Kolkata Court September 2013 Judgments
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Fenner (India) Ltd. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET WP 93.OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE FENNER (INDIA) LTD.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :18. h September, 2013. Appearance : Mr.D.Basu Thakur, Adv.Mr.Anirruddha Sinha, Adv. for the petitioner. The Court : The petitioners have 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 24-06-2013 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 listed on 12th September,...
M/S. J.K. Builders and anr. Vs. Income Tax Officer, Ward 47 (2) Kol an ...
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET WP 92.OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.J.K.BUILDERS AND ANR. Versus INCOME TAX OFFICER, WARD 4 (2) KOL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :18. h September, 2013. Appearance : Ms.Sutapa Roychowdhury, Adv. for the petitioneRs.Mr.P.K. Bhowmik, Adv. for the respondents. The Court : Against an order of assessment the petitioner had filed an appeal before the Commissioner of Income Tax (Appeals) which is still pending. Amidst the pendency of the said appeal, an application under Section 220 (6) of the Income Tax Act, 1961 was taken out by the petitioner before the assessing authority to treat it as non defaulter. The grievance of the petitioner in this writ petition is that the authorities without disposing of the said application suo motu passed an order of attachment and an amount of Rs.3,14,570/- has already been debited from the bank account of the petitioner. The learned advocate appearing for the res...
The Board of Trustees of the Port, Calcutta Vs. Ghatal Steam Navigatio ...
Court: Kolkata
Decided on: Sep-18-2013
CS No.422 of 1980 IN THE HIGH COURT AT CALCUTTA OIRIDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE THE BOARD OF TRUSTEES OF THE PORT, CALCUTTA Versus GHATAL STEAM NAVIGATION Co.LTD.B E F O R E: The Honble Justice Soumen Sen Dated, the 18th September, 2013. Appearance: Mr.Dhrubo Ghosh, Adv.Mr.Dipak Ranjan Mukherjee, Adv.For the Plaintiff. Mr.Maloy Ghosh, Adv.Mr.Pramit Roy, Adv.Mr.Arindam Mukherjee, Adv.MRS.Mithua Sen, Adv.For the Defendant No.1. Mr.Ashok Banerjee, Sr.Adv.Mr.Amitava Deb, Adv.For the Defendant No.2. The Court:- The suit was pending for a long time and it appears that considering the nature of the dispute involved, an order was passed on 10th August, 2012 directing the parties to make a genuine attempts to settle the suit. Thereafter the suit remained adjourned from time to time. It further appears that the Chairman of the Board of Trustees, Kolkata Port Trust was directed to consider the proposal of the defendants for an amicable settlement. On February 26, 2013 when th...
Sandeep Agarwala Vs. Commissioner of Customs(Preventive), W.B. and ors
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET W.P.No.915 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANDEEP AGARWALA Versus COMMISSIONER OF CUSTOMS(PREVENTIVE).W.B.& ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :18. h September, 2013. Appearance : Mr.J.P.Khaitan,Sr.Advocate Mr.S.Bagaria,Advocate Mr.C.M.Ghorawat,Advocate..for petitioner. Mr.R.Bharadwaj,Advocate. Mr.K.K.Maity,Advocate for respondents. The Court: Affidavit of service filed in Court today be kept on record. The petitioner has challenged the notifications dated June 4, 2008, August 14,2012 and May 13, 2013 respectively issued by the Director General of Foreign Trade in exercise of section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with para 2.1 of the Foreign Trade Policy, 2009-2014 by which the CIF value was revised from Rs.35 to 110 and above per kg. According to the petitioner, those conditions are arbitrary and without any basis as the import cannot be restricted upon fixation of CI...
Vikrant Forge Ltd. and Anr. vs. Employees' State Insurance Corpn. and ...
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET WP No.150 of 2010 GA No.2265 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE VIKRANT FORGE LTD.& ANR. Versus EMPLOYEES' STATE INSURANCE CORPN. & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th September, 2013. Mr.Soumya Majumder, Adv.Mr.Dipayan Kundu, Adv..for the writ petitioners Mr.Mihir kundu, Adv..for E.S.I.The Court: The petitioners have challenged the order dated 18.01.2010 passed under Section 45A of the Employees State Insurance Act (E.S.I.Act).1948 whereby and whereunder the authorities have held that the petitioners are liable to pay a sum of Rs.6,87,048/- as arrears of the contribution. The challenge to the said order is thrown basically on the ground that while determining the liability towards non-payment of the contribution, the authorities have taken into consideration the amount incurred for repairs and maintenance of the plant and machinery and the buildings and others which are contrary to the said Act. Another limb of submission made by the...
Manoj Kumar Paul Vs. M.S.T.C. Ltd. and ors.
