Kolkata Court January 2014 Judgments
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Anup Kr. Saha Vs. West Bengal State Electricity Distribution Co. Ltd. ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-27-2014
J. Bag, Ld. Member: The present complaint is directed against the Order dated 26.03.2013 of the Ld. District Consumer Disputes Redressal Forum, Howrah, in Complaint Case No. HDF 150 of 2012, whereby Ld. Forum below allowed the complaint on contest against OP Nos. 1 and 2 . The complaint case, in brief, was as follows : The Complainant having purchased a flat in a newly constructed house under Mouza- Bally, J.L. No. 14 within Bally Nishinda Gram Panchayat at North Ghosh Para Rabindra Sarani, Khatian No. 5023 and Dag No. 3094 applied to the OPs on 09.09.2011 for a separate electric meter . After verifying all necessary documents the OPs accepted the application form and the Complainant duly paid a sum of Rs. 200/- as application money . The OPs inspected the Complainants flat within a fortnight but did not take any action for installation of new meter as applied for . The Complainant visited the office of the OP No.2 with the request for installation of the new meter on payment of serv...
M/S. Chittaranjan Locomotive Works Vs. Commr. of Central Excise, Bolpu ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-27-2014
DR. D.M. Misra, J. 1. This is an application seeking waiver of pre-deposit of duty of Rs.35.87 Crores and equal amount of penalty imposed under Section 11AC of CEA, 1944. 2. The Ld. Consultant Shri B.N. Chattopadhyay, for the applicant submitted that on similar issue, this Tribunal on earlier occasion vide Order No. S-260/KOL/2012 dated- 28/03/2012 had remanded the matter to the adjudicating authority to decide the issue afresh after waiving the requirement of pre-deposit. Ld. Consultant, further, submitted that recently on the same issue, the Ld. Commissioner in de novo adjudication order pursuant to the said remand order, had dropped the proceedings against them vide Order-in-Original No. 40-63/ (Denovo) and 64-67/Commr./BOL/11 dated 27/12/2013. 3. Ld. A.R. for the Revenue on the last date of hearing sought time to analyse the earlier order passed by the Tribunal and after studying, the Ld. A.R. submitted that he has no objection to remand the case to the Ld. Commissioner. 4. After h...
Ketson Corporation Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1273OF2013KETSON CORPORATION Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.D.Basu,Advocate for petitioner. Mr.S.Mookherjee,Advocate. for respondent. 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. The State respondents who are represented, submit 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...
Maco Corporation(India) Pvt Ltd. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1274OF2013MACO CORPORATION(INDIA) PVT LTD.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.D.Basu Thakur ,Advocate for petitioner. Mr.S.Mookherjee,Advocate. for respondent. 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. The State respondents who are represented, submit 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...
Shree Hari Agro Industries Limited Vs. Deputy Commissioner of Income T ...
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET W.P.No.49 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHREE HARI AGRO INDUSTRIES LIMITED Versus DEPUTY COMMISSIONER OF INCOME TAX & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 24th January, 2014. Appearance : Mr.J.P. Khaitan, Sr.Adv.Mr.S.Ghosh, Adv. for the petitioner Mr.S.B. Saraf, Adv. for the respondents The Court : The petitioner says that the notice dated 29.03.2012 issued by the Dy. Commissioner of Income Tax, Circle 9, Kolkata does not contain the requisite averments required to be put in under the statute and, therefore, is liable to be quashed and set aside. The attention of this Court is drawn to Sections 147, 148, 149 & 151 of the Income Tax Act, 1961. The petitioner, further, says that the reasons provided by the respondent authorities and the subsequent reasons do not justify the allege escaped assessment and, therefore, the action on the part of the respondent authorities are bad in law. The respondent authori...
Winstar India Investment Co. Ltd. Vs. Haldia Petrochemicals Ltd and or ...
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET CC N0. 3 OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE WINSTAR INDIA INVESTMENT Co.LTD.Versus HALDIA PETROCHEMICALS LTD & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 24th January, 2014. Mr.S.B. Mookherji, Mr.S.N.Mookherji, senior advocates, Mr.S.Prasadfor petitioner. Mr.P.Chatterjee, senior advocate, Mr.A.Banerjee, Mr.S.R.Chowdhury, Mr.A.Garodiafor respondent nos.1,3,4,9 & 11. Mr.S.Mitra, senior advocate for respondent no.5. Mr.S.Sarkar, senior advocate, Ms.M.Bhattacharyyafor respondent no.6. Mr.J.Saha, Mr.S.Ginodia, Mr.R.Kapoor, Mr.M.K.Tiwarifor respondent nos.2, 8 & 10. The Court : The issue involved in this application for contempt is whether the judgment and order of this Court dated 29th April, 2013 has been violated by the alleged contemnORS.The fiRs.point raised by Mr.S.B.Mookherji, learned senior advocate for the petitioner is that the order enjoined ten days notice to be given to Winstar [India].Investment Company LTD.befo...
