Kolkata Court July 2017 Judgments
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West Bengal Power Development Corporation Ltd. Vs. Dongfang Electric C ...
Court: Kolkata
Decided on: Jul-17-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side G.A.No.3750 of 2015 A.P.No.1709 of 2015 West Bengal Power Development Corporation LTD.versus Dongfang Electric Corporation For the Petitioner: - Mr.Mr.Mr.Mr.Mr.Anindya Kumar Mitra..Sr.Adv Anirban Ray Sarvapriya Mukherjee Ravitej Chilumuri Sandip Das Gupta Advocates For the Respondent:- Mr.S.N.Mookherjee..Sr.Adv.Mr.Tilak Bose...Sr.Adv.Mr.Shaunak Mitra Ms.Prapa Ganguly Mr.Sulabh Rewari Mr.S.R.Chakraborty Mr.Shantanu Tyagi Advocates Judgement On: - 17th July, 2017 I.P.MUKERJI, J. On 27th May, 2011 the arbitral proceedings between the parties commenced. On 24th August, 2015 the award was made and published by an arbitral tribunal. On 23rd October, 2015 the Arbitration and Conciliation (Amendment) Act, 2015 came into force. On 1st December, 2015 the present application (A.P.1709 of 2015) was made by the West Bengal Power Development Corporation, to set aside an award for a substantial sum of money that had been...
Employees State Insurance Corporation and Ors. Vs. Kesoram Industries ...
Court: Kolkata
Decided on: Jul-14-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr. Rakesh Tiwari The Honble Mr. Justice Mir Dara Sheko APO465of 2015 APO466of 2015 GA No.3454 of 2015 GA No.3458 of 2015 With WP1657of 2003 WP1992of 1995 Employees State Insurance Corporation & Ors. Vs. Kesoram Industries Limited & Anr. For the Appellants : Mr. S.C. Moitra, Adv. Ms. K. Bhattacharyya, Adv. Mr. A. Moitra, Adv. For the Respondents : Mr. Siddhartha Mitra, Sr. Adv. Mr. D. Gomes, Adv. Ms. R. Mishra, Adv. Ms. R. S. Mitra, Adv. Heard On :10. 02.2017,25.01.2017,24.01.2017 Judgment on :14. h July, 2017. Mir Dara Sheko, J.:1. The appeals being A.P.O. 465 of 2015 and A.P.O. 466 of 2015 have been preferred by the appellants Employees State Insurance Corporation (hereinafter called as ESI Corporation) who were respondents in the writ preferred by Kesoram Industries Limited against the Employees State Insurance Corporation and two others. The appellants are aggrieved by the composite judgmen...
Lubricating Oil Dealers’ Association and Another Vs. Union of India ...
Court: Kolkata
Decided on: Jul-14-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE P R E S E N T:- The Honble Justice Tapash Mookherjee W. P. No.2116 of 2000 Lubricating Oil Dealers Association and Another Versus Union of India and Others For the Petitioners :- Mr. Aniruddha Chatterjee, Advocate, Mr. R. Karmakar, Advocate, Ms. Anindita Mukherjee, Advocate, For the State :- Mr. Amitesh Banerjee, Sr. Standing Counsel, Mr. Supratim Dhar, Advocate. Delivered on:14. 07.2017 Tapash Mookherjee, J: The Court:- 1. The Legal validity of the West Bengal Lubricating Oil Licensing Order, 1967, (in short, Licensing Order, 1967) and a notification being No.2864FS, dated 3rd August, 2000 are in challenge in this Writ Petition.2. Petitioner No.1 is the Lubricating Oil Dealers Association, a society registered under the West Bengal Society Registration Act, 1961 and the Petitioner No.2 is the Vice-precedent of the Association.3. The Petitioners say that the Essential Commodities Act, 1955 (in short, E. C. Act...
Arrow Vinimay Pvt Ltd and Anr. Vs. The Kolkata Municipal Corporation a ...
