Kolkata Court December 2013 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Dec-04-2013
ORDER SHEET WP836of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SRIKANT BAGLA And COMMISSIONER OF CUSTOMS (PORT) AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 4th December, 2013. Mr.Achintya Kr. Banerjee, Adv.SK. Foridullah, Adv..for the petitioner. Mr.R.N.Das, Adv.Mr.T.M.Siddiqui, Adv..for the respondent. The Court: Let affidavit-in-opposition and affidavit-in-reply filed today be kept on record. Petitioner filed a supplementary affidavit to contend that consignor to the goods confiscated by the Customs Authorities have agreed to take back those materials and also annexed the circular no.100/2003-CUS., dated 28-11-2003 issued by Ministry of Finance, Department of Revenue that no objection certificate from Reserve Bank of India is not necessary. Mr.Das, learned Advocate appearing for the respondents however submits that the samples have been drawn and are sent to the laboratory for the testing whether the confiscated goods is hazardous o...
Seema SarIn and anr. Vs. Sudesh Chander Talwar
Court: Kolkata
Decided on: Dec-04-2013
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 Mr.Justice Debangsu Basak A.P.O.No.434 of 2012 A.P.O.T No.517 of 2012 P.L.A No.324 of 2007 SEEMA SARIN & ANR. versus SUDESH CHANDER TALWAR For the Appellant : Mr.Shyam Sarkar, Senior Advocate Mr.Saikat Basu, Advocate Ms.Subrata Chakraborty, Advocate For the Respondent : Mr.Anirban Roy, Advocate Heard on : November 21, 2013 Judgment on : December 4, 2013 DEBANGSU BASAK, J. Two natural heirs of a deceased requested a revisit to the consent affidavits given by them in an application for grant of probate after probate was granted on the ground that the consent affidavits were obtained by fraud and/or misrepresentation and/or given by mistake. The respondent herein persuaded the learned Single Judge to turn down such request on the principle of non est factum. Hence the appeal. Bhagwati Talwar had two sons, namely, Jagdish Chand...
(Sefpl) Vs. T. Madhava Rao
Court: Kolkata
Decided on: Dec-04-2013
AP No.1069 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.(SEFPL) -VersusT. MADHAVA RAO Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Syed Nurul Arifin, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : December 4, 2013. The Court : The sale of the four assets which have been taken possession of by the receiver and which, according to both sets of parties, are in damaged condition, is confirmed in favour of Mirza Azmathullah Baig of Hyderabad at a consolidated amount of Rs.4.50 lakh. The petitioner says that the entire consideration has been tendered by the purchaser. Subject to the relevant instruments being encashed, the sale is confirmed and the receiver is directed to make over possession of the four damaged assets (serial Nos.7, 9, 10 and 12 of the chart appearing at page 21 of the petition) through any officer of the finance company. The parties have agreed that the...
Chandra Prakash Goenka Vs. Rajesh Goenka
Court: Kolkata
Decided on: Dec-04-2013
1 ORDER SHEET APOT No.527 of 2013 GA No.3463 of 2013 PLA No.94 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IN THE GOODS OF MOHONLAL GOENKA (DECD) CHANDRA PRAKASH GOENKA -vsRAJESH GOENKA BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 4th December, 2013. Appearance: Ms.Micky Chowdhury with Mr.T.Saraf, Ld. Advocates for the appellant. Mr.Aniruddha Roy with Mr.Nirmalya Dasgupta Mr.I.B. Jha ld. Advocate for the respondent. The Court :- This appeal would arise out of an order passed by the learned Single Judge declining to extend the time to file affidavit in support of the caveat. Facts would depict, the appellant lodged the caveat to oppose the application for probate. For one year affidavit could not be filed. The appellant also did not approach the Court for extension. In the application the appellant shifted the burden on his erstwhile Advocate-on-Record. When His Lordship requested the erstwhile ...
Hemendra Singh Sandhu Vs. Srei Equipment Finance Pvt. Ltd.
Court: Kolkata
Decided on: Dec-04-2013
A.P.No.1145 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HEMENDRA SINGH SANDHU Versus SREI EQUIPMENT FINANCE PVT.LTD.Appearance Mr.Rupak Ghosh, Adv.Mr.Debasish Kundu, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 4th December, 2013. The Court : Though the conduct of the arbitrator complained against has been adversely commented on in several orders and it has previously been found that the arbitrator may be in league with the finance companies appointing him in hire purchase matteRs.the grounds for removal carried by the petitioner are not good enough for his removal. The petitioner complains of the reference having been made by the finance company before the time afforded to the petitioner to make the payment following the final demand. That, by itself, would not render either the appointment of the arbitrator to be invalid or the assumption of jurisdiction by the arbitrator to be improper. The petitioner next complains of the arbit...
