Kolkata Court August 2014 Judgments
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Commissionerate Vs. M/S.Vee Kee Ispat (P) Ltd.(Now M/S.Brand Alloys.)
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET GA NO.1136 OF2014CEXA NO.5 OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Central Excise) ORIGINAL SIDE IN THE MATTER OF : COMMISSIONER OF CENTRAL EXCISE, KOL-IV COMMISSIONERATE Versus M/S.VEE KEE ISPAT (P) LTD.(NOW M/S.BRAND ALLOYS.) BEFORE: The Hon'ble JUSTICE SOUMITRA PAL AND The Hon'ble JUSTICE ARINDAM SINHA Date : 28th August, 2014. MR.R.BHARADWAJ.MR.K.K.MAITI,ADVOCATES FOR APPELLANT MR.PRADIP KR.TARAFDER, MR.JOYDEEP SEN, MR.S.DUTTA, MR.H.ADHIKARI, ADVOCATES FOR RESPONDENT The Court : This is an application for stay of the judgment and order dated 25th November, 2013 passed by the CustoMs.Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Stay Petition no.E/S/984/2011 in Excise Appeal No.E/A/824/2011 (M/s.Vee Kee Ispat (P) Ltd.(now M/S.Brand Alloys) versus Commissioner of Central Excise, Kolkata-IV, Commissionerate) whereby the Tribunal directed total waiver of pre-deposit of the dues adjudged and had stayed recovery during pendency of th...
Citi Bank N.A. and anr. Vs. Syed Mohammad SahabuddIn and ors.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET GA No.2714 of 2014 With CS No.318 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CITI BANK N.A.& ANR. Versus SYED MOHAMMAD SAHABUDDIN & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th August, 2014. Appearance: Mr.Utpal Bose, Sr.Adv.Mr.Siddhrtha Chatterjee, Adv.Ms.Suchishmita Chatterjee (Ghosh).Adv.Mr.M.K.Seal, Adv.for the petitioner Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.S.R.Saha, Adv.for the defendant no.1 Mr.Amitesh Banerjee, Sr.Adv.Mr.Tapas Ballav Mandal, Adv.for the State. The Court: The suit is in the nature of watching and besetting. The petitioner claims that the defendant nos.1 and 2 are in no way conneted with the plaintiff. The members of the Bengal Provincial Banks Contract Employees Association are not the employees of the bank. the members belonging The notice of strike cannot be issued by to the said association disrupting the activity of the bank. Mr.Utpal Bose, learned senior counsel appearing the on provisi...
Sohom Shipping Pvt Ltd and anr. Vs. Union of India and anr.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET WP No.795 OF2014IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SOHOM SHIPPING PVT LTD & ANR. Versus UNION OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 28th August, 2014. Mr.A.Mitra, senior advocate, Mr.A.Roy, Ms.M.Chowdhury, Ms.N.Jalan, Mr.S.N. Pynefor petitioneRs.Mr.S.B.Saraf, Mr.T.M.Siddiquefor respondents. The Court : A substantial question has been raised in this writ application. The question is this. Whether the Commissioner by his order dated 21st July, 2014 has followed the correct principles and standards in imposing the penalty ?. The penalty imposed on the writ petitioner which operates as a stevedore is Rs.10 lacs under section 112[a].of the Customs Act, 1962. Mr.Mitra, learned senior counsel appearing for the writ petitioner submits that the Commissioner in the body of the order has stated that the duty realizable from the goods was zero as it enjoyed exemption. If that were the case, according to learned counsel,...
Smt. Gita Dey and ors. Vs. Smt. Nalinibala Dey and ors.
Court: Kolkata
Decided on: Aug-28-2014
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE A.P.O.No.222 of 2014 WITH CS911of 1988 Smt. Gita Dey & ORS.Versus Smt. Nalinibala Dey & ORS.BEFORE: The Honble CHIEF JUSTICE DR. MANJULA CHELLUR The Honble JUSTICE ASHIM KUMAR BANERJEE Heard on: 12.08.2014. Delivered on: August 28, 2014. For the Appellants:- Mr.Sabyasachi Chowdhury, Mr.RajaRs.Dutta, Mr.Arif Ali, Mr.R.B.Prasad, Mr.Vikas Baisya, Mr.Siladitya Bose. For the Defendant No.3:- Mr.Ram Dulal Manna. For the Defendant No.18 Series:- Mr.Sakkya Sen, Mr.P.C.Pal Chowdhury. Dr. Manjula Chellur, Chief Justice : This appeal is filed against judgment dated April 4, 2013 in a suit for partition. So far as preliminary decree, as early as September 17, 2002 it came to be passed in respect of five properties. As submitted, later two other properties were also included. So far as other immovable properties and the business of the family, it was indicated in the preliminary decree that Joint Commissioner of Partition appo...
Magma Fincorp Ltd. Vs. Rudramani Bishwakarma and ors.
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET EC1972014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus RUDRAMANI BISHWAKARMA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th August, 2014. Mr.P.Sinha, Adv.appeaRs.The Court : By order dated May 6, 2014, in terms of section 39(1)(b) of the Code of Civil Procedure, the decree was transmitted to the competent civil court at Rewa, State of Madhya Pradesh by this Court. The interim order was passed in terms of prayer (f) which was to continue for a period of eight weeks or until further orders of the competent civil court to enable the award holder to approach the competent civil court and to prevent the judgment debtors for making the award infructuous. Mr.Sinha, appearing for the award holder, submits that the award has not been transmitted by the department concerned. In view of the aforesaid, the department is directed to transmit the award appended to the tabular statement to the competent civil court at ...
Pradip Kumar Lodha and ors. Vs. Official Liuquidator, High Court, Calc ...
