Kolkata Court November 2013 Judgments
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Tata Capital Limited Vs. G.S. Transport Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET EC169of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TATA CAPITAL LIMITED Versus G.S.TRANSPORT PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th November, 2013. Appearance: Mr.Dipaloke.Majumdar, Adv..for the Decree holder. Mr.Utpal Bose, Adv.Mr.O.N.Rai, Adv..for the Judgement debtORS.The Court: The judgement-debtors have taken a formidable point in this execution application. Mr.Bose appearing for them cited the order of the Sanjib Banerjee, J.dated 20th September, 2011 in AP No.808 of 2011. It appears from a reading of that order that on a section 9 application, the parties had agreed to settle the dispute between them. The judgement-debtors would pay off the balance dues to the awardholder after payment of Rs.1,40,000/- in Court, in five monthly instalments, they agreed. It was also recorded in the said order that the arbitral reference which had been initiated, would be adjourned till 31st March, 2012, to enable th...
Vs. M/S. Vesuvious India Ltd.
Court: Kolkata
Decided on: Nov-28-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Central Excise].ORIGINAL SIDE GA No.1578 of 2013 CEXA No.8 of 2013 COMMISSIONER OF CENTRAL EXCISE, KOLKATA VI, COMMISSIONERATE Versus M/S.VESUVIOUS INDIA LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 28th November, 2013. For Appellant : Mr.S.B. Saraf, Advocate With Mr.P.D.Mukherjee, Advocate For Respondent : Mr.Satyaprem Majumder, Advocates The Court: The subject matter of challenge in this appeal is a judgment and order dated 18th September, 2012 passed by the CustoMs.Excise and Services Tax (Appellate) Tribunal, Kolkata by which the learned Tribunal dismissed the appeal preferred by the Revenue following the judgment in the case of Commissioner of C.Ex & S.T.,LTU, Bangalore versus ABB Limited, reported in 2011 (23) STR97(Kar.).holding that service tax paid by the manufacturer for outward transportation of the goods upto the point of delivery to the customer is claimable...
Sanjib Das Vs. State of W.B. and ors
Court: Kolkata
Decided on: Nov-27-2013
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Acting Chief Justice Ashim Kumar Banerjee And The Honble Justice Debangsu Basak G.A.No.3584 of 2008 G.A.No.1619 of 2010 W.P.No.1229 Of 2008 SANJIB DAS versus STATE OF W.B.& ORS For the Appellant/petitioner : Mr.Sakya Sen, Advocate Mr.Subrata Goswami, Advocate For the State : Mr.Tapan Kumar Mukherjee, Advocate Ms.Debjani Roy, Advocate For Medical Council of India : Mr.Saugata Bhattacharya, Advocate Mr.Sunit Kumar Roy, Advocate For the Respondent No.10 : Mr.Srijib Chakraborty, Advocate For the Respondent Nos.14 & 15 : Mr.Ashoke Banerjee, Senior Advocate Heard on : November 8, 2013. Judgment on : November 27, 2013. DEBANGSU BASAK, J. Whether a person having obtained a degree/certificate/diploma to practice alternative medicines can prefix Dr. or Doctor or any other such prefix to their names, falls for consideration in this writ petition. Petitioner alleges that the respondent Nos.1...
Commissioner of Central Excise and Service Tax, Haldia Vs. M/S. Lumino ...
Court: Kolkata
Decided on: Nov-27-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Central Excise].ORIGINAL SIDE GA No.1253 of 2013 CEXA No.7 of 2013 COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, HALDIA Versus M/S.LUMINO INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUBRATA TALUKDAR Date : 27th November, 2013. For Appellant : Mr.N.C. Roychowdhury, Senior Advocate With Mr.K.K. Maity, Advocate For Respondent : Mr.N.K. Chowdhury with Mr.Arijit Chakrabarti, Advocates The Court: The appeal is directed against a judgment and order dated 1st August, 2012 passed by the CustoMs.Excise and Service Tax, Appellate Tribunal reversing the order of the Commissioner including by which education Rs.10,39,061/- for the cess the demand of aggregating period during service to tax a January, credit sum of 2005 to December, 2007 was confirmed and a penalty of Rs.10,000/- was imposed. The learned Tribunal set aside the order following the decision in the case of Commissioner of C.Ex & S.T....
Eastern Copper Manufacturing Company Pvt. Ltd. Vs. Latasha Exports Ltd ...
Court: Kolkata
Decided on: Nov-27-2013
ORDER CS No.160 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction EASTERN COPPER MANUFACTURING COMPANY PVT.LTD.Versus LATASHA EXPORTS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 27th November, 2013. Appearance: Mr.Jishnu Chowdhury, Advocate Mr.Soumabha Ghose, Advocate Ms.Sonia Sharma, Advocate ...for the plaintiff. Mr.Anil Kumar Sengupta, Advocate ...for the defendant. The Court: After hearing the learned counsel for the parties, the following documents are marked as exhibits on admission by the parties: Sl. No.PARTICULARS Document No.Exhibit Number 1. Original Purchase order dated 12th January, 2004 issued by Defendant in favour of the plaintiff. PD 1 A2 Original letter dated 7th September, 2004 issued by Defendant in favour of the plaintiff. PD 2 B3 Copy of a letter dated 7th September, 2004 issued by Defendant in favour of the plaintiff. DD 1 1 4. Original letter dated 12th February, 2005 issued by Defendant in favour of the plaintiff. PD 3 C5 Origi...
