Kolkata Court March 2011 Judgments
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Outram Club and anr. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Mar-14-2011
1. Heard the learned Advocates appearing for the parties. Assailing the judgment and order dated 16th September, 2009 passed in W.P. No. 271 of 2009, the appeal being APOT No. 602 of 2010 was filed, which was time barred. Accordingly, application under Section 5 of the Limitation Act registered as GA No. 3432 of 2010 was filed. Subsequently one supplementary affidavit has been filed in connection with the application under Section 5 of the Limitation Act. Respondents have filed opposition against the application under Section 5 of the Limitation Act. Rejoinder of supplementary affidavit also has been filed. In paragraphs 5, 6 and 7 the reason to prefer the appeal belatedly has been stated. The said paragraphs 5 to 7 read such: 5. Your petitioner states that on the next date i.e. on 3rd September, 2010 the clerk of the Advocate Mr. Dibyenda Chatterjee of your petitioner applied for certified copy of the order dated 2nd September, 2010 passed by the Honble Justice Tapen Sen in W.P. No. ...
Basant Kumar and ors. Vs. Mohan Kumar and ors.
Court: Kolkata
Decided on: Mar-14-2011
1. This appeal is at the instance of the plaintiffs in a suit for partition and is directed against order dated 10th February, 2011 passed by a learned Single Judge of this Court by which His Lordship modified the ad interim order of injunction earlier granted by another learned Single Judge with direction upon the defendants to file affidavits-in-opposition to the main application for injunction and fixed the matter as Adjourned Motion in the monthly list of March, 2011. 2. Being dissatisfied, the plaintiffs have come up with the present appeal. After hearing the learned counsel for the parties and after going through the materials on record, we find that initially, immediately after filing of the suit, the learned Judge of this Court granted an ad interim order of injunction restraining the defendants from disturbing the plaintiffs possession in the suit property situated on Garcha First Lane, and also restrained the defendants from transferring, alienating or encumbering the said pr...
SahujaIn Charitable Society and anr. Vs. Kolkata Municipal Corporation ...
Court: Kolkata
Decided on: Mar-14-2011
1. In this writ petition the legality, validity and/or correctness of the assessment of the annual valuation of the basement, 11th , part of 12th and 13th to 16th floor of premises no. 8, Camac Street, Kolkata w.e.f. 4th quarter of 1984-85, 4th quarter 1990-91, 4th quarter of 1996-97 are under challenge on various grounds. 2. The vires of the 2nd proviso to section 179(2)(d) of the Kolkata Municipal Corporation Act, 1980 is also under challenge in this writ petition. 3. However, in course of hearing of this writ petition the petitioner has abandoned his claim regarding the challenge relating to the vires of the said provision of the Kolkata Municipal Corporation Act. As such, the petition is taken up for consideration with regard to the remaining part of the challenge in the writ petition. It is contended by Mr. Chowdhury, learned Advocate appearing for the petitioner that no reasoned order was passed by the concerned authority on the objection filed by the petitioner to the proposed ...
Sree Durga Cotton Spinning and Weaving Mills Staff and Workers Union a ...
Court: Kolkata
Decided on: Mar-14-2011
1. The Official Liquidator has filed a fresh report. According to such report the fund in his hand is Rs.63857776/=. The admitted claim of the networkers is Rs.23905098/= against total admitted claims of three preferential creditors for Rs.157680244/=. Therefore, according to this calculation the ex-workers are to get Rs.63857776.00 x Rs.23905098.00 Rs.157680244.00 = Rs.9681152.00 2. However, without prejudice to the rights and conditions of the parties, considering that the ex-workers are in acute financial difficulties, I direct the Official Liquidator to deduct this sum of Rs.37 lakhs from the fund available with him and distribute the balance of a pro rata basis as proposed by him at page 2 of the report dated 7th March, 2011.3. The formula applied is to remain intact; only instead of Rs. 63857776/-, the figure should be Rs.63857776.00 Rs.37,00,000.00 = Rs.6,01,57,776.00. The Official Liquidator is to make disbursement to all the three preferential creditors mentioned in this repo...
K. Agencies Pvt. Ltd. Vs. Commissioner of Wealth Tax, Kol-iii
Court: Kolkata
Decided on: Mar-11-2011
1. A common question of law arises in these three appeals which were heard analogously. The question that arises for determination in these appeals is whether the initiation of a proceeding under Section 17 of the Wealth Tax Act, 1957 describing M/s. Abhudey Properties Pvt. Ltd. as the assessee who had no existence on the date of initiation of such proceedings, having already been merged with the appellant, was valid and whether the conditions for invocation of Section 17(1A)(b)(ii) are required to be reflected in the notice under Section 17 of the Wealth Tax Act for the purpose of initiation of a proceeding under Section 17 of the Act. 2. The following facts are not in dispute: a) M/s. Abhudey Properties Pvt. Ltd. had been wound up by virtue of the order of the Company Court and was amalgamated with the appellant, namely, M/s. I.K. Agencies Pvt. Ltd., with effect from 1st April, 1995. As a result the appellant took all the assets and liability of the wound up company. On the relevant ...
