Kolkata Court January 2014 Judgments
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M/S. M. P. Bhagat and Co. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jan-10-2014
AP No.788 of 2013 AP No.1012 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.M.P. BHAGAT & Co.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th January, 2014. Appearance: Mr.Amitabha Ghosh, Adv.Mr.Malay Kr. Das, Adv.Ms.Aparna Banerjee, Adv.The Court : These two petitions under Section 9 of the Arbitration and Conciliation Act, 1996 are by a railway contractor complaining of the arbitrary action on the part of the railways in both not releasing the dues of the petitioner and setting up a wrongful claim to seek payment of the amount deposited in the bank by way of security and withholding the amounts due to the petitioner in respect of other unrelated railway contracts. The petitioner claims that upon the petitioner insisting on payment of the petitioners final bill after successful completion of the work and renewing the demand a year after the satisfactory performance, the railways set up a claim of about Rs...
Swapan Kumar Saha Vs. Tapan Kumar Saha and Another
Court: Kolkata
Decided on: Jan-10-2014
ORDER SHEET CS No.153 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SWAPAN KUMAR SAHA Versus TAPAN KUMAR SAHA & ANOTHER BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 10th January 2014. Appearance: Ms.Suparna Mukherjee, Advocate ...for the plaintiff. Mr.D.S. Mullick, Advocate Mr.B.N. Jaiswal, Advocate ...for the defendant No.2. Court: Considering the report filed by the Chartered Engineer, it appears that the plaintiff is occupying lesser area than what is being occupied by the defendant No.2 solely and the defendant Nos.1 and 2 jointly. The Chartered Engineer is directed to effect partition of the property in question by allotting two rooms to the plaintiff, two rooms to the defendant No.1 and one room to the defendant No.2. The Chartered Engineer, in carrying out such partition by metes and bounds, would try to ensure as far as practicable not to displace the parties from their existing possession, but in the event it is found that in allotting the portion ...
Mr. Sunil Singhania, Ad Vs. …for the Petitioners
Court: Kolkata
Decided on: Jan-10-2014
ORDER SHEET CP No.99 of 2013 CA No.809 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : TWISTEX INDIA LTD.& ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 10th January, 2014. Mr.D.N.Sharma, Mr.Sunil Singhania, Adversus for the petitioners Ms.Kanta Roy, Adv.for the Central Government The Court : This application has been filed under Section 391(2) of the 1956 Act. An objection has been raised by the Central Government with regard to non-holding of meeting of the creditORS.both secured and unsecured of the transferor and transferee company. The transferor company has only two unsecured creditors both of which have given consent to the merger while the transferor company has no unsecured creditORS.Therefore in view of the consent given by the unsecured creditors of the transferee company and no unsecured creditors of the transferor company as on date, no meeting would be required to be held of the unsecured creditORS.No term loan has been take...
L and T Finance Limited Vs. Earth Mover Consultancy (P) Ltd. and anr.
Court: Kolkata
Decided on: Jan-10-2014
AP No.1221 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus EARTH MOVER CONSULTANCY (P) LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 10th January, 2014. Appearance: Ms.S.Saha, Adv.Mr.Rajeev Kr. Jain, Adv.The Court : The parties are agreed that a total sum of Rs.9,34,976.17 may be paid by the respondents and accepted by the petitioner in full satisfaction of the petitioners claim. This amount includes the defaulted instalments and the interest during the period of default calculated at 12 per cent per annum. The respondents seek to make the payment in instalments, but the petitioner insists that further interest must be paid during the tenure of the instalments. A demand draft for Rs.2 lakh has been made over by the respondents to the petitioner in court today. The balance sum of Rs.7,34,976.17 should be paid by the respondents to the petitioner in three equal or nearly equal monthly instalments beginn...
Resshi (Aone) Exports and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-10-2014
ORDER SHEET W.P.No.13 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RESSHI (A-ONE) EXPORTS AND ANR. Versus STATE OF WEST BENGAL AND ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 10th January, 2014. Appearance : Mr.Agnibesh Sengupta, 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 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. Mr.Mukherjee, Advocate who are represented learned Advocate General, 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...
Canara Bank Ltd and anr. Vs. Capricorn Oils Ltd and ors.
