Kolkata Court November 2013 Judgments
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Sri Swadesh Ghosh Vs. Cesc Ltd.and ors.
Court: Kolkata
Decided on: Nov-13-2013
ORDER SHEET WP No.878 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.SWADESH GHOSH Versus CESC LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th November, 2013. Appearance: Mr.N.Ahmed, Adv.For the petitioner. Mr.Somnath Bose, Adv.For the respondents. The Court :- It appears from the order passed by the Honble Division Bench that the provisional assessment of Rs.2,27,527 is a subject matter of challenge before the Appellate Authority. The petitioner has challenged the ex parte order passed by the Assessing Officer dated 29th October, 2003 claiming that a sum of Rs.2,27,034/- and other charges are payable by the petitioner on the allegation of pilferage of electricity. There was some confusion with regard to the provisions applicable for filing the appeal. However, in view of the judgment of the Honble Division Bench, an appeal has been preferred in terms of Section 127 of the new Act. The petitioner states that in absence of raising a ...
Madhusri Konar Vs. Jaibhagaban Sharam @ J.B. Sharma and anr.
Court: Kolkata
Decided on: Nov-13-2013
ORDER SHEET GA No.1552 of 2013 CS No.160 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MADHUSr.KONAR Versus JAIBHAGABAN SHARAM @ J.B.SHARMA & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th November, 2013. Mr.Anirban Roy, Mr.Arun Nath Bhattacharya, Mr.Sujit Kumar Singh, Adversus for the plaintiff Mr.Ranjan Bachawat, Mr.Rudraman Bhattacharya, Mr.Mohit Gupta, Mr.Anand Prasad Agarwala, Adversus for the defendants The Court : Mr.Ranjan Bachawat, learned advocate appearing for the defendants submits that his client is coming out with a new book on obstetrics. In this new book the materials in annexure A, B and C of the petition have been removed without prejudice to the contention of the defendants that the impugned text book did not infringe any copyright. According to Mr.Bachawat these are the only materials complained of in the suit. According to Mr.Roy there are some other materials as well. Prima facie, on a perusal of the plaint and p...
Vodafone East Ltd Vs. Union of India and ors.
Court: Kolkata
Decided on: Nov-13-2013
ORDER SHEET WP879of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VODAFONE EAST LTD Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 13th November, 2013. Appearance : Mr.J.P. Khaitan, Sr.Adv.Mr.R.Bhardwaj, Adv.The Court: The petitioner has assailed the order dated 22nd August, 2013 passed by the Chief Commissioner of Income Tax (iii).Kolkata by directing the petitioner to pay 50% of the demand for the assessment year 2010-11. The order of assessment for the relevant assessment year is a subject matter of an appeal before the Appellate Authority. It is informed that the argument has already been advanced and the next date is fixed in the last week of the month of November 2013. Indisputably, the income tax department are liable to refund a sum of Rs.18,17,70,510/- for the assessment year 2012-13 which would be evident from the letter dated 19.08.2013 issued by D.C.I.T., circle-7, Kolkata. It is cojointly submitted that the ...
Falgun Export Pvt. Ltd. Vs. Union of India, Chief Commissioner of
Court: Kolkata
Decided on: Nov-13-2013
ORDER SHEET W.P.No.872 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE FALGUN EXPORT PVT.LTD.Versus UNION OF INDIA, CHIEF COMMISSIONER OF CUSTOMS & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 13th November, 2013. For Petitioner : Mr.R.K.Chowdhury,Advocate For Respondents : Mr.P.K.Roy,Advocate Mr.S.K.Saha,Advocate The Court : The short point canvassed by the writ petitioner in this writ petition is that despite an application made before the Assessing Officer, he did not pass the speaking order within the statutory period. Admittedly, the self assessment was disputed by the Assessing Officer under sub-section 4 of Section 17 of the Customs Act, 1962. The reassessment is made disputing the correctness of the self assessment by the Assessing Officer but did not pass any speaking order. My attention is drawn to the provision contained under sub-section 5 of Section 17 of the Customs Act, 1962 which provides for speaking order on reassessment wi...
Rajiv Kant Mishra and anr. Vs. Union of India, Through the Chief Commi ...
Court: Kolkata
Decided on: Nov-13-2013
ORDER SHEET W.P.982 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE RAJIV KANT MISHRA & ANR. Versus UNION OF INDIA, THROUGH THE CHIEF COMMISSIONER OF CUSTOMS & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 13th November, 2013. Appearance: Mr.S.B. Saraf, Adv.Mrs.S.Mitra, Adv. for the Customs The Court: The petitioners have assailed the order dated 3rd September, 2013 passed by the Commissioner of Customs (Airport and Administration).Custom House, Kolkata, whereby and whereunder the order of suspension of licence is confirmed with further stipulation to initiate a proceeding for revoking the said licence under the provisions of Customs House Agents Licensing Regulations, 2004, which can only be invoked where an immediate action is required in appropriate case. The authorities have passed the impugned order in relation to the petitioners act done in the year 2010 and the same cannot be a ground to suspend the licence under the aforesaid provisio...
State of West Bengal and ors Vs. Acc Ltd. and anr.
