Court : Kolkata
IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction Original Side A.P.No.374 of 2017 BCL Secure Premises (P) LTD.versus Metro Railway, Kolkata For the petitioners:- Mr.Mr.Mr.Mr.Jishnu Saha..Sr.Adv.Srinanda Bose Pankaj Agarwal J.D.Roy Advocates For the Respondent:- MRS.Aparna Banerjee Advocate Judgement On: - 19th July, 2017 I.P.MUKERJI, J. In this case, we are concerned with the interpretation and application of Section 12(5) of the Arbitration and Conciliation Act, 1996 read with its Seventh Schedule. Section 12 (5) is set out below: 12(5) Notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subject matter of the dispute, falls under any of the categories specified in the Seventh Schedule shall be ineligible to be appointed as an arbitrator: Provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this sub-section by an express agreement in writing. The Seventh Sched...
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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...
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IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN A.P.No.1087 of 2011 STATE OF WEST BENGAL versus BHARAT VANIJYA EASTERN PVT.LTD.For the Petitioner : Mr.Jayanta Kr. Mitra, Ld. A.G., Mr.Paritosh Sinha, Ld. AOR., Mr.Subhabrata Dutta, Adv.For the Respondent : Mr.Mr.Mr.Mr.Mr.Heard On : 29.09.2016, 17.11.2016, 24.11.2016, 08.12.2016, 16.12.2016, 19.12.2016, 23.12.2016 Judgment On : 4th January, 2017 Goutam Chakravortti, Sr.Adv., Pradip Kr. Ghose, Sr.Adv., Dhruba Ghosh, Sr.Adv., Sarajit Mitra, Adv., Shayak Chakraborty, Adv.Soumen Sen, J.:- The employer assails the award in excess of Rs.15 crores inclusive of interest in respect of construction of Falkata Pundari Section of NH31(Coochbehar) a Two-Lane At-Grade Highway in the State of West Bengal. The respondent initially filed a suit in February, 2002 against the petitioner for a decree for Rs.20,72,36,567/-. After the settlement of issues and filing of evidence on affidavit...
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GA No.3175 of 2013 CS No.257 of 2013 GA No.3021 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANIRUDH JALAN -VersusBRAHMAPUTRA VALLEY FERTILIZER CORPORATION LTD.Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Soumava Ghosh, Adv.Mr.S.E.Hooda, Adv...for the plaintiff. Mr.Rupak Ghosh, Adv.Mr.Rajesh Upadhyay, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 15th July, 2016. The Court : The petitioner has filed this application under Chapter XIIIA of the Original Side Rules of this Court for eviction of the defendant from the suit premises. The plaintiff is a present owner of the property. Initially, the defendant was a monthly tenant under one Smt. Jayshree Bajoria (hereinafter referred to as the erstwhile owner).The plaintiff purchased the said premises from the said erstwhile owner by a registered Deed of Conveyance dated 15th May, 2012. Pursuant to such transfer, the erstwhile owner by a letter dated 16th May, 2012 informed th...
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FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISCITION(INCOME TAX) ORIGINAL SIDE Present: The Hon'ble Justice Girish Chandra Gupta The Hon'ble Justice Asha Arora ITA No.503 OF2005WITH ITA No.504 OF2005ITA No.505 OF2005M/S.NALCO CHEMICALS INDIA LTD.Versus THE COMMISSIONER OF INCOME TAX, KOL II Advocate for the Appellant: Mr.J.P.Khaitan,Sr.Adv., Mr.Siddharth Das, Adv.Mr.Asim Choudhury,Adv.Mr.Rohan Poddar,Adv.Advocate for the Respondent :Mr.M.P.Agarwal, Adv.Md.Nizamuddin,Adv.Hearing On:10/03/2016 Judgement Delivered On: 10th March, 2016. GIRISH CHANDRA GUPTA J.: The subject matter of challenge in the appeal is a judgment and order dated 11th August, 2005 passed by the learned Income-tax Appellate Tribunal B Bench, Kolkata disposing of three several appeals preferred by the revenue challenging orders passed for three several assessment yeaRs.viz. the assessment years 1995-96, 1996-97 and 1997-98. All the three appeals were disposed of by the learned Tribunal by a common judgment. T...
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ORDER SHEET GA No.1840 of 2014 CS No.202 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHREE KRISHAN BINANI & ANR. Versus PROGRESSIVE CONSTRUCTIONS LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 5th August, 2015. Appearance: Mr.Sumon Dutt, Adv.Mr.Kumar Gupta, Adv.Mr.Rajesh Kr. Gupta, Adv.Mr.Ramesh Dhara, Adv.Mr.Soumabho Ghose, Adv.Mr.Uttam Sharma, Adv.The Court: The Court: In a suit for recovery of money, the petitioner has filed this application in the nature of attachment before judgment. The claim in the suit has arisen out of price of goods sold and delivered. The petitioner claims to have sold goods of diveRs.specifications between January 2009 and April 2011 to the respondents. The petitioner states that against the supply made for the period from January 2009 to April 2011, the petitioner raised bills and/or invoices aggregating to Rs.2,76,77,888/-. The respondent in acknowledgement of its dues made part payment of a sum of Rs.2,...
