Kolkata Court January 2014 Judgments
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Vs. Shri Surendra Kumar Surana
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.2966 of 2013 ACA No.1 of 2011 THE COUNCIL OF THE INSTITUTE OF CHATERED ACCOUNTANTS OF INDIA Versus SHRI SURENDRA KUMAR SURANA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 8th January, 2014. Appearance : Mr.Sarbapriya Mukherjee with Mr.Soumabho Ghose, Advocates Mr.Aniruddha Mitra with Mr.A.Mandal, Advocates The Court : ACA No.1 of 2011 was disposed of by a judgment and order dated 21st March, 2012 by the following order: We, accordingly, set aside the order of the Council and remand the matter for fresh decision in accordance with law. This shall be concluded within three months from the date of receipt of the signed photocopy of this order. Aggrieved by the order passed by the Division Bench, the applicant before us preferred a Special Leave Petition which was dismissed by an order dated 8th January, 2013. However, the time granted by the Division ...
M/S. Gennova Biopharmaceuticals Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP10OF2014M/S.GENNOVA BIOPHARMACEUTICALS LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th January, 2014. Mr.P.Das, Advocate for petitioner 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. It is informed 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 to be fixed in the monthly combined list of January, 2014 and by way of interim measure, directed the author...
M/S. Zkl Bearings (India) Pvt. Ltd. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-08-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1302OF2013M/S.ZKL BEARINGS (INDIA) PVT.LTD.Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th January, 2014. Mr.Somak Basu, Advocate for petitioner 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. It is informed 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 to be fixed in the monthly combined list of January, 2014 and by way of interim measure, directed the ...
Subhendu Halder Vs. M/S. Tapas Tradding Corporation and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-08-2014
Mrs. Mridula Roy, Ld. Member The instant Appeal is directed against the judgment and order dt. 28.9.2012 passed by the Ld. DCDRF, North 24 Parganas in C.C.Case No. 259 of 2011 dismissing the petition of complaint on contest without cost.Being aggrieved by and dissatisfied with the aforesaid order the complainant has preferred the instant Appeal on the grounds stating, inter alia, that a petition filed by him on 27.7.2012 praying for laboratory test of a battery, i.e. the goods in question, has not been disposed of by the Ld. District Forum, but the final order has already been passed. The case of the complainant, in brief, is that he purchased a battery from the OP No. 1 on 18.6.2010, manufactured by the OP No. 2 at a consideration of `10,500/-. The said battery was under warranty coverage of 24 months from the date of purchase. The complainant alleged that the said battery had not been working smoothly since the date of purchase. However, on 22.6.2011 the said battery exploded. Th...
M/S. Ashima Vs. Commissioner of Central Excise and Service Tax, Jamshe ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-08-2014
D.M. Misra, J. 1. These three Stay Applications are filed seeking waiver of predeposit of total Service Tax of Rs.3,37,759/- and equal amount of penalty imposed under Section 78 of the Finance Act, 1994. 2. At the outset, ld. Advocate for the Applicant submitted that the ld. Commissioner (Appeals) has not decided their appeals on merits, but dismissed the same for non-compliance with the provisions of Section 35F of Central Excise Act,1944, as applicable to Service Tax cases by virtue of Section 83 of the Finance Act, 1994. He, however, makes a fair offer to deposit 25% of the total service tax involved in the cases, and prayed that the matter be remitted to the ld. Commissioner (Appeals) for decision on merits. 3. Ld. AR for the Revenue has no objection to the remand of the matters, as the issue has not been decided on merits. 4. We find that the Appeals itself can be disposed of, at this stage. Accordingly, with the consent of both sides, the Appeals are taken up for disposal. 5. W...
Manappuram Finance Limited and Others Vs. Smt. Nimisha Bakshi
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-08-2014
This appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Parganas in case no.CC 362 of 2012 allowing the complaint and passing the order as follows: œHence ordered, that the complaint be and the same is allowed on contest with cost against the opposite parties. Opposite parties jointly and severally are directed to hand over new gold ornament weighing about 70.2 gm (24K) as per choice and design selected by the complainant within one month from the date of this order but manufacturing cost and all other related cost shall be paid by the O.Ps and if complainant is not willing to take fresh/new ornaments of same quality in that case opposite parties jointly and severally shall have to pay a total composite penalty of Rs.4,00,000/- for loss of old gold ornaments with sentiment of the complainants family and complainant and for negligent and deficient manner of service on the part of the O.Ps but same shall positively be deposited be...
