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Kolkata Court December 2013 Judgments

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Dec 18 2013

Prahlad Ramawat Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1255 OF2013PRAHLAD RAMAWAT Versus THE STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of i...


Dec 18 2013

India Industrial Enterprises Pvt. Ltd. Vs. State of West Bengal and or ...

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1211OF2013INDIA INDUSTRIAL ENTERPRISES PVT.LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and...


Dec 18 2013

Eastern Copper Manufacturing Company Pvt. Ltd. Vs. Latasha Exports Ltd ...

Court: Kolkata

Decided on: Dec-18-2013

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: 18th December 2013. Appearance: Mr.Jishnu Chowdhury, Advocate Mr.Soumabha Ghose, Advocate Ms.Sonia Sharma, Advocate ...for the plaintiff. Mr.Anil Sengupta, Advocate ...for the defendant. Court: plaintiff The defendant admits to pay Rs.13 lakh to the on or before 31st March 2014 and the plaintiff is agreeable to accept the said amount in full and final settlement of its claim. In view of the aforesaid, there shall be a decree for a sum of Rs.13 lakh in favour of the plaintiff which shall be paid on or before 31st March 2014. The said decree is passed on admission. The defendant shall file an affidavit giving an undertaking that the defendant shall pay the aforesaid sum on or before 31st March 2014. Such affidavit of undertaking is to be filed with the Registrar, Original Side, of th...


Dec 18 2013

itc Limited Vs. Crescendo Tobacco Agency and anr

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET APO1832011 CS32011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ITC LIMITED Versus CRESCENDO TOBACCO AGENCY & ANR . BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 18th December, 2013. Mr.Anindya Mitra, Senior Advocate Mr.Sarbopriya Mukherjee, Advocate Mr.Shaunak Mitra, Advocate Mr.Soumya Sen, Advocate Ms.Debomitra Adhikari, Advocate for the appellant. Mr.Pratap Chatterjee, Senior Advocate Mr.Ranjan Bachawat, Advocate Mr.Debnath Ghosh, Advocate Ms.Mousumi Bhattacharya, Advocate Mr.Paritosh Sinha, Advocate Mr.Sayantan Bose, Advocate for the respondents. The Court : This appeal would relate to a passing off action on two labels, one belonging to the appellant and the other belonging to the respondents. The appellant filed a suit complaining of passing off their label by the respondents. The appellant would also claim, they are the registered holder of the label that is used by them which has a great resemb...


Dec 18 2013

Debashis Moulik Vs. Assistant Commissioner of Income Tax,

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET WP No.1174 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DEBASHIS MOULIK Versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE37 KOLKATA BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 18th December, 2013 Mr.R.N. Dutta, Adv.with Ms.Sutapa Roychoudhury, Adv..for the petitioner Ms.Mamta Bhargav, Adv..for the respondent The petitioner is assessed under Section 143 of the Income Tax Act, 1961 (hereinafter referred to as the said Act) for the assessment year 2009-10 on the basis of the return submitted in this regard. The assessment order is carried to the appellate forum where the assessment order is modified by granting partial relief. The said order is further assailed before the Appellate Tribunal and the matter is pending therein. Amidst pendency of the aforesaid proceeding, a notice under Section 148 of the said Act is issued by an assessing officer proposing to reassess the income on the plea of escaped assessment. The said notice is r...


Dec 18 2013

C. R. Trade Link Private Limited Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1231 OF2013C.R.TRADE LINK PRIVATE LIMITED Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and ...


Dec 18 2013

M/S. Jeevanjyoti Agencies Private Limited Vs. State of West Bengal and ...

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1235 OF2013M/S.JEEVANJYOTI AGENCIES PRIVATE LIMITED Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January,...


Dec 18 2013

M/S. Shyam Retails (India) Private Limited Vs. the State of West Benga ...

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1256 OF2013M/S.SHYAM RETAILS (INDIA) PRIVATE LIMITED Versus THE STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of Jan...


Dec 18 2013

Calcutta Export Co. Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1215OF2013CALCUTTA EXPORT Co.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of interim...


Dec 18 2013

Bihani Chemicals Industries Private Limited Vs. State of West Bengal a ...

Court: Kolkata

Decided on: Dec-18-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1242 OF2013BIHANI CHEMICALS INDUSTRIES PRIVATE LIMITED Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Arijit Chakrabarto, Advocate Ms.Amrita Pandey, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in ...


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