Judgment Search Results Home > Cases Phrase: nepali Court: kolkata Year: 2008 Page 1 of about 21 results (0.010 seconds)

Bikram Dorjee Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(3)CHN701

..... , owner of ghoognee/chowmin shop, deposed that on 14th june, 2002 at about 4.30 p.m. in front of his shop, a person was stabbed. the victim was a nepali. p.w. 2 turned hostile. he was suggested, in cross-examination on behalf of the prosecution, made by permission of court, that he had told the police that the accused ..... came out of my shop and found someone lying being injured by stabbing. i found another man running away with knife in his hand towards dharmasala. the victim was a nepali young man and the man who fled away was seen by me from the back side. over the incident i was examined by the police and i stated the facts .....

Subhasish Muhuri Vs. Public Service Commission and ors.

Court : Kolkata

Reported in : (2008)IVCALLT5(HC)

..... or union territory in india on the date of advertisement for the examination; (iv) ability to read, write and speak in bengali (not required for recruitment in the case of nepali speaking candidates from hill areas of the district of darjeeling).10. mr. arunava ghosh, appearing as learned counsel for the writ petitioner, first invited attention of the court to the .....

Commissioner of Customs Vs. Globe Trotters Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

1. Heard both sides in respect of MA & Appeal filed by the applicant/appellant Commissioner and the Appeal filed by the appellant importer.2. In the Miscellaneous Application, it has been stated by the applicant Commissioner that the submission made by the appellant importers before the Tribunal regarding non-drawal of samples by Customs officials, is not true and factually correct and that the appellant importers have misled the Hon'ble CESTAT to get a favourable Stay Order. He further states that the samples were drawn in presence of the authorised CHA of the appellants and forwarded to the Assistant Drug Controller, which was duly acknowledged by him. He has also stated that in respect of importation of drugs it is a mandatory and statutory obligation on the part of Customs Authorities to ascertain as to whether the drugs under import comply with the standards laid down in the provisions of Drugs and Cosmetics Act, 1940. No clearance is allowed until and unless that procedure i...

Haldiram Ltd. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (2009)1CALLT158(HC)

Jayanta Kumar Biswas, J.1. Haldiram Limited, a company incorporated under the provisions of the Companies Act, 1956, has taken out this writ petition dated Februry 14th, 2008 seeking the following final reliefs:(a) Writ in the nature of Mandamus do issue commanding the respondents and/or each one of them: (i) To act and proceed in accordance with law; (ii) To execute the lease deed in favour of the petitioner in terms of plot No. C-5 being premises No. 1726, Rajdanga Road, Kolkata-700107 as stated in the notice innting tender, brochure and Deed dated 22nd May 2003; (iii) To withdraw/rescind/set aside the order dated 8th January 2008 canceling the Licence Deed being Annexure 'P55' and the Refund Advice dated 1st February 2008 being annexure 'P51' hereof;(b) A writ in the nature of prohibition do issue restraining the respondent authorities and/or each one of them from taking any steps in furtherance to the order dated 8th January 2008 including taking over possession of the land from th...

Yograj Gurung Vs. Aikon Network Marketing Private Limited

Court : Kolkata

Reported in : 2008(2)CHN396

Subhro Kamal Mukherjee, J.1. This is an appeal by an unsuccessful plaintiff against Order No. 6 dated July 6, 2006 passed by the learned Civil Judge (Senior Division), Siliguri, in a suit for partition and for recovery of possession.2. The plaintiff/appellant instituted Title Suit No. 18 of 2006, inter alia, seeking a preliminary decree for partition declaring plaintiff's share of .08 decimals of land described in the schedule 'B' to the plaint, final decree for partition and separate possession according to the report of the partition commissioner, recovery of possession in respect of .05 decimals in R.S. Plot No. 406 as described in schedule 'C' to the plaint.3. It is alleged in the plaint that Kharga Bahadur Gurung, the father of the plaintiff, and Madhumaya Gurung, the grandmother of the plaintiff, were the recorded owners of the land appertaining to Revenue Settlement Khatian No. 413 of mouza Siliguri in the district of Darjeeling. They had 5 annas and 2 gandas shares each in the ...

