Kolkata Court January 2013 Judgments
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Turner Morrison Ltd Vs. the Calcutta Stock Exchange Association Ltd
Court: Kolkata
Decided on: Jan-04-2013
1 ORDER SHEET G.A.No.3352 of 2012 APOT No.518 of 2012 CS No.29 of 2004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TURNER MORRISON LTD Versus THE CALCUTTA STOCK EXCHANGE ASSOCIATION LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :4. h January, 2013. Appearance: Mr.Joy Saha with Mr.Sakya Sen, ld. Advocates For the appellant. Mr.Samit Talukdar with Mr.A.Mitra, ld. Advocates For the respondent. The Court :- This appeal would be heard. Mr.Aniruddha Mitra, learned Counsel appearing for the respondent submits that the respondent has already paid the occupation charges upto December 31, 2012. The appellant is given liberty to appropriate the same without prejudice to its rights and contentions in the appeal. His client also undertakes to pay the rent for the month of January, 2013 and intends to vacate the premises on or before February 01, 2013. The landlord appellant is free to take over possession of the said possession p...
Union of India and anr. Vs. M/S. G.B. Trading
Court: Kolkata
Decided on: Jan-04-2013
AP No.344 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA & ANR. Versus M/S.G.B.TRADING Appearance Mr.S.Talukdar, Adv.Mr.Srijib Chakraborty, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2013. The Court : The railways complain of an unreasoned award favouring a scrap dealer with a rather astounding order. The respondent was the successful purchaser of scrap weighing about 202.418 MT. The respondent refused to pay the balance sum and lift the goods on the ground that there was a difference of a kilogram in the measurement of weight. In other words, the respondent complained of an error in the third place to the right of the decimal point in the unit in which the weight was expressed. The respondent lodged a claim on the railways upon the goods being sold to another. The arbitrator was appointed departmentally and in the six pages covering the arbitral award, only the following is shown by the respondent to be ...
Bristol Petroleum Pvt.Ltd Vs. the Union of India and ors.
Court: Kolkata
Decided on: Jan-04-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.728 of 2012 GA No.2873 of 2012 BRISTOL PETROLEUM PVT.LTD Versus THE UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date :4. h January, 2013. For Petitioner : Mr.P.K. Roy, Advocate For Respondent : Mr.Joydeep Kar with Mr.N.Sengupta, Advocates The Court : None appears on second call. The writ petition is dismissed for default. (DIPANKAR DATTA, J.) LATER: On the prayer of Mr.Roy, learned Advocate appearing for the petitioner, the unsigned order dismissing the writ petition for default, stands recalled. Hearing of the writ petition is taken up. After hearing has progressed to some extent, Mr.Roy expresses his inability to assist the Court effectively in the absence of requisite books and journals. Mr.Kar, learned Advocate appearing for the Port Trust, points out that since it had defaulted in filing the counter affidavit on time, an interim order was made. He submits that since t...
The Commissioner of Central Excise Vs. M/S. Surendra Tobacco
Court: Kolkata
Decided on: Jan-04-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (CENTRAL EXCISE) ORIGINAL SIDE CEXA 2 OF 200.GA 12.of 2009 THE COMMISSIONER OF CENTRAL EXCISE Versus M/S.SURENDRA TOBACCO BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE MRINAL KANTI SINHA Date :4. h January, 2013. Ms.Sampa Sarkar, Advocate for appellant. Mr.Ramesh Chowdhury, Advocate for respondent The Court :- The subject matter of challenge in this application is an order dated 25.6.2008 passed by the learned Tribunal affirming the order of the lower appellate authority. The lower appellate authority appears to have applied the formula of average whereas the Additional Commissioner refused to apply the formulae of average for the following reasons ;9.4.4. By applying the average method of calculation for production of Tobacco dust as well as Gudakhu, the Ld. Advocate has reached at an unrealistic situation where the assessee has claimed to have paid more duty from PLA inspite of making clandestine re...
M/S. Cycom Technologies Vs. the Cheif General Manager, B.S.N.L
Court: Kolkata
Decided on: Jan-04-2013
AP No.257 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.CYCo.TECHNOLOGIES Versus THE CHEIF GENERAL MANAGER, B.S.N.L BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2013. Appearance: Ms.Dipti Bhattacharyya, Adv..For the petitioner The Court : The respondent is not represented even at the second call. The petitioner challenges an award passed by a departmental arbitrator on the ground that it is opposed to public policy and the arbitrator failed to take into account the petitioners grievance that the action of BSNL was contrary to the principles of natural justice. The award of June 15, 2005 is short but covers the vital areas of dispute. BSNL had appointed the petitioner as an authorised agent for promoting several services introduced by BSNL. Clause 8 of the agreement of June 15, 2001 provided that the petitioner would be eligible for renewal of the agency at the end of each financial year subject to the satisfactory fulfil...
