Court : Kolkata
..... a statutory notice of demand under section 434 of the companies act on september 18, 2003 asking them to pay off the outstanding. the kamalapur did not adhere to the request. dena bank initiated a ..... . khurshid alam vs. p. pagnon company private limited and others reported in 2002 company law board page-523.3. tan india limited vs. sundaram finance limited and another reported in 2002 volume-108 company cases page-591.4. modi rubber limited vs. madura coats limited and another reported in 2006 volume ..... judgment on : january 29, 2015 ashim kumar banerjee, j.facts: kamlapur sugar and industries limited (hereinafter referred to as kamlapur .) obtained financial assistance from various finance institutions including dena bank, the appellant above named. the company became sick and was unable to discharge its obligation towards secured and unsecured creditors. dena bank issued .....
Tag this Judgment!Court : Kolkata
..... other security.7. you recommended for sanction of house loans against disputed and fake properties.8. you did not obtain proper valuation of the properties financed. inflated valuations were accepted to accommodate the borrowers by recommending higher loans. even in may cases houses were older than permissible age.9. you did ..... noc from builder /society before recommending the house loans for sanction resulting in fraudulent sanction of house loans.10. you did not initiate action under ni act, against the borrowers whose cheques for payment of house loan installments were returned dishonoured.11. you did not properly compile opinion reports on borrowers and ..... imposed by the disciplinary authority and dispose off the appeal. . therefore, it is not justified to contend that the appellate authority without assigning any reason acted as rubber stamp by mechanically accepted the decision of disciplinary authority.25. mr. routh further contended that it is not necessary to give a detailed reasoned .....
Tag this Judgment!Court : Kolkata
..... the preamble would have read otherwise and there would not have been a fetter on its pecuniary jurisdiction or the necessity of introducing sub-section (2) under section 3 of the city civil court act, 1953, which reads as follows:the city civil court shall be deemed to be a court subordinate to and subject to the ..... is clearly answered in favour of the petitioner and this court alone shall have jurisdiction to entertain, try and determine the instant application filed under section 34 of the arbitration and conciliation act, 1996. let this matter be heard upon filing of affidavits. affidavit-inopposition may be filed within four weeks; reply thereto, if any, within ..... finance limited. vs.m.k. kurian & ors.).it has been clearly held to the effect that so far as the city of chennai is concerned (madras high court, being a court established by the letters patent).the words, principal civil court of original jurisdiction , as defined under section 2(1)(e) of the arbitration and conciliation act, .....
Tag this Judgment!Court : Kolkata
..... by the cit(a) but in an appeal preferred by the assessee, the learned tribunal has set aside the order passed in exercise of jurisdiction under section 154 of the income tax act. mr.bhowmik, learned advocate appearing for the revenue submitted that the judgement of the supreme court in the case of cit v. gujrat fluoro chemicals reported ..... the judgement is based has been reversed or modified by any subsequent decision of a superior court cannot be a ground for exercise of power under section 154 of the income tax act. reference in this regard may be made to a division bench judgement of this court in the case of jiyajeerao cotton mills ltd.v.ito ..... itat no.16 of2014ita no.28 of 2014 in the high court at calcutta special jurisdiction (income tax) original side commissioner of income tax, kolkata-i versus the peerless general finance & investment co.ltd before: the hon'ble justice girish chandra gupta the hon'ble justice arindam sinha date : 16th january, 2015. for appellant/petitioner : mr.p.k .....
Tag this Judgment!Court : Kolkata
..... demand of service tax upon the petitioner amounting to about rs.34 crores together with additional cess, h.e.cess, interest and penalty under sections 73[1]., 75 and 78 of the finance act, 1994. it appears from the said show cause notice that the computation sheets thereof were prepared on 11th october, 2010. this show cause ..... june, 2008 and 17th september, 2009. the case of the department in these show cause notices, to put it very briefly, was that the writ petitioner was acting as a works contractor providing services to service recipients. these service recipients had been providing certain materials free of cost to the writ petitioner. they allegedly did not add ..... 30th november, 2012. there could not be two assessments with regard to the self-same period. no one can doubt the accepted principle that the department cannot act contrary to its own circular. the rule of estoppel prevents them from doing so. but as far as application of the above supreme court decision is concerned, mr .....
