Kolkata Court June 2017 Judgments
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Hindustan Unilever Limited Vs. Guddu
Court: Kolkata
Decided on: Jun-14-2017
GA No.1901 of 2017 CS No.130 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HINDUSTAN UNILEVER LIMITED -VersusGUDDU Appearance: Mr.Siddhartha Mitra, Sr.Adv.Mr.Arunabha Deb, Adv.Mr.Domingo Gomes, Adv...for the plaintiff. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th June, 2017. The Court : The Petitioner has acquired recognition and good 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 laboratories to name Lifebuoy provide cent and percent have been effective proven germ in the protection than any other ordinary soaps. The disinfectant s...
Abc Dubash Mining and Anr. Vs. The Income Tax Settlement Commission an ...
Court: Kolkata
Decided on: Jun-14-2017
W.P.No.126 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side ABC Dubash Mining & Anr. versus The Income Tax Settlement Commission & ORS.For the Petitioners : Mr.Samaraditya Pal, Sr.Advocate MRS.Manju Manot, Advocate Mr.Bajrang Manot, Advocate Mr.Deepan Kr. Sarkar, Advocate Mr.Ram Chandra Agarwal, Advocate For the Income Tax Department : Md.Nizamuddin, Advocate Mr.Soumitra Mukherjee, Advocate Hearing concluded on : May 18, 2017 Judgment on : June 14, 2017 DEBANGSU BASAK, J.:- The petitioners have assailed an order of the Settlement Commission dated January 24, 2017. Learned Senior Advocate for the petitioners has submitted that, the Settlement Commission did not adhere to the scheme laid down under Chapter XIXA of the Income Tax Act, 1961 in dealing with and disposing of the application for settlement made by the assessee. He has submitted that, an assessee is entitled to approach the Settlement Commission only once. The purpose of a settlement is to e...
Arun Kumar Saha and Anr. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Jun-14-2017
ORDER SHEET WP No.668 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ARUN KUMAR SAHA & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 14th June, 2017. Appearance: Mr.R.K.Chowdhury, Adv.Mr.Protyush Chatterjee, Adv.For the petitioneRs.Mr.Somnath Ganguli, Adv.For the respondents. Mr.Shiv Chandra Prasad, Adv.For the Union of India. The Court :- Three orders passed by the authorities are under challenge in the present writ petition. The fiRs.order is by the Appellate Authority dated March 28, 2007 by which the Appellate Authority had found the appeal to be barred by laws of limitation. The second order is the order under challenge is dated June 11, 2008 passed by the Customs Excise & Service Tax Appellate Tribunal ( CESTAT).The third order is the order dated June 12, 2009 passed by the CESTAT on an application for modification of its order dated June 11, 2008. Learned Advocate for the petitioner submits that, the orde...
W. Newman and Company Limited Vs. 1. Apollo Zipper India Limited
Court: Kolkata
Decided on: Jun-13-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Original Side Present : THE HONBLE Mr.JUSTICE BISWANATH SOMADDER AND THE HONBLE Mr.JUSTICE SANKAR ACHARYYA APD No.510 of 2015 with CS No.201/2012 W. Newman & Company Limited versus 1. Apollo Zipper India Limited 2. Bharat Hotels Limited For the appellant:- Mr.Pratap Chatterjee, Senior Advocate Mr.Tilok Bose, Senior Advocate Mr.Raj Ratna Sen, Advocate Mr.A.P.Gomes, Advocate Ms.Akriti Jain, Advocate Ms.Debolina Dey, Advocate For respondent No.1:- Mr.S.K.Kapoor, Senior Advocate Mr.Utpal Bose, Senior Advocate Ms.Hashnuhana Chakraborty, Advocate Ms.Neelina Chatterjee, Advocate Ms.Soumali Basu, Advocate Heard on : 13.02.2017, 06.03.2017, 28.03.2017, 20.04.2017, 08.05.2017 Judgment on : 13.06.2017 21.02.2017, 09.03.2017, 30.03.2017, 25.04.2017, 28.02.2017, 23.03.2017, 11.04.2017, 27.04.2017, The Court:- On 06.06.2012 the plaintiff/respondent No.1 as owner of suit premises filed a civil suit, being C.S.201 of 2012, for eviction of the ...
Rajesh Kumar Jaiswal Vs. Commissioner of Customs (Preventive) and Ors.
Court: Kolkata
Decided on: Jun-13-2017
OD-6 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP955of 2016 RAJESH KUMAR JAISWAL Versus COMMISSIONER OF CUSTOMS (PREVENTIVE) & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 13th June, 2017. Appearance: Mr.A.Chakraborti, Adv.Mr.A.K. Bhattacharya, Adv.Mr.N.Chowdhury, Adv. for the petitioner Mr.A.Ray, Adv.Mr.B.P. Banerjee, Adv. for the respondents. The Court : The Court: The petitioner seeks delivery of 5058.9 kgs of nickel-silver scrap from the authorities. The learned Advocate for the petitioner submits that the authorities had seized three consignments of nickel-silver scrap belonging to the petitioner. A proceeding for confiscation was initiated which traveled upto the Supreme Court of India. At all stages the proceedings were decided in favour of the petitioneRs.The confiscation was held to be bad. The authorities were directed to return the seized materials. He submits that, at the time of seizure, 298 lumps of the materials wer...
