Kolkata Court January 2014 Judgments
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Smt. Saily Ghose ors. Vs. Debapriya Sen and ors.
Court: Kolkata
Decided on: Jan-24-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Tapan Kumar Dutt January 24, 2014 GA28of 2013 CS1147of 1947 Smt. Saily Ghose ORS.versus Debapriya Sen & ORS.Mr.Aurobinda Chatterjee, Advocate with Mr.H.P.Bose, Advocate for the petitioners The Court :- It may be recorded here that the affidavits of service have already been filed by the learned Advocate for the petitioners as submitted by the said learned Advocate. At the very out set the learned Advocate for the petitioners submits that this matter is similar to the matter being GA27of 2013 and therefore similar orders are required to be passed It appears from the submissions made by the learned Advocate for the petitioners and from the statements made in the application that the properties in question belong to a certain deity, that is, Shri Shri Ishwar Gokul Chandra Jew as mentioned in the petition. The petitioners have stated in the application that the properties in question are entirel...
Ncc Limited Vs. State of West Bengal and ors
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET A.P.No.77 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NCC LIMITED Versus STATE OF WEST BENGAL & ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. For Petitioner : Mr.Abhrajit Mitra,Advocate Mr.S.Ghosh,Advocate Mr.S.Basu,Advocate Mr.S.K.Chakraborty,Advocate For State : Mr.Samrat Sen,Advocate Mr.P.Sinha,Advocate Mr.Mainak Bose,Advocate The Court : This matter was mentioned in the morning to seek a leave to move at 2 P.M.as unlisted matter and upon leave being granted in this regard, the matter is taken up at 2 P.M.In this application under section 9 of the Arbitration and Conciliation Act, 1996, the petitioner prays for an interim order restraining the respondents from taking steps to invoke the bank guarantee. The petitioner was awarded a contract for reconstruction, remodelling and improvement of the embankment at Sundarban and adjoining areas in the district of North and Sought 24 Parganas. In terms of the...
Medico Distributor a Proprietorship Firm Represented by Its Proprietor ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-24-2014
Debasis Bhattacharya, Member: This appeal is directed against the order dated 30.08.2012 passed in Case No. 36A/2010 by the Ld. District Forum, Unit-II Kolkata. By the impugned order, the Ld. District Forum has dismissed the said complaint case without cost. Being highly aggrieved and dissatisfied with the same, the Complainant thereof has preferred this appeal. By the petition of complaint, it has been made out that it is proprietorship firm. Proprietor, Sukdeb Mustafi, a dealer of medicine, and for smooth running of the business, he obtained cash credit facility from the OP No. 4 for an amount of Rs. 6,00,000/- (Rupees six lakhs) by hypothecation of stock of business , and also obtained one insurance policy from the OP National Insurance Co. Ltd being no. 150/07/48/04/980-1085 for the period from 21.03.2005 to 20.03.2006 and the policy risk covered was stocks, furniture and fixtures to the extent of Rs. 8,00,000/- ( Rupees eight lakhs).During the policy period, an incident of dacoity...
Manab Sur Vs. Arobinda Biswas
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-24-2014
Kalidas Mukherjee, President: This order relates to the petition for condonation of delay of 793 days in filing this appeal u/s 15 of the C.P. Act. It has been stated in the petition for condonation of delay that the case no.CC 91 of 2010 was disposed of on 31/01/11. The Appellant engaged a Learned Advocate in the complaint case no.91 of 2010, but he did not take any step in the day to day proceeding before the Learned District Forum, Kolkata, Unit-II and the Learned District Forum proceeded to dispose of the case. Although the judgment was delivered on 31/01/11, the Appellant came to know about the judgment and order only after getting notice in Execution Case No.EA 6 of 2013. On 24/05/13 the Appellant came to learn from the local P.S. about the warrant of arrest issued by the Learned District Forum in the said execution case. On 14/06/13 the Appellant engaged another Ld. Advocate and narrated the entire incident to him. Thereafter the appeal was filed, but in the mean time the delay ...
M/S. Viswa Industrial Co. Pvt. Ltd. Vs. Commissioner of Central Excise ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-24-2014
D. M. Misra, J. 1. This is an application for waiver of cenvat credit of Rs.2.22 lakhs and equal amount of penalty imposed under 15 (2) of Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, the ld. Advocate appearing for the Applicant, has submitted that out of the said demand, Rs.15,633/- relates to availing of cenvat credit on GTA services for the period October, 2005 to March 2006, and Rs.2,07,178/- relates to input service credit on procurement of orders and collection of payments against commission (under Business Auxiliary Service). The ld. Advocate submits that the ld. Commissioner (Appeals) has dismissed the appeal for non-compliance with the direction of predeposit of 50% of duty and penalty. He submits that the issue relating to availment of cenvat credit on input service, namely, GTA, is covered by the judgment of the Honble High Court of Karnataka in the case of CCEx. and S.Tax, Bangalore Vs. ABB Ltd. : 2011 (22) STR-386 (Kar...
