Kolkata Court January 2014 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-06-2014
C.A. No.522 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF TALAVADI CEMENTS LIMITED, And IN THE MATTER OF: BIRLA CORPORATION LTD. And IN THE MATTER OF: TALAVADI CEMENTS LIMITED BIRLA CORPORATION LIMITED APPLICANTS Present: The Honble Justice Patherya Dated:6. h January, 2014 Mr. Amitesh Banerjee, Advocate, Mr. Jishnu Chowdhury, Advocate, Mr. Sarbapriya Mukherjee, Advocate and Ms. Parama Ghosh, Advocate, moves and submits. The Court IT IS ORDERED:1. That a meeting of the Equity Shareholders of Talavadi Cements Limited, being the Transferor Company herein shall be convened and held at 9/1, R.N. Mukherjee Road, Birla Building, 16th Floor, Kolkata 700 001 on 21st February, 2014 at 11.00 a.m. for the purpose of considering, and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation proposed to be made between the Transferor Company abovenamed, Talavadi Cements Limited and its shareholders.2. That a separate meeting of th...
Kabari Pvt. Ltd. Vs. Shrimati Ila Basu and ors.
Court: Kolkata
Decided on: Jan-06-2014
ORDER SHEET EOS No.18 of 1991 TA No.421 of 2007 With TS No.167 of 1981 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE KABARI PVT.LTD.Versus SHRIMATI ILA BASU & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th January, 2014. Appearance: Mr.R.N.Jhunjhunwala Adv..for the plaintiff. Mr.Sayantan Basu, Adv.Mr.Aditya Ganodia, Adv..for the defendant no.9. Mr.Aniruddha Agarwala, Adv..for the defendant no.10. The Court: The suit has appeared in the list at the instance of the parties who have suggested few corrections to be incorporated in the judgement and order dated 9th October, 2013. The parties have filed copies of the judgement indicating such corrections. It appears from the corrections suggested by the parties that due to inadvertence certain typographical errors have crept in the order dated 9th October, 2013, which needs correction. Accordingly the following corrections shall be incorporated in the judgement and order dated 9th October, 2013 :At page 11 of the judgement 4th September...
Soumya Datta and anr. Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Jan-06-2014
GA No.1656 of 2013 GA No.979 of 2013 WP No.1065 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SOUMYA DATTA & ANR. Versus STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 6th January, 2014. Appearance: Mr.S.Majumder, Adv..for the petitioners Mr.L.K. Gupta, Sr.Adv.Mr.A.K. Routh, Adv.Mr.S.Pal Chowdhuri, Adv..for the respondents The Court : The fiRs.petitioner, an office-bearer of the second petitioner officers association of the State Bank of India, challenges a notice dated September 27, 2012, the accompanying articles of charge levelled against such employee and the statement of imputation of misconduct appended to the letter on the ground that the action initiated is mala fide and the material does not make out any case of misconduct within the meaning of the applicable rules. The State Bank of India apparently proposes to open its bank counters to its constituents on Sundays. The petitioner association caused a letter ...
S.M. Niryat Private Limited Vs. Union of India, Through the Chief Comm ...
Court: Kolkata
Decided on: Jan-06-2014
ORDER SHEET WP1246of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE S.M.NIRYAT PRIVATE LIMITED Versus UNION OF INDIA, THROUGH THE CHIEF COMMISSIONER OF CUSTOMS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 6th January, 2014. Appearance: Mr.S.B.Saraf, Adv.Md.T.M.Siddiqui, Adv.Mr.R.K.Chowdhury, Adv.The Court: The sole grievance of the writ petitioner in this writ petition is that despite his repeated representations from 11.09.2013 to the Deputy Commissioner of Customs for passing the speaking orders under Section 17(5) of the Customs Act, 1962, the said authority have not disposed of those representations. Mr.Saraf, learned Advocate appearing for the respondent authorities at the outset submits that those representations are made in order to overcome limitations provided under the Act. He further submits that there is a remedy under the said act by way of statutory appeal. This Court, after hearing the respective parties finds that when a representa...
H.V. Axles Ltd. and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jan-06-2014
ORDER SHEET G.A No.2221 of 2013 W.P.No.1105 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE H.V.AXLES LTD.& ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 6th January, 2014. Appearance : Mr.Ravi Raghavan, Adv.Mr.Deepro Sen, Adv.Mr.Atish Ghosh, Adv. for the appellants. Mr.N.C. Roy Chowdhury, Sr.Adv.Mr.K.K. Maity, Adv. for the respondents. The Court : By consent of parties, G.A.No.218 of 2012 is taken on days list. This is an application taken out for amendment of the cause title of the writ petition. The petitioners seek an order for correcting the name of the petitioner from H.V.Axles Ltd to TML Drivelines Ltd on the strength of the order of amalgamation passed by the Honble High Court. This Court finds that such application is formal in nature and is thus allowed. The office is directed to make necessary amendments in the Cause Title. The core issue involved in the proceeding before the Commissioner was whether th...
Madanlall Agarwal and ors. Vs. Puranmull Agarwal and ors.
