Kolkata Court January 2014 Judgments
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Cesc Ltd. and Another Vs. Sheoji Shukla
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-30-2014
J.Bag, Ld. Member. The present appeal is directed against the Order dated 16.04.2013 of the Ld. District Consumer Disputes Redressal Forum, Unit 1, Kolkata in CDF/Unit-1/Case No. 364 /2011, whereby Ld. Forum below allowed the complaint on contest without cost against the Ops The complaint case, in brief , was as follows : The Complainant is a consumer ( No. 14059046034) under the OP electricity company , i.e., CESC Ltd. Though his average electricity consumption bills were between Rs. 400/- and Rs. 500/- per month earlier, he received a bill of Rs. 1810/- for September 2011 which was excessive . He went to the OPs office and requested for inspection of the electric meter. OPs(1-2) , instead of entertaining the request of the Complainant , directed him to pay the bill, in default whereof, the electric line was threatened to be disconnected . The complainant was further aggrieved by the fact that a new meter was illegally installed in his premises for OP-3, who is an employee of CESC Ltd...
Jyotirmoy Ghosh and Others Vs. Bratati Biswas and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-30-2014
Kalidas Mukherjee, President. This order relates to hearing on petition for condonation of delay of 86 days in filing this appeal. It has been stated in the petition for condonation of delay that the delay occurred due to the fact that the family members of the Appellants fell ill and that the Ld. Advocate was busy with his pre-occupied schedule being out of station. The Respondent Nos.1 and 2 opposed the petition for condonation of delay by filing a written objection. Reference has been made to the decisions reported in RP No. 2051 of 2013 (NC) [DLF Home Developers Ltd. Vs. Shri Pradeep Kumar and Anr.]; RP No.2547 of 2013 (NC) [Bajaj Allianz Life Insurance Co. Ltd. Vs. Shri Pawan Kumar and Anr.]; RP No.1848 of 2012 (NC) [Mahindra Holidays and Resorts India Ltd. Vs. Vasantkumar H. Khandelwal and Anr.]; RP No.2371 of 2013 (NC) [Maa Jhande Wali Constructions Pvt. Ltd. and Anr. Vs. Dr. Partha Pratim Saha and Anr.]; RP No.3903 of 2010 (NC) [Mahipal Singh Vs. S.D.O. OP City S/Divn. UNBVNL, ...
Partha Sarathy Bhattacharjee Vs. Aurobindo Seva Kendra and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-30-2014
Kalidas Mukherjee, President. It is a complaint case filed by the Complainant praying for compensation to the tune of Rs.54 lakh on the ground of medical negligence and deficiency in service. The factual matrix of the case may be summarized as follows. On 25/02/08 Chitralekha Bhattacharjee, since deceased, was of 68 years of age and got herself admitted in OP No.1 having suffered fracture in her right hip after falling down. She was under the treatment of OP No.3 Dr. R. Hom Choudhuri. She was diagnosed comminuted subtrochanteric (right) fracture and was advised surgery. For such surgery no informed consent was obtained by the OP No.3 from the Complainant. She was not explained the advantage and disadvantage of surgery. The Complainant was successfully operated on February 29, 2008 when the internal fixation with pin plate was done for subtrochanteric fracture, neck of femur right, under spinal anesthesia with C-arm control and cardiac monitoring. The operation was conducted by OP No.3....
Gita Rani Dutta Vs. Sharda Kushal @ Sarda Kushal
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-30-2014
Kalidas Mukherjee, President. This appeal is directed against the judgment and order passed by Learned District Forum, Howrah in CC 74 of 2010 against the complaint and directing the OP to execute and register the sale deed in favour of the Complainant within 30 days on receiving the balance amount of consideration of Rs.3 lakh. The OP was directed to pay compensation of Rs.20,000/- and litigation cost of Rs.10,000/- within one month from the date of order failing which the amount will carry interest @ 12% p.a. The case of the complainant/respondent, in short, is that she entered into an agreement with the Appellant/OP for the purchase of a flat on 01/04/08 and she paid an amount of Rs.31,000/-. The OP granted a receipt on 17/02/08. The Complainant also paid an amount of Rs.2,70,000/- for which another receipt was issued on 30/03/08. The Complainant has also made other payments for which no receipt was granted and the sum of Rs.3 lakh was remaining as the balance amount. The OP did not...
M/S. Jai Balaji Jyoti Steels Ltd. Vs. Commissioner of Central Excise, ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-30-2014
Dr. D. M. Misra, J. 1. This is an application for waiver of predeposit of cenvat credit of Rs.2.44 Crores and equal amount of penalty imposed under Rule 15 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 January, 2006 to February, 2006 and June, 2007 to March, 2008, 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 furn...
Stesalit Ltd. Vs. M/S. Damani Traders and anr.
