Kolkata Court May 2014 Judgments
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M/S. Continental Consultants Vs. Commissioner of Service Tax, Kolkata
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-07-2014
Dr. D.M. Misra, J. 1. This is an Application filed seeking waiver of predeposit of Service Tax of Rs.3,41,329/- and equal amount of penalty under Section 76 of the Finance Act, 1994. 2. Ld. Authorized Representative for the Applicant submits that the ld. Commissioner (Appeals) has not decided the appeal on merit. He submits that even though their Principal had paid the entire service tax, they were saddled with the service tax demand. He also submits that the issue has not been decided on merit. However, he makes an offer to deposit Rs.75,000/- and prays that the matter may be remanded to the ld. Commissioner (Appeals) for decision on merit. 3. Ld. AR for the Revenue has not objection for remanding the case, as the ld. Commissioner (Appeals) has not decided the issue on merit. However, he submits that the Applicant may be put into terms before remanding the matter. 4. After hearing both sides for some time, we find that the Appeal itself, could be disposed off, at this stage. According...
Birla Corporation Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-06-2014
ORDER SHEET GA13842014 WP8262012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BIRLA CORPORATION LTD.& ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 6th May, 2014. The Court : Challenging the vires of the provisions contained in the West Bengal Tax on Entry of Goods into Local Areas Act, 2012 and the rules made thereunder, the petitioners have filed the instant writ petition before this court. An indentical writ petition being W.P.No.11407(W) of 2012 was filed by another person wherein the Court had declared the provisions of the said Act ultra vires of the Constitution. The said order was carried before the Division bench in an intra court appeal where the Division Bench directed the assessment proceeding to be completed but no refund was directed to be made. In this application the petitioners intend to say that the respondents authorities are contemplating to take steps for recovery of the demand by invoking th...
Appellant Vs. Respondent
Court: Kolkata
Decided on: May-06-2014
ORDER SHEET GA NO.529 OF2013WITH PLA NO.345 OF2012IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF: BELA CHATTOPADHYAY ALIAS BELA CHATTERJEE(DECD.]. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 6th May, 2014. Mr.S.Sen, Mr.A.Pramanick, Ms.N.Adhyaappear. Mr.S.Ghosh, Mr.D.Mukherjeeappear. The Court : This is an application by the executor, in aid of the above PLA proceedings for, inter alia, the following orders : [a].An order of injunction be passed against the son of the deceased testatrix namely Sr.Siddhartha Chatterjee from dealing with in any way and/or transferring the said shares held in joint accounts with the deceased bearing 10081539 and 10081514 maintained with ABN AMr.Bank [now Royal Bank of Scotland].till disposal of the probate proceedings or till such time as this Hon'ble Court may deem fit and proper; [b].An order passed directing ABN AMr.Bank [now Royal Bank of Scotland]., Brabourne Road branch, Thapar House, Kolkata 70...
Shri Snehasish Mukhopadhyay Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-06-2014
ORDER SHEET WP10032012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHRI SNEHASISH MUKHOPADHYAY Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th May, 2014. Mr.Debarshi Sarkar, Adv., Mr.Chiranjit Chatterjee, Adv., for the petitioner. Mr.Manas Sinha, Adv., Mr.Balaram Patra, Adv., for the respondent no.3. Mr.Chittaranjan Ghosh, Adv., for the State. The Court : The petitioner has challenged the order passed by the Seventh Industrial Tribunal arising out of the order of reference vide G.O.No.600IR/IR/11L-73/07 dated 17th May, 2010 dismissing the said reference case principally on the ground that the Government of West Bengal is not the appropriate Government. The dispute was referred to the Seventh Industrial Tribunal to adjudicate upon the following issues: 1.Whether the refusal of employment of the workman, Sr.Snehasish Mukhopadhyay, with effect from 1st July, 2009 is justified?.2. To what relief, the workman is entitled?....
R.K.P. Udyog Ltd. Vs. Hemraj Mahavir Prosad Pvt. Ltd. and ors.
Court: Kolkata
Decided on: May-06-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before : The Honble Justice Debangsu Basak G.A.No.1227 of 2014 C.S.No.568 of 1992 R.K.P.Udyog LTD.versus Hemraj Mahavir Prosad PVT.LTD.& ORS.For the Applicant : Mr.Usha Doshi, Advocate For the Plaintiff : Mr.Rudra Deb Chowdhury, Advocate For the Defendant Nos.17A, 17B, 17C : Mr.Rahul Kinkar Pandey, Advocate Mr.S.K.Tiwari, Advocate Heard on : May 02, 2014 Judgment on : May 06, 2014 DEBANGSU BASAK, J. The heir and legal representative of the deceased Defendant No.20 applied for recording the death of the Defendant No.20, consequential substitution and for other reliefs. The applicant claimed that he became aware of the pending suit from a postal cover addressed to the deceased Defendant No.20 containing an application of the plaintiff. The Defendant No.20 died on October 17, 2005. The applicant claimed that, the plaintiff did not serve writ of summons of the suit on the Defendant No.20 during his lifetime. T...