Rajat Suvra Roy Vs. Arun Lal Roy and ors.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET CC No.132 of 2013 GA No.2956 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Contempt) RAJAT SUVRA ROY Versus ARUN LAL ROY & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th January, 2014. Mr.Suvasish Sengupta, Mr.Sarosij Dasgupta, Ms.Sreya Basu Mallick for the petitioner. The Court : This contempt application has been filed for non- compliance of order dated 7th October, 2013 whereby an order was passed in terms of prayers (a) and (b) of the Notice of Motion. Although by virtue of prayer (a) the alleged contemnors/respondents were restrained from transferring, dealing with, parting with possession, encumbering or creating any third party interest so also letting out, much stress has been laid on the term letting out by the petitioner herein. What the petitioner did not read in the order passed is that Joint Special Officers were appointed for making collection of rental income from the said premises. The question of rental income would only arise if the prem...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET CP No.338 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : CONNECTIVA SYSTEMS INDIA PVT.LTD.AND SREI EQUIPMENT FINANCE PVT.LTD.(SEFPL) BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th January, 2014. Ms.Manju Bhuteria for the petitioning creditor. Mr.Dipanjan Sinha Roy for the company. The Court : This application for winding up has appeared post advertisement. Directions were given for filing affidavits and such affidavit has been affirmed on behalf of the company on 4th July, 2013 by one Mr.Amitava Maulik. From the said affidavit filed, the only defence which emerges is in respect of a software supplied by Oracle India Private Limited whose assignee is the petitioning creditor. According to the company the software supplied by Oracle India Private Limited was not in utilizable condition. Therefore, payment is not required to be made. The said defence taken cannot be accepted as no communication has been annexed by the company to the affidavit ...
L and T Finance Ltd, Vs. Premier Infracon Pvt.Ltd. and anr.
Court: Kolkata
Decided on: Jan-24-2014
ORDER SHEET GA1912014 APOT412014 AP10252013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus PREMIER INFRACo.PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 24th January, 2014. Mr.Paritosh Sinha, Advocate for the appellant. The Court : Despite service, none appears to oppose this appeal. The appellant let out on hire concrete mixing plant. The transaction was in the nature of financial support given to the respondents by which he purchased the mixing plant. Rs.8.23 lakhs is due and payable as submitted by Mr.Sinha pointing out to his petition particularly paragraph 24 of the application for stay. However, the same would also include overdue charges for Rs.3.21 lakhs and the cheque bouncing charges for Rs.20,000/- that would take us to Rs.3.41 lakhs. The learned Judge discharged the Receiver by observing, the asset might be with a third party. We have gone through the report of th...
Jagmohan Kejriwal and ors. Vs. Ashrant Bhartia and anr.
Court: Kolkata
Decided on: Jan-24-2014
ORDER GA No.921 of 2013 GA No.748 of 2013 GA No.749 of 2013 TS No.18 of 2012 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction IN THE GOODS OF: SAJANI DEVI BHARTIA (DECEASED) JAGMOHAN KEJRIWAL & ORS.-VSASHRANT BHARTIA & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 24th January, 2014. Appearance: Mr.Sudipto Sarkar, Sr.Advocate Mr.Abhrajit Mitra, Advocate Ms.Mousumi Bhattacharya, Advocate Mr.C.M. Ghorawat, Advocate Mr.S.Kanti Chakraborty, Advocate for the plaintiffs Mr.Pratap Chatterjee, Advocate Mr.Amitesh Banerjee, Advocate Mr.Jishnu Chowdhury, Advocate Mr.Sanjiv Kr. Trivedi, Advocate Mr.Sandip Dasgupta, Advocate Mr.Arnab Sardar, Advocate for the defendants Court: The three applications being GA No.921 of 2013, GA No.748 of 2013 and GA No.749 of 2013 are taken up for hearing and are disposed of by this common judgment and order. The three applications are arising out of a probate application filed by Jagmohan Kejriwal, Uma Shankar Bhartia, Raj Kumar Bartia, Pradi...
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