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Aug 30 2017 (HC)

Arvind Kayan Vs. Union of India and Ors.

Court : Kolkata

WP No.504 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ARVIND KAYAN Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 30th August, 2017 Appearance Mr.Koushik Chowdhury, Adv.with Ms.Sumita Shaw, Adv..for the petitioner Mr.Kaushik Chandra, ld. ASG with Md.Nizumuddin, Adv.Ms.Smita Das De, Adv..for the respondents The Court : The petitioner assails an order dated May 18, 2016 passed by the Tax Recovery Officer under Section 159 of the Income Tax, 1961 as affirmed by the Appellate Authority by its order dated July 6, 2017. The learned Advocate appearing for the petitioner submits that, the petitioner is not the legal representative of the deceased. He submits that, although the petitioner is the son of the deceased, the petitioner had severed all relationship with the deceased in 1999. The petitioner had purchased the shares belonging to his deceased father during his lifetime for valuable consideration. The purchase of such...

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Aug 30 2017 (HC)

Shelter Project Limited and Anr. Vs. The Kolkata Municipal Corporation ...

Court : Kolkata

In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP1218of 2014 Shelter Project Limited & Anr. -Vs.The Kolkata Municipal Corporation & ORS.Before : The Honble Justice Arijit Banerjee For the petitioners Adv.: Mr.Bikash Ranjan Bhattacharya, Sr.Mr.Raghunath Chakraborty, Adv.Mr.Mahadeb Ahmed, Adv.Ms.Tanusree Das, Adv.For the respondents : Mr.Alok Kr. Ghosh, Adv.Mr.Gopal Ch. Das, Adv.Heard On 14.10.2015 : 10.06.2015, 16.06.2015, 25.08.2015, 16.11.2015, 18.11.2015, 09.12.2015, 19.07.2016, 24.08.2016, 30.08.2016, 11.02.2016 05.10.2016 15.11.2016 CAV On : 25.04.2017 Judgment On : 30.08.2017 Arijit Banerjee, J:(1) The petitioner company (hereinafter referred to as the petitioner) is the owner of two adjacent premises in Calcutta. Being aggrieved by the refusal of the Calcutta Municipal Corporation (in short the KMC) to grant amalgamation of the said two premises the petitioners have approached this Court. Contention of the petitioners:(2) The petitioner purchased a p...

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Aug 29 2017 (HC)

Lmj International Ltd. Vs. Sleepwell Industries Co. Ltd. and Anr.

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A. No.370 of 2013 C.S. No.185 of 2011 LMJ INTERNATIONAL LTD. Vs. SLEEPWELL INDUSTRIES CO. LTD. & ANR. For the Petitioner/Plaintiff : Mr. Surojit Nath Mitra, Sr. Adv., Mr. D.N. Sharma, Adv., Mr. S. Sarkar, Adv., Mrs. S. Mukhopadhyay, Adv., Mr. T. Aich, Adv. For the Defendants/Respondents : Mr. Tilak Kumar Bose, Sr. Adv., Mr. Sailendra Jain, Adv., Mr. Asit Dey, Adv. Hearing Concluded On :21.08.2017. Judgment On :29.08.2017. Soumen Sen, J.:- The defendant No.1 has filed this application essentially for deletion of the name of the defendant No.1 from the suit. The prayers made in the petition are:(a)(i) The plaint filed in the instant suit being C.S. No.185 of 2011 be dismissed; (ii) Alternatively, the defendant No.1 be deleted from the cause title of the plaint filed in the instant suit; (b)(i) Stay of all further proceedings in the instant suit; (ii) Alternatively, sta...

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Aug 28 2017 (HC)

Paras Marketing Co. (P) Ltd. Vs. Air India Limited and Anr.

