Kolkata Court August 2014 Judgments
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Excel Import Pvt. Ltd. Vs. Union of India, Through the
Court: Kolkata
Decided on: Aug-22-2014
WP No.775 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE EXCEL IMPORT PVT.LTD.Versus UNION OF INDIA, THROUGH THE CHIEF COMMISSIONER OF CUSTOMS & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd August, 2014. Appearance: Mr.R.K.Chowdhury, Advocate Mr.S.B.Saraf, Advocate Md.T.M.Siddiqui, Advocate The Court: This is the second writ application. The fiRs.writ application (WP No.190 of 2014) was disposed of on 21st March, 2014 by Harish Tandon, J., directing the Customs assessment of the duty within Authorities to take steps for final three weeks from the date of communication of the order, complying with the rules of natural justice. The goods had been released on provisional assessment, awaiting final assessment. The final assessment has not been completed. Hence this second writ. By their letter dated 8th April, 2014 the Customs Department asked the writ petitioner to produce the following documents :1) Documentary evidences of selling price of...
Eiilm Foundation and ors. Vs. Malvika Foundation and ors.
Court: Kolkata
Decided on: Aug-22-2014
APOT No.432 of 2014 GA No.2562 of 2014 CS No.251 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EIILM FOUNDATION & ORS.Versus MALVIKA FOUNDATION & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ASHIM KUMAR BANERJEE Date : 22nd August, 2014. For Appellants : Mr.Mr.Mr.Ms.Ms.Tilak Bose, Sr.Advocate Debjyoti Dutta, Advocate Ganesh P. Shaw, Vijaya Bhatia and Suruchi Agarwal, Advocates For Respondent No.1 : Mr.Pratap Chatterjee, Sr.Advocate Mr.Mainak Bose, Advocate Mr.Arindam Mukherjee, Advocate For Respondent No.6 : Mr.R.L.Mitra, Advocate For Respondent No.7 : Mr.Chayan Gupta, Mr.N.Chakraborty, Advocates For Respondent No.9 : Mr.Nirmalya Dasgupta, Ms.Priyanka Dhar, Advocates The Court : This appeal is directed against the impugned order dated 30.7.2014, which reads as under :- Upon hearing learned Counsel for the parties when the matter was mentioned today by Mr.S.N.Mitra, learned senior Advocate, I direct the supervising comm...
Crompton Greaves Limited Vs. W.B. State Electricity Transmission Co Lt ...
Court: Kolkata
Decided on: Aug-22-2014
ORDER SHEET EOS No.10 of 2010 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE CROMPTON GREAVES LIMITED Versus W.B.STATE ELECTRICITY TRANSMISSION CO LTD (WBSETCL) & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd August, 2014. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.R.K.Khanna, Adv.Mr.S.E.Huda, Adv.Mr.Anuj Singh, Adv..for the plaintiff. Mr.Tarun Kr. Ghosh, Adv..for the defendants. The Court: The Learned Counsel for the defendants submits that the matter may be adjourned for three weeks in order to enable the defendants to seek approval from the competent authority to pay interest at the rate of 7% instead of the rates specified in each of the promissory notes. It cannot be disputed that there is delayed payment of the amount and the plaintiff is entitled to some interest. There is also considerable force in the argument made by Mr.Sabyasachi Chowdhury that the interest as claimed in the suit is admissible under Section 79 of the Negotiable Instrument Act, 1881. However, to put a...
Cropmton Greaves Ltd. Vs. West Bengal State Electricity Transmission C ...
Court: Kolkata
Decided on: Aug-22-2014
ORDER SHEET CS No.9 of 1996 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CROPMTON GREAVES LTD.Versus WEST BENGAL STATE ELECTRICITY TRANSMISSION Co.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd August, 2014. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.R.K.Khanna, Adv.Mr.S.E.Huda, Adv.Mr.Anuj Singh, Adv..for the plaintiff. Mr.Tarun Kr. Ghosh, Adv..for the defendants. The Court: The Learned Counsel for the defendants submits that the matter may be adjourned for three weeks in order to enable the defendants to seek approval from the competent authority to pay interest at the rate of 7% instead of the rates specified in each of the promissory notes. It cannot be disputed that there is delayed payment of the amount and the plaintiff is entitled to pay some interest. There is also considerable force in the argument made by Mr.Sabyasachi Chowdhury that the interest as claimed in the suit is admissible under Section 79 of the Negotiable Instru...
C. I. T. Kolkata Ii Vs. M/S. Yule Financing and Leasing Co. Ltd.
Court: Kolkata
Decided on: Aug-22-2014
ORDER SHEET ITA No.851 of 2004 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE C.I.T. KOLKATA - II Versus M/S.YULE FINANCING & LEASING Co.LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 22nd August, 2014. Appearance: Mr.R.K.Chowdhury, Adv.The Court :- This application under Section 260A of the Income Tax Act, 1961 has been preferred by the appellant-revenue against the order of the Income Tax Appellate Tribunal, B Bench, Kolkata dated August 6, 2014 in ITA No.1859/Kol/2003, 1860/Kol/2003 and 1861/Kol/2003 relating to the assessment years 1996-97, 1997-98 and 1998-99 on the following question:- Whether in the facts and circumstances of the case the Learned Tribunal disallowance Rs.60,95,987/- of erred in law Rs.61,18,120/-, representing in deleting the Rs.79,49,492/- and Public Deposit Issue expenses by holding the same to be of in the nature of Capital Receipts for 1997-98 and 1998-99?. the assessment years 1996-97, He...
