Kolkata Court June 2017 Judgments
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Rajkumar Dhanania and Ors. Vs. Pawan Properties
Court: Kolkata
Decided on: Jun-28-2017
OD-16 APO No.33 of 2013 In CS No.619 of 1985 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RAJKUMAR DHANANIA & ORS.Versus PAWAN PROPERTIES BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 28th June, 2017. Appearance: Mr.Pradip Kumar Ghosh, Sr.Adv.Mr.Pratap Chatterjee, Sr.Adv.Mr.Tapas Banerji, Adv.Mr.Partha Sarathi Sengupta, Sr.Mr.Sabyasachi Chowdhury, Ms.S.Ganguli, Mr.S.Roy, Adv.Adv.Adv.Adv.The Court : The appeal arises out of an order passed in execution proceedings pertaining to a consent decree. The suit was filed by the respondent developer for the specific performance of the contract for development. The property is in up-market Theatre Road. The suit of 1985 was compromised by terms of settlement being executed in the year 2003, in effect, varying and even extinguishing certain rights under the original development agreement of October 13, 1982. The appeal has been filed by the heirs of the fourth defen...
Sunil Kumar Sen Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jun-23-2017
ORDER SHEET W.P.No.1233 of 2013 G.A.No.1614 of 2014 G.A.No.1422 of 2016 G.A.No.200 of 2017 G.A.No.2741 of 2016 With W.P.No.843 of 2016 With W.P.No.28936(W) of 2013 CAN5024of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUNIL KUMAR SEN Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd June, 2017. For Petitioner : Mr.Surajit Nath Mitra, Sr.Adv.with Mr.Arindam Mukherjee, Ms.Sananda Mukhopadhyay & MRS.Arundhati Mukherjee, Adversus For KMC : Mr.Barin Banerjee with Mr.Swapan Kr. Debnath & MRS.Sima Chakraborty, Adversus For CESC : Mr.Saurav Choudhury, Adv.For PVT.Respondent Nos.13&14 : Mr.Emon Bhattacharya, Adv.Two recalcitrant tenants are putting spanner to the action required to be taken by the Kolkata Municipal Corporation in order to avoid any casualty or loss of life. The Corporation found the property in question to be in dangerous and ruinous condition and issued a notice under Section 411 of the Ko...
Nirmal Wires Pvt.Ltd. Vs. Mehra Electric Company and Ors.
Court: Kolkata
Decided on: Jun-22-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS45OF2011GA1216of 2011 NIRMAL WIRES PVT.LTD.Versus MEHRA ELECTRIC COMPANY & ORS.BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 22nd June, 2017. Mr.Anirban Roy, Advocate Mr.Anil Dhar, Advocate for plaintiff/petitioner G.A.No.1216 of 2011 The Court :- This application being G.A.1216 of 2011 has been filed by the plaintiff praying for a judgment and decree on admission for a sum of Rs.7,90,263/- and ad interim orders in terms of Prayer A. The petitioner filed a suit being C.s.No.45 of 2011. The suit essentially is a suit for money claim praying for a decree of Rs.12,00,060/- (as pleaded in paragraph 16 of the plaint) together with interim interest and interest upon judgment from 1st March 2011 @ 24% per annum and other consequential reliefs. The plaintiff has made out a case that :i) Defendant nos.2 and 3 are both partners of defendant no.1. ii) Plaintiff supplied G.I.wires to the defendants and on suc...
Sanjay Kumar Bajoria Vs. Lata Devi Bajoria and Ors.
Court: Kolkata
Decided on: Jun-21-2017
ORDER SHEET APO No.121 of 2011 GA No.525 of 2011 with CS No.19 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SANJAY KUMAR BAJORIA Versus LATA DEVI BAJORIA & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 21st June, 2017. Mr.Jishnu Saha, Sr.Adv.Mr.Ravi Kapoor, Adv.Mr.A.Mukherjee, Adv.Mr.Ayan De, Adv.for the appellant Mr.Ratnanko Banerjee, Sr.Adv.for respondent Nos.1 to 9 Mr.Sakya Sen, Ms.DebaRs.Mallik, Adv.for respondent No.10 The Court : Since the appeal arises out of a decree but the appeal has been numbered as APO, a rectification of records is required to be effected by the Registry. As such, let the files be sent to the appropriate department for re-registration/re-numbering. The appeal and all connected proceedings shall, once reregistered/re-numbered, appear in the monthly list of July, 2017 under an appropriate heading. (BISWANATH SOMADDER, J.) TR/ (SANKAR ACHARYYA, J.) OD-1 APO No.121 of 2011 CS N...
Repose Properties Pvt. Ltd. Vs. Ms. Arati Ghosh and Ors.
Court: Kolkata
Decided on: Jun-21-2017
OD-18 GA No.1736 of 2017 in APO No.217 of 2015 in CS No.348 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE REPOSE PROPERTIES PVT.LTD.Versus Ms.ARATI GHOSH & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 21st June, 2017. Appearance: Ms.Lopita Banerjee, Adv.Mr.David Mantosh, Adv.Mr.A.C.Kar, Adv.Mr.P.C.Pal Chowdhury, Adv.Mr.D.N.Mukherjee, Adv.The Court : In view of the good grounds shown, for the appellant not being represented on April 17, 2017, the order dismissing the appeal on such date is recalled and the appeal is readmitted. The order under appeal arises in a suit for specific performance and the Interlocutory Court has imposed a condition on the appellant plaintiff to deposit a sum of Rs.1 crore to enjoy the usual order of an injunction restraining the defendants from dealing with the property or creating any third party rights in respect thereof during the pendency of the suit. It is the submissi...