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CC93of 2013 GA No.1260 of 2014 WP No.243 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Standard Pharmaceuticals LTD.versus Kolkata Municipal Corporation & ORS.For the plaintiff/ petitioner:- Mr.Debal Banerjee (Sr.Adv.) Mr.Abhrajit Mitra (Sr.Advocate) Mr.S.Bose Mr.S.Dutta Mr.S.Majumdar Mr.S.Chatterjee Mr.S.Ghosh Mr.A.Sinha Mrs.T.Lahiri For K.M.C :- Mr.Alok Kr. Ghosh Mr.Saurav Chaudhury For State:- Mr.Pranab Dutta (Sr.Adv.) Ms.C.Bhattacharya Ms.T.Samanta For Respondent: Mr.Arunabha Ghosh(Sr.Adv.) Mr.D.Sengupta Mr.R.K.Dubey Judgement On: I.P.MUKERJI, J. 29th, April, 2015 The petitioner was the owner of premises No.67, Dr. Suresh Sarkar Road, Kolkata-700 014. They wanted to develop this property. On 17th May, 2005 they got a building plan sanctioned by Kolkata Municipal Corporation. The sanction was for building four, four storied structures. The petitioner claims to have obtained a No Objection Certificate (NOC) from the fire department of the State ...
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ORDER SHEET GA NO.2208 OF2014WITH CS NO.251 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHISHEK TEA INDUSTRIES Versus ASPEN PROJECTS INDIA LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th July, 2014. Mr.J.Chowdhury, Mr.C.Gupta, Mr.S.Ghosh, Mr.A.Agarwalla appear. Mr.S.K.BasuappeaRs.The Court : The cause of action of the plaintiff is founded on goods sold and delivered by them to the fiRs.to ninth defendants. This is disputed by Mr.Basu for the fiRs.defendant by saying that that the contract was only between the plaintiff and the fiRs.defendant. The claim of the plaintiff on this account is Rs.13,31,312/- upto 30th April, 2014 exclusive of the interest claimed. Now, it appears that from time to time the fiRs.defendant issued three cheques for Rs.1,11,000/- each in favour of the plaintiff. These cheques were replaced by them from time to time, upon being dishonoured for insufficiency of funds. Lastly, the fiRs.defendant issued three...
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ORDER SHEET CS No.318 of 2006 GA No.1972 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHARAT EXPLOSIVES LTD.Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th July, 2014. Appearance: Mr.Joy Saha, Adv.Mr.Kalimuddin Mondal, Adv.Mr.Nikhil Roy, Adv.Mr.Partha Basu, Adv.The Court: This is an application for extension of time to lodge the writ of summons. It appears that the suit was instituted on 19th December, 2006 and thereafter several proceedings have been initiated by the petitioner against the defendants and the matter also reached the Honble Appeal Court with regard to the invocation of the bank guarantee. It is not in dispute that the bank guarantee has been kept renewed and the said bank guarantee is still in force. The bank guarantee appears to have been furnished subject to the following two conditions. i) The bank guarantee will be kept renewed on the same terms and conditions and should the plaintiffs claim f...
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FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE Present: Honble Justice Girish Chandra Gupta And Honble Justice Sudip Ahluwalia ITA No.168 of 2011 GA No.1541 of 2012 COMMISSIONER OF INCOME TAX, CENTRAL- I, KOLKATA Versus M/S.J.L. MORRISON (INDIA) LTD.Advocate for the Appellant: Md.Nizumuddin, Advocate. Advocate for the Respondent: Mr.N.K. Poddar, Senior Advocate Mr.A.Gupta, Advocate, Mr.V.Tibrewal, Advocate. Heard on: 24.2.2014, 19.3.2014, 1.4.2014, 2.4.2014, .4.2014, 4.4.2014, 7.4.2014, 8.4.2014, 9.4.2014, 16.4.2014, 17.4.2014, 21.4.2014, 22.4.2014 and 23.4.2014. Judgment delivered on: 15.05.2014 GIRISH CHANDRA GUPTA J. The subject matter of challenge in this appeal preferred by the Revenue is a judgement and order dated 13th April, 2011 by which the learned Tribunal allowed the assessees appeal setting aside the order dated 1st March, 2010 passed by the Commissioner of Income Tax in exercise of power under Section 263 of the Income Tax Act (...
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