Court: Kolkata
Decided on: Jan-10-2014
ORDER SHEET GA38132013 GA37092013 APOT5762013 CS1252013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CANARA BANK LTD & ANR. Versus CAPRICORN OILS LTD & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 10th January, 2014. Mr.Ajay Krishna Chatterjee, Sr.Advocate Mr.Aniruddha Ray, Advocate for the appellant. Mr.Abhrajit Mitra, Advocate Mr.Soumabha Ghose, Advocate Mr.S.K.Kundu, Advocate for the respondent no.1. Ms.M.Priya, Advocate Mr.D.Sharma, Advocate for the respondent nos.2 to 5. The Court : There will be an order in terms of prayer (a) of the petition. The appeal is barred by 1 day. Causes shown being sufficient, delay is condoned. The appeal is taken on record. A short question is involved in this appeal as to whether the bank was entitled to accept the mortgage from the borrower despite an order of injunction restraining the party from alienating the property in question. Being aggrieved, the appellant-bank h...
Vs. M/S. Manaksia Ltd.Respondent
Court: Kolkata
Decided on: Jan-10-2014
ORDER SHEET G.A.No.2587 of 2013 I.T.A.T.No.144 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA - II Versus M/S.MANAKSIA LTD.Appellant/Petitioner Respondent BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA -AndThe Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 10th January, 2014. For Appellant/Petitioner : Mr.P.K.Bhowmick, Adv.For Respondent : Mr.J.P.Khaitan, Sr.Adv.with Mr.Sourav Bagaria, Adv.The subject matter of challenge in this appeal is a judgement and order dated 14th March, 2013 by which the learned Tribunal has set aside the findings of the Disputes Resolution Panel [DRP, for brevity].and consequently, the additions made by the Assessing Officer taking into account the adjustment made by the Transfer Pricing Officer [TPO, for brevity].on the basis of the directions of DRP were deleted. The DRP had already granted substantial relief to the assessee holding as follows : 4.1.2. We find that the TPO was justified i...
Mohanlal Agarwal Vs. National Insurance Co. Ltd
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-10-2014
1. This is to consider Appellants delay condonation petition, stating a delay of 1153 days in preferring the appeal, including the statutory period of 30 days, which being not intentional, be condoned. 2. In this case, the Respondent has filed one W.O. against such petition of the Appellant terming the same as non-maintainable on different counts. 3. Ld. Advocate for the Appellant has mentioned that the delay is not intentional and the same be condoned. 4. Ld. Advocate for the Respondent has made out that already there is subsisting an order of this Commission in this respect in RC/117/2011 against the order of the restoration of the case in Misc. Case No. 09/2011 vide Order No. 31 dated 04.08.2011 against the self-same impugned order of dismissal dated 4.6.2010, and against such order of this Commission, the Appellant moved before the Honble National Commission in RP No. 4189/2012, but subsequently, without assigning any reason therefore, has withdrawn the said revision from the Honbl...
M/S. Khaitan Electricals Ltd. Vs. Commissioner of Central Excise, Kol. ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-10-2014
D. M. Misra, J. 1. This is an application for waiver of cenvat credit of Rs.21.23 lakhs and equal amount of penalty imposed under 57 I of the erstwhile Central Excise Act, 1944 read with Section 11AC of the Central Excise Act, 1944. 2. At the outset, the ld.Advocate appearing for the Applicant, has submitted that during the period from April, 1994 to March, 1995, the Applicant had availed cenvat credit on the basis of invoices, gate passes etc.. It is his submission that even though the show-cause notice was issue to them on 2nd March, 1998, the adjudication process has commenced after 13 years and relevant documents were lost during the passage of time. The ld. Advocate further submits that the ld. Commissioner (Appeals) has not decided the issue on merit but directed to deposit Rs.20.00 lakhs against the confirmed dues. The ld. Advocate also pleads that if a fair chance be given to them, they can establish their case through records/documents that the inputs were duly received and ut...
Vs. United Bank of Indiadefendant/Responde
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET GA No.2643 of 2013 CS No.328 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DR. SHANKAR NATH NANDI Plaintiff/Petitioner Versus UNITED BANK OF INDIA Defendant/Respondent BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 9th January, 2014. For Plaintiff/Petitioner : Mr.Anirban Bose, Mr.Chandan Kumar Lal, Advocates For Defendant/Respondent : Mr.D.S.Mullick, Mr.Arif Hossain, Advocates The Court : In this suit for eviction on the ground of reasonable requirement the plaintiff has applied for enhancement of occupation charges and direction upon the defendant to pay proportionate Municipal rates and taxes as well as for commission to make enquiry with regard to the reasonable requirement of the plaintiff in the suit premises. Mr.Anirban Bose, learned Advocate appearing for the plaintiff, submitted that in order to expedite the hearing of the suit his client was giving up prayers (a) and (b) for the present moment. He submitted that without...
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