Kolkata Court May 2014 Judgments
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Rani Leasing and Finance Ltd. Vs. Sanjay Khemani
Court: Kolkata
Decided on: May-06-2014
ORDER CS No.113 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction RANI LEASING & FINANCE LTD.Versus SANJAY KHEMANI BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 6th May 2014. Appearance: Mr.Jishnu Chowdhury, Advocate Mr.Soumabha Ghose, Advocate Ms.Sonia Sharma, Advocate ...for the plaintiff. Mr.P.K. Ghose, Senior Advocate Mr.Ashish Chakraborty, Advocate Ms.Suchismita Chatterjee, Advocate ...for the defendant. COURT: By admission of the parties, the following documents are marked as exhibits: Sl.No.PARTICULARS PD No.1. Copy of the letter dated 13th June 2000 issued by the plaintiff upon the defendant PD72. Original letter dated 13th June 2000 issued by plaintiff upon the defendant 3. Copy of letter dated 10th July 2000 issued by the plaintiff upon the defendant 4. Original letter dated 10th July 2000 issued by the plaintiff upon the defendant DD No.Exhibit D DD1PD8D E DD2E5 Copy of letter dated 25th July 2000 issued by the plaintiff upon the defendant 6. Original...
Rabindra Nath Dey Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: May-06-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO60OF2014GA1075of 2014 WITH WP909of 2013 RABINDRA NATH DEY Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble CHIEF JUSTICE ARUN MISHRA And The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 6th May, 2014. Mr.D.S.Mallick, Advocate for appellant Mr.F.Haque, Advocate Mr.A.Mukherjee, Advocate .for K.M.C.The Court :- In view of the judgment and order dated 13.12.2013 passed by the Learned Single Bench the order has been questioned in intra Court appeal. It appears that Hearing Officer has passed an order on 6th March, 2013 and it was ordered by the Single Bench that impugned order be furnished to Learned Advocate on record of the petitioner to enable him to take steps in accordance with law. It was submitted before the Single Bench that the petitioner was not heard and this writ application has not been entertained on the ground that the order is appealable one. The petitioner can raise all the questions before ...
M/S. Pagoda Shipping Corpn and Others Vs. Commissioner of Customs (Air ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-06-2014
Dr. D. M. Misra, J. 1. These six Appeals are filed against the Order-in-Original No. Kol/Cus/Airport/Admn./23/2005 dated 28.12.2005, by the above mentioned Appellants. Another Customs Appeal No.172/06 is filed by Shri Sandip Goel, Director of M/s Karan Exports (India) Pvt. Ltd. against the same Order-in-Original, but not listed today. Since it arises out of the same order, involving the same issue, with the consent of both sides, the said Appeal is taken up for disposal along with the listed Appeals. 2. The ld. Advocate, appearing for the Appellants, has submitted that subsequent to the passing of the adjudication order, the Appellants had procured certain evidences, namely, Export General Manifest as filed by the Shipping lines from the Customs Department under Right To Information Act, 2005. It is his submission that the said evidences have a direct bearing on the issue and accordingly, they have filed Miscellaneous Applications for introduction of such evidences before this Tribunal...
Commissiooner of Customs(Port), Kolkata Vs. M/S. Payodhi Foods Pvt. Lt ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: May-06-2014
Dr. I.P. Lal, J. 1. Heard both sides. 2. Brief facts of the case are that a show cause notice was issued to the Appellant proposing classification of dairy machine Icecream Candy making machine under CTH 84186990 attracting duty @ 7.5% BCD + 16% CVD + 2% Education Cess and 1% HS Education Cess + 4% ACD against their declared classification under CTH 8434200 and claiming the benefit of Exemption Notification No.6/2006-CE dated 01.03.2006. Consequently differential duty of Rs.24,66,811/- was demanded from the Appellant. Deputy Commissioner of Customs, Appraising Group, 5A, Customs Hosue, Kolkata vide order dated 30.07.2008 dropped the proceedings. Being aggrieved Revenue filed review application before the Ld.Commissioner(Appeals) who rejected the said application on the count of time bar. Being aggrieved with this order, Appeal is filed before this forum. 3. Ld.A.R. for Revenue has submitted that Ld.Commissioner(Appeals) has rejected the Revenues Appeal merely on the ground that there w...
Gourisuta Business Pvt. Ltd. Vs. Surendra Kr Surana and anr.
Court: Kolkata
Decided on: May-02-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE CC NO.52 OF2013GOURISUTA BUSINESS PVT.LTD.Versus SURENDRA KR SURANA & ANR. CC NO.55 OF2013JIWAN ABASAN PVT.LTD.Versus SURENDRA KR SURANA & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 2nd May, 2014. The Court : On 4th April, 2014 learned counsel appeared for the petitioner in each of the above two contempt applications and urged the Court to issue a rule against the alleged contemnORS.Considering the prima facie case as made out that the alleged contemnors had parted with possession of an office space on the fiRs.floor of the subject premises in favour of Dipak Exim PVT.Ltd., contempt rule, as prayed for was issued. The rule was made returnable on 2nd May, 2014. In spite of repeated calls today, none appeared for the petitioner. The alleged contemnors are not present in Court. I caused an inquiry to be made in the registry of this Court. I am informed by the superintendent of the concerned d...