Court: Kolkata
Decided on: Jan-06-2014
ORDER SHEET TA No.127 of 2013 GA No.3794 of 2013 GA No.3075 of 2013 GA No.1865 of 2013 CS No.154 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MADANLALL AGARWAL & ORS.Versus PURANMULL AGARWAL & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 6th January, 2014. Appearance: Ms.Manju Agarwal, Advocate Mr.Bajrang Manot, Advocate Mr.Sanatan Chatterjee, Advocate Mr.Utpal Bose, Advocate Mr.Swarnendu Ghosh, Advocate Mr.Naresh Balodia, Advocate Ms.Rajashree Roy, Advocate Mr.D.K.Sharma, Advocate Mr.Pramit Roy, Advocate Mr.A.Banerjee, Advocate Mr.Rajib Mullick, Advocate Mr.Deepnath Roy Chowdhury, Advocate The Court: The Registrar, Original Side, will appoint a Chartered Accountant from the panel of this Court by 20th January, 2014 and intimate the same to the parties. The Chartered Accountant will enquire, as indicated hereunder with regard to the cheques said to be lying ready, signed by Ramesh Agarwal, the respondent No.7, as the Munim of the sole pr...
M/S. National Aviation Co. of India Vs. Commr. of Service Tax-kolkata
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-06-2014
D.M. Misra, J. 1. This is an application seeking waiver of pre deposit of CENVAT Credit of Rs.93,41,785.00 and penalty of Rs.95,39,446.00 under Rule 15 (4) of Cenvat Credit Rules, 2004. 2. The Ld. Chartered Accountant Shri Sushil Kr. Goyal for the applicant submits that the applicant is a public sector undertaking and engaged in providing various taxable services during the relevant period from April 2005 to March, 2008. He has submitted that from the total amount of CENVAT Credit disallowed, Rs.82.47 Lakhs relates to input services, namely catering services, rendered to the passengers, Rs.10.48 Lakhs related to the CENVAT credit which was not due in the particular month, being in excess of 20% limit prescribed under Rule 6 (3) of the CENVAT credit rules, but utilized while discharging their service tax liability. Ld. Chartered Accountant submitted that they have never availed CENVAT Credit on input services viz. catering services and hence confirmation of demand on this count, is inco...
R.C.C. Construction and Others Vs. Dr. Atindra Nath Dey and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-03-2014
Kalidas Mukherjee, President: This revisional application is directed against the order no.8 dated 22/04/13 passed by Learned District Forum, Alipore, South 24-Parganas in case no.42 of 2013 rejecting thereby the petition filed by the OPs on the ground of maintainability of the complaint case. The Learned Counsel for the revision petitioner has submitted that on the self-same prayer the matter is pending before the Authorized Officer under the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993. It is submitted that the said Act of 1993 is also a special Act and the complainant having approached the Authorised Officer under the said Act of 1993, the instant complaint under the C. P. Act is not maintainable. The Learned Counsel for the revision petitioner herein has submitted that if the complainant elects one Forum he cannot subsequently approach the other Forum for the same remedy. In this connection the Learned Counsel has referred to the decisio...
Sudeb Surul Vs. Chief Manager, State Bank of India
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-03-2014
Mridula Roy, Member: The instant appeal is directed against the order dated being No. 55 dated 18.04.2012 passed by the Ld. District Forum, Hooghly in Case No. 58/2007 dismissing the petition of complaint on contest without cost. Being aggrieved by and dissatisfied with the said order the Complainant has preferred the instant appeal. The Complainants case before the Ld. District Forum, in brief, is that he, an Assistant Teacher of a High School, obtained a personal loan of Rs.1,39,000/- in 2004 and the same was disbursed by the O.P. and also credited in the account of the Complainant being No. .SB. A/c No. 01190014361. Subsequently, the A/c No. was changed to 10515307547. The said loan was repayable by some instalments and the O.P. compelled the Complainant to hand over 36 numbers of blank cheques in favour of the O.P. towards repayment of the loan by instalments. However, on 21.02.2005 the O.P. deposited one of the said blank cheques inserting a figure Rs.4,000/- and encashed the same...
M/S. Indane Swarupjyoti Vs. Tarun Kumar Sajjan and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-03-2014
Jagannath Bag, LD Member: 1. The present appeal is directed against the Order dated 05.12.2012 of the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas, in CC Case No. 15/2007, whereby Ld. Forum below allowed the complaint on contest with cost of Rs. 5,000/- against all OPs jointly and severally. 2. The complaint case, in brief, was as follows: The Complainants (1-6) were customers of Indane Domestic LPG under Auro Gas Services, Media, P.S. Swarupnagar , Dist. North 24 Parganas from 2000-2001 to 2006. A new LPG service centre i.e. M/s Indane Swarupjyoti being opened within the Swarupnagar Block, Indian Oil Corporation Ltd. issued an order of Block Transfer of customers. Names of the Complainants were transferred to M/s. Indane Swarupjyoti of Swarupnagar Block which is about 25 Kms. away from the Complainants places of residence . That was in violation of the agreement about supply of LPG cylinder between M/s. Auro Gas Services of Gobordanga and the Compla...
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