Kolkata Court February 2013 Judgments
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Vinod Kumar Jainpetitioner Vs. Commissioner of Customs (Port) and ors. ...
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET WP No.138 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VInot KUMAR JAIN Petitioner Versus COMMISSIONER OF CUSTOMS (PORT) AND ORS.Respondents BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :21. t February, 2013. For Petitioner : Mr.S.K.Mehta, Advocate For Respondents : Mr.S.B. Saraf, Advocate Ms.Sampa Sarkar, Advocate The Court : With consent of the parties, this Writ Petition is being disposed of at this stage itself. An Order passed in a similar Writ Petition has been brought on record which was passed by The Honble Ms.Justice Indira Banerjee in W.P.No.1030 of 2012 [see page 47 of the Writ Petition].Considering the aforementioned facts and circumstances, this Court passes the same Order in this case also. After hearing the learned Counsel appearing on behalf of the Petitioner and the Respondents, this Writ Application is disposed of by directing the Respondent Customs Authorities to make provisional assessment of the duty on the consignm...
Brijnath Khandelwal Vs. C.i.T.Wbix Cal.
Court: Kolkata
Decided on: Feb-21-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [ Income Tax ].ORIGINAL SIDE ITR No.2 of 2000 BRIJNATH KHANDELWAL Versus C.I.T.WB-IX CAL. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :21. t February, 2013. For Appellant : Mr.G.R. Sharma, Advocate For Respondent : Mr.Nizumuddin, Advocate The Court : The following question has been referred under Section 256(1) of the Income Tax Act by the Tribunal. Whether, on the facts and in the circumstances of the case, the Tribunal was right in sustaining the disallowance of the amount of Rs.12,874/- claimed by the assessee as having been spent towards drivers salary, garage rent and cleaning charges, etc.in respect of the motor car belonging to the partnership firm of which the assessee was a partner and which is claimed to have been used by the assessee for his personal business ?.. The facts and circumstances of the case are that the assessee claimed motor car expenses amounting to Rs....
Pinaki Das Vs. the Station Manager Barrackpore Group Electric Supply a ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Feb-20-2013
J. Bag, Ld. Member 1. The present appeal is directed against the Order dated 18.08.2011 passed by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas in their C.C. Case No. 110/2011 whereby the Ld. Forum below allowed a complaint on contest against O.P. No.1 and ex parte against O.P. Nos. 2 and 3 in part with the direction upon O.P. No.1 to arrange for new electric connection and to install new electric meter in the premises of the Complainant with the help of the local Police, if necessary. The complaint case, in brief, was as follows: 2. The Complainant being a consumer under the O.Ps , such as O.P. No.1 (WBSEDCL) being the service provider of electric energy, O.P. No.2 being the promoter/developer and O.P. No.3 land owner of the property where the Complainant purchased a flat. The Complainant duly filled up a form on 09.11.2010 and applied for having electric connection from O.P. No.1 in his flat . O.P. No.1 issued quotation to implement the installation of the des...
Chitrakoot Dham Traders Pvt. Ltd. and anr. Vs. East End Towers Pvt. Lt ...
Court: Kolkata
Decided on: Feb-18-2013
ORDER SHEET TA No.25 of 2013 CS No.269 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CHITRAKOOT DHAM TRADERS PVT.LTD.& ANR. Versus EAST END TOWERS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :18. h February, 2013. Appearance: Mr.S.N.Mitra, Sr.Advocate Mr.A.Chakraborty, Advocate Mr.S.Bhattacharya, Advocte Mr.N.Mishra, Advocate for the petitioners Mr.Ranjan Deb, Sr.Advocate for defendant No.1 Mr.Ranjan Bachawat, Advocate Mr.Ritabrata Mitra, Advocate Mr.A.Guha, Advocate for the respondents Mr.S.Mukherjee, Advocate Miss. D.Adhikary, Advocate for the plaintiff Mr.P.Sinha, Advocate for the State respondent Mr.M.Bose, Advocate for Fire Services The Court: On 4th July, 2011, in an interlocutory application (GA No.1488 of 2011 connected with CS No.269 of 2007).this Court passed an order as follows:The stalls or other shops put up at the common areas including on the outside walls should be forthwith demolished. The West Bengal Fire and Em...
Middleton Properties Ltd. Vs. West Bengal State Electricity
Court: Kolkata
Decided on: Feb-18-2013
ORDER SHEET W.P.No.7 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHEET NO.1 IN THE MATTER OF:MIDDLETON PROPERTIES LTD.Versus WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO.LTD & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :18. h February, 2013. Appearance:Mr.S.Ghosh, Advocate with Mr.S.Mitra, Advocate..for the petitioner. Mr.Sumit Kumar Panja, Advocate with Mr.Sumit Ray, Advocate..for the W.B.S.E.D.C.L.The Court:-The dispute out of which the present writ petition arises relates to invocation of a bank guarantee by the West Bengal State Electricity Distribution Company LTD.for a sum of Rs.12,48,524/-. In the writ petition, petitioner prayed for, in substance, a restraint preventing them upon the Distribution Company invoking from order the bank guarantee. Admitted position, however, is that before this matter was heard the bank guarantee had been invoked. At present, so far as the present writ petition is concerned, the dispute is over rea...
Bengal Exim Scrips Pvt. Ltd. Vs. Asian Oil Field Services Ltd.
