Kolkata Court May 1988 Judgments
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Srigopal Bagla Vs. Bhawani Sankar Santhalia
Court: Kolkata
Decided on: May-04-1988
Reported in: (1988)2CALLT322(HC)
Monoj Kumar Mukherjee, J.1. The petitioner obtained a decree for Rs. 20,811.75 p. against the opposite party and put it into execution. In the execution case (Commercial Execution No. 26/81) he filed an application on February 27, 1984 stating that the opposite party had paid him Rs. 15,000 on September 2, 1983 and praying for necessary orders for recovery of the balance. The opposite party in his turn filed an application under Section 47 of the Code of Civil Procedure ('Code' for short), which was registered as Misc. Case No. 477/88, contending that the above sum of Rs. 15,000 was paid in full satisfaction of the decree and praying for striking out the execution case. After hearing the parties the learned Judge allowed the Misc. Case and aggrieved thereby the petitioner has filed this revisional application.2. Having perused the impugned order in the light of the relevant statutory provisions, we are constrained to say that the same is patently illegal and unsustainable. Admittedly t...
Black Diamond Beverages Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: May-04-1988
Reported in: 1988(18)ECC16,1988(18)LC556(Calcutta),1988(36)ELT225(Cal)
Bhagabati Prasad Banerjee, J.1. This writ application was moved by the petitioner for a declaration that Central Excise Notification No. 203/87, dated 9th September, 1987 issued in exercise of powers conferred by Rule 57A of the Central Excise Rules, 1944 whereby the Central Government made amendment in the notification of the Government of India and the Ministry of Finance (Department of Revenue) No. 177/86-Central Excise, dated 1st March, 1986 whereby the benefit of Modified Value Added Tax (referred to as MODVAT) system to aerated waters was withdrawn.2. The fact of this case in short is that the petitioners are manufacturers of aerated waters viz. 'Gold Spot', 'Limca', Thums Up', 'Rim Zim' and 'Bisleri Soda' which are manufactured in the factory of the petitioners at Calcutta. It is stated that the petitioner company is manufacturing aerated waters on the basis of raw materials supplied by M/s. Parle (Exports) Private Ltd.3. Aerated waters, as excisable commodity was brought under ...
Samarjit Ghose Vs. Aswini Kumar Mitra
Court: Kolkata
Decided on: May-03-1988
Reported in: (1988)2CALLT312(HC)
Samir Kumar Mookherjee, J.1. This is an application on behalf of the respondent in an appeal which had been disposed of by a learned Judge of this Court on 8th January, 1979 by a judgment in the absence of the respondent. It appears that the present application for recalling of the said judgment and for restoration of the appeal to its file for rehearing in accordance with law had been filed on 26th October, 1987. The successful appellant in the said aforesaid appeal having been served has appeared through his learned lawyer and has also affirmed an affidavit-in-opposition. On behalf of the respondent, apart from the affidavit-in-reply, Supplementary affidavit as also Supplementary Affidavit-in-Reply along with an application under Section 5 of the Limitation Act have been filed.2. Appearing in support of the application, Mr. Ganguly has specifically assumed the entire responsibility for his nonappearance on the date the Second Appeal stood disposed of ex parte as also the liability to...
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