Kolkata Court January 2014 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-29-2014
COMPANY APPLICATION No.37 OF2014IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the Matter of : SEMINARY TIE-UP PRIVATE LIMITED & ANR. BEFORE : The Honble JUSTICE PATHERYA Date : 29th January, 2014. Appearance : Mr.Rajesh Singh, Advocate The Court : A meeting of the Shareholders of Seminary Tie-Up Private Limited shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata-700001 on the 11th day of March, 2014 at 4.00 p.m.for the purpose of considering and if thought fit approving with or without modification, the proposed Scheme of Amalgamation of Felex Enterprises Private Limited (hereinafter referred to as the Transferor Company) with Seminary Tie-Up Private Limited (hereinafter referred to as the Transferee Company).A meeting of the Shareholders of Felex Enterprises Private Limited shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata-700001 on the 11th day of March, 2014 at 4.30 p.m.for the purpose of considering and if thought fit app...
Alok Kumar Kajaria Vs. Union of India, Through Chief Com. of Customs a ...
Court: Kolkata
Decided on: Jan-29-2014
ORDER SHEET W.P.No.1047 of 2013 W.P.No.445 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ALOK KUMAR KAJARIA Versus UNION OF INDIA, THROUGH CHIEF COM. OF CUSTOMS & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 29th January, 2014. For Petitioner : MR.R.K. CHOWDHURY, Adv.For the Customs authority : Mr.PRADIP KUMAR ROY, Adv.MS.S.SARKAR, Adv.The Court : In W.P.No.445 of 2013, the petitioner submits that this writ petition was filed for a prayer for refund of the excess amount but subsequently it was dismissed for default. In an appeal taken out against an order passed in another writ petition the division bench granted leave to the petitioner to file the writ petition afresh and simultaneously set aside the order of dismissal of the said writ petition. In terms of the leave granted by the division bench the petitioner filed W.P.No.1047 of 2013 having the identical prayer as made in W.P.No.445 of 2013. To obviate the complication that has arisen,...
Podder Industries Vs. Sales Tax Officer, Armenian Charge ors
Court: Kolkata
Decided on: Jan-29-2014
ORDER SHEET W.P.No.714 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PODDER INDUSTRIES Versus SALES TAX OFFICER, ARMENIAN CHARGE ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 29th January, 2014. For Petitioner : Mr.PIYAL GUPTA, Adv.For Respondents : MR.A.MAJUMDER, Adv.MR.S.MUKHERJEE, Adv.The Court : The petitioner has assailed the order dated 05.10.2012 passed by the West Bengal Commercial Appellate and Revisional Board in Revision Case No.Rev. 1284 of 2009-10 whereby and whereunder the original application is dismissed. The petitioner says that a fire broke out in the locality which destroyed all the documents including the declaration forms kept in the office of the petitioner. While assessment is made to the return filed by the petitioner claiming the benefit of concessional rate the authorities did not allow the same for want of declaration form (Form C) against the inter-state sales. It is not in dispute that the fire broke out in the ...
C.i.T. W.B. Ii Vs. Shri Biswanath Pasari, Calcutta
Court: Kolkata
Decided on: Jan-29-2014
ORDER SHEET ITA NO.164 OF2001IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE C.I.T.W.B.- II Versus SHRI BISWANATH PASARI, CALCUTTA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA AND The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 29th January, 2014. For appellant : Mr.S.N.Dutt. For Respondent : Mr.Moloy Dhar with Mr.A.K.De. The Court : This appeal is directed against an order dated 15th December, 2000 passed by the learned Income Tax Appellate Tribunal holding that an appeal lies against an order refusing to grant interest under section 244[1A].of the Income Tax Act [hereinafter referred to as the Act].Consequently, the learned tribunal directed the Assessing Officer to allow the amount of interest to the assessee in accordance with law. Aggrieved by the order of the learned tribunal the Revenue has come up in appeal. Mr.Dutt, learned advocate appearing for the appellant submitted that the sole question for determination is whether an appeal lies against a...
Mir Abdul Kalam Vs. Mahar Afroz and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2014
Debasis Bhattacharya, Member. This revision is directed against the order dated 06.03.2013 passed by the Ld. District Forum, Unit “ I, Kolkata in Case No. 414/2012. By the impugned order, Ld. District Forum has directed the OC, Ekbalpur P.S. to deploy adequate police force at the time of installation of new meter to the Complainant thereof. Being aggrieved by and dissatisfied with the same, this revision has been made by one Mir Abdul Kalam, who though is not a party to the complaint case but still an aggrieved person by the said impugned order, for which revision before this Commission has been admitted and registered. It is to be considered if there is any irregularity and illegality in the impugned order so as to reverse the same, or not. DECISION WITH REASONS : Ld. Advocate for the Revisionist has submitted that the Complainant has stated that she is a tenant in the case property. But, in fact, she is no one but the daughter of Sultana Afroz, and she has no stake in the prope...