M/S. Jharkhand State Food and Civil Supplies Corporation Vs. Commissio ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-23-2014
D.M. Misra, J. 1. This is an Application seeking waiver of pre-deposit of Service Tax of Rs.50.14 Lakhs and equal amount of penalty imposed under Section 78 and penalty under other provisions of the Finance Act, 1994. 2. At the outset Shri Rohit Ranjan Sinha, Ld. Advocate submits that the Applicants are State Govt. undertaking and engaged in supply of sugar and foodgrains under Public Distribution System for the general public and normally directed for the public below poverty line. The Applicant submits that in the course of distribution of said sugar and foodgrains through distribution points at various places, they engage transport services of individual truck owners. It is his submission that the department has confirmed the demand on the ground that the Applicant had availed the GTA Services and accordingly required to discharge Service Tax. He submits that the Applicant all along been taking the services of individual truck owners in rendering the services, which issue has been s...
St. Francis Xavier Education Society and anr. Vs. Chief Commissioner o ...
Court: Kolkata
Decided on: Jan-22-2014
ORDER SHEET WP39of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ST. FRANCIS XAVIER EDUCATION SOCIETY & ANR. Versus CHIEF COMMISSIONER OF I.T.-III, KOL. & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 22nd January, 2014. For For Petitioners : MR.A.MITRA, ADVOCATE Respondents : MR.M.NIZAMUDDIN, ADVOCATE The Court : The petitioners have assailed the action of the authorities concerned in issuing the notices demanding the documents to be submitted and fixing a date for hearing on the ground that the said authorities lack statutory competence. The petitioners institution is exempted from tax under section 10(23C)(vi) of the Income Tax Act, 1961 (for short the Act).The petitioners the have been submitting the returns periodically and exemptions under the aforesaid provision of the Act. availing The bone of contention in this writ petition, on behalf of the petitioneRs.is that the authorities who have issued the notices are not competent to initiate...
Windsor Biogen Private Limited Vs. OrigIn Agrostar Limited and anr.
Court: Kolkata
Decided on: Jan-22-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE G.A.No.3468 of 2007 With C.S.No.133 of 2007 AND G.A.No.3938 of 2007 G.A.No.591 of 2008 WINDSOR BIOGEN PRIVATE LIMITED Versus ORIGIN AGROSTAR LIMITED & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd January, 2014. Appearance : Mr.A.Kanodia, Adv.Mr.R.Sarkar, Adv.for the plaintiff. Mr.Jishnu Chowdhury, Adv.Mr.Soumabho Ghosh, Adv.Mrs.S.Agarwal, Adv.MRS.Anindita Biswas, Adv.for the defendant No.2 The Court: The Order 7 Rule 11 application (G.A.No.3468 of 2007) has to fail for several reasons. FiRs.it was contended by Mr.Soumabho Ghosh, leaned Advocate followed by Mr.Jishnu Chowdhury, learned Advocate, for the second defendant/applicant that the plant and machinery are embedded in the ground. These items appear to be so from their very nature which is described, inter alia, in paragraph 5 of the plaint. Hence, these are immovable property. They are situated in Tamil Nadu. Since the claim in the...
Srei Equipment Finance Ltd. Vs. Gireesh Infrastructure Pvt. Ltd. and a ...
Court: Kolkata
Decided on: Jan-22-2014
AP No.1379 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus GIREESH INFRASTRUCTURE PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 22nd January, 2014. Appearance: Mr.S.Banerjee, Adv.Mr.R.Bhattacharya, Adv.The Court : Despite the previous order of January 7, 2014, the payment of Rs.50 lakh as directed thereby has not been made by the respondents. The petitioner claims that an amount in excess of Rs.3.89 crore is due only on account of defaulted instalments, without taking into account the interest and the other charges that the respondents are liable to pay in terms of the agreement. The respondents say that payments have not been released by the Bihar Government in respect of the buses which are plying under some transport authority of that State Government. The respondents also say that monies due to them from their debtors have been blocked up which has resulted in the present financial crisis...
Deepak Khemka Vs. the Official Liquidator and anr.
Court: Kolkata
Decided on: Jan-22-2014
ORDER SHEET CA No.518 of 2012 CP No.170 of 2011 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: SCHEFIELDS LTD.( IN LIQN.) AND DEEPAK KHEMKA versus THE OFFICIAL LIQUIDATOR & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 22nd January, 2014. Mr.Ravindra Tiwary for petitioning creditor. Mr.Reetobroto Mitra, Ms.M.Priya for the company. Ms.Ruma Sikdar for Official Liquidator. Mr.Rudraman Bhattacharyya, Ms.N.Adhya for Phoenix ARC PVT.LTD.The Court : By order dated 16th May, 2012 the company was directed to be wound up and pursuant thereto the Official Liquidator has also taken physical possession of the registered office of the company in liquidation. This application has been filed by a contributory of the company in liquidation for stay of the winding up proceeding as it is ready and willing to make payment of the dues of the petitioning creditor in the manner stipulated in the electronic mail dated 17th July,2012. Accordingly, let payments be made as agreed betwee...
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