: Kolkata
Decided on: Jun-28-2017
OD-28 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA1946of 2017 CS131of 2017 HINDUSTAN UNILEVER LIMITED Versus RAJSHREE ENTERPRISES PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 28th June, 2017. Appearance: Mr.Siddhartha Mitra, Sr.Adv.Mr.Arunabha Deb, Adv.Mr.Domingo Gomes, Adv...for the plaintiff. The Court: The Petitioner has acquired recognition and reputation in manufacturing, marketing and sale of the various consumer products including cosmetics, toiletries, toilet soaps, washing soaps and detergent in the Fast Moving Consumer Goods Sector in the country. The Petitioners product has acquired household name in such sector and are widely sold and distributed through out the country including the remote villages in the distinct corners of the country. The disinfectant soap is marketed under the brand name Lifebuoy and have been proven in the laboratories to provide cent percent effective germ protection than any other ordinary s...
Tag this Judgment!Gopi Das Mimani and Ors. Vs. Smt. Monika Daw and Ors.
Court: Kolkata
Decided on: Jun-28-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN GA698of 2017 With CS244of 2016 GOPI DAS MIMANI & ORS.Versus SMT. MONIKA DAW & ORS.For the Petitioner : Mr.Surajit Nath Mitra, Sr.Adv.Mr.Sankarsan Sarkar, Adv.Mr.Aditya Kanadia, Adv.For the Respondent : Mr.Shyam Sarkar, Adv.Mr.Arindam Mukherjee, Adv.Mr.Chyan Gupta, Adv.Mr.M.M.Chadra, Adv.Mr.S.Roy, Adv.Hearing concluded on : 22.06.2017. Date of Judgment : 28.06.2017 Soumen Sen, J.:- The defendant no.8 has filed an application for rejection of the plaint on the ground that the suit is barred by limitation. The plaintiff has filed a suit on 19th September, 2016 praying, inter alia, for the following reliefs: a) A decree for declaration that the decree dated 28th July, 2004 passed in CS No.406 of 1998 (Vandana Real Estates PVT.LTD.& Ors., -versus Smt. Monika Daw & Ors.) is null and void and nonest; b) The decree dated 28th July, 2004 passed in CS No.406 of 1998 be set aside...
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