Commercial Properties and Merchandise Ltd. Vs. Pallab Roy
Court: Kolkata
Decided on: Jun-07-2017
ORDER SHEET GA1686of 2017 With CS259of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE COMMERCIAL PROPERTIES & MERCHANDISE LTD.Versus PALLAB ROY BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 7th June, 2017. Appearance: Mr.Uday Chandra Jha, Adv.Ms.Maheswari Sharma, Adv.For Opp. Party The Court: None appears for the petitioner plaintiff. This GA No.1686 of 2017 at the instance of the plaintiff with a prayer for appointment of Handwriting Expert for submission of opinion as to the identity of handwriting appearing in Exhibit C upon comparison of such handwriting and the handwriting appearing in Exhibit Y and Y/1 and other sample handwriting of Prasanta Kumar Roy, the father of the defendant, was heard at length and is listed today for passing necessary orders on the said application. The suit is one with a prayer for specific performance in terms of the draft deed of lease being Annexure B in the plaint. The said draft deed of agreement has als...
Shyamal Kumar Sen Vs. Sanjukta Mukherjee
Court: Kolkata
Decided on: Jun-06-2017
IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE P.L.A83OF2005In the Goods of: Paramesh Chandra Sen (Deceased) AND Shyamal Kumar Sen -VsSanjukta Mukherjee Present: Honble Mr.Justice Harish Tandon Malay Kumar Ghosh, Sr.Adv., Rajarshi Dutta, Vikas Vaisya, Tapas Sil For the Plaintiff. Ranjit Kr. Basu, Debmalya Ghosh For Debjani Sen/Defendant. Arindam Mukherjee Mr.B.Boral, Mr.Anirban Guin For Sanjukta Mukherjee / Defendant. Judgment On: 06/06/2017 The Court: This is an application for probate filed by the executor to the will and testament dated 4th February, 1997 purportedly executed by Paramesh Chandra Sen, who died on 23rd September, 1985. Admittedly, the executor is residing in United Kingdom and filed the said application for probate in 2005. The facts stated in the said application are that the said Paramesh Sen, since deceased was a Hindu governed by Daybhanga school of Hindu Law and was a permanent resident of premises No.29, Ballygung Place, K...
Efcalon Tie Up Private Limited Vs. Startrack Agency Private Limited
Court: Kolkata
Decided on: Jun-05-2017
ORDER SHEET GA No.1572 of 2017 With RVWO No.24 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EFCALON TIE UP PRIVATE LIMITED Versus STARTRACK AGENCY PRIVATE LIMITED BEFORE: The Honble JUSTICE SOUMEN SEN Date : 5th June, 2017. Appearance: Mr.Abhrajit Mitra, Adv.Mr.Sukrit Mukherjee, Adv.Mr.Amritam Mondal, Adv.for the petitioner. Mr.Sabyasachi Chowdhury, Adv.Mr.Anirban Kar, Adv.Ms.Anindita Ghosh, Adv.Mr.Rajesh Upadhyay, Adv.for the respondent. The Court : This is an application for review of an order dated 2nd August, 2016. There cannot be any doubt that this application is a clear after thought in order to scuttle the arbitration proceeding that has been commenced pursuant to the order dated 2nd August, 2016. An argument is advanced on behalf of the petitioner that the learned counsel representing the petitioner without any authority has conceded to the appointment of an Arbitrator and the said order cannot bind the petitioner. Mr.Abhrajit Mitra,...
Deep Chand Bansal Vs. M/S. J.S. Chandhok (Developers) Pvt. Ltd. and An ...
Court: Kolkata
Decided on: Jun-05-2017
ORDER SHEET GA No.1728 of 2017 with APO No.71 of 2016 EC No.314 of 2012 GA No.1075 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DEEP CHAND BANSAL Versus M/S.J.S.CHANDHOK (DEVELOPERs.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 5th June, 2017. Ms.Noelle Banerjee, Mr.Dipanjan Dey, Adversus for the appellant Ms.Somali Mukhopadhyay, Adv.for the respondents 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 matters shall, once re-registered/re-numbered appear in the list one week hence under the same heading. (BISWANATH SOMADDER, J.) (SANKAR ACHARYYA, J.) TR/ APO71of 2016 GA3639of 2015 IN EC314of 2012 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION DEEP CHAND BANSAL VERSUS M/S ...
Manufacturing Company Vs. M/S. J.S. Chandhok (Developers) Pvt. Ltd. an ...
Court: Kolkata
Decided on: Jun-05-2017
ORDER SHEET GA No.1745 of 2017 with APO No.73 of 2016 EC No.314 of 2012 CS No.118 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.THE JANTA CARD BOARD BOX MANUFACTURING COMPANY Versus M/S.J.S.CHANDHOK (DEVELOPERs.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 5th June, 2017. Mr.Brotindro Mullick, Adv.for the appellant Ms.Somali Mukhopadhyay, Adv.for the respondents 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 matters shall, once re-registered/re-numbered appear in the list one week hence under the same heading. (BISWANATH SOMADDER, J.) TR/ (SANKAR ACHARYYA, J.) APO73of 2016 GA3599of 2015 IN CS118of 2010 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION M/S THE JANTA CAR...
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