Court: Kolkata
Decided on: Nov-12-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.2731 of 2013 APOT No.337 of 2013 WP No.509 of 2012 STATE OF WEST BENGAL & ORS Versus ACC LTD.& ANR. GA No.2185 of 2013 APOT No.337 of 2013 WP No.509 of 2012 STATE OF WEST BENGAL & ORS Versus ACCI LTD.& ANR. GA No.2186 of 2013 APOT No.338 of 2013 WP No.464 of 2012 STATE OF WEST BENGAL & ORS Versus BHARTI AIRTEL LTD.GA No.2187 of 2013 APOT No.339 of 2013 WP No.562 of 2012 STATE OF WEST BENGAL & ORS Versus GODREJ CONSUMER PRODUCTS LTD.GA No.2713 of 2013 APOT No.436 of 2013 WP No.629 of 2012 STATE OF WEST BENGAL & ORS Versus NOKIA INDIA PVT.LTD.GA No.2716 of 2013 APOT No.437 of 2013 WP No.567 of 2012 SENIOR JOINT COMMISSIONER, SALES TAX & ORS Versus U.A.L.INDUSTRIES LTD.& ANR. GA No.2720 of 2013 APOT No.438 of 2013 WP No.624 of 2012 STATE OF WEST BENGAL & ANR Versus GLAXO SMITHKLINE CONSUMER HEALTHCARE LTD.GA No.2719 of 2013 APOT No.439 of 2013 WP No.627 of 2012 STATE OF WEST BENGAL & ORS Versus MARI...
Santimoy Kundu Chowdhury and ors. Vs. Samir Kumar Kundu Chowdhury and ...
Court: Kolkata
Decided on: Nov-12-2013
ORDER SHEET GA NO.2326 OF2012WITH CS NO.978 OF1935GA NO.2330 OF2012GA NO.2331 OF2012GA NO.2332 OF2012GA NO.2335 OF2012GA NO.2336 OF2012GA NO.2337 OF2012GA NO.2339 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SANTIMOY KUNDU CHOWDHURY & ORS.Versus SAMIR KUMAR KUNDU CHOWDHURY & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th November, 2013. Mr.U.Bose, Mr.D.Sen, Mr.S.Chatterjeeappear. Mr.P.Naskarappears for one of the Joint ReceiveRs.Mr.S.Ghoshappears for one of the Joint ReceiveRs.The Court : Let each of these applications be served on Mr.Boses client. Each of these applications has been made by one of the Joint ReceiveRs.It appears from the order of the Division Bench presided over by Ashim Kumar Banerjee, J. made on 11th July, 2013 that one of the Joint Receivers cannot act singly. The other Joint Receiver is present in Court. He says that he was not consulted before filing the applications. Mr.Ghosh replied that he was not rendering any...
M/S. Unique Builder Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Nov-12-2013
ORDER SHEET ALP NO.16 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.UNIQUE BUILDER Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th November, 2013. Mr.D.Ghosh, Mr.B.MaZumdarfor petitioner. Mr.P.Sinhafor respondents. The Court : Considering the cause shown, I do not even think it necessary to give an opportunity to the respondents to file an affidavit in opposition. All the facts are contained in the petition. They are too glaring to admit of any further delay in this execution application. On 17th January, 2013, on an application under Article 227 of the Constitution of India [CO No.155 of 2013].this Court directed the court below to dispose of the execution application within three weeks of the date of communication of this order. In those circumstances, an application under clause 13 of the Letters Patent [ALP No.2 of 2013].was made by the petitioner in this Court for transfer of those execution procee...
Dulal Kanti Chowdhury Vs. Niyaz Ahmed and ors.
Court: Kolkata
Decided on: Nov-12-2013
ORDER CS No.217 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DULAL KANTI CHOWDHURY Versus NIYAZ AHMED & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 12th November, 2013. Appearance: Mr.V.N. Dvivedi, Advocate ...for the plaintiff. Mr.Rupak Ghosh, Advocate ...for defendant No.2. The Court: parties, by After consent, hearing the the following learned documents counsel are for marked the as plaintiffs exhibits: Sl. No.Description of Documents Exhibit Number 1. Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0118 dated February 24, 2005 for a sum of US $ 57,000 issued by the defendant No.2 A2 Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0124 dated February 26, 2005 for a sum of US $ 57,000 issued by the defendant No.2 B3 Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0212 dated April 6, 2005 for a sum of US $ 57,000 issued by the defendant No.2 C4 Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0218 dated April 6, 200...
Steel Authority of India Limited Vs. Commissioner of Central Excise
Court: Kolkata
Decided on: Nov-12-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE CEXA No.23 of 2013 STEEL AUTHORITY OF INDIA LIMITED Versus COMMISSIONER OF CENTRAL EXCISE BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 12th November, 2013. For Appellant : Mr.Abhishek Anand with Mr.Tanmay Chakravary, Advocates For Respondent : Mr.P.K. Roy with Mr.K.K. Maity, Advocates The Court : This appeal is directed against a judgment and order dated 26th April, 2013 passed by the CustoMs.Excise and Service Tax Appellate Tribunal dismissing an application made by the appellant seeking rectification of the order passed by the Tribunal on 30th October, 2012 on the ground that in passing the order dated 30th October, 2012, the Tribunal did not notice the fact that an application filed on 11th February, 2011 was pending before the Committee of Disputes. The learned Tribunal advanced the following reasons: .the application that was filed earlier seeki...
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