Kolkata Court September 1994 Judgments
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Hindalco Industries Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Sep-07-1994
Reported in: 1994(74)ELT233(Cal)
Altamas Kabir, J.1. The petitioner No. 1 Company claims to be carrying on the business of manufacturing aluminium from bauxite ore at its factory at Renukoot in Sonbhadra District of Uttar Pradesh. According to the petitioners, the process of manufacture requires the use of pre-baked carbon anodes which are manufactured by the petitioner Company. Coal Tar Pitch is one of the raw materials which is required for manufacturing such anodes, and the same is largely imported by the petitioner Company from sources in Japan and Germany.2. According to the petitioners, customs duty is imposed on such import of Coal Tar Pitch, and at all material times there was an additional duty leviable by the customs authorities, commonly known as countervailing duty, which was equivalent to the excise duty chargeable under the Central Excise Tariff on similar goods manufactured in India.3. It appears that the relevant heading of the Central Excise Tariff is 27.08 and the relevant sub-headings are 2708.11, 2...
Sudeshna Kar Vs. Dr. Abhijit Kar
Court: Kolkata
Decided on: Sep-02-1994
Reported in: (1994)2CALLT472(HC),I(1995)DMC401
Ashok Kumar Chakravarty, J.1. This appeal is directed against the judgment and decree passed by the Ld. Additional District Judge, 11th Court, Alipore in Matrimonial Suit No. 13 of 1986.2. The husband-respondent filed the suit for divorce against the wife-appellant on the ground of cruelty. The husband is a N.V.S.C. and is in service in New India Insurance Company Ltd. The wife is a lecturer of Gokhale Memorial Girls' College. The marriage between the parties took place on 5.5.82. Husband's case was that there was some sort of feeling between husband and wife immediately after the marriage but it soon became bitter. The wife refused to accompany him to Patna where he was posted. The wife had no love and respect to the parents of the husband and used to despise them as they had little cultural background and came from an upstart family. The husband came to Calcutta on 1.8.83 on transfer and while he was living in his father's place at Park Circus she stayed there for a short while livin...
West Bengal National Volunteer Force Members Association Vs. State of ...
Court: Kolkata
Decided on: Sep-02-1994
Reported in: (1994)2CALLT374(HC)
Rabin Bhattacharyya, J.1. The petitioner, the West Bengal National Volunteer Force Members Association, has sought for relief in the Writ application on behalf of the members claiming, inter alia, for a mandamous commanding the respondents to show cause as to why the Annexure 'D' should not be set aside along with prayer for certiorari plus other incidental reliefs.2. The facts of the Writ application when brought to close reveal that the National Volunteer Force was set up and organised to aid the police during emergency by the citizens who were entitled to offer themselves to the emergency service.3. According to the crying need of the hour, the strength of the force was reinforced from time to time fixing the age limit initially up to 35 years which suffered relaxation for raising the age limit up to 50 years. It also under went a further change as manifest from the object and reason of Annexure 'A' appended to the petition by relaxing the age limit to 55 years. The benefit earned b...
Paresh Biswas and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-02-1994
Reported in: (1994)2CALLT345(HC)
Rabin Bhattacharyya, J.1. The instant Writ application is aimed at, inter alia, praying for issuance of a Writ of, or in the nature of mandamus directing the respondents to cancel, withdraw, revoke and to forebear from giving any effect to the impugned order of demobilisation of the respondent No. 2 commanding him to allot duties to the petitioners alongwith ancillary prayers for certiorari and for other consequential reliefs.2. The sensitive facts of the Writ application unfold the lone voyage of the petitioners in quest of natural justice, despite the loyal service rendered by them as Home Guard under the Magra Police Station, Dist. Hooghly. They fell prey to the whims, caprices and arbitrary action of the authorities where repeated representations by the petitioners craving for allotment of duties crowned no success, though packed with documents revealing the allotment of duties in their favour issued by the authorities. Even the letter of the D.M. Hooghly, under Memo No. 959 (20) G...
Collr. of C. Ex. Vs. Esbi Transmission Private Limited
Court: Kolkata
Decided on: Sep-01-1994
Reported in: 1997(91)ELT292(Cal)
ORDERPrabir Kumar Majumdar, J.1. This is an appeal from Judgment & Order dated 14-5-1992 passed by the learned Trial Judge on an application under Article 226 of the Constitution, made by the respondents challenging the show-cause notice dated 3-3-1992 as also the letter dated 9-3-1992 issued pursuant to the said show-cause notice which have been impugned in the writ proceedings. The learned Trial Judge allowed the writ application and quashed the show-cause notice dated 3-3-1992 and also the letter dated 9-3-1992 issued pursuant to the said show-cause notice.2. The respondents (hereinafter referred to as the writ petitioner) are the manufacturers of mechanical power transmission equipments including 'Vulkan' Diaphragm Couplings (Flexible) (hereinafter referred to as the said product). The writ petitioner is the registered proprietor of the trade mark 'Vulkan' duly registered under the Trade & Merchandise Marks Act, 1958, and possesses Registration Certificate No. 357127 dated 4-1-1980...
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