Kolkata Court January 2014 Judgments
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Vivid Commodities Pvt. Ltd. and anr. Vs. Addl. Director General of For ...
Court: Kolkata
Decided on: Jan-09-2014
WP No.1282 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION Vivid Commodities PVT.LTD.& Anr. Versus Addl. Director General of Foreign Trade & ORS.Before: The Hon'ble Justice Harish Tandon Date: 9th January 2014 Appearance: Mr.V.N. Dwivedi, Advocate Mr.Piyush Dwivedi, Advocate for the petitioner Mr.Uttam Kr. Mazumder, Advocate for the respondent The Court: Under the foreign trade policy for the year 2009-14 the petitioner claimed a benefit under the deemed export which was initially sanctioned, but later withdrawn. Various correspondence were exchanged thereafter by and between the petitioner and the respondent authorities relating to the above claim. The matter was thereafter referred to the policy interpretation committee of the respondent No.3 who ultimately held that the dispute does not involve policy interpretation and redirected the matter to be considered by the regional authority being respondent Nos.1 and 2 herein. The petitioner alleges that the authorities are not...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-09-2014
Company Application No.536 of 2013 In the High Court at Calcutta Original Jurisdiction In the Matter of : Adapt Investments Limited & Ors. Appearance Mr. Ratnanko Banerjee, Adv. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :9. h January, 2014. The Court : That a meeting of the Equity Shareholders of Adapt Investments Limited (hereinafter referred to as Adapt.) shall be convened and held at Emerald House, 1B, Old Post Office Street (ground floor), Kolkata 700 001 on Wednesday, the 12th day of February, 2014 at 3 p.m. for the purpose of considering, and if thought fit, approving, with or without modifications, the proposed Scheme of Arrangement between Adapt, Adorn Investments Limited (hereinafter referred to as Adorn.), Off-Shore India Limited (hereinafter referred to as Off-Shore.), Trade Apartments Limited (hereinafter referred to as Trade.), Universal Industrial Fund Limited (hereinafter referred to as Universal.), Ujala Agency Private Limited (hereinafter referred to as Ujala.),...
Magma Fincorp Limited Vs. Durga Construction Co and anr.
Court: Kolkata
Decided on: Jan-09-2014
1 ORDER SHEET GA No.12 of 2014 APOT No.1 of 2014 AP No.1329 of 2013 -andGA No.17 of 2014 APOT No.3 of 2014 AP No.1331 of 2013 -andGA No.18 of 2014 APOT No.4 of 2014 AP No.1330 of 2013 -AndGA No.19 of 2014 APOT No.5 of 2014 AP No.1328 of 2013 -AndGA No.27 of 2014 APOT No.10 of 2014 AP No.1332 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus DURGA CONSTRUCTION CO & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th January, 2014. Appearance: Mr.Samrat Sen and Mr.Paritosh Sinha, Ld. Advocates for the appellant. The Court :- Despite service, none appears to oppose this application. These appeals would involve a common question as to whether the injunction appellant restraining money from its debtORS.would the be entitled respondent to from an order receiving of any Mr.Sen appearing for the appellant would claim, there has been huge outstanding on account of hire purchase agreement being enter...
New Central Jute Mills Co. Pvt Ltd Vs. Abhideep Global France Ltd(Prev ...
Court: Kolkata
Decided on: Jan-09-2014
1 ORDER SHEET APOT No.582 of 2013 GA No.3748 of 2013 AP No.1210 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE NEW CENTRAL JUTE MILLS Co.PVT LTD Versus ABHIDEEP GLOBAL FRANCE LTD(PREVIOUSLY KNOWN AS CUBE FINTEX(P -AndGA No.3754 of 2013 APOT No.583 of 2013 A.P.No.1211 of 2013 NEW CENTRAL JUTE MILLS CO PVT.LIMITED -VS KONICA TRADERS PVT LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th January, 2014. Appearance; Mr.Abhrajit Mitra, Mr.Rupak Ghosh and Mr.Ashis Mukherjee, ld. Advocate for the Appellant in APOT No.582 of 2013. Mr.R.N. Dutta and Mr.Hare Krishna Halder, Ld. Advocates for the appellant in APOT No.583 of 2013. Mr.Pratap Chatterjee, Sr.Advocate with Mr.Ratnanko Banerjee, ld. Advocate for Respondent in APOT No.583 of 2013. Mr.Reetobroto Mitra and Mr.P Sarogi, ld. Advocate For the respondent in APOT No.582 of 2013. Mr.Ranjan Bachawat with Mr.Debnath Ghosh Ld. Advocates for the Company. The Court Mr.Pradip Saro...
indrapuri Studios Private Limited and anr. Vs. Rashmi Bubna and ors.
Court: Kolkata
Decided on: Jan-09-2014
1 ORDER SHEET APOT No.575 of 2013 GA No.3707 of 2013 CS No.416 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE INDRAPURI STUDIOS PRIVATE LIMITED & ANR. Versus RASHMI BUBNA & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 9th January, 2014. Appearance: Mr.S.N.Mitra, Sr.Advocate with Mr.Arindam Mukherjee and Mr.Deepak jain, ld. Advocates For the appellant. Mr.Pratap Chatterjee, Sr.Advocate with Mr.Ratnanko Banerjee, ld. Advocate For the respondent. Mr.S.N. Mookherjee Sr.Advocate with Mr.Anirudha Roy And MRS.Vijaya Bhatra, ld. Advocates for Respondent Nos.5, 6 and 7. The Court :- We heard this appeal on the last occasion when Mr.Mitra volunteered to deposit a sum of Rs.4.46 crore in any Nationalized Bank of his choice. Accordingly, Mr.Mitra produces the photocopy of the fixed deposit receipt from Vijaya Bank, Part Street Branch, Kolkata for Rs.4.46 crore. We hope and expect, the appellant would keep the fixed deposit re...