Court: Kolkata
Decided on: Jan-29-2014
ORDER CS No.47 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction STESALIT LTD.Versus M/S.DAMANI TRADERS & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 29th January 2014. Court: The suit shall appear in the monthly combined list of March 2014. The parties are directed to complete discovery and inspection of documents, if not already done, within a period of three weeks from date. The plaintiff shall file a comprehensive judges brief of documents on or before the returnable date. The parties are directed to file suggested issues on the returnable date. The plaintiff is directed to communicate this order to the learned advocate representing the defendant who had entered appearance in the suit on behalf of the defendant in couRs.of this week. The parties are directed to file copies of the pleadings as well as the documents pertaining to the suit with the Registrar, High Court, Original Side within a period of three weeks from date so as to enable the Registrar...
R.K.P. Udyog Ltd. Vs. Hemraj Mahabir Prasad Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Jan-29-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak G.A.No.3646 of 2013 C.S.No.568 of 1992 R.K.P.Udyog LTD.versus Hemraj Mahabir Prasad PVT.LTD.& ORS.For the Plaintiff : Mr.Ashish Chakroborty, Advocate For the Defendant : Mr.M.S.Tiwari, Advocate Heard on : January 24, 2014 Judgment on : January 29, 2014 DEBANGSU BASAK, J. In a suit for eviction 53 persons were impleaded as original defendants. The writ of summons was issued against all the defendants. The writ of summons was duly served on them. Service of summons on all the defendants was a finding recorded in the Order dated April 20, 2004. Out of the 53 defendants few entered appearance while others chose not to. An application being G.A.No.3754 of 2003 was taken out by the plaintiff. It concerned with the death of the Defendant Nos.18, 29, 33, 35, 36, 44 and 45. G.A.No.3754 of 2003 was disposed of by an Order dated April 4, 2004. By such order so far as Defendan...
M/S. Humcha Impex Private Limited and anr. Vs. Customs, Excise and Ser ...
Court: Kolkata
Decided on: Jan-29-2014
ORDER SHEET W.P.No.63 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.HUMCHA IMPEX PRIVATE LIMITED & ANR. Versus CUSTOMs.EXCISE & SER TAX APPE TRIB, EAST REG. BENCH, KOL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 29th January, 2014. Appearance : Mr.Mr.S.Bagaria, Adv.Mr.S.B. Saraf, Adv.Mr.K.K. Maity, Adv.The Court : The petitioner challenges the order dated 20th November, 2013 passed by the CustoMs.Excise and Service Tax Appellate Tribunal (in short CESTAT).Eastern Bench, Kolkata disposing of an application for stay as well as waiver of pre-deposit by directing the petitioner to deposit 25% of the duty demanded within 8 weeks from that date. The petitioner alleges that due to devastating fire broken out in the factory, some finished and unfinished goods were completely and/or totally destroyed. In fact an application under Rule 21 of the Central Excise Rules, 2002 for remission of duty was taken out by the petitioner. Subsequently the...
M/S. Sona Promoters Pvt. Ltd. and anr. Vs. West Bengal Small Industrie ...
Court: Kolkata
Decided on: Jan-29-2014
WP No.36 of 2014 GA No.272 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.SONA PROMOTERS PVT.LTD.& ANR. Versus WEST BENGAL SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.& ORS.Appearance Mr.Debasish Kundu, Adv.Mr.R.N.Ghosh, Adv.Petitioners Mr.Santanu Mitra, Adv.W.B.S.I.D.C.L.Mr.Aloke Kr. Ghosh, Adv.Mr.Debangsu Mondal, Adv.K.M.C.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 29th January, 2014. The Court : The petitioners have challenged the termination notice dated 9th November, 2013 issued by the respondent No.1 under Section 3(1) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 on the ground that the lease deeds were executed in favour of the petitioners in respect of plots of land. While the writ petition is pending before this Court, the respondent authorities have proceeded to dismiss the appeal and passed an order of eviction. In this application, the petitioners have brought to the notice of this Court about the issu...
Mr. Manik Das, Ad Vs. …for the Petitioner in Cp 475/2013
Court: Kolkata
Decided on: Jan-29-2014
ORDER SHEET CP No.191 of 2013 CP No.145 of 2012 CP No.160 of 2012 CP No.475 of 2013 CP No.744 of 2013 CP No.758 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : PRATEEK PLASTOMETALS PVT.LTD.-ANDSHINING VYAPAR PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 29th January, 2014. Ms.Manju Agarwal, Adv.Mr.Biswanath Chatterjee, Adv.for the petitioner in CP1912013 Mr.Reetobroto Mitra, Mr.Manik Das, Adversus for the petitioner in CP4752013 Mr.Moinak Bose, Mr.Pratyush Patwari, Adversus for the petitioner in CP1452012 Mr.Dipak Bose, Sr.Adv.Mr.Rivu Dutta, Adversus for the creditor in CP7472013, CP No.744/2013 and CP7582013 Mr.Samit Talukdar, Sr.Adv.Mr.Sourav Ghosh, Adv.Mr.Prithwiraj Sinha, Adv.Mr.A.Basu Mullick, Adv.for the company Mr.Sudeep Pal Chowdhury, Adv.for Andhra Bank Mr.Saunak Sengupta, Mr.Varun Kedia, Adversus for M/S.Steel Metals Ms.Manju Bhuteria, Adv.for Kyang Tea Seed Co.LTD.Ms.Madhu Priya, Adv.for Sagun Enterprises P. LTD.The Co...
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