K. J. Yusuf Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-06-2014
ORDER SHEET WP No.364 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE K.J.YUSUF Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 6th May, 2014 Mr.Rajdeep Biswas, Advocate ..for the petitioner Mr.Sabhyasachi Roy Chowdhury, Advocate ..for the State The petitioner was a panel advocate of the State of West Bengal since 2003 till May, 2011. He is aggrieved because the bills raised by him for professional services rendered have not been cleared. I have heard learned advocates for the parties. It is not in dispute that the petitioner had been an empanelled advocate for nearly 8 yeaRs.In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent he is not entitled to the fees charged by him and to release such quantum of payment to the petitioner, as are found to be admissible. That would necessarily req...
Sanjoy Banik Chowdhury Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-06-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice SOUMITRA PAL6h May, 2014 WP394of 2014 Sanjoy Banik Chowdhury versus State of West Bengal & ORS.Mr.A.K.Bera,Advocate ..for the petitioner Mr.Arabinda Chatterjee, Advocate Mr.Bhaskar Nandi,Advocate.for the state. The Court :- In the writ petition, the petitioner, who has been given an offer letter dated January 6, 2014 for plying vehicles in between Nimta Bus Stand (201 Bus Stand) to Panchla and who has deposited a sum of Rs.12,000/- towards permit fees on April 23, 2014 and has purchased a vehicle which has been registered, has prayed for a direction upon the State Transport Authority, West Bengal and its Secretary, the respondent Nos.2 and 4 to issue permits to ply the vehicles. Relying on an intimation dated March 3, 2011 and March 8, 2011 issued by the Principal Secretary, Government of West Bengal and OSD of Special Secretary, Government of West Bengal, it is submitted on behalf...
Standard Shoe Sole and Mould (India) Limited Vs. Idbi Bank Limited
Court: Kolkata
Decided on: May-06-2014
ORDER SHEET CS No.345 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STANDARD SHOE SOLE AND MOULD (INDIA) LIMITED Versus IDBI BANK LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th May, 2014. Appearance: Mr.Sakya Sen, Adv.The Court : The defendant did not file the written statement within the extended period as granted to the defendant by the order dated 25th February, 2014. The learned counsel for the defendant submits that the written statement has been made ready on 25th April, 2014 and a copy whereof has been served upon the plaintiff. Learned counsel seeks leave for extension of time to file written statement. In view of the failure on the part of the defendant bank comply with the order dated 25th February, 2014, the suit could not be heard. For the inconvenience caused to this Court and to the plaintiff, the defendant bank is directed to pay cost of 200 GMs to the State Legal Aid Services in couRs.of this week. The said amount sh...
Bhandari Builders Ltd. Vs. Hindustan Steel Works Construction and anr
Court: Kolkata
Decided on: May-06-2014
CS No.610 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHANDARI BUILDERS LTD.Versus HINDUSTAN STEEL WORKS CONSTRUCTION & ANR BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th May, 2014. The Court : A prayer for adjournment is made on behalf of the defendant no.2. The defendant no.2 seeks extension of time to disclose documents. On 25th February, 2014, time was allowed to the defendant no.2 to disclose documents within a period of two weeks from that date upon payment of cost 200 GMs to the plaintiff to enable the defendant no.2 to rely upon the said documents. The defendant no.2 has neither paid the cost nor disclosed any document. The defendant no.2 was not represented on 29th April, 2014. However, considering the nature of the prayer as and by way of a last opportunity, the defendant no.2 shall be permitted to disclose the documents on or before 14th of May, 2014 subject to payment of cost 200 GMs to State Legal Aid Services Authority on or...
Mohr. International Gmbhj Vs. Derrick Nayyar
Court: Kolkata
Decided on: May-06-2014
ORDER SHEET CS No.110 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOHR. INTERNATIONAL GMBHJ Versus DERRICK NAYYAR BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th May, 2014. The Court : The plaintiff has instituted this suit for recovery of price of goods sold and delivered. The suit is appearing as an undefended suit. It appears from the service report filed by the department concerned that a duplicate copy of the Writ of Summons along with the copy of the plaint was served upon the defendant by affixation at the outer door of premises no.45, Ripan Lane, Kolkata 16, by the bailiff attached to this Court. It further appears that the postal envelope containing duplicate copy of the Writ of Summons along with the copy of the plaint sent by the registered post and addressed to the defendant was received by the office on 15th December, 2008 with the postal endorsement refused. In view of the aforesaid, this Court is satisfied that the plaintif...
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