Court: Kolkata
Decided on: Feb-18-2013
ORDER SHEET APO NO.5 OF 201.CP NO.186 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BENGAL EXIM SCRIPS PVT.LTD.Versus ASIAN OIL FIELD SERVICES LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :18. h February, 2013. Mr.K.C.Garg, Adv., Ms.Sunita Agarwal, Adv., for the appellant. Ms.Manju Bhuteria, Adv., Mr.Biswanath Chatterjee, Adv., Mr.Ashis Mukherjee, Adv., for the respondent. The Court : The respondent filed a winding-up petition against the appellant, inter alia, on a claim of money lent and advanced to the extent of Rs.6.5 crores. The respondent claiMs.the company refunded the amount through cheques that were dishonoured for non-payment on the ground payments stopped by the drawer. The appellant company appeared before the learned single Judge and filed affidavit-in-opposition appearing at pages 71-75 of the paper book. According to the company, the winding-up petition was not maintainable as it was ...
The Board of Trustees for the Port,calcutta Vs. Ghatal Steam Navigatio ...
Court: Kolkata
Decided on: Feb-18-2013
CS 42.of 1980 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE THE BOARD OF TRUSTEES FOR THE PORT,CALCUTTA Versus GHATAL STEAM NAVIGATION Co.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :18. h February, 2013. For the plaintiff : Mr.Dhruba Ghosh,Advocate Mr.Dipak Ranjan Mukherjee,Advocate For the defendant No.2 : Mr.Ashoke Banerjee,Advocate Mr.Amitava Deb,Advocate The Court :- Pursuant to the direction passed by this Court, the Chairman has considered the proposal of the defendant No.2. The defendant No.1 although filed its written statement, but is conspicuous by its absence. This Court has also passed an order on 4th February,2013 directing the Chairman to consider the representation of the defendant No.2 and make an endeavour to settle the matter. The Chairman has filed a report on 13th February,2013 after consideration of the proposals of M/S.Indo-Swiss Trading Co.PVT.Ltd., the principal outstanding charges as on 1st March,2013 for the plate not E would be Rs.1,09,02,776.39 p. ...
Prabir Roy Chowdhury Vs. Agr Plantations Private Limited and ors.
Court: Kolkata
Decided on: Feb-18-2013
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Ms.Justice Shukla Kabir (Sinha) A.P.O.No.387 of 2011 G.A.No.2239 of 2007 C.S.No.486 of 1991 Prabir Roy Chowdhury versus AGR Plantations Private Limited & ORS.AND A.P.O.No.388 of 2011 G.A.No.3392 of 2011 E.C.No.83 of 2007 C.S.No.486 of 1991 M/S.AGR Plantations Private Limited versus Khem Chand Dhingra & ORS.For the Appellant (in APO 38.of 2011) : Mr.S.B.Mookherjee, Senior Advocate Mr.Samit Talukdar, Senior Advocate For the Respondent (in APO 38.of 2011) & For the Appellant (in APO 38.of 2011) : Mr.Jayanta Mitra, Senior Advocate Mr.Jaydip Kar, Senior Advocate Mr.Billadal Bhattacharya, Advocate Mr.Sourav Sengupta, Advocate Ms.Sahin Parveen, Advocate Heard on : January 17 & 22 & February 12, 2013 Judgment on : February 18, 2013 ASHIM KUMAR BANERJEE, J. PREFACE These two appeals would relate to a challenge to the order dated September 28...
Bijay Kumar Agarwal Vs. Narayani Devi Agarwal and ors.
Court: Kolkata
Decided on: Feb-18-2013
ORDER SHEET GA No.2833 of 2012 APOT No.493 of 2012 with CS No.61 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction BIJAY KUMAR AGARWAL Versus NARAYANI DEVI AGARWAL & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE SHUKLA KABIR (SINHA) Date :18. h February, 2013. Mr.Suman Dutt, Advocate for the appellant. Mr.Samit Talukdar,Sr.Advocate, Mr.B.Manot for respondent no.1 Mr.Ashok Kr. Paul for respondent no.5 Mr.G.S. Gupta, Advocate, one of the Joint Receivers appeaRs.The Court : This appeal would be heard. Mr.Talukdar represents the respondent no.1. Mr.Pal represents the respondent no.5. The respondent Mukhopadhyay. dispensed appeal Hence with. upon the The no.2 is service upon appellant is respondent nos.3 represented the said directed and 4 by Somali respondents to and Ms.serve file notice are of affidavit of service within two weeks from date. The appellant is directed to file requisite number of informal learned paper Single book Judge incorporating within f...
And Welfare Institute Ltd. Vs. Cesc Limited and ors.
Court: Kolkata
Decided on: Feb-18-2013
ORDER SHEET GA No.171 of 2013 WP No.1070 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE UNITED VEIN CARE CANCER RESEARCH & WELFARE INSTITUTE LTD.Versus CESC LIMITED & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date:18. h February, 2013 Appearance Md.Farhaduddin, Advocate Mr.Moloy Bose, Advocate with Mr.Kaushik Banerjee, Advocate Ms.Falguni Jana, Advocate Mr.R.C. Guchchait, Advocate It has been submitted by the Counsel for the privaterespondent/owner of the said premises that the order dated 3rd January, 2013 was passed without service of notice of hearing. This submission is supported by service, which has returned as not claimed. and received by the Advocate of the petitioner subsequent to passing of the order dated 3rd January, 2013. So, admittedly on 3rd January, 2013 service had not been effected on the private respondent. This itself is in violation of the principle of natural justice and for the said reason the order dated 3rd January, 2013 can...
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