Kolkata Court February 2014 Judgments
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Shyamal Sircar and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-11-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti February 11, 2014 WP756of 2013 GA320of 2014 GA321of 2014 Shyamal Sircar & ORS.versus The State of West Bengal & ORS.Mr.Debayan Bera, Advocate with Mr.S.P.Chakrabarti, Advocate for the petitioners MRS.Smita Das Dey, Advocate for the Official Liquidator Mr.S.K.Basu, Advocate for the respondent no.4 Ms.Sucharita Roy, Advocate for the State The Court :- GA320of 2014 is an application seeking to amend the cause title of the writ petition by substituting the original respondent no.3, Power Corporation of India LTD.as Power Corporation of India LTD.(In liquidation) as the petitioners had come to know that during the pendency of the present writ petition it had gone into liquidation and Official Liquidator has already been appointed in respect of the said respondent company. The learned Advocate for the respondents as also the learned Advocate for the Official Liq...
Uco Bank Vs. Customs,excise and Service Tax Appllete
Court: Kolkata
Decided on: Feb-11-2014
ORDER SHEET WP No.7 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE UCO BANK Versus CUSTOMS,EXCISE AND SERVICE TAX APPLLETE TRIBUNAL,EAST ZONAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 11th February, 2014. Appearance: Mr.J.P.Khaitan, Sr.Advocate, Mr.C.M.Ghorawat, Advocate, Ms.Anupa Banerjee, Advocate, Mr.Shib Shankar Banerjee, Advocate, Mr.K.K.Maity, Advocate, The Court : The order dated November 12, 2013, passed by the CustoMs.Excise and Service Tax Appellate Tribunal, Kolkata, in an Appeal No.S.T.74 of 2012 is assailed by the writ petitioner in this writ petition. A show-cause notice was issued on the petitioner contemplating to initiate a proceeding for recovery of an amount on account of service tax so far as it relates to income from discounting of bills and the availment of CENVAT Credit. The petitioner bank replied to the said show-cause notice and categorically asserts that the amount charged by way of an interest from the customers ...
Bimal Kumar Agarwal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-11-2014
WP No.30 of 2013 In the High Court at Calcutta Constitutional Writ Jurisdiction Original Side Bimal Kumar Agarwal versus State of West Bengal & ORS.Before : Tahe Honbale Justice Dr. Sambuddha Chakrabarti Date : February 11, 2014. For the Petitioner : Mr.L.C. Bihani, Sr.Advocate Mr.Ramesh Dhara, Advocate The Court : None appears on behalf of the respondents. In spite of direction no Affidavit-in-opposition has been filed in Court, although Mr.L.C. Behani, Senior learned counsel for the petitioner informs that a copy of the Affidavit-in-opposition has been served upon them. The crux of the problem may be summed up briefly. The petitioner carries on the dealership of kerosene. This is a proprietorship business. For various problems he had been facing he wanted to convert the proprietorship business to a partnership one and wanted to induct one Vikash Kumar Shaw as a partner in the smooth running of the said busines. A partnership deed was executed between the petitioner and the said Vikas...
M/S.Polaron Marketing Ltd. Vs. Controlling Authority, State of W.B.and ...
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET WP No.996 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.POLARON MARKETING LTD.Versus CONTROLLING AUTHORITY, STATE OF W.B.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th February, 2014. Appearance: Mr.Atish Dipankar Ray, Adv.Mr.Kaushik Dey, Adv.Mr.Soumyajit Mishra, Adv.Ms.Chaitali Bhattacharya, Adv.Mr.S.Bandopadhyay, Adv.Mr.Soumya Majumder, Adv.Mr.D.Kundu, Adv.The Court : Mr.Atish Dipankar Ray, learned advocate on behalf of the petitioner submits that the controlling authority does not have the jurisdiction to receive, accept and decide the application filed by the employer for payment of gratuity, since the appropriate Government in relation to the petitioner company would be the Central Government and not the State Government. The said submission is based on an assumption that the petitioner is having branch in more than one state. Mr.Ray has filed certain documents in this proceeding to show that the petitioner is having...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction CP468OF2009BENGAL WATERPROOF LTD.AND MALVIKA SYNTHETICS (P) LTD.CP299OF2010BENGAL WATERPROOF LTD.AND JET AGE FINANCE PVT.LTD.CP311of 2010 BENGAL WATERPROOF LTD.AND KLASSIC APARTMENT PVT.LTD.CP11OF2011M/S.BENGAL WATERPROOF LTD.AND M/S.VISHWA ENTERPRISE CP12of 2011 M/S.BENGAL WATERPROOF LTD.AND M/S.TIRUPATI ENTERPRISES CP14OF2011M/S.BENGAL WATERPROOF LTD.AND SAVITA BHARTIA CP158OF2011BENGAL WATERPROOF LTD.AND M/S.CROMPTON INDUSTRIAL & CHEMICAL Co.CP566OF2011BENGAL WATERPROOF LTD.AND INDRAJIT BALL CP252OF2012BENGAL WATERPROOF LTD.AND ANSUYA J. DOSHI CP238OF2013BENGAL WATERPROOF LTD.AND JAI BOTHRA (HUF) CP257OF2013BENGAL WATERPROOF LTD.AND ANITA BOTHRA CP258OF2013BENGAL WATERPROOF LTD.AND ANUJ BOTHRA CP331OF2013M/S.BENGAL WATERPROOF LTD.AND SMT. PAYAL SINGHANIA CA353OF2013WITH CP566OF2011BENGAL WATERPROOF LTD.AND MAHESH TEA CHEST CP391OF2013BENGAL WATERPROOF LTD.AND HITESH BABARIA AND FAMILY, HUF CP404OF2013BENGAL WATERPROOF L...
