Kolkata Court January 2014 Judgments
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M/S. Shalimar Wires Industries Ltd. (Swil) Vs. Commissioner of Central ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-22-2014
D. M. Misra, J. 1. This is an application for waiver of predeposit of duty of Rs.12.31 Crores and penalty of Rs.1.50 Crores imposed under Rule 173Q of the erstwhile Central Excise Rules, 1944 and Rule 25 of the Central Excise Rules, 2002. 2. At the outset, the ld.Sr.Advocate appearing for the Applicant, has submitted that this is second round of litigation before this Tribunal. The Applicants are engaged in the manufacture of greig fabrics. The said goods were captively consumed in their factory in the manufacture of their final product, namely, synthetic wire cloths under Chapter Heading 5909.11 of CETA, 1985. The ld. Sr. Advocate submits that the Department proposed to levy and collect duty on the said greig fabrics, which are consumed captively for the manufacture of finished goods on the ground that these greig fabrics are finished goods and marketable. In the first round of litigation, this Tribunal has remanded the matter to the adjudicating authority with a direction to establis...
Chatterjee Petrochem (Mauritius) Company Vs. West Bengal Industrial De ...
Court: Kolkata
Decided on: Jan-21-2014
ORDER SHEET GA NO.130 OF2014WITH CS NO.216 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CHATTERJEE PETROCHEM (MAURITIUS) COMPANY Versus WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st January, 2014. Mr.S.Sarkar, Mr.S.Mitra, senior advocates, Ms.M.Bhattacharyyaappear. Mr.B.Chatterjee, senior advocate, Learned Advocate General appeaRs.Mr.S.K. Kapoor, senior advocate, Mr.M.Mishra, Mr.M.K. Tiwariappear. Mr.J.Saha, Mr.S.Roy Chowdhuryappear. The Court : In this interim application the petitioner wants a restraint order to be passed against WBIDC restraining them from transferring or dealing with their 520 million shares in Haldia Petrochemicals LTD.[HPL].I find that on 5th June, 2013 a Division Bench of this Court in an appeal concerning Winstar India Investment Co.LTD.had passed an interim order saying that it would be open to WBIDC, during the pendency of the stay application before t...
Swastidipa Rice Mill Pvt. Ltd. Vs. Icici Bank Ltd. and ors.
Court: Kolkata
Decided on: Jan-21-2014
ORDER SHEET GA No.56 of 2014 CS No.3 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWASTIDIPA RICE MILL PVT.LTD.Versus ICICI BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st January, 2014. Appearance: Mr.Ajoy Chattrerjee, Sr.Advocate Mr.A.K.Chowdhury, Advocate Mr.C.Dutta, Advocate The Court: For the time being, it appeaRs.upon hearing Mr.Chowdhury for ICICI Bank Ltd., that the reason why the warehouse receipts were not handed over to the plaintiff by the fiRs.defendant was that the plaintiff had not applied for such receipts on a prescribed format. Mr.Chowdhury went to the extent of submitting that if such an application was made in the prescribed format, his client would release the original warehouse receipts. In those circumstances, I direct the client of Mr.Chatterjee, learned Senior Advocate, to immediately make an application in the prescribed format as indicated by Mr.Chowdhury in Court to the bank by 31st January, 2014...
Amrit Cement Industries Limited Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-21-2014
ORDER SHEET W.P.No.29 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMRIT CEMENT INDUSTRIES LIMITED Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 21st January, 2014. Appearance : Mr.R.Tiwari, Adv.Mr.S.Mukherjee, Adv. for the learned Advocate-General 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. Mr.Mukherjee, advocate is represented learned Advocate General, submits 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 m...
Longlast Pipes (India) Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-21-2014
ORDER SHEET W.P.No.1264 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE LONGLAST PIPES (INDIA) PVT.LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 21st January, 2014. Appearance : Mr.P.Gupta, Adv.Ms.S.Dey, Adv.Mr.S.Mukherjee, Adv. for the learned Advocate-General 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. Mr.Mukherjee, advocate is represented learned Advocate General, submits 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 ...
Sreejit Kumar Tagore Vs. Radha Kishen Bhatter and ors.