State of West Bengal and ors. Vs. Indian Jute Mills Association and or ...
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. This application under Article 226 of the Constitution of India is at the instance of the State of West Bengal and is directed against order dated 20th November, 2009 passed by the West Bengal Taxation Tribunal in R.N. 271 of 2008 and R.N. 461 of 2008 which were heard analogously and disposed of by a common judgment.2. In the above two proceedings before the Tribunal constituted under Article 323B of the Constitution of India, the question that had fallen for determination was whether stores and spare parts for plant and machinery used for manufacturing taxable goods would fall within the meaning of consumable stores as used in Section 22(4) of the West Bengal Value Added Tax Act, 2003 (Vat Act) for the purpose of claiming Input Tax Credit (ITC) In the above two proceedings under Section 8 of the West Bengal Taxation Tribunal Act, 1987, the respondents challenged the decision of the State Government not to treat the spare parts of plant and machinery to be consumable stores and to r...
M/S Padrone Marketing (P) Ltd. Vs. Controller of Thika Tenancy and ors ...
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. Instant writ petition has been filed assailing the judgment and order dated 23 rd December, 2008 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. (P) No. 1389 of 2005 whereby the said learned Tribunal affirmed the judgment and order passed by the learned Additional Thika Controller, Kolkata to the effect that though there was no tenancy in respect of the portion of the property in question namely Premises No. 9 and 9/1, Sarat Bose Road, Kolkata 700 020 as claimed by one Srimati Surenga Devi, the said property was nevertheless a Thika property in view of the existence of Khatal as recorded in the Inspection Book of Kolkata Municipal Corporation and thus vested in this State. 2. Facts and circumstances giving rise to this writ petition are narrated hereinafter. 3. One Asit Kumar Ghosh (since deceased) of 47, Pathuriaghat Street, Kolkata, was the owner of the premises No. 9, Sarat Bose Road, Kolkata 700 020 (hereinafter referred to as the said property). On the death...
Sahakar Global Private Limited and anr. Vs. Hooghly River Bridge Commi ...
Court: Kolkata
Decided on: Mar-11-2011
1. The Court :- The petitioners in this art.226 petition dated January 12, 2011 have questioned the terms and conditions of a Notice Inviting Pre-qualification for Tender of Toll Collection N.I.P. No.HRBC/PL.&DN.;/05 of 2010-2011 (at p.25) issued by Hooghly River Bridge Commissioners (a statutory organisation under the Government of West Bengal). The technical criteria under the heading Eligibility of the Agency numbered 6 in the notice have made the petitioners aggrieved, and they are quoted below:- (i) The bidder must have minimum 4(four) years experience of operating either a Toll Bridge or a Toll Road with at least 14(fourteen) lanes preferably with provision of at least 2(two) reversible lanes with fully electronically operated Toll Collection system at single location in India, on a highway involving collection of toll fees from vehicles only. (ii) The offerer shall have experience of handling minimum 50,000 vehicles per day in any single Toll Bridge/Toll Road in India. (iii) The...
Sanjay Kumar Choudhury and Another. Vs. the State of West Bengal and A ...
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. The petitioners are the Chief Vigilance Officer and Chairman-cum-Managing Director of Eastern Coalfields Limited respectively. They filed the above application inter alia, praying for quashing of the G.R. Case No. 794 of 2010 corresponding to Kulti Police Station Case No. 196 of 2010 initiated at the instance of the Respondent / Opposite Party No. 2 inter alia under Section 500,506 and 34 of the Indian Penal Code read with Section 7 of the prevention of corruption act. The Opposite Party No. 2 was an employee of Coalfields Indian Limited. While he was working as senior Accounts Officer the petitioners in their official capacity initiated disciplinary proceeding as against him on the charge of misconduct based on a complaint that he had irregularly certified a Bill amounting to Rs. 67,397/- in favour of M/s. Jai Guru Electrical without following the required guidelines.2. On September 12, 2007 the Chairman-cum-Managing Director issued a notice to show cause giving details of the impu...
Delta International Limited Vs. Mallika Investment Company Pvt. Ltd.
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. Order no. 86 dated December 3, 2010 passed by the learned Judge, 4th Bench, City Civil Court at Calcutta rejecting the petition of the defendant/petitioner (hereafter Delta) under Section 10 of the Code of Civil Procedure (hereafter the Code) read with Section 151 thereof (hereafter the said petition) for stay of further trial of T.S. No.719 of 1999 is under challenge in this application under Article 227 of the Constitution.2. T.S. No. 719 of 1999, instituted in April, 1999 (the day of institution is in dispute but not relevant for a decision here) by the plaintiff/opposite party (hereafter Mallika) is a suit for recovery of arrear rents from Delta in a sum of Rs. 5,17,000/- as well as for mandatory injunction on Delta to pay and liquidate to the Kolkata Municipal Corporation and other appropriate authorities all arrear dues of municipal rates and taxes and other impositions over and in respect of the suit premises bearing Nos.4A, 4B and 4D, Council House Street, Police Station-Har...
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