Court : Kolkata

ORDER SHEET GA No.258 of 2017 With CS No.197 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PARAS MARKETING Co.(P) LTD.Versus AIR INDIA LIMITED & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th August, 2017. Appearance: Mr.Mainak Bose, Adv.Mr.Chayan Gupta, Adv.Mr.A.Bagaria, Adv.Mr.Anirban Ray, Adv.Ms.Micky Chowdhury, Adv.Mr.A.Sarkar, Adv.The Court : The plaintiff is a travel agent. The defendant no.1 is a carrier. The defendant no.1 is a member of the defendant no.2. The defendant no.2 represents about 250 airlines. In order to enable the travel agent to have a business with any carrier who is a member of the defendant no.2, such travel agent is required to be an accredited agent of the defendant no.2. The defendant no.2 is essentially functioning as a conduit between a travel agent and the carrier and regulate the activities between the two. The plaintiff became an accredited agent of the defendant no.2 in terms of an agreement dated 1...

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Aug 28 2017 (HC)

Yash Vardhan Mall Vs. Tejash Doshi

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.359 of 2017 GA No.2552 of 2017 In PLA No.123 of 2016 YASH VARDHAN MALL -VERSUSTEJASH DOSHI For the Appellant: Mr S. P. Sarkar, Sr Adv., Mr Surojit N. Mitra, Sr Adv., Mr D. N. Sharma, Adv., Mr D. K. Jain, Adv., Mr Asim Chattopadhyay, Adv., Mr Subrata Das, Adv. For the Respondent: Mr Ratnanko Banerji, Sr Adv., Mr Nirmalya Dasgupta, Adv., Ms Urmila Chakaraborty, Adv. Hearing concluded on: August 22, 2017. Date: August 28, 2017. SANJIB BANERJEE, J.: The appeal arises out of proceedings for grant of a probate. By the order impugned dated June 28, 2017, the caveat lodged by the appellant has been discharged on the twin grounds that the appellant had no caveatable interest and that the affidavit in support of the caveat did not disclose any legal ground of objection to the grant of probate.2. The facts are not much in dispute and h...

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Aug 28 2017 (HC)

Delta International Limited and Others Vs. Smt. Nupur Mitra and Others

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.390 of 2017 GA No.2728 of 2017 In CS No.151 of 2017 DELTA INTERNATIONAL LIMITED & OTHERS -VERSUSSMT. NUPUR MITRA & OTHERS For the Appellants: Mr Ranjan Deb, Sr Adv., Mr Kunal Gupta, Adv., Mr Rohitendra Chandra Deb, Adv., Mr Meghajit Mukherjee, Adv., Ms Shivangi Thard, Adv. Hearing concluded on: August 23, 2017. Date: August 28, 2017. SANJIB BANERJEE, J.: This is one of the rare appeals that has had to be heard and dealt with without reference to the respondents since the respondents had no right of audience at the stage that the order impugned was passed on July 24, 2017 in course of the trial court considering the appellants prayer for granting leave under Clause 12 of the Letters Patent. The leave sought was declined on the ground that the court did not have any jurisdiction to entertain the suit; not on the ground of terr...

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Aug 28 2017 (HC)

Sps Steels Rolling Mills Limited Vs. Allahabad Bank

Court : Kolkata

ORDER SHEET GA No.2858 of 2017 With CS No.182 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SPS STEELS ROLLING MILLS LIMITED Versus ALLAHABAD BANK BEFORE: The Honble JUSTICE SOUMEN SEN Date : 28th August, 2017. Appearance: Mr.S.K.Kapur, Sr.Adv.Mr.Pratap Chatterjee, Sr.Adv.Mr.Joy Saha, Sr.Adv.Mr.Ravi Kapur, Adv.Mr.O.N.Rai, Adv.The Court : The plaintiff is engaged in the business of production of steel and similar commodities. The plaintiff claims to have substantial goodwill in the market in respect of its products, particularly the TMT Bars manufactured at its factories. The plaintiff for the purpose of carrying on its business has availed various credit facilities from various banks. In couRs.of time the number of lender banks increased and a consortium of them came to be formed that included seven several banks besides the Allahabad Bank who is the lead banker of the said consortium. The plaintiff claims that due to unforeseen circumstances,...