Court: Kolkata
Decided on: Jan-21-2014
CS No.229 of 2004 GA No.3974 of 2005 GA No.724 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREEJIT KUMAR TAGORE Versus RADHA KISHEN BHATTER & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 21st January, 2014. Appearance: Mr.Pranit Roy, Adv.Mr.P.Basu, Adv.Mr.S.C. Roy Chowdhury, Adv.Mr.P.Chaturvedi, Adv.The Court : Time to file affidavit of documents by the defendant no.6 is extended till date. Learned advocate for the plaintiff has made a prayer for examination of the plaintiff on commission. The said prayer is not opposed by the defendants. Although the plaintiff is present in Court, but, in my view, it would be convenient if the said plaintiff is examined on commission. Accordingly, MRS.Ranjabati Sen, member of the Bar is appointed as Commissioner for the purpose of recording evidence of the plaintiff, Shreejit Kumar Tagore at his residence at 13 A, Prasunna Kumar Tagore Street, Calcutta on commission at a consolidated remuneration of Rs...
Piyush Bhartia, Karta of Piyush Bhartia (Huf) Vs. Pradeep Kayan
Court: Kolkata
Decided on: Jan-21-2014
ORDER CS No.110 of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PIYUSH BHARTIA, KARTA OF PIYUSH BHARTIA (HUF) Versus PRADEEP KAYAN BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 21st January 2014. Appearance: Mr.Debmalya Ghosal, Advocate ...for the plaintiff. Mr.Debnath Ghosh, Advocate ...for the defendant. Court: Although the suit is appearing under the list of undefended suit, learned counsel for the defendant appears and submits that the defendant has contested the application filed by the plaintiff for summary judgment which was ultimately dismissed on 19th January 2011 and thereafter there were some lapses on the part of the defendant in not filing the written statement and if an opportunity is given, the defendant would file the said written statement. It is submitted that a similar suit is pending between the parties in which directions have been given for discovery and inspection of documents. In view of the aforesaid submissions, this court is inclined...
M/S. Shree Ganesh Forging Company and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jan-21-2014
ORDER SHEET W.P.No.35 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.SHREE GANESH FORGING COMPANY & ANR. versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 21st January, 2014. Appearance : Mr.Arijit Chakraborty, Adv.Mr.N.K. Chowdhury, Adv. for the petitioner Mr.S.B. Saraf, Adv.Md.T.M. Siddiqui, Adv. for Central Excise The Court : The petitioner has assailed in this writ petition the notice of demand dated 20.12.2013 by the Assistant Commissioner of Central Excise, Howrah, North Division II, 5, Clive Row, Kolkata under Section 142 (1) (C) (ii) of the Customs Act, 1962 read with Rule 4 of the (Customs Attachment of Property of Defaulters for Recovery of Customs Dues) Rules 1995. A confusion is tried to be created in the name of the firm upon whom the aforesaid notice is issued. It is an admitted position that one Maram Laksmi Narayana was carrying on the business, which attracts the excise duty, as proprietor in the tra...
Precision Engineers and Fabricaters Pvt. Ltd. Vs. State of West Bengal ...
Court: Kolkata
Decided on: Jan-21-2014
ORDER SHEET W.P.No.1278 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRECISION ENGINEERS & FABRICATERS PVT.LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 21st January, 2014. Appearance : Mr.P.Gupta, Adv.Ms.S.Dey, Adv.Mr.S.Mukherjee, Adv. for the learned Advocate-General 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. Mr.Mukherjee, advocate is represented learned Advocate General, submits that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division...
Prafulla Kumar Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-21-2014
ORDER SHEET WP No.1285 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRAFULLA KUMAR GHOSH Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 21st January, 2014 Mr.Amal Baran Chatterjee, Advocate Mr.Sunanda Mohan Ghosh, Advocate ..for the petitioner Mr.Sadhan Roy Chowdhury, Advocate Mr.Sabhyasachi Roy Chowdhury, Advocate ..for the respondents The petitioner was a panel advocate of the State of West Bengal since 1983 till May, 2011. He is aggrieved because the bills raised by him for professional services rendered have not been cleared. I have heard learned advocates for the parties. It is not in dispute that the petitioner had been an empanelled advocate for nearly 28 yeaRs.In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent he is not entitled to the fees charged by him and to release such q...
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