Rakshit Special Vs. Anjan Kumar Chatterjee
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2014
Kalidas Mukherjee, President. This appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-II allowing the complaint and directing the OP to refund Rs.27,327/- (Rs.24,327/- + Rs.3000/-) to the Complainant within 45 days from the date of communication of the order, in default the amount will carry interest @ 9% p.a. till realisation. The OP was further directed to pay Rs.15,000/- as compensation for causing mental agony and harassment along with Rs.2,000/- as litigation cost. The case of the complainant/respondent, in short, is that the OP is the sole proprietor of the registered tour organization having its head office at Martin Burn House, Kolkata-700 001. The Complainant entered into an agreement with the OP on 15/09/10 for a package tour from Howrah to Satna (M.P.) as per schedule mentioned in the pamphlet. For that purpose the Petitioner paid Rs.6,000/- as advance on 11/08/10 out of total cost of Rs.24,327/-. Subsequently, the Complainant p...
Prodosh Ranjan Das and Another Vs. Kalyan Ranjan Das and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2014
Mridula Roy, Member. The instant appeal is directed against the judgement and order dated 26.09.2012 passed by Ld. District Forum, South 24 Pgs. in CC Case No. 186/2012 allowing the petition of complaint exparte against O.P. No. 1 and on contest against the O.P. Nos. 2 and 3 with cost of Rs.5,000/- and directing the O.Ps to execute and register the deed of conveyance within one month from the date of order further directing the O.Ps to pay Rs.70,000/- towards compensation for the harassment and mental agony suffered by the Complainant within one month from the date of order failing which the entire amount of Rs.75,000/- would carry an interest @ 10% per annum from the date of default till realization. Being aggrieved by and dissatisfied with the said order the O.P. Nos. 2 and 3 i.e. the landowners have preferred the instant appeal stating that the Ld. District Forum erred in arriving at conclusion on the grounds inter alia, that the instant case is barred by limitation since the Compla...
Goutam Biswas Vs. State Bank of India
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2014
Tarapada Gangopadhyay, Ld. Member. Aggrieved by the order dated 4.1.2013 of the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas in C.C.Case No. 86 of 2011 dismissing the complaint, the Complainant/Appellant has preferred this Appeal. The factual matrix of the case is that while on 27.5.2010 the Appellant swiped his ATM Card bearing No. 6220180536800029319 issued by State Bank of India, Garia Branch, along with a Savings Bank Account bearing No. 20003268456, at Garia More SBI ATM counter for withdrawing money of ` 600/-, as stated, the ATM did not deliver the required money, but delivered a statement showing a credit balance of ` 39,653.41. Having the Garia More ATM counter failed to deliver the money the Appellant thereafter made another attempt for withdrawal of ` 600/- at Fortabad SBI ATM counter nearby, which allowed the withdrawal of the said amount, but delivered a statement showing a credit balance of ` 53.41 only against real balance of `39,053.41, as claimed b...
Jyotirmoy Majumdar and Another Vs. Achinta Kumar Biswas
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2014
Kalidas Mukherjee, President. This appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Parganas in CC 21 of 2013 allowing the complaint with cost of Rs.5,000/- and the OPs were directed to deliver 14,000 bricks as per delivery order dated 17/07/12 in favour of the Complainant within one month from the date of order. The OPs were directed to pay sum of Rs.10,000/- as compensation, Rs.5,000/- as punitive damages within the period of one month from the date of order failing which the OPs will have to pay monthly interest @ Rs.2,000/- over the said amount till full satisfaction. In case of failure on the part of the OPs to deliver bricks, they were directed to refund the deposited amount with 10% interest within one month from the date of order. The case of the complainant/respondent, in short, is that he wanted to construct dwelling house over his purchased landed property and, accordingly, he needed good quality of bricks. He applied befo...
Tapas Dey and Another Vs. Prabir Kumar Chakraborty and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-29-2014
Tarapada Gangopadhyay, Ld. Member. The instant Appeal has been filed by the Appellants/Ops against the ex parte Order No. 8 dated 15.12.2008 of the Ld. District Forum, Burdwan, in Complaint Case No. 67/2008 directing the Appellants/Ops to complete the incomplete works in the flats sold within two months from the date of the order, or else to pay Rs. 7,40,000/- as cost of unfinished works in relation to the flats sold and Rs. 10,000/- as compensation to the Respondents/ Complainants. The facts germane to the case are set out, in brief, hereinafter: The Appellants/Ops, the promoters, sold some flats to the Respondents/Complainants by registered Deeds of Conveyance some time in between 2006 and 2008, and handed over the possession thereof to the said Respondents/Complainants. Some time after taking over possession of such purchased flats the Respondents/Complainants noticed that some works in the flats “ connection of municipal water supply, construction of boundary walls and urinal...
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