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Aug 25 2017 (HC)

... Plaintiff Vs. Abhay Singh Surana and Ors.

Court : Kolkata

-1IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A. No.113 of 2016 In C.S. No.48 of 2013 Hem Prakash Surana ... Plaintiff -VersusAbhay Singh Surana & Ors. ... Defendants/ Proforma-Defendant BEFORE: THE HONBLE JUSTICE SAHIDULLAH MUNSHI August 25, 2017. Mr. Anirban Roy, Adv. Mr. Soumabho Ghosh, Adv. for the plaintiff Mr. Sayantan Bose, Adv. Mr. Rudrajit Sarkar, Adv. for the defendant no.1 Mr. Dibyendu Chatterjee, Adv. for the defendant no.2 Mr. Sakya Sen, Adv. for the defendant no.4 Mr.Pranit Bag, Adv. Mr. Sunny Nandy, Adv. for proforma-defendant no.5 -2- The Court : This G.A. No.113 of 2016 has been filed by the added defendant no.4 praying for framing an issue with regard to maintainability of the suit as referred to in paragraph 35 of the said petition so that the same can be decided as a preliminary issue. Paragraph 35 is quoted below : Your petitioner thus submits that the issue whether the suit filed is maintainable at the instance of the pl...

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Aug 24 2017 (HC)

Jaishree Steels Private Limited and Anr. Vs. State Bank of India and O ...

Court : Kolkata

ORDER SHEET WP No.481 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAISHREE STEELS PRIVATE LIMITED & ANR. VERSUS STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th August, 2017. Appearance: Mr.Anindya Mitra, Sr.Adv.Mr.Abhrajit Mitra, Sr.Adv.Mr.Anirban Ray, Adv.Mr.Pritviraj Sinha, Adv.Ms.Anamika Pandey, Adv.Ms.Amrita Pandey, Adv.For the petitioneRs.Mr.Subrata Kumar Sinha, Adv.For the respondent Nos.1 and 2 Mr.Pratap Chatterjee, Sr.Adv.Mr.Debajyoti Dutta, Adv.Mr.Rishad Medora, Adv.Mr.Soumava Mukherjee, Adv.Mr.Makhan Roy, Adv.For the respondent No.4. The Court:- The challenge in this writ petition is directed towards an invitation of bids for taking over the management of Rohit Ferro-Tech Limited, the respondent No.3 herein. Learned Senior Advocate for the petitioners submits that, the bidding process contemplates invocation of Swiss Challenge Method (SCM).which is unusual. He submits that, the various clauses of the bi...

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Aug 23 2017 (HC)

Bengal Waterproof Limited Vs. Bengal Rubber Company Limited and Others

Court : Kolkata

ORDER GA No.2485 of 2017 CS No.161 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction BENGAL WATERPROOF LIMITED Versus BENGAL RUBBER COMPANY LIMITED & OTHERS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 23rd August 2017. Appearance: Mr.Anindya Kr. Mitra, Sr.Advocate Mr.Jishnu Saha, Sr.Advocate Mr.Rudraman Bhattacharya, Advocate Mr.Prithviraj Sinha, Advocate Mr.Ishan Saha, Advocate Mr.Devajyoti Bhattacharya, Advocate Mr.Surajit Sen, Advocate ...for the petitioner. Mr.Ratnanko Banerjee, Sr.Advocate MRS.Lopita Banerjee, Advocate Mr.R.N. Vyas, Advocate ...for respondent Nos.1 and 3. Mr.Surajit Nath Mitra, Sr.Advocate Mr.S.K. Kanodia, Advocate Ms.Sananda Mukhopadhyay, Advocate ...for respondent Nos.2, 5, 6, 7 and 8. The plaintiff has filed this action for infringement of the trade mark Duckback. The plaintiff is a pioneer in manufacturing waterproof products like gumboots, raincoats, rubber cloths and the like. The plaintiff was established in the year 1920 by renow...

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