Court: Kolkata
Decided on: Jul-14-2017
ORDER SHEET WP252of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ARROW VINIMAY PVT LTD & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 14th July, 2017. Appearance: Mr.Anirban Ray, Adv.Ms.Piyali Sengupta, Adv.Mr.Arnab Basu Mullick, Adv.for the petitioneRs.Mr.Biswajit Mukherjee, Adv.Mr.Debangshu Mondal, Adv.for the KMC. The challenging Municipal Court the : order Commissioner The dated present 25th revising writ April, the petition 2016 annual is filed passed by the valuation of the petitioners premises in exercise of power conferred under Section 192 of the Kolkata Municipal Corporation Act, 1980. It is not in dispute that the process for determination of the annual valuation at periodical interval was initiated at the behest of the assessing officer and the annual valuation so fixed was accepted by the petitioneRs.Subsequently, the Municipal Commissioner issued a notice under Section 192(2) of t...
M/S Bhuwalka Trading and Tea Co. (P) Ltd. and Ors. Vs. The State of We ...
Court: Kolkata
Decided on: Jul-13-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P. No.1398 of 2008 P R E S E N T:- The Honble Mr. Justice Tapash Mookherjee M/s Bhuwalka Trading & Tea Co. (P) Ltd. & Ors. Versus The State of West Bengal & Anr. For the Petitioners:- Mr. Shakti Nath Mukherejee, Sr. Advocate Mr. Amiya Naryan Mukherjee, Advocate, Ms. Noelle Banerjee, Advocate, Mr. Dipak Dey, Advocate, For the State. Mr. Abhrotosh Majumder, Addl. Advocate General, Mr. Supratik Dhar. Advocate. Delivered on:. 13.07.2017 Tapash Mookherjee, J: The Court :- 1. Proceedings and vesting orders passed by the Competent Authority, Calcutta, under The Urban Land (Ceiling and Regulation) Act, 1976 (in short, ULC Act.) in UL Case No.(i) 6(1)/13 Vol. 16 of 1976, (ii) 6(1)/66. Vol. 4 of 1976; (iii) 6 (1)/13, Vol. 16 of 1976; (iv) 6(1)/14, Vol. 5 of 1976; (v) 6 (1) 65, Vol- 4 of 1976, are in challenge in the present Writ Petition.2. Two properties are involved in the aforesaid vesting proceedings under the pro...
Smt. Sumana Bandyopadhyay and Anr. Vs. The Deputy Director of Income T ...
Court: Kolkata
Decided on: Jul-13-2017
Form No.J(2) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE GA3745of 2016 With ITAT374of 2016 SMT. SUMANA BANDYOPADHYAY & ANR. Versus THE DEPUTY DIRECTOR OF INCOME TAX, (INTERNATIONAL TAXATION) 3(1) BEFORE: THE HONBLE JUSTICE ANIRUDDHA BOSE THE HONBLE JUSTICE ARINDAM SINHA Date : 13th July, 2017. For Appellants: Mr.J.P.Khaitan, Senior Advocate, Mr.R.S.Padjekar, Mr.R.K.Biswas, Mr.P.K. JhunJhunwalla, Mr.S.Rudra For Respondent: Mr.Debashis Chowdhury, Advocate ANIRUDDHA BOSE, J.:1. The appellants are legal heirs of the original assessee, who passed away intestate on 10th April 2013. The assessee was a marine engineer and the subject of dispute of this appeal is taxability of a substantial portion of his income earned during the previous year relevant to the assessment year 2010-11. The total sum involved is Rs.14,79,598/-, and this was earned by the appellant as salary from two concerns, Great Offshore Limited and Bibby Ship Management (Singapore) Pte. LTD.Th...
Philco Industries and Ors. Vs. The Dy. Controller of Patents and Desig ...
Court: Kolkata
Decided on: Jul-13-2017
ORDER SHEET AID No.14 of 2016 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE PHILCO INDUSTRIES & ORS.Versus THE DY. CONTROLLER OF PATENTS & DESIGNS & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th July, 2017. Appearance: Mr.Gautam Roy, Adv.Ms.S.Ghosh, Adv.for the appellant. Mr.Arunabha Deb, Adv.Ms.Anshumala Bansal, Adv.Mr.Souvik Kundu, Adv.for the respondent no.2. The Court : The appeal is arising out of an order passed by the Deputy Controller of Patents and Designs on 28th June, 2016 in connection with the petition for cancellation of registered design no.205014 filed by the appellant under Section 19 of the Designs Act, 2000. The Deputy Controller has rejected the said application for cancellation of the aforesaid design. The grounds for cancellation taken before the Deputy Controller are: (a) That the design has been published in India or in any other country prior to the date of registration. (b) That the design is not a new or original design. (c) That ...
