Kolkata Court May 2012 Judgments
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Amarnath Banerjee Vs. Commission of Central Excise, Kol
Court: Kolkata
Decided on: May-07-2012
WP No.525 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMARNATH BANERJEE -VersusCOMMISSION OF CENTRAL EXCISE, KOLIII Appearance: Mr.J.P.Khaitan, Sr.Adv...for the petitioner. Mr.R.Bharadwaj, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 7, 2012. The Court : The writ petitioner assails an order passed by the tribunal under Section 35-F of the Central Excise Act, 1944 in not dispensing with the statutory pre-deposit for an appeal being heard out. principal The grievance of the petitioner is that the ground urged on the merits of the appeal was not considered even on prima facie basis by the tribunal despite the tribunal recording the argument in such regard made by the petitioner. The petitioner appears to be a manufacturer of plastic bags. Following authorities, it an was enquiry discovered or investigation that manufactured by the plastic excise bags, which were subject to excise duty, had left the manufacturing...
Leila Passah Vs. Ms. Margaret Madeira and ors.
Court: Kolkata
Decided on: May-07-2012
ORDER SHEET GA No.1128 of 2012 CS No.133 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LEILA PASSAH Versus Ms.MARGARET MADEIRA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :7. h May, 2012. Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Raja Basu Chowdhury, Advocate Mr.R.N.Bhattacharya, Advocate for the plaintiff Mr.Ranjan Bachawat, Advocate Mr.Debnath Ghosh, Advocate Mr.Bimalendu Das, Advocate Ms.S.Das, Advocate for the defendant Nos.1, 2, 3, 6 & 8 Mr.Basudeb Biswas, Advocate Mr.Partha Mukherjee, Advocate for the defendant Nos.9, 10 & 11 The Court: Let this application be relisted on 15th May, 2012. I have considered the report of Mr.D.K.Shome, Special Officer, dated 19th April, 2012. Considering the report and after hearing the submissions of the parties, I am of the prima facie opinion that the accounts room, for the time being should be in the possession of the Special Officer. I direct the 1st, 3rd, 6th & 8th defendants to reinstall...
Appellant Vs. Respondent
Court: Kolkata
Decided on: May-07-2012
ORDER SHEET CA NO.668 OF 201.BIFR NO.65 OF 198.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : BIHAR STATE FINANCIAL CORPORATION AND KUMARDHUBI FIRE CLAY & SILICA WORKS LTD.(IN LIQN.) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :7. h May, 2012. MR.S.C.PRASAD, ADVOCATE FOR PETITIONER MR.MUKTI GHOSH, MS.MITHUA SEN ADVOCATES FOR OFFICIAL LIQUIDATOR MR.S.K.SINHA, ADVOCATE FOR STATE BANK OF INDIA The Court : The present application is belated and utterly misconceived. The Bihar State Financial Corporation has lodged an appeal following the Official Liquidator having rejected a substantial part of its claim. The present application has been filed in the year 2011 when the rejection of the claim took place by a letter of the Official Liquidator dated September 19, 2005. The Official Liquidator applied by way of a letter for directions to the company court for declaring and making payment of dividend to the 1572 workmen of the company in liquidation an...
Vs. HanjIn Shipping Company Limited and ors.
Court: Kolkata
Decided on: May-07-2012
ORDER SHEET C.S.No.286 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A. TOSH & SONS (INDIA) LIMITED Plaintiff Versus HANJIN SHIPPING COMPANY LIMITED & ORS.Defendants BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date :7. h May, 2012. For Plaintiff : Mr.Ravi Kapoor, Mr.Subhasis Sengupta and Ms.Kamalika Bhattacharjee, Advocates For Defendant No.1: Mr.S.K.Das, Advocate The Court : Learned counsel appearing for the plaintiff submits that the defendant no.2 had entered appearance and filed an application praying for extension of time to file written statement. That application was entertained. Time was extended and even then no written statement was filed on behalf of the defendant no.2. None appears to represent the defendant no.2. Learned Advocate appearing for the defendant no.1 files suggested issues but the same appears to be too much lengthy. Suggested issues by the defendant no.1 must be filed in proper form on the date fixed. It appears from a...