Court: Kolkata
Decided on: Aug-28-2014
CA No.486 of 2014 with CP No.545 of 2013 CP No.367 of 2013 CP No.679 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION In the matter of: Shree Madhav Edible Products LTD.(In Liqn.) And In the matter of: Pradip Kumar Lodha & ORS.Versus Official Liuquidator, High Court, Calcutta & Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date: 28th August 2014 Appearance: Mr.Ranjan Deb, Sr.Advocate Mr.Sakya Sen, Advocate Mr.Shaunak Mitra, Advocate Mr.S.R. Kakrania, Advocate for the petitioner in CA No.486 of 2014 Mr.Rahul Karmakar, Advocate for the petitioner in CP No.545 of 2013 Mr.Ravindar Tiwari, Advocate for the petitioner in CP No.367 of 2013 Mr.O.N. Rai, Advocate Mr.P.Agarwal, Advocate for the petitioner in CP No.679 of 2013 Mr.Ronojit Chowdhury, Advocate for the official liquidator The Court: CA No.486 of 2014 was scheduled to appear in the list today, being the returnable date of the application. It has not so appeared, although, according to the determination made by ...
Kohinoor Paper and Newsprint Pvt Ltd Vs. Rahul Bhansali
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET APOT No.484 of 2014 ACO No.159 of 2014 CP No.794 of 2014 -AndAPOT No.485 of 2014 ACO No.160 of 2014 CP No.794 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KOHINOOR PAPER AND NEWSPRINT PVT LTD Versus RAHUL BHANSALI BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 28th August, 2014. Appearance: MRS.Manju Agarwal with Mr.B.Manot Ld. Advocates for the appellant. Ms.Manju Bhutoria, ld. Advocate For the respondent. Mr.Ronojit Chowdhury, ld. Advocate For the Official Liquidator. The Court : - Since both these appeals would relate to the subject Company being the appellant, we would dispose of both the appeals by the common judgment and order. The respondent-creditor filed a petition for winding up that the Company opposed by raising a dispute that the learned Judge rejected being not a bonafide one. The learned Judge passed an order of admission of the winding up petition vide order dated April 7, 2014. H...
Kabari Pvt. Ltd. Vs. Shrimati Ila Basu and ors.
Court: Kolkata
Decided on: Aug-28-2014
EC No.517 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction KABARI PVT.LTD.Versus SHRIMATI ILA BASU & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th August, 2014. Appearance: Mr.Gautam Chakraborty, Sr.Adv.Mr.Moloy Kumar Ghosh, Sr.Adv.The Court : The decree for eviction is less than a year old. However, Mr.Moloy Ghosh, learned senior counsel appears for defendant nos.9 and 10 and submits that a copy of this application be served upon his clients. Accordingly, the advocate-on-record of the petitioner decree-holder is directed to serve a copy of this application upon the advocate-on-record of the judgment-debtor Nos.9 and 10. Mr.Ghosh also submits that an appeal has been preferred against the said decree but no stay has been granted by the Honble Division Bench. It is further submitted that the property is situated outside the jurisdiction of this Court and in view of Section 39 sub-Section 4, the decree is executable by the court having jurisdiction over ...
Commissionerate Vs. M/S.Brand Alloys Ltd.(Formerly Known as
Court: Kolkata
Decided on: Aug-28-2014
ORDER SHEET GA NO.1130 OF2014CEXA NO.4 OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Central Excise) ORIGINAL SIDE IN THE MATTER OF : COMMISSIONER OF CENTRAL EXCISE, KOL-IV COMMISSIONERATE Versus M/S.BRAND ALLOYS LTD.(FORMERLY KNOWN AS M/S.VEEKEE ISPAT(P) LTD.) BEFORE: The Hon'ble JUSTICE SOUMITRA PAL AND The Hon'ble JUSTICE ARINDAM SINHA Date : 28th August, 2014. MR.R.BHARADWAJ.MR.K.K.MAITI,ADVOCATES FOR APPELLANT MR.PRADIP KR.TARAFDER, MR.JOYDEEP SEN, MR.S.DUTTA, MR.H.ADHIKARI, ADVOCATES FOR RESPONDENT The Court : This is an application for stay of the judgment and order dated 25th November, 2013 passed by the CustoMs.Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Stay Petition no.E/S/736/2012 in Excise Appeal No.E/A/440/2012 arising out of order-in-original No.12/Commissioner/CE/Kol-IV/2012 dated 18.04.2012 (M/s.Brand Alloys Ltd.(formerly known as M/s.Veekee Ispat (P) Ltd.) versus Commissioner of Central Excise, Kol-IV, Commissionerate) whereby th...
Himadri Narayan Basu and Another Vs. Mrs. Shanta Mahalanobis
Court: Kolkata
Decided on: Aug-28-2014
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Chief Justice MRS.Manjula Chellur And The Honble Justice Ashim Kumar Banerjee A.P.O.No.143 of 2014 C.S.No.155 of 1995 Himadri Narayan Basu and another versus MRS.Shanta Mahalanobis For the Appellant : Mr.Dhruba Ghosh, Advocate Mr.Rupak Ghosh, Advocate Mr.Kaushik Mondal, Advocate For the Respondent : Mr.Maloy Ghosh, Senior Advocate Ms.Rajyashree Chowdhury Mukherjee, Advocate Heard on : August 20 and 21, 2014 Judgment on : August 28, 2014. ASHIM KUMAR BANERJEE, J.In 1979 the Superintendence Company of India Limited filed a suit being suit No.343 of 1979 as against Western Building Corporation inter-alia claiming, the defendant being the developer of the Everest building failed to adhere to the agreement for sale as also complete the construction and maintain the building. Simultaneously on filing of the suit the Superintendence filed an application for interim protection. One Mohit...
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