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Apr 17 2003

Bhagwati Prasad Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Apr-17-2003

Subject : Customs

Acts : General Clauses Act - Section 27; ;Customs Act, 1962 - Sections 110, 110(1), 110(2), 124 and 153

Reported in : (2003)184CTR(Cal)12

Advocate for Respondent : Shibdas Banerjee, ;Biswanath Samaddar and ;Mintu Kumar Goswami, Advs.

D.K. Seth, J.1.A very interesting but short question has been raised by Mr. Pranab Kumar Dutta, learned counsel, appearing for the appellant. Some goods were seized from the petitioner/appellant on 27th Feb., 2001. A notice under...

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Mar 25 2003

K.M. Construction Vs. the Eastern Railways

Court : Kolkata

Decided on : Mar-25-2003

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 5, 8, 11, 11(1) and 12; ;Arbitration and Conciliation Act, 1996 - Section 11

Reported in : (2003)3CALLT448(HC)

Advocate for Respondent : Biswanath Samaddar and ;D. Basu Mallick, Advs.

ORDERA.K. Bisi, J.1. The petitioner M/s. K.M. Construction has filed the instant application under Sections 5, 11 and 12 of the Arbitration Act, 1940 (hereinafter referred to as the Act) making following prayers:'(a) Leave be granted...

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Apr 23 2001

Sankar Nath Das Vs. Union of India and ors.

Court : Kolkata

Decided on : Apr-23-2001

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14, 16, 19, 21 and 226; ; United Bank of India (Employees Pension) Regulations, 1995 - Regulations 3, 3(1), 3(2), 3(4) and 26; ; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Sections 19, 19(2) and 304

Reported in : (2001)3CALLT49(HC)

Advocate for Respondent : Mr. M.B. Sircar, ; Mr. Biswanath Samaddar, ; Mr. Hirak Mitra and ; Mr. Rameswar Bhattacharya, Advs.

M.H.S. Ansari, J.1. The grivence of the petitioners 19 in number in the instant writ petition is against the clarificatory order issued by the Central Government being annexure 'F' at pg. 63 of the writ petition,...

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Jun 24 2004

Saturday Club Ltd. Vs. Asstt. Commr., Service Tax Cell

Court : Kolkata

Decided on : Jun-24-2004

Subject : Service Tax

Acts : Finance Act, 1994 - Section 65; ;Constitution of India - Article 226

Reported in : (2005)1CALLT575(HC),2005(180)ELT437(Cal),2006[3]STR305

Advocate for Respondent : D.K. Shome and ;B. Samaddar, Advs.

Amitava Lala, J. 1. This writ petition has been made by the Saturday Club Limited, a well-known club of the city of Calcutta (Kolkata) by the pen of the then Secretary and authorised representative of the...

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Jul 27 2001

Chandraprabhu International Ltd. Vs. Commissioner of Customs, Kolkata ...

Court : Kolkata

Decided on : Jul-27-2001

Subject : Civil

Acts : Constitution of India - Articles 14, 16, 21 and 226; ;Calcutta High Court Original Side Rules - Rules 26 and 28; ;Code of Civil Procedure (CPC), 1908 - Section 148A

Reported in : (2001)3CALLT29(HC),2003(159)ELT39(Cal)

The Court 1. This is an application for setting aside and/or recalling of order dated 28th May 2001 passed by me in writ petition being No. 1047 of 2001. The impugned order was passed admittedly ex-parte....

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Sep 04 1997

Amit Kumar Agarwalla and ors. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Sep-04-1997

Subject : ConstitutionCriminal

Acts : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 3(3); ;Customs Act; ;Constitution of India - Articles 22, 22(5) and 226

Reported in : 1998CriLJ974

Advocate for Respondent : Biswanath Samaddar and ;Sudip Kumar, Advs.

ORDER1. All these four applications being inter-related were taken up for hearing together and are being disposed of by this common judgment.2. The writ application being W. P. 16143(W) of 1997 was filed by Ajit Kumar...

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Nov 24 2003

Satish Kapur Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Nov-24-2003

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 154, 217, 246, 246(1), 253, 253(1), 271(1), 273A and 273A(4); ;Constitution of India - Article 226

Reported in : (2004)187CTR(Cal)109,[2004]265ITR673(Cal)

Advocate for Respondent : Biswanath Samaddar, Adv.

Aloke Chakrabarti, J.1. This is an appeal filed against the judgment and order passed on November 28, 2001, by the learned single judge deciding the Writ Petition No. 428 of 1997 (Satish Kapoor v. CIT :...

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Aug 17 2004

Oriental Tiles Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Aug-17-2004

Subject : CustomsExcise

Acts : Custom Tariff Act, 1975; ;Central Excise Act, 1944 - Section 3

Reported in : 2005(180)ELT316(Cal)

Advocate for Respondent : Pradip Ghose, Sr. Adv., ;Biswanath Samaddar and ;R.K. Gupta, Advs.

Kalyan Jyoti Sengupta, J.1. By this application the writ petitioners in substance want a declaration that additional duty equal to excise duty is not leviable on imported marble materials under the provision of the Custom Tariff...

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Feb 13 2002

Tata Iron and Steel Co. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Kolkata

Decided on : Feb-13-2002

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11 and 14; ;Constitution of India - Articles 14, 19, 21 and 226

Reported in : (2002)3CALLT145(HC),2002(146)ELT522(Cal)

Advocate for Respondent : Pradip Kr. Ghosh, Sr. Adv., ;Biswanath Samaddar and ;Mintu Goswami, Advs.

A. Lala, J.1. This writ petition is made, inter alia, praying relief in the nature of writ of mandamus commending the respondents, their servants, agents, subordinates and/or assigns to act and proceed in accordance with law...

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Mar 11 2003

Shaw Wallace and Co. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Mar-11-2003

Subject : CivilDirect Taxation

Acts : Income-tax Act, 1961 - Section 226(3)

Reported in : (2003)181CTR(Cal)290,[2003]262ITR528(Cal)

Advocate for Respondent : Pradip Ghosh, ;Biswanath Samaddar and ;Anil Kumar Gupta, Advs.

D.K. Seth, J. 1. A notice under Section 226(3) of the IT Act, 1961 (Act), issued by the Tax Recovery Officer, Delhi (TRO), has since been challenged by the petitioners/appellants herein. Initially this Court remitted the...

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