Kolkata Court December 2012 Judgments
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institute for Indian Labour and Another Vs. the Kolkata Municipal Corp ...
Court: Kolkata
Decided on: Dec-04-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1509 of 2008 GA No.3098 of 2011 INSTITUTE FOR INDIAN LABOUR & ANOTHER Versus THE KOLKATA MUNICIPAL CORPORATION & ORS . BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :4. h December, 2012. For Petitioner : Mr.Anirban Roy with Mr.P.K.Das, Advocates For Applicants : Mr.Rudraman Bhattacherjee, Advocate The Court : The Corporation of Kolkata has issued a notice under Section 411(1) of the Kolkata Municipal Corporation Act for demolition of the petitioners premises being No.16, Hemanta Bose Sarani as the said building is a dilapidated one and is in a dangerous condition. The writ petitioner has filed the instant writ petition being WP No.1509 of 2008 for implementation of the said order of demolition. It is contended by the writ petitioner that the said premises is occupied by several occupiers/tenants and as such it is not possible for the writ petitioner to demolish the said building due...
Karnani Estates (Mk) Pvt Ltd and anr Vs. Kolkata Municipal Corporation ...
Court: Kolkata
Decided on: Dec-04-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.954 of 2012 KARNANI ESTATES (MK) PVT LTD & ANR Versus KOLKATA MUNICIPAL CORPORATION & ORS For the Petitioner : Mr.Arindam Banerjee, with Mr.A.K.Mukherjee and Ms.S.Mukherjee, Advocates. For the KMC Mr.Biswajit Mukherjee with Mr.S.Debnath and Mr.D.Mondal, Advocates. : BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :4. h December, 2012. The Court : The legality and/or propriety of the order passed by the Hearing Officer on 15th May, 2012 in connection with the assessment of the petitioners premises No.209, Acharya Jagadish Bose Road for the period commencing from 1st quarter 2010 2011, appearing at page 62 of the writ petition, is under challenge in this writ petition. On perusal of the impugned order, this Court finds that the impugned order is absolutely a non-speaking order. The reason for assessing the annual valuation of the petitioners property at Rs.20,80,460/- for the period co...
Sahara India Financial Corporation Ltd. Vs. Allahabad Bank and ors.
Court: Kolkata
Decided on: Dec-04-2012
GA 311.OF 201.CS 37.OF 201.ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAHARA INDIA FINANCIAL CORPORATION LTD.Versus ALLAHABAD BANK & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :4. h December, 2012. Mr.A.K.Mitra, Sr.Adv.appeaRs.Mr.H.K.Mitter, Sr.Adv.appeaRs.The Court : By order dated November 29, 2012, the notice dated October 29, 2012 was stayed till this day. This day, counsel for the petitioner seeks extension of the interim order whereas counsel for the respondent no.28 seeks vacating thereof. It has been submitted by counsel for the respondent no.28 that the mutual rights of the parties must be balanced and the principle of tracing and equity followed as this is the only principle that has been followed by the respondent no.28 in issuing the notice dated October 29, 2012. The Supreme Court, in its order dated August 31, 2012, has upheld the order of SEBI and SAT and has held that there has been violation of the 1992 Act. Refunds ...
Land and Bricks and International Ltd and anr Vs. the K.M.C. and ors
Court: Kolkata
Decided on: Dec-04-2012
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.341 of 2012 GA No.1752 of 2012 LAND & BRICKS & INTERNATIONAL LTD & ANR Versus THE K.M.C.& ORS BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :4. h December, 2012. For Petitioner : Mr.Arindam Banerjee, Advocate For Respondent : Mr.Ashok Banerjee, Senior Advocate with Mr.Barin Banerjee, Mr.D.Mondal, Advocates The Court : Legality of the notice under Section 184(3)/184(4) of the Kolkata Municipal Corporation Act, 1980 issued by the municipal authority for assessing annual valuation of the premises No.37A, Bentinck Street for the period commencing from 1st quarter 2011-2012 appearing at page 49 of the writ petition is under challenge in this writ petition at the instance of the owner of the said premises. After hearing the learned Advocates for the parties and after considering the materials on record, this Court feels that the impugned notice was issued by the municipal authority withou...
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