Smt.Kusum Bajaj Vs. Priyanka Tibrewala @ Bajaj
Court: Kolkata
Decided on: Dec-04-2013
1 ORDER SHEET GA No.3515 of 2013 APOT No.551 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SMT.KUSUM BAJAJ -VSPRIYANKA TIBREWALA @ BAJAJ Versus SHRI KASHI PRASAD BAJAJ & HSBC BANK MIDDLE EAST LTD.BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE, The Hon'ble JUSTICE DEBANGSU BASAK Date : 4th December, 2013. Appearance: Mr.Sabyasachi Chowdhury with Mr.Anuj Singh, Ld. Advocates for the applicant. Mr.Joydeep Kar, Mr.Aryak Dutt, Mr.Sourav Moitra and Mr.Gourav Purkaystha, ld. Advocates for the respondent. The Court :- In an unfortunate incident a young couple residing abroad had a matrimonial discord, although the wife would dispute the same. The facts remain, the husband died abroad. The parents made a complaint to the Police Station, within hours of death, substantial sum was withdrawn from the Bank account of the 1 husband by the wife. The widow has come back with the only child. The litigation would relate to the allegation of defalcation of t...
Transtonnelstroy Afcons J.V. and ors. Vs. Employees’ State Insurance ...
Court: Kolkata
Decided on: Dec-04-2013
ORDER SHEET WP260of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TRANSTONNELSTROY- AFCONS J.V.& ORS.versus EMPLOYEES STATE INSURANCE CORPORATION AND ORS.BEFORE: The Honble JUSTICE HARISH TANDON Date: 4th December, 2013. Appearance : Mr.Arunabho Ghosh, Adv.Soumya Majumdar, Adv.Mr.Subal Maitra, Adv.Mr.Arindam Maitra, Adv.for ESIC. The Court: An interesting point has evolved from the respective submissions of the counsels whether the contractor of a construction work can be covered under the Employees State Insurance Act, 1948. According to the petitioneRs.the petitioners are covered under the building and other construction works (Regulation of employment and conditions of service) Act, 1996 and the Employees State Insurance Act, 1948, excludes the applicability of the said Act; if the establishment is covered under any other special Act. The respondent authorities has taken preliminary objection as to the maintainability of the writ petition because ...
M/S. Jaqua Industries and Sales Co. Pvt. Ltd. and anr Vs. Union of Ind ...
Court: Kolkata
Decided on: Dec-04-2013
ORDER SHEET GA2375of 2013 WP46of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.JAQUA INDUSTRIES & SALES Co.PVT.LTD.& ANR Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 4th December, 2013. Appearance: Ms.Manju Agarwal, Adv..for the petitioner Mr.S.K.Kapur, Sr.Adv.Mr.Rabi Kapor, Adv.Mr.Kaushik Dey, Adv.The Court: This is an application in substance for provisional release of the seized currency during the search and seizure. The petitioner is taking a shelter under the provision of Section 110A of the Customs Act, 1962 which permits the provisional release of the goods, documents and things seized, pending adjudication on taking a bond in proper form with such security and conditions as the adjudicating authority may require. The application before the adjudicating authority under the aforesaid provisions has been disposed of with the categorical finding that the said prayer cannot be considered because of the pendency...
M/S. Annapurna Engineering Works and ors. Vs. Customs, Excise and Serv ...
Court: Kolkata
Decided on: Dec-04-2013
ORDER SHEET WP No.988 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ANNAPURNA ENGINEERING WORKS AND ORS.Versus CUSTOMs.EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, EZB & ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 4th December, 2013. Appearance : Mr.J.P.Khaitan, Sr.Adv.Mr.Agnibesh Sengupta, Adv.for the petitioner Mr.S.B.Saraf, Mr.K.K.Maiti, Advs...for the respondents The Court : The order disposing of an application for waiver of the predeposit condition is assailed in this writ petition. The Tribunal had allowed the waiver and directed the petitioners to deposit a sum of Rs.70,00,000/- within the stipulated period with categorical observation that the default may result in the dismissal of the appeal. While the writ petition was pending before this Court, the Tribunal took up an appeal and for non-compliance of the said order dismisses the same. The said order is also assailed by way of a supplementary affidavit. According to the petit...
Swapnapuri Flat Owners Association, Represented by Its Present Preside ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Dec-04-2013
Debasis Bhattacharya, Member: Both the appeals having emanated from the same and single judgment of the Ld. District Forum, North 24 Parganas in Case No. 85/2010, they are taken together for a conclusive finding and judgment. It is the case of the Complainant in the petition of complaint that it is an association formed by the flat owners, as specifically mentioned in the Schedules B to L, of which the construction was done by the OP No.1, while OP Nos. 2 to 6 are the land owners and as per terms and conditions of the agreement for sale between the flat owners and the OP No.1, the flat owners paid the entire consideration money and were issued proper money receipt. As per terms and conditions of the agreement for sale, the OPs are jointly or severally liable to complete the building comprising several flats within a period of 21 (twenty one) months in all respects. But, the OPs, particularly, the OP No.1 were reluctant to perform their duties in compliance of the terms and conditions o...
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