Sharwan Kumar Damani Vs. Vijaya Bank and ors.
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET W.P.No.256 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHARWAN KUMAR DAMANI Versus VIJAYA BANK AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th January, 2014. Appearance : Mr.D.S. Mishra, Adv.Mr.S.K. Mishra, Adv. for the petitioner Mr.A.Bhattacharyya, Adv. for respondent Nos.1,2 & 3 Ms.Santa Mitra, Adv. for the Service Tax Dept. (respondent Nos.4 &5) The Court : The petitioner let out a portion of the fiRs.floor at premises No.53 ABC, Surya Sen Street, Kolkata 700 009 to the respondent bank on the basis of an agreement for lease. One of the terms and conditions embodied under the said agreement provides that the corporation tax and the other levy shall be borne by the lessor that is the petitioner herein. According to the petitioner at the time when the said premises was demised unto the respondents bank there was no imposition of the service tax on the rent which came into effect subsequently. The service tax authoritie...
Soumen Kumar Lahapetitioner Vs. State of West Bengal and ors.Responden ...
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET WP No.1169 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SOUMEN KUMAR LAHA Petitioner Versus STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date : 9th January, 2014. For Petitioner : Mr.S.S. Arefin, Advocate For Respondents : Mr.Sadananda Ganguly, Advocate The Court : This writ application is filed by the petitioner for a direction upon the respondent authority to extend the benefit of post graduates scale of pay in his favour in connection with his service as an Assistant Teacher of Jaragram High School, District Burdwan in Physics (under Honours/Post Graduate category).The name of the petitioner was recommended for appointment as an Assistant Teacher of the above school by the West Bengal Regional School Service Commission, Eastern Region by a communication dated September 24, 2002. The petitioner joined the above service on and from October 9, 2002. Prior to his above appointment, the petitione...
Sri Mahendra Kumar Sutar, Proprietor of M/S. R.C. Metal Vs. Union of I ...
Court: Kolkata
Decided on: Jan-09-2014
ORDER SHEET W.P.No.19 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.MAHENDRA KUMAR SUTAR, PROPRIETOR OF M/S.R.C.METAL Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th January, 2014. Appearance : Mr.Arijit Chakraborty, for the petitioner Mr.R.Bharadwaj, Adv.Ms.Santa Mitra, Adv. for respondent Nos.1,2 & 3 Mr.Koushik De, Adv. for respondent Nos.4 & 5 The Court : The petitioner is much vocal against the action of the authorities in dealing with the matter which reached a point where no export is possible because of the discrepancy in the classification of the goods sought to be exported. The authorities have shown much reluctance in taking a prompt action resulting into expiration of the letter of credit which not only caused a loss to the petitioner but to the government exchequer as well. The sample taken out has been sent to the laboratory but the report has not reached as submitted by Mr.Dey appearing for the re...
M/S. Action Power and Ispat Ltd. Vs. Commissioner of Central Excise, B ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-09-2014
D. M. Misra, J. 1. This is an application for waiver of predeposit of cenvat credit of Rs.8.99 Crores and equal amount of penalty imposed under Rule 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 during the period from June, 2005 to August, 2010, they had availed cenvat credit on various items, namely, M.S.Angles, Channels, Beams, Plates, flats, G.C./G.P. Sheets etc., used in the manufacture of capital goods, and on certain capital goods, under Rule 2 (k) and Rule 2 (a) of Cenvat Credit Rules, 2004, respectively. The demand was confirmed against them on the ground that the aforesaid items were used in fabrication of structural not related to capital goods as defined as Rule 2 (a) of Cenvat Credit Rules, 2004, hence not admissible to credit. Rebutting the said allegation leveled in the show-cause notice, the Applicant had furnished the detail use of the said ite...
Vs. Hari Prasad Mantridefendant/Respon
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET EOS No.41 of 1999 IN THE HIGH COURT AT CALCUTTA Extra-Ordinary Original Civil Jurisdiction ORIGINAL SIDE SRIKANT MANTRI Plaintiff/Propounder Versus HARI PRASAD MANTRI Defendant/Respondent BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th January, 2014. For Plaintiff/Propounder : Mr.Mr.Mr.Ms.For Defendant/Respondent Samrat Sen, Sakya Sen, R.L.Mitra and Priyanka Dhar, Advocates :Mr.Pradip Kumar Ghosh, Sr.Advocate Mr.Reetobroto Mitra, Advocate The Court : Probate proceedings stood transferred to this Honble Court. The original Will was not found in the records. By an order dated October 8, 2012, this Honble Court directed the Registrar, High Court, Original Side to make all efforts so that the original Will may be retrieved from this Honble Court or the lower Court from which the suit was transferred. The probate proceedings was transferred from the District Delegate at Alipore. A report dated December 6, 2012 was filed by the Registrar-in-Insolvency. Insolvency stated tha...
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