Commissioner of Income Tax, Kolkataiii Vs. M/S Britannia Industries Lt ...
Court: Kolkata
Decided on: Jul-13-2017
Judgment ITA no.03 of 2013 ITAT no.260 of 2012 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE Commissioner of Income Tax, Kolkata-III Versus M/S Britannia Industries LTD.BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Ms.Das De, Adv..for the Revenue. Mr.R.K.Murarka, Adv..for the Assessee. Heard on :06.07.2017 and 11.07.2017. Judgment on :13.07.2017. The Court: Revenue has preferred this appeal against order dated 19th June, 2012 passed by the Income Tax Appellate Tribunal B Bench Kolkata, in ITA no.14106/KOL/2011 pertaining to the assessment year 2005-06. By order dated 9th December, 2012 the appeal was admitted on the following question: (a) Whether in the facts and in the circumstances of the case the Learned allowing the Income Tax, deduction Appellate under Tribunal section 80GGB erred in in law in respect of donation made by the assessee to the political parties. The facts relevant for the purpose of this appeal are that t...
Vs. Commissioner of Service Tax, Kolkata
Court: Kolkata
Decided on: Jul-13-2017
Judgment G.A.no.2997 of 2016 C.E.X.A.no.24 of 2016 With G.A no.2996 of 2016 C.E.X.A.no.23 of 2016 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Central Excise) ORIGINAL SIDE M/S.Magma Sharchi Finance Ltd., Kolkata (Magma Fincorp Ltd.) Versus Commissioner of Service Tax, Kolkata BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Mr.Mr.Ms.Mr.Mr.J.K.Mittal, Adv.Amitava Mitra, Adv.Anupa Banerjee, Adv.Aritra Chakrabarty, Adv.Parag Chaturvedi, Adv..for the Appellant. Mr.Amitabrata Roy, Adv.Mr.Bhaskar Prasad Banerjee, Adv..for the Respondent. Heard on : 01.03.2017,11.04.2017 & 11.05.2017. Judgment on : 13th July, 2017. Arindam appeals Sinha, against J.: order The dated assessee 3rd has February, preferred 2016 these passed by two the Customs Excise and Service Tax Appellate Tribunal(CESTAT).Eastern Zonal Bench, Kolkata. We had, upon hearing the parties, admitted the appeals on 6th March, 2017 framing the following substantial questions of law as involved in this...
T.K. Shawal Industries Pvt. Ltd. Vs. Controller of Patents and Designs ...
Court: Kolkata
Decided on: Jul-10-2017
IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.1492 of 2017 With AID No.3 of 2016 T.K.SHAWAL INDUSTRIES PVT.LTD.versus CONTROLLER OF PATENTS AND DESIGNS & ORS.For the Petitioner : Mr.Mr.Mr.Mr.Rudraman Bhattacharya, Adv., Soumen Mohanty, Adv., Sourajit Dasgupta, Adv., Yash Vardhan Deora, Adv.For the Respondents : Mr.Kamal Kishore Arora, Adv., Mr.Gaurav Arora, Adv., Mr.Himanshu Arora, Adv.Hearing Concluded On : 29.06.2017 Judgment On : 10th July, 2017 Soumen Sen, J.:- The appeal is arising out of an order passed by the Deputy Controller of Patents and Designs on 20th January, 2016 in connection with a petition for cancellation of registered Design No.252082 filed on 12th February, 2014 under Section 19 of the Designs Act, 2000 by T.K.Shawal Industries PVT.Ltd., the appellant herein. The Deputy Controller has rejected the said application for cancellation of the aforesaid design. The grounds for cancellation taken before the D...
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