Kolkata Court January 2014 Judgments
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A.R.Overseas Tradecom Pvt Ltd Vs. the Addl.Commissioner of Customs(Por ...
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET W.P.No.1248 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE A.R.OVERSEAS TRADECo.PVT LTD Versus THE ADDL.COMMISSIONER OF CUSTOMS(PORT) & ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th January, 2014. For Petitioner : Mr.Sudhir Mehta,Advocate For Respondent : Mr.R.N.Das,Sr.Advocate Mrs.Santa Mitra,Advocate The Court : The solitary grievance raised in this writ petition relates to inaction on part of the respondents authorities in taking up an application filed by the petitioner for amendment of the Bill of Entry and provisional release. The learned advocate appearing for the respondents, however, submits that various allegations have been made in the writ petition and an opportunity should be given to controvert those averments. After hearing the respective counsels, it appears that justice would be subserved if the concerned authority before whom the application is made, is directed to consider and dispose of the same at an earl...
Super Gases and Appliances Pvt. Ltd. Vs. Fourth Industrial Tribunal
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET G.A.No.851 of 2013 W.P.No.2168 of 2003 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUPER GASES & APPLIANCES PVT.LTD.Versus FOURTH INDUSTRIAL TRIBUNAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th January, 2014. For Petitioner : MR.NILAY SENGUPTA,ADVOCATE For Respondent No.3 : MR.ATUL CHANDRA GIRI,ADVOCATE The Court : This is an application at the instance of the workman seeking a direction upon the writ petitioner to pay the last drawn wages from the month of April, 2006 and the House Rent Allowance from the month of November, 2003 to March, 2004. According to the petitioner, while disposing of an application under section 17B under the Industrial Disputes Act, 1947 the Court directed that the writ petitioner is to pay last drawn wages as well as the House Rent Allowance during the pendency of this writ petition. Subsequently, an application was taken out by the writ petitioner for modification of an order on the plea that the workman...
Tata Chemicals Ltd. Vs. East Coast Fertilizer and Chemicals Ltd. and a ...
Court: Kolkata
Decided on: Jan-09-2014
ORDER CS No.251 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction TATA CHEMICALS LTD.Versus EAST COAST FERTILIZER & CHEMICALS LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 9th January 2014. Appearance: Mr.Dwarkanath Chattopadhyay, Advocate ...for the plaintiff. Court: The report filed by the Registrar, Original Side, High Court at Calcutta dated 26th November 2013 shows that the defendant No.2 has filed written statement on 2nd September 2013 but the defendant No.1 has not filed any written statement till 25th November 2013. in court. None of the defendants however are represented The direction for discovery and inspection was passed on 16th August 2013. Learned counsel for the plaintiff submits that the defendant No.2 had filed written statement but did not disclose any document or offered inspection thereof. However, for the ends of justice and by way of last opportunity to the said defendant NO.2 to contest the proceeding, the said defendant No.2 s...
Magma Fincorp Limited Vs. M. Mallikarjuna and anr.
Court: Kolkata
Decided on: Jan-09-2014
AP No.808 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side MAGMA FINCORP LIMITED Versus M. MALLIKARJUNA & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th January, 2014. Appearance: Mr.Utpal Bose, Adv.Mr.K.K. Pandey, Adv.The Court : The respondents are not represented despite previous service. The petitioner had insisted at the initial stage that it would be more effective for an injunction to be issued restraining the respondents from receiving payments from their debtors in view of the deed of assignment executed by the respondents. A receiver was appointed to ascertain from the debtors of the respondents as to the amounts due to the respondents. The receiver has filed a report from which it appears that no sum is due or owing from the respondents debtors named in the petition. The petitioner now seeks an order for the receiver to take possession of the assets since a substantial amount in excess of Rs.10 lakh is due only on account ...
Nlc Nalco India Ltd. Vs. Ram Prosad Bhattacharya
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET APO3392012 CS1902009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE NLC NALCO INDIA LTD.Versus RAM PROSAD BHATTACHARYA BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th January, 2014. Mr.Jayanta Mitra, Sr.Adv., Mr.Aryak Dutt, Adv., Mr.Saurabh Maitra, Adv., Mr.Mohit Jolly, Adv., Mr.Gaurav Purkayastha, Adv., for the appellant. Mr.Pradyumna Sinha, Adv., Mr.Supratim Laha, Adv., for the respondent. The Court : The respondent was the managing director of the appellant. He was a whole-time director and drawing salary and perquisites as per the agreement entered into by and between the parties. The agreement would, inter alia, provide the following : In case your service are terminated or you have opted for voluntary release at the Companys request, after having completed 10 years continuous service with the Company for any reason other than on disciplinary grounds such as dishonesty, insubordination etc.you wi...