Tag this Judgment!Court : Kolkata
..... in addition to the relief for injunction. the plaintiff is entitled to claim such reliefs under clause 9 of the nda and also by section 40 of the specific relief act. the learned senior counsel has referred to the decision of the hon ble supreme court in firm sriniwas ram kumar versus mahabir prasad ..... relation to each of them. in paragraph 16 of the petition, it is stated by the plaintiff that the petitioner has supplied confidential information relating to finance and marketing to the respondent no.1 on march 20, 2013. the information supplied relating to matters concerning marketing strategy, customer base, costing and profitability ..... claims that relying on such representations and believing the same to be true, the petitioner had materially altered its position by supplying confidential information relating to finance and marketing to the respondent no.1 on 20th march, 2013. the information supply related to matters concerning marketing strategy, customer base, costing and profitability .....
Tag this Judgment!Court : Kolkata
..... to the petitioner the said sum of rs.14 lakhs. (9) the petitioner lodged a complaint with the eastern india motion pictures association seeking their help in recovering the financed amount. by his advocate s letter addressed to the respondent nos.4 to 11 the petitioner cautioned the said respondents not to distribute money, if any, realized by ..... matter of production of the said film and is bound by the partnership deed dated 23rd august, 2012. the petitioner, however, contends that such partnership deed was never acted upon or was given effect to and was given a complete go bye. the said respondents further urged that the petitioner by his illegal activities has caused huge loss ..... till repayment of the entire above said advance amount by the plaintiff/petitioner i.e.rs.14,00,000/-. (l) the parties assured that the charge created shall act as the firs.charge on the firm and it further agreed that the plaintiff/petitioner will have his right over the said film black mmail on the firs.release .....
Tag this Judgment!Court : Kolkata
..... did not decide the issue of membership, this approach of the authority cannot be countenanced. it is a duty of the registrar under sub-section 3 of section 77 of the said act to decide the question of membership along with the question of division of assets and liabilities. the registrar was directed to hear the preliminary objections ..... property, the writ petitioners had refused to allot the flats constructed at the woodburn park. thereafter the private respondents filed a plaint on september, 2010 under section 95 of the 93 act. in the said proceeding the writ petitioners filed the written statement. before the arbitrator, the writ petitioners filed two objections. the firs.objection was with ..... a civil revision bring c.r.no.3922 (w) of 1981. the learned single judge quashed the final order purported to have been passed under section 77 of the said act dated 23rd june, 1980. it was held that the said order was illegal, void and without jurisdiction so far as the woodburn park co-operative .....
Tag this Judgment!Court : Kolkata
..... security interest is created for due repayment by any borrower of any financial assistance . section 13(9) of the sarfaesi act, 2002 mandates that in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors.no secured creditor shall be entitled to exercise ..... district magistrate. with respect to him, the district magistrate in the instant case took into consideration issues relevant for the grant of police assistance under section 14 of the sarfaesi act, 2002 emanating out of the fact scenario obtaining in this case. the order of district magistrate cannot be faulted on such count. the second ..... any or all of the rights conferred on him under or pursuant to sub-section (4) unless .....
Tag this Judgment!Court : Kolkata
..... raised and framed at any time during the witness action and that, such defence was not taken when the documents were marked as exhibits. he refers to section 36 of the indian stamp act, 1899 and submits that, the interim protection notes being exhibits c , d and e cannot be questioned any longer. he relies upon all india reporter ..... mere marking of a document as an exhibit does not dispense with the proof of the contents of such document. according to him, in view of section 102 of the indian evidence act, 1872 the burden of proof of quantification of damages in the present suit lies on the plaintiff. since the plaintiff did not adduce adequate evidence in ..... is no other evidence on record, according to him, to establish the claim of the plaintiff, apart from the surveyor report being exhibit tt . he refers to section 60 of the indian evidence act, 1872 and submits that, oral evidence must be direct. he relies upon all india reporter 1983 bombay page 1 (om prakash berlia & anr. v. unit trust .....
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