Court : Kolkata
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE PRESENT: The Honble Justice Nishita Mhatre And The Honble Justice Tapabrata Chakraborty APO315of 2015 WP507of 2012 United Bank of India Retirees Welfare Association & Ors. Appellants Vs. United Bank of India & Ors. Respondents with APO316of 2015 WP507of 2012 United Bank of India & Ors. Appellants Vs. United Bank of India Retirees Welfare Association & Ors. Respondents For the Appellants in APO315of 2015 and Respondents in APO316of 2015 : Mr. Lakshmi Kumar Gupta Mr. Swapan Kumar Dutta Mr. Dipankar Dasgupta For the Respondents in APO315of 2015 and Appellants in APO316of 2015 : Mr. R. N. Majumdar Mr. Sourav Chakraborty For Union of India : Mr. Vipul Kundalia Heard on :22. 08.2016 Judgment on :26. 09.2016 Nishita Mhatre, J.:1. These appeals are directed against the decision of the learned Single Judge dated 4th March, 2015 in W.P. 507 of 2012. The Appeal APO No.316 of 2015 has been filed by the United Bank of India (h...
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IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION (ORIGINAL SIDE) Present : The Honble Justice Nadira Patherya G.A.No.2615 of 2008 C.S.No.406 of 2000 Premium Exchange & Finance LTD.& Anr. VERSUS M/S.S.N.Bagla & Co.& ORS.For the Judgment Debtor : Mr.Abhrajit Mitra, Adv., Mr.Sarvapriya Mukhopadhyay, Adv., Mr.Chayan Gupta, Adv., Mr.Jishnu Chowdhury, Adv., Mr.Sandip Dasgupta, Adv., Mr.B.Ray, Adv.For the Respondent : Mr.S.K.Kapoor, Sr.Adv., Mr.Joy Saha, Adv., Mr.S.Singhvi, Adv.Heard on : 23.02.2012, 24.02.2012, 01.03.2012, 06.03.2012, 12.03.2012, 19.03.2012. Judgment on : 2nd September, 2016 Patherya, J. : By this application the petitioner/judgment debtor (Bagla Group) seeks a declaration that the consent decree dated 26th April, 2002 be declared null and void or the same be set aside on the ground that the basis of valuation is not only incorrect but the valuers were biased against the petitioner as they are Chartered Accountants of 15 companies of the Birla Group, and th...
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ORDER SHEET ITA NO.155 OF2009IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOL-II Versus M/S.EUREKA STOCK & SHARE BROKING SERVICES LTD.BEFORE: The Hon'ble ACTING CHIEF JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 30th August, 2016. MR.SIDDHARTHA BHATTACHARYYA, MS.MAMTA BHARGAVA, ADVOCATES FOR APPELLANT MR.J.P.KHAITAN,SR.ADVOCATE, MR.P.JHUNJHUNWALA, MR.ASOK BHAUMIK, ADVOCATES FOR RESPONDENT The Court : The subject matter of challenge is a judgment and order dated 18th December, 2008 passed by the Income Tax Appellate Tribunal, C Bench, Kolkata in ITA No.142(Kol)/2008 pertaining to the assessment year 2001-02, by which the learned Tribunal dismissed an appeal preferred by the revenue. The revenue has come up in appeal, which was admitted on 8th September, 2010. The following substantial questions were formulated. (i) Whether the learned Tribunal is justified in following its own order passed in ITA684Kol....
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APO157OF2016WITH C.S..No.66 OF2008G.A.No.1240 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE KOLKATA MUNICIPAL CORPORATION & ANR Versus SRI SANKARSHAN PVT LTD BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date :12. h/16TH August, 2016. Appearance : Mr.P.S.Bose,Sr.Advocate Mr.G.C.Das,Advocate Mr.Aloke Ghosh,Advocate .for appellant. Mr.Ranjan Deb,Sr.Advocate Mr.Samrat Sen,Sr.Advocate Mr.R.L.Mitra,Advocate Ms.P.Dhar,Advocate Mr.S.Bose,Advocate .for respondent.1. MIR DARA SHEKO,J.: This appeal is preferred against the order dated 13th August, 2015 allowing amendment of plaint sought for by the plaintiff/respondent. The operative part of the order passed by the Learned Trial Judge, allowing amendment of the plaint, is set out hereunder : Accordingly, there will be an order in terms of prayers (a) and (b) of the amendment petition. However, the amendment that will be incorporated is as indicated in red ink in the copy of the...
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IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE GA884OF2016GA1095OF2016IN CS88OF2016ISHA DISTRIBUTION HOUSE PRIVATE LIMITED -VersusADITYA BIRLA NUVO LIMITED AND ANOTHER For the Plaintiff: Mr Mr Mr Mr Mr Pratap Chatterjee, Sr Adv., Mainak Bose, Adv., Nemani Srinivas, Adv., Amitabh Ray, Adv., Ankur Jain, Adv. For the Defendant No.1: Mr Mr Mr Mr Mr Mr Mr S. N. Mukherjee, Sr Adv., Ratnanko Banerji, Sr Adv., D. Basu Mallick, Adv., Kumarjit Mukherjee, Adv., Sounava Basu, Adv., Soumya Ray, Adv., Anshul Sehgal, Adv. For the Defendant No.2: Mr Suvodeep Chakraborty, Adv., Mr Saunak Sengupta, Adv. Hearing concluded on: July 25, 2016. BEFORE SANJIB BANERJEE, Judge Date: July 28, 2016. SANJIB BANERJEE, J.: The earlier petition is by the plaintiff for an interlocutory injunction. The later petition is by the first defendant for revocation of the leave granted under Clause 12 of the Letters Patent at the time of the receipt of the suit on the ground of the two distri...
