Kolkata Court August 1996 Judgments
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Suresh Kumar Balani and Champalal Purohit Vs. Assistant Commissioner o ...
Court: Kolkata
Decided on: Aug-08-1996
Reported in: (1997)1CALLT188(HC)
Arun Kumar Dutta, J. 1. These two writ petitions under Article 226 of the Constitution of India, being C.O. Nos. 1761(W) and 1762(W) of 1996, involving common questions of facts and law and raising common issues, heard together on a number of days, are taken up together for disposal by this common Judgment & Order. 2. Sri Suresh Kumar Balani (hereinafter referred to as Balani) is the Petitioner in C.O. No. 1761 (W) of 1996, Sri Champa Lal Purohit (hereinafter referred to as Purohit) is the petitioner in C.O. No. 1762(W) of 1996. They both have prayed the court for A writ of and/or order and/or direction in the nature of Mandamus commanding the respondents to forthwith issue the required TRA in favour of your petitioner against the said Import Licence dated 5.1.95 bearing No. P/K/2282485/C/XX/ 02/35/94 so as to cover all imports at the Port of Madras and to act according to law', along with the other reliefs prayed for therein, for the reasons stated and on the grounds made out in their...
Snehangshu Majumdar and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-07-1996
Reported in: (1998)3CALLT234(HC)
R. Pal, J. 1. The writ petitioners claim to have been carrying on thebusiness of brick manufacturing business under the name of 'Raja Brick Field' in lands within the Police Station of Hasnabad since 1985. They have challenged at FIR dated 5.10.93 lodged by the BL & LRO in the Hasnabad Police Station in which it has been alleged inter alia that the petitioners had unauthorisedly converted the character of land and extracted and removed brick earth without any quarry permit and without payment and were liable to prosecution under section 40 of the Land Reforms Act, 1955. Rule 30 of the West Bengal Minor Minerals Rule. 1973. section 21(1), 21(2) of the Mines and Minerals (Regulation and Development) Act, 1957 and sections 290/379/ 447 of the Indian Penal Code. An interim order was passed on 14.10.93 inter alia restraining the respondents from arresting the petitioners and also restraining the respondent authorities from interfering with the business of the petitioners. This interim order...
Rishi Gases Pvt. Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Aug-06-1996
Reported in: 1997(94)ELT50(Cal)
ORDERTarun Chatterjee, J.1. In this writ application the writ petitioner has come up to this Court for a direction upon the respondents and their servants and/or their agents to refund forthwith a sum of Rs. l,64,963.33p. with interest to the petitioner being the amount of duty, fine and penalty wrongfully collected from him and for other incidental reliefs. The writ petitioner filed a bill of entry for clearance of certain goods under cover of invoice No. 83/P.G.-45, dated May 18,1983 declaring the value totalling to 14,840 (GIF Calcutta). They also claimed that the goods were covered by O.G.L. as per Appendix No. 10, Serial No. 1 of ITC Policy AM '83 as components for manufacture of Air Separation Plant at their factory. The Collector who adjudicated the proceeding based upon the examination report of the Machinery Export Appraiser and report of M/s. A.G.A. Industrial Gases Ltd., U.K. observed that these goods were old, used and second hand and capital goods and import on such amount...
Cycle Corporation of India Ltd. (Raleigh Division) Employees Union and ...
Court: Kolkata
Decided on: Aug-05-1996
Reported in: (1996)IIILLJ1183Cal
A.K. Chakravarty, J.1. This writ application is directed against a decision of the Respondent Company to effect deduction of Rs. 250/- from the salary and wages of their workmen, represented the petitioners Trade Unions.2. The facts of the case are as follows :--Respondent No. 1 is a giant public sector undertaking, formed pursuant to the vesting in the Central Government the undertakings of two public limited companies, namely, Hind Cycle Ltd. and Sen Raleigh Ltd. under the provisions of Industries (Development and Regulation) Act, 1951 and thereafter by an Act of Parliament Hind Cycle Ltd. and Sen Raleigh Ltd. (Nationalisation) Act 1980. The total number of workers and staff employed in Respondent No. 1 Company is approximately 1,800 and all of them are members of either of the three Trade Unions, being the petitioner Nos. 1,2 and 3 which are all registered under the Trade Unions Act and recognised by the Management of Respondent No. 1. There is a joint consultative body called Calcu...
D.K. Corporation Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-01-1996
Reported in: 1996(88)ELT330(Cal)
ORDERTarun Chatterjee, J.1. In this writ petition, the writ petitioner has come up to this Court for a direction on the respondents to grant clearance of the subject goods comprising 18.75 Metric Tonnes presently lying in West Bengal State Warehousing Corporation upon payment of the assessed customs duty thereon and for other incidental reliefs.2. In or about 1986, the writ petitioner, D.K. Corporation, which is a sole proprietary concern having its business at 72/74 Kika Street, Gulalwadi, Bombay-400 004, entered into an agreement with one M/s. Enfield Steel Corporation of London, U.K. to purchase 500 Metric Tonnes of stainless steel Mother Tubes/pipes. The shipment of the subject goods commenced from July, 1986 and part-shipment and transhipment were allowed and permitted. According to the writ petitioner for the purpose of and in connection with the importation of the subject goods under the contract dated 22nd January, 1986, the writ petitioner acquired valuable rights and benefits...
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