Srei Equipment Finance Private Limited Vs. Rangara Industries Private ...
Court: Kolkata
Decided on: Feb-10-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.P.No.848 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.849 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.850 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.851 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.854 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.855 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.857 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED G.A.No.259 of 2014 A.P.No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED ...
Smt. Kiran Arya Vs. Ambalal Sarabhai Enterprise Ltd. and ors.
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET C.S.No.324 of 1989 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SMT. KIRAN ARYA Versus AMBALAL SARABHAI ENTERPRISE LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 10th February, 2014. Appearance: Mr.Anuj Singh, Adv.Mr.P.Banerjee, Adv. for the decree-holder Mr.Swarnendho Ghosh, Adv.Mr.D.Roy Chowdhury, Adv.Miss.T.Chatterjee, Adv.Mr.A.Sinha, Adv. for the defendants The Court: The Court: There were three eviction suits against the defendants. Decrees for eviction were passed in all the three suits. In one of such suits being C.S.No.297 of 1989, a member of the Bar was appointed as Special Referee to compute the mesne profit and submitted his report in Court. The Special Referee was subsequently changed. It was submitted by the parties that the present Special Referee was in the process of computing of the mesne profit in C.S.No.297 of 1989. The parties prayed for appointment of the same Special Referee in the instant suit for the p...
Smt. Premlata Arya and anr. Vs. Ambalal Sarabhai Enterprise Ltd. and o ...
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET C.S.No.323 of 1989 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SMT. PREMLATA ARYA & ANR. Versus AMBALAL SARABHAI ENTERPRISE LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 10th February, 2014. Appearance: Mr.Anuj Singh, Adv.Mr.P.Banerjee, Adv. for the decree-holder Mr.Swarnendho Ghosh, Adv.Mr.D.Roy Chowdhury, Adv.Miss.T.Chatterjee, Adv.Mr.A.Sinha, Adv. for the defendants The Court: There were three eviction suits against the defendants. Decrees for eviction were passed in all the three suits. In one of such suits being C.S.No.297 of 1989, a member of the Bar was appointed as Special Referee to compute the mesne profit and submitted his report in Court. The Special Referee was subsequently changed. It was submitted by the parties that the present Special Referee was in the process of computing of the mesne profit in C.S.No.297 of 1989. The parties prayed for appointment of the same Special Referee in the instant suit for the pu...
Commissioner of Central Excise, Siliguri Commissionerate Vs. M/S Bhara ...
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET CEXA No.16 of 2013 G.A.No.2046 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE -COMMISSIONER OF CENTRAL EXCISE, SILIGURI COMMISSIONERATE Versus M/S BHARAT PETROLEUM CORPORATION LIMITED And CEXA No.20 of 2013 G.A.No.2562 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE -COMMISSIONER OF CENTRAL EXCISE, SILIGURI COMMISSIONERATE Versus M/S BHARAT PETROLEUM CORPORATION LIMITED And CEXA No.21 of 2013 G.A.No.2563 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE -COMMISSIONER OF CENTRAL EXCISE, SILIGURI COMMISSIONERATE Versus M/S BHARAT PETROLEUM CORPORATION LIMITED BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 10th February, 2014. Appearance: Mr.R.Bharadwaj, Advocate for Appellant Mr.T.C.Nair, Advocate, Ms.Padmavati Patil, Advocate and Ms.Aparajita Ghosh, Advocate For the Respondent The Court : All the three appeals were taken up together because the same involv...
Naffar Chandra Jute Mills Limited and anr. Vs. the Kolkata Municipal C ...
Court: Kolkata
Decided on: Feb-10-2014
ORDER SHEET GA No.163 of 2014 APOT No.32 of 2014 WP No.918 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE NAFFAR CHANDRA JUTE MILLS LIMITED & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 10th February, 2014 Mr.Sakya Sen, Adv.with Mr.S.S. Banerjee, Adv.Mr.P.K. Jhunjhunwala, Adv.Mr.S.Rudra, Adv..for the appellants Mr.Achinta Banerjee, Adv.with Mr.Jayanta Narayan Mahanty, Adv..for the respondents This application has been filed in connection with the appeal preferred from the judgment and order dated 27th November, 2013 passed by a learned Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition upon issuing certain directions in the matter. It has been submitted on behalf of the appellants/writ petitioners that the concerned Hearing Officer of the Kolkata Municipal Corporation Authorities passed an ex parte...
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