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ORDER SHEET AP No.412 of 2016 IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction ORIGINAL SIDE GODREJ PROJECTS DEVELOPMENT PVT.LTD.Versus SIMOCO TELECOMMUNICATIONS (SOUTH ASIA) LTD.& ANR. BEFORE: The Honble JUSTICE SOUMEN SEN Date : 19th July, 2016 Ms.Sanchari Chakraborty, Adv., For the petitioner. Mr.Arindam Mukherjee, Adv., Mr.Avirup Chatterjee, Adv., For the respondent. The Court: The petitioner has filed an application for appointment of an Arbitrator in view of the failure on the part of the respondents to respond to the notice dated 15th April, 2016 by which the petitioner has invoked the arbitration clause contained in a development agreement dated 28th December, 2007. The preliminary objection to the appointment of an Arbitrator orally raised by the respondents is that the development agreement is insufficiently stamped and in view thereof, the arbitration clause in the said agreement cannot be looked into and/or relied upon by the respondents. The learned Counsel appear...
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IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Debasish Kar Gupta And The Honble Justice Md.Mumtaz Khan APO237of 2013 Dipak Kumar Lahiri @ D.K.Lahiri Versus National Insurance Company Limited & ORS.For the appellant : Mr.Pratik Dhar, Sr.Adv., Mr.Ritwik Pattanayak, Mr.Debanshu Ghorai, Mr.Samir Halder For the respondent : Mr.Dipak Kumar Ghosh, Sr.Adv., Mr.Ranajay Dey. Heard on : 03/03/2016, 08/03/2016, 15/03/2016, 17/03/2016, 29/03/2016, 31/03/2016, 07/04/2016, 19/04/2016, 28/04/2016 and 03/05/2016. Judgment on: 19/05/2016 Debasish Kar Gupta , J. : This appeal is directed against a judgment dated May 14, 2010 passed in the matter of Dipak Kumar Lahiri versus National Insurance Company Limited & ORS.(in re: W.P.No.1708 of 2006).By virtue of the impugned judgment the above writ application was dismissed on contest. The subject matter of challenge in the above writ application was an order dated October 31, 2005, passed by the respon...
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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WP346of 2015 RANGLAL BAGARIA HUF -VersusASSISTANT COMMISSIONER OF INCOME TAX AND OTHERS And WP347of 2015 SUDERSHAN PRASAD BAGARIA -VersusASSISTANT COMMISSIONER OF INCOME TAX AND OTHERS For the Petitioners: Mr Mr Mr Mr R. N. Bajoria, Sr Adv., J.P. Khaitan, Sr Adv., Akhilesh Gupta, Adv., Deepak Jain, Adv. For the Respondents: Mr S. B. Saraf, Adv., Mr Prithu Dudhoria, Adv. Hearing concluded on: April 28, 2016. BEFORE SANJIB BANERJEE, Judge Date: May 4, 2016. SANJIB BANERJEE, J.: These two petitions pertain to notices issued under Section 148 of the Income Tax Act, 1961 for reassessment under Section 147 thereof in respect of assessment year 2007-08.2. There is no dispute that the first proviso to Section 147 of the Act applies. In the case of the petitioning assessee in the first matter, the proposed reassessment would be a second reassessment. In respect of the petitioner in the second matter, the proposed reas...
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In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP No.496 of 2015 Sanwar Agarwal -Vs.Commissioner of Customs (Port) & ORS.Before : The Honble Justice Arijit Banerjee For the Petitioner : Mr.Pranab Kr. Dutta, Sr.Adv.Mr.S.Banerjee, Adv.For the Respondent : Mr.R.Bharadwaj, Adv.Md.T.M. Siddiqui, Adv.Heard On : 14.05.2015, 16.06.2015, 20.07.2015, 13.08.2015 25.08.2015, 15.09.2015, 06.10.2015 CAV On : 06.10.2015 Judgment On : 07.04.2016 Arijit Banerjee, J.:(1) In this writ application the petitioner challenges the legality and/or validity of Circular No.19/2013-CUS dated 9th May, 2013 issued by the Central Board of Excise and CustoMs.Ministry of Finance, (Department of Revenue).Government of India relating to classification of Filters referred to as Disposable Sterilized Dialyzer and Microbarrier for filtering blood. The said two medical appliances were earlier covered under Tariff Item 90189031 which pertain to Renal dialysis equipment (artificial kidneys, kidne...
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In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP912of 2013 Simplex Infrastructures LTD.-Vs.Commissioner of Service Tax, Kolkata Before For the Petitioner : The Honble Justice Arijit Banerjee : Mr.J.K. Mittal, Adv.MRS.Nilanjana Banerjee, Adv.For the Respondent : Mr.S.B. Saraf, Adv.Mrs.S.Mitra, Adv.Heard On : 15th July, 2015 CAV On : 28.08.2015 Judgment On : 07.04.2016 Arijit Banerjee, J.: (1) In the instant writ petition, the petitioner challenges a show cause-cum-Demand Notice dated 21st April, 2006 demanding service tax of Rs.65.25 crores (approx.) for the period 1st October, 2000 to 31st March, 2005 and also a hearing notice dated 13th August, 2013 issued more than seven years after issuance of the Show Cause-cum-Demand Notice, both of which according to the petitioner, are illegal and nonest in the eye of law. The Petitioners case:(2) The petitioner company was previously known as Simplex Concrete Piles (India) Ltd., with effect from 8 November, 2005, ...
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