Magma Fincorp Limited Vs. M/S. R. L. Behani and anr.
Court: Kolkata
Decided on: Nov-27-2013
AP No.871 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED -VersusM/S.R.L. BEHANI & ANR. Appearance: Mr.Utpal Bose, Adv.Mr.Susanta Dutta, Adv...for Rajesh Kr. Show. Mr.Swagata Dutta, Adv...for the Paradeep Paribahan. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : November 27, 2013. The Court : The respondents are represented but have not been able to get any offers for the sale of the assets. Two offers have been received by the receiver: one from Rajesh Kumar Show of 11/2, Christopher Road, P.S.Tangra who has offered Rs.20 lakh for the three tippers taken possession of by the receiver; the other bid is of Paradeep Paribahan PVT.LTD.of Rs.16 lakhs for the three assets. Paradeep increases the offers to Rs.21 lakhs whereupon Rajesh Show makes a final offer of Rs.24 lakh for the three tippeRs.The respondents say that the sale of the three tippers should have fetched a better price and seek time to get better offeRs.Subject ...
Anil Kumar Sen Vs. Ramaniranjan Kajaria and ors
Court: Kolkata
Decided on: Nov-27-2013
1 ORDER SHEET APO No.310 of 2013 CS No.688 of 1982 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ANIL KUMAR SEN Versus RAMANIRANJAN KAJARIA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 27th November, 2013. Appearance: Mr.Pramit Ray, Mr.Arik Banerjee, Mr.Shaunak Ghosh and Mr.Rajib Mallick Ld. Advocates for the appellant. Mr.S.Chowdhury, Mr.S.Deb and Mr.J.M. Jhunjhunwala, ld. Advocates For the respondent. The Court :- This appeal would relate to an order dated August 26, 2013 by which the hearing of the suit was stayed on an application for recall of the order of amendment. The respondent could not appear before His Lordship when the amendment was allowed. Hence, they applied for recall. The learned Judge gave direction for filing affidavits and stayed the hearing of the suit, that gave rise to the present appeal at the instance of the appellant. We heard the parties at length day before yesterday whe...
Dasa and Another Vs. Ajay Kumar Singh
Court: Kolkata
Decided on: Nov-27-2013
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Acting Chief Justice Ashim Kumar Banerjee And The Honble Justice Debangsu Basak G.A.No.2445 of 2013 G.A.No.2066 of 2013 G.A.No.2321 of 2013 A.P.O.T No.321 of 2013 A.P.D.T No.6 of 2013 C.S.No.246 of 2010 Dasa & Another versus Ajay Kumar Singh For the Appellants : Mr.Arindam Mukherjee, Advocate Mr.Prasenjit Pal, Advocate Mr.Avirup Chatterjee, Advocate For the Respondents : Mr.Jishnu Chowdhury, Advocate Mr.Rajiv Lall, Advocate Ms.Ankita Lall, Advocate Heard on : November 18, 2013 Judgment on : November 27, 2013 DEBANGSU BASAK, J. Appeal at the instance of the defendant is directed against a decree for eviction dated March 26, 2013 passed under Chapter XIII A of the Original Side Rules. Appellant is a tenant under the respondent in respect of flat No.9 on the 9th floor of premises No.12 A Camac Street, Kolkata together with a car parking area for two caRs.Appellant paid rent till Nov...
Kirti Narayan Vajpeyi Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Nov-27-2013
ORDER SHEET WP No.689 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KIRTI NARAYAN VAJPEYI Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th November, 2013. Appearance: Mr.Biswaroop Bhattacharya, Adv.Mr.Sanjoy Bose, Adv.for the petitioner Mr.Ajoy Krishna Chatterjee, Sr.Adv.Mr.Somnath Saha, Adv.for added respondent no.7 Mr.Biswajit Mukherjee, Adv.Mr.Gopal Ch. Das, Adv.Mr.D.Mondal, Adv.for KMC The Court : The main challenge in the writ petition is that the added respondent has raised a construction without a sanctioned plan. The Executive Engineer (Civil) has inspected property on 18th November, 2013 and filed an inspection report which states: the constructions done so far are more or less in conformity with the sanctioned reconstruction plans vide No.(a) 30/Br V/2009 10 dated 27.3.2010 (b) 10/Br V/2011 12 dated 13.6.2011 (c) 07/Br V/2013 14 dated 19.6.2013. It is also observed on inspection that mos...
Niru Nag and ors. Vs. the Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Nov-27-2013
WP No.1042 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE NIRU NAG & ORS.Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.B E F O R E: The Honble Justice Soumen Sen Dated, the 27th November, 2013. Appearance: Mr.P.S.Deb Barman, Adv.Mr.Amit Gupta, Adv.Mr.M.Nazar Chowdhury, Adv.For the petitioner. Mr.Fajlul Hoque, Adv.Mr.Sujoy Mondal, Adv.Ms.Anita Deb Jana, Adv.For K.M.C.The Court:- In this application the petitioner has challenged the recommendation of the Heritage Conservation Committee in declaring the concerned premises as `heritage building. The cryptic communication forming part of the resolution at page 95 of the writ petition states that the members inspected the premise explained that the captioned premise physically is the continuation of 66A and 66B Akshoy Kumar Dutta Sarani, which are recorded as Grade-IIA heritage building. Therefore the proposal submitted by the applicant for construction of a G+IV storied building after demolition of the...
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