Kolkata Court March 2014 Judgments
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Tata International Limited Vs. M/S. Cee Aar Bee (Sales)
Court: Kolkata
Decided on: Mar-19-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.450 of 2013 TATA INTERNATIONAL LIMITED -VersusM/S.CEE AAR BEE (SALES) & AP No.451 of 2013 TATA INTERNATIONAL LIMITED -VersusBANIK DISTRIBUTOR Appearance: Ms.Ahana Sikdar, Adv.Mr.Raj Kumar Basu, Adv...for the petitioner. Mr.Dipak Kr. Basu, Sr.Adv.MRS.Ranjana Guha, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 19, 2014. The Court : By consent of the petitioner and the respondents, the abovementioned two matters are disposed of on the following terMs.The petitioner, Tata International Limited shall pay Rs.14,00,000/to the respondent M/S.Cee Aar Bee (Sales) and Rs.11,00,000/- to the respondent Banik Distributor in full and final settlement of the claim of the respondents and in full satisfaction of the awards dated February 10, 2013 passed by the arbitrator in the abovementioned two matteRs.The respondents M/S.Cee Aar Bee (Sales) and Banik Distributor will accept the...
M/S. Info Softdata Services Private Limited Vs. Commissioner of Centra ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Mar-19-2014
Dr. D.M. Misra, J. 1. This is an Application seeking waiver of predeposit of Service Tax of Rs.14.98 lakh and penalty of Rs.15.00 lakh imposed under Section 78, and penalty of Rs.5,000/- under Section 77 of the Finance Act, 1994. 2. At the outset, ld. Authorized Representative for the Applicant submits that the ld. Commissioner (Appeals) has not decided the issue on merit, but dismissed their appeal for non-compliance with the direction of predeposit. He submits that they have worked as a sub-contractor for M/s. RITES Ltd. and the Principal Contractor have discharged the service tax for rendering the services under the category of Supply of Tangible Goods against the Work Order issued by the Inspector General of Jails, Government of Bihar. It is the submission of the ld. Authorized Representative that they have installed their own computers etc. at various jails, without transferring the right of possession and effective control on the said computers. The purpose of establishing the co...
Motijug Agencies Ltd. and ors. Vs. the Kolkata Municipal Corporation
Court: Kolkata
Decided on: Mar-18-2014
ORDER SHEET GA NO.748 OF2014WITH CS NO.380 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOTIJUG AGENCIES LTD.& ORS.Versus THE KOLKATA MUNICIPAL CORPORATION BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th March, 2014. Mr.A.Mitra, Mr.J.Chowdhury, Mr.S.Bhattacharyyaappear. Mr.A.K.Ghosh, Mr.J.C.Porel, Mr.D.Mondalappear. The Court : On 25th July, 2011 Kolkata Municipal Corporation had issued a notice to the plaintiffs under Section 53 of the West Bengal Town and Country [Planning and Development].Act, 1979. The notice said that unless the plaintiffs restored the land to its condition before the development work took place within a period of one month from the date of receipt thereof proceedings would be taken against the plaintiffs. By my order dated 18th December, 2013 in a prior application made by the plaintiffs [GA No.358 of 2013].I had directed the Corporation to measure the water body, in the land, under the supervision of a Special Office...
M/S. Radha Krishna Exports Pvt. Ltd. and anr. Vs. Pandaul Cooperative ...
Court: Kolkata
Decided on: Mar-18-2014
ORDER SHEET CS No.84 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.RADHA KRISHNA EXPORTS PVT.LTD.& ANR. Versus PANDAUL CO-OPERATIVE SPINNING MILLS LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th March, 2014. Appearance: Mr.Satadeep Bhattacharya, Adv.The Court : The suit is for recovery of damages as compensation for libel. The plaintiff has claimed Rs.2 crores as compensation for libel made and published by the defendants on 29th January, 2000. The suit was instituted on 22nd February, 2002. The suit appears to be barred by limitation under Article 75 of the Limitation Act, 1963 being instituted after one year of the publication. Since the defendants were not represented in spite of giving repeated opportunities, the plaintiff was permitted to proceed with the suit. The plaintiff has produced two witnesses, namely, Ratan Kumar Kedia and Rajiv Tatia in support of its claim. The sheet anchor of the present action is a notice dat...
Big Boss Infotech Limited and ors. Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Mar-18-2014
ORDER SHEET WP No.210 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BIG BOSS INFOTECH LIMITED & ORS.Versus STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 18th March, 2014 Mr.S.K. Kapoor, Sr.Adv.with Mr.Nimesh Mishra, Adv.Mr.Reetabrata Mitra, Adv.Ms.Jayati Chowdhury, Adv..for the petitioners Mr.Jishnu Saha, Adv.with Mr.V.Raja Rao, Adv.Ms.Aparajita Rao, Adv..for the respondent nos.1 to 4 This writ petition is directed against an order dated 19th February, 2014 passed by the Chief Metropolitan Magistrate, Kolkata (hereafter the CMM) in exercise of power conferred by Section 14 of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 (hereafter the Act).It appears from the records of Application No.43/13, being the application under Section 14 of the Act filed by the secured creditor, that the same was presented before the CMM on 25th November, 2013. The affidavit accompanying ...
