Court : Kolkata
Reported in : 2007(4)CHN678,[2007]137CompCas834(Cal),(2008)2CompLJ32(Cal),[2008]81SCL140(Cal)
Sanjib Banerjee, J.1. Two issues of some importance arise in this the proposed transferee company's petition for sanction of a scheme of amalgamation. The registered offices of the transferor companies are situated in other states and the proposed transferor companies have applied for approval of the scheme from the appropriate High Courts.2. The first issue is as to whether the authorised capital of a transferor company merges into the authorised capital of the transferee company upon the scheme being sanctioned and implemented, along with the rights relating thereto. There are two aspects to such matter: the first, whether following a scheme of amalgamation or complete merger the authorised capital of the transferor company gets added on to the authorised capital of the transferee company so that the post-amalgamation authorised capital of the transferee company swells by the amount of the authorised capital of the transferor company; secondly, whether following such increase of the ...
Tag this Judgment!Court : Kolkata
Reported in : [2003]53CLA328(Cal)
ORDER(1) That all the property, rights and powers of the transferor company specified in the first, second and third parties of the Schedule hereto and all other property, rights and powers of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall pursuant to Section 394(2) of the Companies Act, 1956 be transferred to and vest in the transferee company for all the estate and interest of the transferor company therein but subject nevertheless to all charges now affecting the same other than (here set out any charges which by virtue of the compromise or arrangement are to cease to have effect): and(2) That all the liabilities and duties of the transferor company be transferred without further act or deed to the transferee company and accordingly the same shall, pursuant to Section 394(2) of the Companies Act, 1956 be transferred to and become the liabilities and duties of the transferee company; and(3) That all proceedin...
Tag this Judgment!Court : Kolkata
Reported in : [1992]196ITR860(Cal)
Ajit K. Sengupta, J. 1. These four references -- two at the instance of the Commissioner and two at the instance of the assessee -- relating to the assessment years 1975-76, 1976-77, 1977-78 and 1978-79, are heard together as common issues are involved.2. Income-tax Reference No. 359 of 1982, under Section 256(1) of the Income-tax Act, 1961, and Income-tax Reference No. 42 of 1990 under Section 256(2) of the Act, both at the instance of the assessee, relate to the assessment year 1975-76.3. Income-tax Reference No. 73 of 1985, at the instance of the Revenue is for the assessment year 1976-77 and Income-tax Reference No. 38 of 1987, is also at the instance of the Revenue and is for the assessment years 1977-78 and 1978-79.4. The questions in these four references involve four issues, viz. --(a) Bonus amounting to Rs. 8,03,086 claimed as deduction for the assessment year 1975-76 and consequential addition for the assessment year 1976-77.(b) Claim for liquidated damages amounting to Rs. 6...
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal391,100CWN1048
1. These are two suits. The first suit is Suit No. 10 of 1988 which has been instituted by Gautam Majumdar and Subhas Chandra Majumdar against (1) Mithua Developments Pvt. Ltd. and (2) Maghan Aboth and Yasheebath Jacob Benjamin Elias, a Society registered under the Societies Registration Act (hereinafter referred to as the said 'Society'). The said suit was filed on llth January, 1988, inter alia, for the following reliefs: '(a) A decree for Rs. 2,86,546/- for damages against the defendants Nos. 1 and 2 as pleaded in paragraphs 20, 21 and 23 hereof; (b) An injunction restraining the defendants and each of them, their respective agents and/or representatives from interfering with and/or interrupting the lawful use, occupation and possession of the plaintiffs in the said premises No. 25, Black Burn Lane, Calcutta, the property in suit, in any manner whatsoever and/or from dispossessing the plaintiffs therefrom; (c) An injunction restraining the defendants and each one of them, their re...
Tag this Judgment!Court : Kolkata
Reported in : [1984]7ITD67(Cal)
ORDERPer Shri Anand Prakash, Accountant Member - These appeal are taken together as one of the grounds of appeal is common in all of them and, for the sake of convenience, these are disposed of by this common order.2. The controversy which is common in respect of all the years is with regard to the valuation of the property situated at B-34, Greater Kailash, New Delhi. Up to the assessment year 1968-69, the said property was under the personal occupation of the assessee. Thereafter, one floor of it has been let out. The contention of the assessee before us is that the said property should be valued both by land and building method, but by applying the yield method. In support of it, he has relied upon the decision of the Honble Calcutta High Court the case of Sudesh Chandra Talwar dated 5-3-1981 in Matter Nos. 670, 671, 657, 656, 655 and 672 of 1977 (a copy of the unreported judgement has been placed on record).In the above case also the facts were similar and the decision of this Lord...
Tag this Judgment!Court : Kolkata
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN A.P.No.736 of 2011 STATE OF WEST BENGAL VS. PAM DEVELOPMENTS PVT. LTD. For the Petitioners : Mr. Jayanta Kr. Mitra, Ld. Adv. Gen., Mr. Samrat Sen, Sr. Adv., Mr. Paritosh Sinha, Adv., Ms. Manali Bose, Adv., Mr. Arindam Mondal, Adv. For the Respondents : Mr. Suman Dutta, Adv., Mr. Priyankar Saha, Adv., Mr. Amritam Mandal, Adv. Heard On :21. 09.2015, 05.02.2016, 26.02.2016, 01.09.2016, 15.09.2016, 22.09.2016, 28.09.2016. Judgment On :3. d November, 2016 Soumen Sen, J.:- This is an application for setting aside of an arbitral award dated 6th April, 2011 in connection with disputes arising out of the work of Widening and strengthening of Nilgang Santoshpur Duttapukur Golabari Aminpur Road from 0.00 KMP to 28.85 KMP under Barasat Highway Division No.II in the District of North 24 Parganas. NABARD RIDF VII Sl. No.9(c) for Duttapukur Golabari Road under Barasat Highway ...
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