Kolkata Court December 2013 Judgments
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Manoj Kr Paul Vs. Mstc Ltd. and ors.
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET W.P.No.896 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANOJ KR PAUL Versus MSTC LTD.& ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Appearance : Mr.R.Bharadwaj, Adv.Ms.Sutapa Sanyal, Adv.For the petitioner Mr.Santanu Chakraborty, Adv.For respondent No.1 Mr.Gaurav Khaitan, Adv.For respondent No.2 Mr.Soumitra Mukherjee, Adv.For sales tax authority. The Court : This matter is listed on the mentioning of the petitioner. Mr.Khaitan appears and raises an objection that this matter is listed without giving any pre or post mentioning notice. The learned advocate-on-record of the petitioner says that notice was sought to be served on Mr.Khaitan but because of his unavailability the notice could not be served. The other respondents are represented. A letter dated 13th December 2013 is produced by the petitioner to contend that the entire VAT component have been forfeited because of the non-compliance of the order d...
L and T Finance Limited Vs. Gitanjali Samantaray and anr.
Court: Kolkata
Decided on: Dec-18-2013
AP No.545 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction L & T FINANCE LIMITED Versus GITANJALI SAMANTARAY & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th December, 2013. Appearance: Mr.Aniruddha Mitra, Adv.Mr.Madan Mohan Roy, Adv.The Court : The Receiver will immediately take possession of the remaining asset and the Receiver will invite offers for sale of both assets covered by the agreement and report to Court when the matter appears next four weeks hence. Though the respondents had paid some money during the pendency of the petition, it appears that an amount in excess of Rs.11 lakh is due if the termination of the agreement is to be disregarded. A previous order has already recorded that an award has been passed in favour of the finance company. Despite the petitioner being aware of the pendency of the present proceedings under Section 9 of the Arbitration and Conciliation Act, 1996, the respondents have carried the challenge to the award...
Servo Plastichem (P) 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.1238 OF2013SERVO PLASTICHEM (P) 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 by...
Krishna Alex Pvt. Ltd. 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 WP1205OF2013KRISHNA ALEX 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 by way of inter...
Creative Poly Packs Pvt. Ltd. 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 WP1214OF2013CREATIVE POLY PACKS 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 by way o...
Mechano (India) 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.1224 OF2013MECHANO (INDIA) 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 inter...
Concast Ispat Ltd. 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 WP1216OF2013CONCAST ISPAT 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 by way of interim ...
Hdfc Bank Limited Vs. Unit Construction Co. Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Dec-18-2013
AP No.738 of 2012 AP No.740 of 2012 AP No.742 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HDFC BANK LIMITED Versus UNIT CONSTRUCTION Co.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th December, 2013. Appearance Mr.Jishnu Chowdhury, Adv.Mr.P.Sinha, Adv.Ms.S.Choubey, Adv.The Court: The respondents have indulged in games for an inordinate period of time by stalling the sale of the assets that the respondents cannot afford to retain by paying therefor. The matters have been adjourned on several occasions for the respondents to identify any purchaser for the three assets that have been taken possession of by the receiver. Today, dry offers are carried by the respondents without any earnest money backing the offeRs.This ploy to delay the matter is deprecated and spurned. The sale of the three assets is confirmed in favour of Sk. Nazrul Islam of 35, Picnic Garden Road at Rs.10.50 lakh, subject to the entire payment being made...
Rani Sati Metal Industries 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 WP1218OF2013RANI SATI METAL INDUSTRIES 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...
Prime Steels 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 WP1210OF2013PRIME STEELS 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 measu...
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