Paresh Nath Pal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-18-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti March 18, 2014 WP1132of 2013 Paresh Nath Pal versus State of West Bengal & ORS.Mr.S.S.Arefin, Advocate for the petitioner Mr.Raghu Nath Chakraborty, Advocate for the University MRS.Debjani Roy, Advocate for the State The Court :- The respondent no.4 i.e.the Controller of Examinations, University of Burdwan is directed to affirm an affidavit stating the sequence and the order in which the examiner or the reviewer marked the answer script of the candidate appearing at the B.Sc. Part-II (Hons.) Examination, 2012, in Mathematics (H).Paper-III, bearing Roll 10 SH/124, No.0002, Registration No.022595 of 2009-2010. He shall indicate how many times the answer script was reviewed, if answer script is reviewed more than once whether that was as per the relevant Regulations of Examinations of the University, if not what was the occasion for re-examining the answer sc...
……………… Plaintiff Vs. Haroocharai Tea Estate and ors.
Court: Kolkata
Decided on: Mar-18-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.209 of 1995 Tea Board Plaintiff versus Haroocharai Tea Estate & ORS..Defendants For the Plaintiff : Mr.Dhruba Ghosh, Advocate Mr.Sarathi Dasgupta, Advocate Mr.Anil Dhar, Advocate Heard on : March 10, 2014 Judgment on : March 18, 2014 DEBANGSU BASAK, J. The suit was for declaration of ownership and alternatively for a money decree. The defendants did not appear at the hearing of the suit. The plaintiff adduced evidence through one witness and produced various documents. The plaintiff gave machineries to the defendants on hire purchase. The fiRs.defendant was a partnership firm of which the second to the fifth defendants were partneRs.The plaintiff and the fiRs.defendant entered into an agreement dated June 8, 1988 being Exhibit D. By such agreement the plaintiff agreed to supply on hire purchase the machinery and equipment described in the fiRs.Schedule to s...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-18-2014
ORDER SHEET CP NO.209 OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SARAF IMPEX (P) LTD ANDIN THE MATTER OF : THE FEDERAL BANK LTD BEFORE: The Hon'ble JUSTICE PATHERYA Date : 18th March, 2014. MR.RAJSHEKAR MANTHA,ADVOCATE FOR PETITIONER MR.PRAMIT KR.RAY, MS.S.MUKHERJEE, MR.A.K.ROY, MR.A.DAVE, NR.S.BISWAS, ADVOCATES FOR COMPANY The Court : The petitioning creditor seeks admission of this winding up petition for the balance sum overdrawn by the company. A statutory notice was issued on 22nd January, 2013 by the petitioning creditor and a reply thereto was also issued by the company. In the said reply given, the company took the plea of not booking when request was made, by virtue whereof the company suffered loss. This was in respect of the fiRs.letter of credit opened by the petitioning creditor in favour of the company. The said fiRs.letter of credit was settled and except for loss suffered no other claim has been alleged by the company in ...
Re: Hindustan Steelworks Construction Ltd Vs. O.L.
Court: Kolkata
Decided on: Mar-18-2014
1 ORDER SHEET CA No.451 of 2013 With BIFR No.538 of 1992 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE RE: M/S.BENGAL IMMUNITY LTD (IN LIQN.) And RE: HINDUSTAN STEELWORKS CONSTRUCTION LTD -VSO.L.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th March, 2014. Appearance: Mr.Asit Bhattacharjee, Adv.Mr.Somnath Gangopadhayay, Adv..for the HSCL. Mr.A.Sarkar, Adv..for the Official Liquidator. Mr.D.K.Singh, Adv..for the Deputy Official Liquidator. The Court: The letter for direction has been placed before me by the Official Liquidator seeking direction upon the District Local Police Authorities to provide police assistance to the Official Liquidator so as to enable him to obtain physical possession of the property of the company (in liquidation) situated at 88, Akshay Kumar Mukherjee Road, Noapara, Police Station Baranagar, West Bengal and to make over possession thereof to the purchaser M/S.Hindustan Steelworks Construction LTD.It appears from record that on 19th of December, 2012 an attempt w...
Swapan Kumar Saha and anr. Vs. State Bank of India
Court: Kolkata
Decided on: Mar-18-2014
ORDER SHEET TA NO.36 OF2014WITH T NO.79 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWAPAN KUMAR SAHA & ANR. Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th March, 2014. Mr.A.Mitra, Mr.J.Chowdhury, Mr.S.Ghoshappear. Ms.A.RaoappeaRs.The Court : I have considered the decision of the State Bank of India dated 1st February, 2014. By it, the fiRs.plaintiff has been declared as a wilful defaulter. Ms.Rao for the bank submits that the name of the fiRs.plaintiff was posted on the website of CIBIL and other CICs as early as September, 2013. I do not understand how this was done before the above decision was made on 1st February, 2014. The phrase wilful default is defined in paragraph 2.1 of a circular of the Reserve Bank of India dated 2nd July, 2012. It is inserted below. 2.1 Definition of wilful default: The term wilful default has been redefined in supersession of the earlier definition as under: A wilful default would...
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