Malati Das and ors. Vs. Jatindra Kumar Das
Court: Kolkata
Decided on: Jan-07-2014
ORDER SHEET G.A.No.1699 of 2009 With C.S.2024 of 1952 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE MALATI DAS & ORS.Versus JATINDRA KUMAR DAS BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 7th January, 2014. Appearance: Mr.Bimalendu Das, Adv.Mr.D.Ghosh, Adv. for the plaintiff Nos.1 & 3 Mr.Sayantan Bose, Adv. for the plaintiff no.2 Mr.Debmalya Ghosal, Adv.Mr.I.P.Mullick, Adv. for the defendant nos.6(a) & 6(c) Ms.Iti Dutta, Adv. for the Receiver The Court: The present application was made in a suit for partition. By the present application the plaintiffs sought an order of injunction restraining sale of two immovable properties. The plaintiffs also sought accounts from the Joint ReceiveRs.DiveRs.orders were passed on this application. An interim order was passed on June 30, 2009 restraining the Joint Receivers from dealing with premises No.40 and 41, Motilal Basak Lane, Kolkata. It was submitted on behalf of the parties that the interim order passed ...
Sylvan Commercial Private Limited Vs. Rishra Steels Limited and Others
Court: Kolkata
Decided on: Jan-07-2014
1 ORDER SHEET APO No.248 of 2013 CP No.519 of 1989 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SYLVAN COMMERCIAL PRIVATE LIMITED Versus RISHRA STEELS LIMITED & OTHERS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th January, 2014. Appearance: Mr.Jishnu Saha, Mr.Rupak Ghosh and Mr Ashis Mukherjee, ld. Advocates for the appellant. Mr.D.N. Sharma and Mr.Manju Bhutoria Ld. Advocates for the respondent. Mr.Sanjib Mal with Mr.A.Roychowdhury Ld. Advocates for the Gourinandan Real Estate MRS.Ruma Sikdar with Mr.G.Roy, ld. Advocates For the Official Liquidator. Mr.S.C. Prosad, ld. Advocate for PF Authorities. The chequered career. liquidation. possession At of Court Rishra one the Steel stage, factory :- This litigation Company Limited the present premises as has went appellant per the a in got interim arrangement made at the instance of the Court. Series of orders were made in spate of litigations, we need not refer to at the pres...
Kajoli Bouri Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jan-07-2014
WP No.4 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KAJOLI BOURI Versus COAL INDIA LTD.AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th January, 2014. Appearance: Mr.Partha Ghosh, Adv..for the petitioner Mr.R.N. Majumder, Adv.Ms.S.B. Roy, Adv..for the respondents The Court : The short question which arises in this matter appears to have been covered in a previous Division Bench judgment in GA No.3117 of 2007, APOT No.518 of 2007 (Smt. Chhaya Singh Sardar versus Coal India Limited) which has been relied on in a recent Division Bench order of March 8, 2013 in APOT No.88 of 2013, WP No.597 of 2012 (Eastern Coalfields Limited versus Bipini Marandi & Ors.).However, since the earlier Division Bench judgment is not immediately available and the recent Division Bench order, understandably, does not deal with the aspect in any great detail, it is necessary to revisit the issue, particularly, in the light a Single Bench order of August 21, 2...
L and T Finance Limited Vs. Manvinder Singh Jaryal and anr.
Court: Kolkata
Decided on: Jan-07-2014
AP No.1190 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus MANVINDER SINGH JARYAL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th January, 2014. Appearance: Mr.K.Chatterjee, Adv.Ms.Sneha Saha, Adv.The Court : The respondents are not represented despite service. The petitioner says that a sum in excess of Rs.28.02 lakh is due upon the termination of the agreement, including an amount in excess of Rs.6.67 lakh on account of defaulted instalments. According to the petitioner, notwithstanding the arbitration clause contained in the agreement between the parties, the respondents have apparently filed civil suits before some Court in Guwahati and an order has been passed in one of the suits restraining the petitioner from taking possession of one of the assets. Since the respondents have not made payment in terms of the agreement and have shown no interest in the matter despite notice, Mr.Suranjan Dasgupta, A...