Vs. Mr. P.T. Sharma , Joint Secretary (La), Kmda and anr.Alleg
Court: Kolkata
Decided on: Aug-22-2014
ORDER SHEET G.A.No.688 of 2013 C.C.No.22 of 2012 With W.P.No.32 of 2010 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE UNITED ENGINEERING WORKS Versus Mr.P.T.SHARMA , JOINT SECRETARY (LA).KMd.& ANR. Petitioner Alleged Contemnors BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE Date : 22nd August, 2014. For Petitioner : Mr.Aniruddha Mitra with Mr.Shib Shankar Dey, Adversus This is an application for contempt for violation of an order dated 5th April, 2010 passed by this Court in a writ petition filed by the writ petitioner seeking orders on the respondent authorities to forthwith execute the lease deed for 99 years in respect of plots of land specified in the letter dated 24th September, 1987. This Court recorded that the entire lease premium had duly been paid. In view of the submission of the learned Counsel appearing on behalf of Kolkata Metropolitan Development Authority [KMDA].that the petitioners had been asked to send their authorised representative to the...
Mic Electronics Ltd and anr. Vs. Srei Equipment Finance Ltd
Court: Kolkata
Decided on: Aug-21-2014
1 ORDER SHEET GA No.2308 of 2014 APOT No.378 of 2014 EC No.179 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MIC ELECTRONICS LTD & ANR. Versus SREI EQUIPMENT FINANCE LTD GA No.2309 of 2014 APOT No.379 of 2014 EC No.180 of 2014 MIC ELECTRONICS LIMITED & ANR -VSSREI EQUIPMENT FINANCE LIMITED. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 21st August, 2014. Appearance: Mr.Jishnu Chowdhury, Mr.Chayan Gupta, Mr.Surajit Sen and Ms.Nairita Dutta Chowdhury, Ld. Advocates for the appellant. Mr.Utpal Bose, Mr.Kausik Chatterjee and Mr.Ruby Joiswal, ld. Advocates For the respondent. The Court :- This appeal would arise out of an order passed in Execution Application appointing Joint Receivers to take possession of the assets which have been let on hire by the respondent to the appellant. The appellant would territorial contend, jurisdiction this to Court would entertain not such have any execution application. On the la...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-21-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CP No.380 of 2012 IN THE MATTER OF : M/S.SIDDHA SADAN PVT.LTD.-AND- M/S.GARODIA SECURITIES LTD.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 21st August, 2014. Appearance: Mr.Anuj Singh, Advocate Mr.Anirunddha Mitra, Advocate Mr.A.Raha, Advocate The Court : Having heard the learned counsel appearing for the parities and upon perusing the instant application as well as the pleadings filed in connection thereto, it appears that the company has not been able to come up with any plausible defence to counter the case of the petitioning creditor as pleaded in the winding up application. Even the statutory notice, which was issued by the petitioning creditor, was not replied to by the company. In the facts and circumstances of the instant case, there is no hesitation to hold that the company is liable to pay a sum of Rs.43,50,000/- lakhs in terms of the statutory notice together with interest ...
Sarad Kumar Bohra Vs. Union of India, Through Chief Commissioner of Cu ...
Court: Kolkata
Decided on: Aug-21-2014
ORDER SHEET WP NO.472 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SARAD KUMAR BOHRA Versus UNION OF INDIA, THROUGH CHIEF COMMISSIONER OF CUSTOMS & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st August, 2014. Mr.R.K.Chowdhuryfor petitioner. Mr.S.Moitra, Mr.G.Purokayasthafor respon dent no.3. Mr.P.K.Roy, Mr.K.K.Maityfor respondent nos.1 & 2. The Court : The Food Safety and Standards Authority of India has held up a sizeable quantity of sugar confectionery imported by the writ petitioner. Their allegation is that the products and the packages containing them are violative of The Food Safety and Standards Act, 2006 read with The Food Safety and Standards [Packaging and Labelling].Regulations, 2011. On the court application day, I permitted filing of affidavits. An affidavit has been affirmed and filed by one Mr.Khuntia, a senior Inspecting Officer [under designate from my Deputy Director Sr.Ais Kumar].. According to the report of food analysi...
Bibby Financial Service India Pvt Ltd Vs. Sss Loha Marketing Pvt Ltd
Court: Kolkata
Decided on: Aug-21-2014
1 ORDER SHEET APOT No.460 of 2014 ACO No.149 of 2014 ACO No.150 of 2014 CP No.552 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BIBBY FINANCIAL SERVICE INDIA PVT LTD Versus SSS LOHA MARKETING PVT LTD BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 21st August, 2014. Appearance: Ms.Ahana Sikdar, ld. Advocate For the appellant. Mr.Samit Talukdar, Sr.Advocate with Mr.Suman Dutta, Ms.H.Chakraborty, Mr.Aniruddh Poddar, ld. Advocates For the respondent. The Court :- This appeal is delayed by 92 days. Causes being sufficient, delay is condoned. The appeal is taken on record. This appeal would arise out of an order of admission of winding up passed in CP No.552 of 2013. The learned Single Judge admitted the winding up petition for a sum lesser than the amount claimed by the appellant. Hence this appeal at the instance of the petitioning creditor. Mr.appearing Samit for the Talukdar, respondent learned Company, Senior ...
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