Kolkata Court January 2014 Judgments
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Maganlal Devshibhai and Co. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1271OF2013MAGANLAL DEVSHIBHAI & Co.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.D.Basu,Advocate for petitioner. Mr.S.Mookherjee,Advocate. for respondent. 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 24-062013 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 m...
M/S.Finlay Agencies(India)pvt Ltd Vs. the State of West Bengal and ors ...
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1261OF2013M/S.FINLAY AGENCIES(INDIA)PVT LTD Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.D.Basu,Advocate for petitioner. Mr.S.Mookherjee,Advocate. for respondent. 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 24-062013 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...
Smt.Prabha Agarwal Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1260OF2013SMT.PRABHA AGARWAL Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.D.Basu,Advocate for petitioner. Mr.S.Mookerjee,Advocate for respoondent. 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 24-062013 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 ...
Sarveshwari Mining (P) Ltd. Vs. the Official Liquidator, High Court, C ...
Court: Kolkata
Decided on: Jan-24-2014
CA No.891 of 2010 CP No.580 of 2000 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION In the matter of: The Sutna Stone & Lime Co.LTD.(In Liqn.) And Sarveshwari Mining (P) LTD.Versus The Official Liquidator, High Court, Calcutta Before: The Honble Justice I.P.MUKERJ.Date: 24th January 2014 Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.Subrata Dutta, Advocate Ms.Kuheli Sinha, Advocate Mr.S.Sinha, Advocate for Sarveshwari Mining Mr.Ravi Kapur, Advocate Mr.Aditya Kanodia, Advocate for District Magistrate, Sutna MRS.Ruma Sikdar, Advocate for Official Liquidator The Court: The original report filed by the Collector and District Magistrate, District Sutna, Madhya Pradesh dated 13th December 2013 is considered in Court. Mr.Kapur, learned advocate for the Collector and District Magistrate has today tendered an additional report in Hindi. Let this report be translated in English by the Department of this Court and circulated by Mr.Kanodia to Mr.Ahin Chowdhurys Advocate-on-Reco...
Ashok Kumar Ghosh Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1272OF2013ASHOK KUMAR GHOSH Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.D.Basu,Advocate for petitioner. Mr.S.Mookherjee,Advocate. for respondent. 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 24-062013 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 ...
M/S.Modern India Projects India Ltd. Vs. M/S.S.S. Tracom Pvt. Ltd. and ...
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ACO122014 ACO52014 APOT372014 CP602013 AND ACO112014 ACO62014 APOT382014 CP612013 AND ACO92014 ACO72014 APOT392014 CP632013 AND ACO102014 ACO82014 APOT402014 CP622013 M/S.MODERN INDIA PROJECTS INDIA LTD.Versus M/S.S.S.TRACo.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 24th January, 2014. Mr.Jayanta Banerjee, Advocate Syed Zulfikar Ali, Advocate for the appellant. Mr.Paritosh Sinha, Advocate for L & T Finance LTD.Mrs.Ruma Sikhdar, Advocate for the Official Liquidator. The Court : The appeal is barred 111 days. Causes shown being sufficient, delay is condoned. The appeal is taken on record. These appeals would arise out of an order of winding-up. Despite directions for payment, the company could not pay. Hence, the learned Judge was compelled to pass order of winding-up in CP602013. The other winding-up petitions were disposed of in view of th...
Rashmi Umbrella Pvt Ltd Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1276OF2013RASHMI UMBRELLA PVT LTD Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.D.Basu Thakur ,Advocate for petitioner. Mr.S.Mookherjee,Advocate. for respondent. 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 24-062013 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 i...
Vs. Ravindra Kamalakant Sukla @ Ravindra K. Sukla and anr.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.2584 GA No.2585 APOT No.417 WP No.475 of of of of 2013 2013 2013 2012 THE COMMISSIONER OF CUSTOMS [AIRPORT & ADMINISTRATION].& ORS Versus RAVINDRA KAMALAKANT SUKLA @ RAVINDRA K. SUKLA & ANR. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 24th January, 2014. For Appellants : Mr.S.B. Saraf, with Mr.Md.T.M.Siddiqui,Advocates For Respondents : Mr.S.N. Bhattacharjee with Mr.Amritalal Chatterjee,Advocates The Court : After hearing the learned advocates for the parties and after going through the grounds made in the application for condonation of delay, we condone the delay. Accordingly, the application, being GA No.2584 of 2013, for condonation of delay is allowed. The subject matter of challenge in this appeal is a judgment and order dated 9th October, 2012 passed by sister Banerjee, J. by which the following order was passed: The impugned orders cannot ...
M/S. Cemegra Balls (India) Ltd. and anr. Vs. Commissioner of Central E ...
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET W.P.No.1079 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.CEMEGRA BALLS (INDIA) LTD.& ANR. Versus COMMISSIONER OF CENTRAL EXCISE, KOL IV COMMISSIONERATE, & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.S.Dasgupta, Adv.Mr.Soumyajit Dasgupta, Adv.Mr.R.Bharadwaj, Adv.Mr.K.K. Maity, Adv.The Court : Challenging an action of the authorities to pass an order without supplying the copy of the documents relied upon by the authorities, the petitioners approached this Court by filing the writ petition. The writ petition stood dismissed and the order of dismissal was carried in an intra-court appeal. By order dated 17.05.2011 the Division Bench set aside the said order and directed the respondents to supply the documents as asked for in the letter dated 23.03.2006 if the cost assessed 100 GMs is paid within fortnight from the date of receipt of a copy of the order. The Division Bench, further, direct...
M/S. Mohta Technocrats Pvt. Ltd and anr. Vs. Customs, Excise and Servi ...
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET W.P.No.50 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.MOHTA TECHNOCRATS PVT.LTD AND ANR. Versus CUSTOMs.EXCISE AND SERVICE TAX APPELLATE TRIBUNAL EZ BRANCH BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.J.P. Khaitan, Sr.Adv. for the petitioner Mr.S.B. Saraf, Adv.Mr.K.K. Maity, Adv. for the respondent The Court : The order dated 20.11.2013 passed by the Customs & Excise and Service Tax Appellate Tribunal, Eastern Bench, Kolkata is the subject matter of challenge in this writ petition. By the impugned order the Tribunal disposed of an application seeking waiver of condition of pre-deposit of duty on the ground that the petitioners did not co-operate with the department and the plea sought to be raised for the fiRs.time before the Tribunal was neither taken before the adjudicating authority nor raised in the pleading. According to the petitioners the aforesaid findings are beyond the records. My...
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