M/S. Msp Steel and Power Ltd. Vs. M/S. Trivent Infrastructure Developm ...
Court: Kolkata
Decided on: May-07-2012
GA No.583 of 2011 CS No.176 of 2010 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE M/S.Ms.Steel & Power LTD.Versus M/S.Trivent Infrastructure Development Co.LTD.Before: The Honble Justice I.P.MUKERJ.Date:7. h May 2012 Appearance: Mr.D.N. Sharma, Advocate for the petitioner This is the second judgment upon admission application. The fiRs.was of 2010 and numbered as GA No.2112 of 2010. On 23rd August 2010 a judgment and decree was passed in terms of prayer (a) of the Notice of Motion. It was decreed for a principal sum of Rs.1,14,80,776. The defendant had not appeared. Thereafter the plaintiff realised that a copy of the application had not been served on the registered address of the defendant, but at some other address. They approached this Court for remedy by filing another application. It was numbered as GA No.583 of 2011. They asked the Court to recall the judgment and decree dated 23rd August 2010. The Court passed the order dated 28th February 201...
Oriental Civil Engg. Co. Ltd. (In Liqn.) Vs. Sree Ram Bagla and ors.
Court: Kolkata
Decided on: May-07-2012
IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of :CA No.473 of 2009 CP No.374 of 2003 ORIENTAL CIVIL ENGG. Co.LTD.(IN LIQN.) Versus SREE RAM BAGLA & ORS.& In the matter of :CA No.484 of 2010 CP No.374 of 2003 ORIENTAL CIVIL ENGG. Co.LTD.(IN LIQN.) Versus THE OFFICIAL LIQUIDATOR, ATTACHED TO THE ORIENTAL CIVIL ENGG. Co.& In the matter of :CA No.66 of 2012 CP No.374 of 2003 ORIENTAL CIVIL ENGG. Co.LTD.(IN LIQN.) And Mr.ASHISH KUMAR BAGLA versus THE OFFICIAL LIQUIDATOR & CA No.67 of 2012 CP No.374 of 2003 ORIENTAL CIVIL ENGG. Co.LTD.(IN LIQN.) And Mr.TOLARAM JALAN versus THE OFFICIAL LIQUIDATOR & CA No.74 of 2012 CP No.374 of 2003 ORIENTAL CIVIL ENGG. Co.LTD.(IN LIQN.) And RAM KRISHNA KAJARIA versus THE OFFICIAL LIQUIDATOR & CA No.75 of 2012 CP No.374 of 2003 ORIENTAL CIVIL ENGG. Co.LTD.(IN LIQN.) And RAM KRISHNA KAJARIA versus THE OFFICIAL LIQUIDATOR & CA No.114 of 2012 CP No.374 of 2003 ORIENTAL CIVIL ENGG. Co.LTD.(IN LIQN.) And K. RAGHAVENDRA RAO versus THE OFFICIAL...
Vs. the Kolkata Municipal Corporationand ors..
Court: Kolkata
Decided on: May-07-2012
1 ORDER SHEET W.P.No.1414 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TRUST ESTATE KHIMJ.KESHAWJ.& ANR.Petitioners .Respondents Versus THE KOLKATA MUNICIPAL CORPORATION & ORS BEFORE: The Hon'ble JUSTICE JOYMALYA BAGCHI Date :7. h May, 2012. Mr.Sakya Sen, Advocate with Mr.Suvadeep Sen, Advocate for the Petitioners Mr.Pranab Kumar Dutta, Advocate with Mr.Amar Mitra, Advocate for KMC The Court : This writ petition has been taken out by the petitioneRs.inter alia, challenging two notices, namely, notice under section 258 read with section 558 of the Kolkata Municipal Corporation Act, 1980 (hereinafter referred to as the Act of 1980).inter alia, calling upon the writ petitioner No.1 to rectify the defects in the water supply pipes/water fittings in the premises in question and notice under section 238 read with section 271 of the Act of 1980 wherein the writ petitioner No.1 has been directed to desist from using or allowing to be used water supply at...