Court: Kolkata
Decided on: Sep-18-2013
WP No.896 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Manoj Kumar Paul Versus M.S.T.C.LTD.& ORS.Before: The Hon'ble Justice Harish Tandon Date: 18th September 2013 Appearance: Mr.R.Bharadwaj, Advocate Ms.Sutapa Sanyal, Advocate for the petitioner Mr.Sutanu Chakraborty, Advocate for respondent No.1 Mr.Gaurav Khaitan, Advocate Mr.Siddhartha Das, Advocate for respondent No.2 Mr.Soumitra Mukherjee, Advocate for sales tax authority The Court: Mr.Mukherjee, learned advocate appearing for the sales tax authorities submits that although he has received instruction to appear, but he has not been given the copy of the writ petition by his client. He, however, prays for a direction upon the petitioner to give him the copy of the writ petition so that the matter can be expedited and he will be able to take necessary instruction. The petitioner raises the question whether the VAT as applicable could be paid to the respondent No.1 when the price of the goods ...
Smt. Mahangi Bhuiyapetitioner Vs. Coal India Limited and ors.Responden ...
Court: Kolkata
Decided on: Sep-18-2013
0RDER SHEET WP No.195 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. MAHANGI BHUIYA Petitioner Versus COAL INDIA LIMITED & ORS.Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th September, 2013. For Petitioner For Respondents : Mr.Partha Ghosh, Advocate : Vijay Kumar, Advocate The Court : This is the case of a widow of a colliery worker, seeking compensation in lieu of compassionate appointment. Her husband died on 6th June, 1993. The case of the writ petitioner was rejected primarily on the ground that her claim to have been the wife of the deceased colliery worker was disputed. At the time of his employment on 3rd January.1973, the said employee had nominated somebody else as his wife. Thereafter the name of the petitioner was inserted as the nominee. It seems that one day before his death on 5th June, 1993 the name of his mother Panua was attempted to be inserted by him in the records, on the ground that his wife had left him. W...
Romjan Ali Mollick Vs. the State of West Bengal and Others
Court: Kolkata
Decided on: Sep-17-2013
ORDER SHEET WP No.119 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ROMJAN ALI MOLLICK Versus THE STATE OF WEST BENGAL & OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :17. h September, 2013. Appearance: Mr.Saptangshu Basu, Sr.Advocate Mr.R.A.Agarwal, Advocate Ms.Nibedita Pal, Advocate Mr.R.Dhara, Advocate Mr.A.G.Mukherjee, Advocate for the petitioner Mr.Pratik Prakash Banerjee, Advocate for the respondents The Court: The fiRs.point taken by Mr.Basu, learned Senior Advocate for the petitioner, was that there was not any foundation in the show case notice regarding closure of the shop-room, nonavailability of the writ petitioner and the books of accounts during inspection, as alleged in the order of the Principal Secretary, Food & Supplies Department & Commissioner, Food, dated 16th September, 2010. At page 1 of the show cause notice dated 27th October, 2008, being Annexure P2 at page 37 of the writ petition, there is enough foundation for the ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-17-2013
CP No.433 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: TITAGARH WAGONS LTD.-AndMAHENDRA KR JHUNJHUNWALA Appearance: Mr.Anirban Roy, Adv.Mr.Sachin Shukla, Adv...for the petitioner. Mr.Reetoborto Mitra, Adv.Ms.Radhika Singh, Adv.Ms.Sayani Chatterjee, Adv...for the company. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h September, 2013. The Court : The petitioning creditor claims on account of price of goods sold and delivered. The petitioner has relied on the particulars of the outstanding bills at Annexure-A to the petition. The company says that the claims in respect of all but the last three bills in the chart at Annexure-A to the petition are barred by the laws of limitation. This petition was presented on June 19, 2013. All bills raised prior to June 19, 2010 may be barred by limitation unless the petitioner can rely on the exceptions to the rule as recognised in the statute. The petitioner contends that paragraph 16 of the aff...
Ltd and Vs. in the Matter of : M/S Vf Brands Indiare
Court: Kolkata
Decided on: Sep-17-2013
ORDER SHEET CP No.399 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : M/S SEABIRD SALES PVT.LTD -AND - Petitioner Versus IN THE MATTER OF : M/S VF BRANDS INDIA PVT.LTD.Respondent BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date :17. h September, 2013. For Petitioner : Mr.Mr.Mr.Mr.S.B. Saraf, Advocate R. Bhattacharya, Advocate Prithwiraj Sinha, Advocate Ganesh N. Jajodia, Advocate The Court : The Registrar, Original Side is directed to intimate this Court as to why the orders passed in the connected application, being CA No.258 of 2013, have not been placed along with the orders passed in the main petition, i.e.CP No.399 of 2012. Perusing one of the orders passed in CA No.258 of 2013, it appears that Harish Tandon, J.on 24th June, 2013, has referred to an administrative order dated 18th May, 2007 and was of the view that the said application, being CA No.258 of 2013, could not be taken up by that Bench since it was an application for recal...
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