Magma Fincorp Limited Vs. National Construction Co. and anr.
Court: Kolkata
Decided on: May-02-2014
AP No.559 of 2014 AP No.560 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LIMITED Versus NATIONAL CONSTRUCTION Co.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 2nd May, 2014. APPEARANCE: Mr.Utpal Bose, Adv.Mr.Sutapa Sanyal, Adv.Mr.Avirup Chatterjee, Adv.The Court : The matter was adjourned on April 25, 2014 for a week to ascertain whether the substantial payment as promised by the respondents was made by such time. The respondents are represented and the petitioner says that no payment has been made after April 25, 2014. According to the petitioner, this second round of the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 has been necessitated upon the respondents failure to pay the amount covered by the terms of settlement executed by the parties. The petitioner claims that a sum in excess of Rs.44 lakh is due on the basis of the terms of settlement. Since a substantial sum remains due and the respondents ha...
The O/L, High Court, Calcutta Vs. Niranjanlal Todi and ors.
Court: Kolkata
Decided on: May-02-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CA NO.350 OF2009WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASE FINANCE LTD.(IN LIQN.) AND NIRANJAN LAL TODI & ORS. CA NO.981 OF2010WITH CP NO.83 OF2004IN THE MATTER OF: DILIP RANJAN DEY & ORS.AND THE O/L, HIGH COURT, CALCUTTA CA NO.1080 OF2011WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.].AND THE O/L, HIGH COURT, CALCUTTA versus NIRANJANLAL TODI & ORS. CA NO.1090 OF2011WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.].AND THE O/L, HIGH COURT, CALCUTTA versus NIRANJANLAL TODI & ORS. CA NO.99 OF2013WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.]. CA NO.141 OF2013WITH CP NO.83 OF2004IN THE MATTER OF: TODI HIRE PURCHASE & LEASING FINANCE LTD.[IN LIQN.]. CA NO.979 OF2010CP NO.86 OF2005IN THE MATTER OF : BCL FINANCIAL SERVICES LTD.(IN LIQN.) AND THE OFFICIAL LIQUIDATOR, HIG...
israwati Debi Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: May-02-2014
WP No.344 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ISRAWATI DEBI -VersusCOAL INDIA LIMITED & ORS.Appearance: Mr.Partha Ghosh, Adv...for the petitioner. Mr.Partha Bose, Adv...for the Eastern Coal Fields. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 2, 2014. The Court : The petitioner claims to be the second wife of a miner who died in harness and claims the compensation due from the coal company and a compassionate employment under the standing ordeRs.The matter had been adjourned for the respondent authorities to indicate why the petitioner had not been given the benefit though the employee had died in August, 2011. It is submitted by the respondent authorities that the name of the petitioner as the second wife of the employee was not in the relevant coal companys records and rival claims have been lodged by the children of the deceased employee through his fiRs.wife. Only one of the sons of the deceased employee through the fiRs.wi...
M/S. Air Constructions and Consultants Pvt. Ltd. Vs. Smt. Reena Das
Court: Kolkata
Decided on: May-02-2014
1 ORDER SHEET GA No.1258 of 2014 APD No.463 of 2012 CS No.276 of 1999 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.AIR CONSTRUCTIONS AND CONSULTANTS PVT.LTD.Versus SMT. REENA DAS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 2nd May, 2014. Appearance: Mr.Vinay Misra, ld. Advocate For the appellant. Ms.Ahana Sikdar and Mr.Koushik Mondal Ld. Advocate for the respondent. The application for Court restoration. :- This is the This case has a second peculiar character. Learned Advocate-on-Record is critically unwell. His unfortunate condition is being taken as a shield by the appellant. Last time when the appeal was dismissed, similar plea was taken on the ground of his illness. We restored the appeal with an assessed cost of Rs.10,000/-. The appeal started appearing in the list. It was called on several times when Ms.Ahana Sikdar, learned Counsel appearing for the respondent, was always present. Last time when it was dismisse...
Mahaveer Construction and anr. Vs. Srei Equipment Finance Pvt. Ltd.
Court: Kolkata
Decided on: May-02-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO No.73 of 2014 AP No.971 of 2013 MAHAVEER CONSTRUCTION & ANR. Versus SREI EQUIPMENT FINANCE PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 2nd May, 2014. For Appellants For Respondent : : Mr.Aniruddha Mitra, Advocate Mr.Rupak Ghosh with Mr.Biplab Mazumdar, Advocates The Court : The parties had financial transactions on the basis of a hire purchase agreement. The appellants, being the borroweRs.failed to keep their commitment in paying the monthly installments that resulted in dispute culminating in an arbitration proceeding. The arbitrator published his award for Rs.5.05 lakhs. The respondent challenged before the learned Single Judge, inter alia, on two counts - (i) the matrix contract containing the arbitration clause stood novated whereby the parties to the contract agreed to bring a third party who would promise to pay the installments on beha...
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