Sanghamitra Mukherjee (Chakladar) Vs. Smt. Kabita Sit and ors
Court: Kolkata
Decided on: May-07-2012
ORDER SHEET APO No.343 of 2011 W.P.No.1551 of 2006 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO No.344 of 2011 W.P.No.1551 of 2006 Sanghamitra Mukherjee (Chakladar) -vsSmt. Kabita Sit & Ors MANAGING COMMITTEE BEHALA SHYAMASUNDARI VIDYAPITH & ANR Plaintiff/Petitioner/Applicant Versus SMT. KABITA SIT & ORS Defendant/Respondent BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY The Hon'ble JUSTICE TARUN KUMAR DAS Date :7. h May, 2012. The Court :- Both the appeals arise out of the judgment and order dated May 20, 2011 passed by a learned Single Judge of this Court whereby and whereunder the said learned Judge finally disposed of the writ petition on merits. From the records we find that Smt. Kabita Sit, the writ petitioner, was suspended from the post of Head Mistress of Behala Shyamasundari Vidyapith in the year 1995. The disciplinary proceeding initiated by the Managing Committee of the School concerned against Smt. Sit was not concluded since the ext...
Sas Investments Fiduciary Ltd. Vs. the Official Liquidator, High
Court: Kolkata
Decided on: May-07-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE C.A.NO.654 OF 200.C.P.NO.553 OF 199.IN THE MATTER OF: BHARAT MARGARINE LTD.(IN LIQN.) AND IN THE MATTER OF : SAS INVESTMENTS FIDUCIARY LTD.Versus THE OFFICIAL LIQUIDATOR, HIGH COURT CALCUTTA & ORS.C.A.NO.410 OF 200.CP NO.553 OF 199.IN THE MATTER OF : BHARAT MARGARINE LTD.(IN LIQN.) AND SAS INVESTMENT FIDUCIARY LTD.Versus THE OFFICIAL LIQUIDATOR, HIGH COURT CALCUTTA & ANR. C.A.NO.515 OF 200.CP NO.553 OF 199.IN THE MATTER OF: ARUP KUMAR AGARWALA Versus BHARAT MARGARINE LTD.(IN LIQN.) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :7. h May, 2012. APPEARANCE: MS.ARUNA GHOSH,ADVOCATE FOR PETITIONER MS.RUMA SHIKDAR,ADVOCATE FOR OFFICIAL LIQUIDATOR MR.BIMAL CHATTERJEE, Sr.ADVOCATE, MR.DEEPNATH ROY CHOWDHURY, ADVOCATE FOR CREDITORS The Court : It is necessary that the orders sought on the application under section 466 of the Companies Act be advertised so that the contributories of the company in liquidation and a...
Unit Construction Co. Pvt. Ltd. Vs. State Bank of India and ors.
Court: Kolkata
Decided on: May-07-2012
ORDER SHEET TA NO.57 OF 201.CS NO.150 OF 201.CS NO.128 OF 201.TA NO.43 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNIT CONSTRUCTION Co.PVT.LTD.Versus STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :7. h May, 2012. Mr.Anindya Kumar Mitra, senior advocate, Advocate General, Mr.A.Mitra, Ms.R.Kajaria, Mr.J.Chowdhury, Mr.S.Ghoshappear. Mr.S.K.Sengupta, Mr.B.Dutt, Mr.S.Senguptaappear. Mr.R.Bhattacharyya, Mr.S.B.Sarafappear. The Court : Some very substantial points have been raised in this application. The first, on behalf of Union of India by Mr.Sengupta. He draws my attention to clause 25 of the contract between the parties which says that the disputes between them are to be resolved in arbitration. He submits that by virtue of that clause this suit and application are incompetent. Mr.A.K.Mitra, learned Advocate General submits that an application under Section 8 of the Arbitration and Conciliation Act, 1996 has not been fi...
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