Union of India Vs. M/S. R. D. Mishra and Sons
Court: Kolkata
Decided on: Jan-04-2013
GA No.274 of 2006 AP No.34 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA Versus M/S.R.D. MISHRA & SONS Appearance Mr.Animesh Kanti Ghoshal, Sr.Adv.Ms.Chandramala Mukherjee, Adv.Mr.Kallol Kr. Maity, Adv.Petitioner BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2013. The Court : The respondent is not represented even at the second call. Though a copy affidavit-in-opposition has been forwarded to the petitioner, no affidavit appears in the records. In view of the good grounds shown, the marginal delay in filing the petition beyond the period of three months but within the extended period of a further 30 days thereafter, is condoned. In this petition under Section 34 of the Arbitration and Conciliation Act, 1996, the railways have challenged the award of a sum of about Rs.2.79 lakh under the fiRs.head of claim and the award of interest during the period that the reference was pending. The petitioner contends that th...
State of West Bengal Vs. Tapas Hazra and Development Concern
Court: Kolkata
Decided on: Jan-04-2013
AP No.323 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction STATE OF WEST BENGAL Versus TAPAS HAZRA & DEVELOPMENT CONCERN BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :4. h January, 2013. Appearance: Mr.Sakya Sen, Adv.Ms.Sumitra Mukherjee, Adv.The Court : The State makes this case out to be another fraudulent attempt by a contractor to foist a liability on the State without any justification. The contractor was awarded a work order following a tender process but nothing happened thereafter since, by virtue of orders of this Court passed in proceedings under Article 226 of the Constitution of India, the entire process apparently remained arrested. The contractor was awarded a work order on February 19, 1996 and rather than the contractor putting in the security deposit along with the earnest money already tendered at the time of making the offer, the contractor withdrew the earnest deposit in July of 1996. But such matter need not be conclusively dealt with ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-04-2013
CA No.61 of 2012 CP No.91 of 1973 CA No.562 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE In the matter of: NATABAR DUTTA PROPERTIES (P) LTD.(IN LIQN.) Appearance: Mr.P.K.Dutta, Sr.Adv.Mr.Dhruba Ghosh, Adv.Mr.Mainak Bose, Adv.Mr.Aniruddha Roy, Adv.Mr.S.K.Das, Adv.Mr.Jishnu Chowdhury, Adv.Mr.Kuldip Mullick, Adv.Mr.Rajesh Upadhyay, Adv.Ms.Smita Das De, Adv.Ms.Iti Dutta, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : January 4, 2013. The Court : The matter has been adjourned from time to time for sale of various properties of the company (in liquidation).The company was family run and owned and several heirs of the original contributories are represented. One of the properties which was not occupied has been sold. The other properties are occupied either by family members by virtue of orders passed by Court or as rank trespassers or by outsiders and family members as tenants or heirs of tenants. Pitiable offers have been received for the sale of the pro...
Vs. Commissioner of Customs (Airport and Administration) and ors.
Court: Kolkata
Decided on: Jan-04-2013
ORDER SHEET W.P.No.1080 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE INDIA MERCANTILE AGENCY & ANR. Petitioners Versus COMMISSIONER OF CUSTOMS (AIRPORT & ADMINISTRATION) & ORS.Respondents BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date :4. h January, 2013. For Petitioners : Mr.S.N.Bhattacharyya, Adv.For Respondents : Mr.P.K.Roy with Mr.S.K.Saha, Adversus This writ application has been filed inter alia challenging CHA Order No.06/2012 whereby the Customs House Agents License No.1-20 held by the petitioner No.1, M/S.India Mercantile Agency, has been suspended with immediate effect, in exercise of power under Regulation 20(2) of the Customs House Agents Licensing Regulations, 2004, hereinafter referred to as CHALR, 2004. The charges against the petitioners are serious. The Directorate of Revenue Intelligence has booked a case of fraudulent export of misdeclared goods under a Duty Drawback Scheme against two exporteRs.namely M/S.Krish Export and...
M/S Sunrise Food Products Pvt. Ltd Vs. the Commissioner Commercial Tax ...
Court: Kolkata
Decided on: Jan-04-2013
ORDER SHEET W.P.No.862 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S SUNRISE FOOD PRODUCTS PVT.LTD Versus THE COMMISSIONER COMMERCIAL TAX & ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date :4. h January, 2013. Appearance : Mr.S.Chakraborty, Advocate for petitioner. Mr.A.Majumder,Advocate Mr.S.Mookerji,Advocate. for respondents. The Court : In the writ petition, the petitioner, a company limited by shares and dealing with selling of spice and edible oil and other household materials, has prayed for a direction upon the respondents to provide Declaration Form-C for the period from January to March, 2008 regarding the articles purchased as it has been submitted that the company has been let down due to the negligence on part of the Chief Accountant of the writ petitioner. I find that the petitioner had filed necessary application for the grant of said Form-C before the Sales Tax Officer, Commercial Tax, Directorate of Commercial Tax, the respon...