Bhaiya Electronics and Electricals and anr. Vs. Joint Commissioner, Co ...
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1080OF2013BHAIYA ELECTRONICS & ELECTRICALS & ANR. Versus JOINT COMMISSIONER, COMMERCIAL TAX & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th January, 2014. Mr.S.Chatterjee , 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 t...
Magma Fincorp Limited Vs. M/S. R. L. Behani and anr.
Court: Kolkata
Decided on: Jan-09-2014
GA No.3587 of 2013 AP No.871 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED -VersusM/S.R.L. BEHANI & ANR. Appearance: Mr.K.K.Pandey, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : January 9, 2014. The Court : The respondents are represented despite service. The petitioners previous petition under Section 9 of the Arbitration and Conciliation Act, 1996 was disposed of by an order of November 27, 2013 by accepting the offer of Rs.24 lakh for sale of the three tippers that had been taken possession of by the receiver. The petitioner now has brought an offer of Rs.48.63 lakh for the three tippeRs.Since the present offer is substantially higher than the price at which the tippers were earlier sold, the order dated November 27, 2013 is recalled. The receiver confirms that the previous purchaser has been returned the money that had been paid. The sale of the three tippers is now confirmed in favour of Mr.Dharmendra Dwived...
Hdfc Ltd. Vs. Mojammel Haque and anr.
Court: Kolkata
Decided on: Jan-09-2014
AP No.1571 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction HDFC LTD.Versus MOJAMMEL HAQUE AND ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th January, 2014. Mr.Chayan Gupta, Adv.appears The Court : The respondents are not represented despite service. The respondents have not shown any interest in the matter as would be evident from the orders passed on AP No.194 of 2013, which was the previous petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the petitioner in respect of the same reference. AP No.194 of 2013 was disposed of on August 16, 2013 since no offers had been received for the asset that had been taken possession of by the Receiver. The petitioner reports that an award has been passed in the petitioners favour on November 29, 2013 and the award has not become executable yet. The petitioner says that the Receiver has received an offer of Rs.12.5 lakh for the commercial vehicle which cost about Rs.23 lakh in May,...
Laxmi Investors Vs. Catholic Syrian Bank Ltd.
Court: Kolkata
Decided on: Jan-09-2014
CS86of 2005 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE LAXMI INVESTORS Versus CATHOLIC SYRIAN BANK LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th January, 2014. Mr.Bajrang Manot,Advocate appeaRs.The Court : - The report of the Registrar, High Court, Original Side depicts a complete sorry state of affairs with regard to the maintenance of record. The explanation offered for not producing the said record is far from satisfactory. It appears that the issues have been framed on 9th July,2007. It is unthinkable that the record of the suit would not be available with the department concerned. The Registrar, High Court, Original Side is directed to hold an enquiry and find out the person responsible for loss of such record. Let this order shall be communicated to the Registrar, High Court, Original Side in the Administrative Side for compliance. The Registrar, High Court, Original Side must file a report within four weeks from date. The Assistant Registrar attached to this Court is di...
Eastern Coalfields Ltd. Vs. Vikash Metal and Power Ltd.
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET APO3272012 CS3002011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EASTERN COALFIELDS LTD.Versus VIKASH METAL & POWER LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th January, 2014. Mr.Pradip Kumar Dutta, Sr.Adv., Mr.Sudhakar Prasad, Adv., for the appellant. The Court : The respondent-company entered into an agreement with the appellant for lifting of coal. They also furnished guarantee to the extent of Rs.56.16 lakhs securing the claim of the appellant. The respondent did not lift the required quantity resulting in termination of the contract. The respondent filed a suit challenging the termination. The coal company terminated the contract and invoked the bank guarantee. The learned Judge restrained the coal company from using the money covered by the bank guarantee received by them after invocation. Hence, this appeal. Despite repeated calls, none appears to oppose this appeal. Hence, we are com...
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