Kakali Mahato Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(4)CHN386,2008CriLJ3725

Partha Sakha Datta, J.1. The victim aged 16 years belonging to a poor family under Pathar Pratima police station was offered a Job of maidservant at Delhi by the appellant against monthly remuneration of Rs. 1,000/-. Accordingly, with the consent of her parents she was taken by the appellant to Delhi on or about 14th December 2003 but at Delhi she was not given any job in the house of the appellant and after she had spent a few days in the house of the appellant the appellant told the victim to go to different men and if she could please them she would be given handsome amount in return. She was not agreeable to the proposal but she was forced to go to different men so as to fulfill their carnal desire. Things went like this for months but she could not bear It any more and the appellant was compelled to take her to her mother on 15-2-04. Thus allegedly the appellant took the victim to Delhi with the temptation to find out a job for her but tortured her physically and mentally and ruin...

Howrah Ispat Private Limited Vs. Commissioner of Customs (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)(128)ECC140

1. Heard both sides. The appellants have imported candles from Nepal.The issue is whether such imports are to be charged to 4% of the additional customs duty applying Notification No. 3/2001 or these should be charged to full rate of additional customs duty equal to the excise duty leviable on like articles made in India. The exemption under Notification is subject to the condition that credit of duty paid on inputs or on capital goods has not been taken under the CENVAT Credit Rules.2. Shri S.K. Bagaria, learned Senior Advocate appearing for the appellants inter alia argues as follows: (i) The additional customs duty can be levied only equal to the excise duty for the time being leviable on a like article produced or manufactured in India. (ii) The condition in the Notification is clearly satisfied as the candles were manufactured in Nepal and admittedly, no duty credit has been availed under the CENVAT Credit Rules which are not applicable in Nepal. (iii) No further condition or res...

Subhamoy Singha Roy Vs. Jadavpur University and ors.

Court : Kolkata

Reported in : (2008)2CALLT468(HC),2008(3)CHN507

Sanjib Banerjee, J.1. Passion and prejudice are two charlatans that lie in stealthy wait to waylay any quasi-judicial adjudication, however noble the purpose of the exercise. To the two original limbs of natural justice of audi alteram partem (nobody shall be condemned unheard) and nemo debet esse judex in propria sua causa (nobody shall be judge of his own cause), has been added a third: the duty to assign reasons. A quasi-judicial order is founded on reason, not instinct. An order made on impression is erroneous in form and substance.2. The petitioner in the present proceedings under Article 226 of the Constitution of India challenges a decision made on the recommendation of an enquiry commission set up by the University to look into the charges of alleged malpractice involving two theses submitted for PhD degrees under the faculty of science of the University. The full report has been disclosed in the University's affidavit. The one-man enquiry commission has begun the report by rec...

Puskar Raj Wason Vs. Union of India (Uoi) (S.E. Railway) and anr.

Court : Kolkata

Reported in : AIR2008Cal255,2008(4)ARBLR567(Cal),2008(4)CHN477

Pranab Kumar Chattopadhyay, J.1. The instant appeal has been preferred from the judgment and order dated 21st March, 2005 passed by a learned single Judge of this Hon'ble Court on the application filed by the appellant herein under Sections 30 and 33 of the Arbitration Act, 1940. By the said application, appellant herein challenged the legality and validity of the award dated August, 30, 1990 passed by the learned Sole Arbitrator.2. It has been argued on behalf of the appellant that the learned single Judge has modified the award made by the learned Sole Arbitrator and virtually passed a new award in respect of the disputes between the parties. The learned Senior Counsel representing the appellant referred to the concluding portions of the judgment under appeal and submitted that the learned single Judge had observed that the learned Arbitrator might have for a noble cause directed payment of costs to the Army Central Welfare Fund, but the awarding of costs to a non-party is not permis...

Suborno Bose Vs. Appellate Tribunal for Foreign Exchange and ors.

Court : Kolkata

Reported in : [2009]150CompCas113(Cal),[2008]88SCL23(Cal)

Pinaki Chandra Ghose, J.1. This appeal is against an Order and/or judgment dated 6th July, 2007 passed by the Learned Appellate Tribunal.2. The facts of this case briefly are as follows:An order was passed by the Special Director (Appeals) Foreign Exchange Management Act forming a common adjudication order dated 30th December, 2004 where the adjudicating authority imposed penalty of Rs. 10 lacs against the appellant company and Rs. 10 lacs against the appellant Managing Director for contravention of Section 10(6) of Foreign Exchange Management Act, 1999 (hereinafter referred to as 'the said Act') on the ground that the appellants after taking remittances of foreign exchange of US Dollars 35766 and FRF 374000 on 18th April, 2000 and 19th June, 2000 respectively for import of refrigeration machinery so as to use the same in Hotel Industry in fact failed to do so and also failed to file the proofs thereof.3. It further appears that the appellant company filed an appeal before the Learned ...