Shanti Kumar Surana Vs. Pankaj Shah
Court: Kolkata
Decided on: Jun-21-2017
ORDER SHEET CS53of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE S.K.SURANA (HUF) REP. BY ITS KARTA SHANTI KUMAR SURANA Versus PANKAJ SHAH BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 21st June, 2017. Appearance: Mr.Satadeep Bhattacharya, Adv.Mr.Jai Kumar Surana, Adv.Mr.Suvaraj Shaw, Adv.Mr.D.Surana, Adv.For the plaintiff The Court : This suit is for a decree for a sum of Rs.16,80,500/- (Rupees Sixteen Lakh Eighty Thousand Five Hundred) only, inclusive of interest @ 15% per annum from the defendant. Summons were issued and served upon the defendant but no one appeared and, ultimately, the suit was fixed for hearing as an undefended suit. Fact pleaded in the plaint may be summarized as follows : The plaintiff deals in investment in security commodity and finance trade. The defendant represented to the plaintiff that he is engaged in a business and needed money and for such purpose he approached the plaintiff for a one-time accommodation lo...
Prabhu Poly Color Ltd Vs. Reena Organics Pvt.Ltd.
Court: Kolkata
Decided on: Jun-20-2017
OD-7 APO No.306 of 2017 ACO No.65 of 2017 ACO No.66 of 2017 In CP No.288 of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PRABHU POLY COLOR LTD Versus REENA ORGANICS PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 20th June, 2017. Appearance: Mr.Tilok Bose, Sr.Adv.Mr.Raj Ratna Sen, Adv.Mr.A.P. Gomes, Adv.Ms.A.Jain, Adv.Mr.Ratnanko Banerji, Sr.Adv.Mr.A.Sinha, Adv.Mr.S.Mitra, Adv.The Court : Despite the initial sound and fury, there appears to be no defence to the claim after all. The appellant questions the propriety of an order by which a creditors winding-up petition has been admitted. The claim was on account of two sets of high-seas sales and some local transactions. Upon the statutory notice being issued by the petitioning creditor on January 12, 2016, the appellant responded on February 15, 2016, alleging that one Manish Khanna, who was previously a director of the appellant company, was responsible f...
Shri Bipad Bhanjan Sarkar Vs. Commissioner of Customs (Prev.) Kolkata ...
Court: Kolkata
Decided on: Jun-19-2017
ORDER SHEET WP No.587 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHRI BIPAD BHANJAN SARKAR Versus COMMISSIONER OF CUSTOMS (PREV.) KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 19th June, 2017. Appearance: Mr.Arijit Chakraborti, Adv.Mr.Nilotpal Chowdhury, Adv.For the petitioner. Mr.Uday Sankar Bhattacharjee, Adv.Mr.Bhaskar Prasad Banerjee, Adv.For the respondents. The Court : The petitioner claims return of 73.35 kgs/quintals of sugar or the value in respect thereof and the interest for the period when a bank guarantee furnished by the petitioner stood wrongly invoked and later refunded. Learned Advocate for the petitioner submits that, the Border Security Force (BSF) had initially seized 1000 kgs/quintals of the sugar belonging to the petitioner. The BSF thereafter had made over the entire seized sugar to the CustoMs.The Customs had initiated confiscation proceedings against the petitioner. He refers to the seized memo of the ...
Pulsar Rubber Manufacturing Co. Pvt. Ltd. and Anr. Vs. Commissioner of ...
Court: Kolkata
Decided on: Jun-16-2017
ORDER SHEET WP No.395 of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PULSAR RUBBER MANUFACTURING Co.PVT.LTD.& ANR. Versus COMMISSIONER OF INCOME TAX, KOL-3, KOL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 16th June, 2017. Mr.J.P.Khaitan, Sr.Adv.Mr.S.Bhowmik, Adv.Mr.Sanjoy Kr. Baid, Adv.for the petitioner Mr.Debasish Chaudhuri, Adv.for the respondent The Court : Four orders under Section 264 of the Income Tax Act, 1961 for the assessment years 2004-05 to 2007-08 are under challenge in the present writ petition. Learned senior advocate for the petitioner submits that, his client had purchased certain plants and machineries. His client had included the CENVAT Credit in respect of such purchase as income in its profit and loss account. It had proceeded to offer tax on income on such basis for the fiRs.assessment year. In the subsequent yeaRs.it had proceeded to claim depreciation on the basis of the cost of plant and machinery inclusive of ...
Kishori Mohan Das Vs. Swapan Kumar Das and Ors.
Court: Kolkata
Decided on: Jun-16-2017
ORDER SHEET GA26112016 CS27271950 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KISHORI MOHAN DAS Versus SWAPAN KUMAR DAS & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 16th June, 2017. Appearance : Mr.A.K.Boral, Adv., for the plaintiff/petitioner. Mr.Indranil Nandi, Adv., for the Official Receiver. The Court : This is an application for modification of the order dated 30th June, 2016 passed by me by which the Official Receiver was directed to convene a fresh meeting of the shebaits to take a decision whether the rent of the existing tenants can be enhanced. The Official Receiver was also permitted to take steps to enhance the rent if the private respondent failed in taking recouRs.to provisions of the West Bengal Premises Tenancy Act, 1997. the The present application for modification is filed by the plaintiff/petitioner for variation and/or modification of the order dated 13th June, 2016 in terms of paragraph 4 of the petition which is repro...
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