Skip to content

Kolkata Court September 2014 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Sep 22 2014

Kolkata Municipal Corporation and ors. Vs. Pubanchal Estate Pvt. Ltd. ...

Court: Kolkata

Decided on: Sep-22-2014

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA2663OF2014WITH APO248of 2014 WP768of 2005 KOLKATA MUNICIPAL CORPORATION AND ORS.Versus PUBANCHAL ESTATE PVT.LTD.& ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 22nd September, 2014. Mr.Achintya Kumar Banerjee, Advocate Mr.R.Chakraborty, Advocate Mr.Gopal Chandra Das, Advocate Mr.Dipankar Ghosh, Advocate for appellants/KMC Mr.Jayanta Kumar Mitra, Sr.Advocate Mr.Abhrajit Mitra, Sr.Advocate Mr.Suman Kumar Dutt, Advocate Mr.Prasanta Naskar, Advocate Ms.Piyali Sengupta, Advocate Mr.Rudrajit Sarkar, Advocate Mr.S.Ghosh, Advocate for petitioners/respondents The Court :- The entire dispute revolves around whether the premises in question is used by third parties as also, therefore, the municipal taxes to be paid to the Municipality has to be assessed as if the premises in question is a commercial building. This is strongly resisted by respondents through their Senior Couns...


Sep 22 2014

M/S. S. J. Fabrics Pvt. Ltd. and anr. Vs. Union of India and ors.

Court: Kolkata

Decided on: Sep-22-2014

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP NO.414 OF2013M/S.S.J. FABRICS PVT.LTD.AND ANR. Versus UNION OF INDIA AND ORS. WP NO.421 OF2013M/S.EASTERN TRADERS AND ANR. Versus UNION OF INDIA AND ORS. WP NO.627 OF2014M/S.EASTERN TRADERS AND ANR. Versus UNION OF INDIA AND ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd September, 2014. Mr.B.Sen, senior advocate, Mr.S.Bandopadhyay, Mr.N.K.Chowdhury, Mr.A.Chakraborti, Mr.N.Chowdhuryfor petitioners in item no.11. Mr.S.Bandopadhyay, Mr.N.K.Chowdhury, Mr.A.Chakraborti, Mr.N.Chowdhuryfor petitioners in item no2.12 & 13. Mr.S.Mitrafor respondents in item no.11. Mr.Mr.U.K. Majumdar, Mr.D.Kundufor respondents in item nos.12 & 13. The Court : The point involved in these writ applications is very short. The writ petitioners are exporters of Technical Textiles which are described in the relevant policy document as Woven fabrics of Synthetic Filament Yarn. It is one of the products under the Focus...


Sep 19 2014

National Project Construction and Corporation Limited Vs. Union of Ind ...

Court: Kolkata

Decided on: Sep-19-2014

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.210 of 2014 AP No.1439 of 2013 National Project Construction and Corporation Limited versus Union of India For the Appellants : MRS.Sumita Mookherjee, Advocate MRS.KumKum Das, Advocate For the Respondents : Mr.Maloy Das, Advocate Ms.Aparna Banerjee, Advocate Heard on : August 14, 19 and 21, 2014 and September 9, 2014 Judgment on : September 19, 2014. ASHIM KUMAR BANERJEE, J. : CORE ISSUE Short point involved in this appeal would be, whether appointment of a former Judge, by Court under Section 11(6) of the Arbitration and Conciliation Act 1996, to act as arbitrator, would be held to be invalid when the agreement would refer to appointment of Railway Gazetted Officers to act as arbitrator. BACKDROP Railway invited a tender for construction that the respondent procured being successful in the ten...


Sep 19 2014

West Bengal Small Industries Development Corp. Ltd. and ors. Vs. M/S. ...

Court: Kolkata

Decided on: Sep-19-2014

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Jyotirmay Bhattacharya And The Honble Justice Ishan Chandra Das G.A.1172/2014 A.P.O.T No.175/2014 With W.P.No.36 of 2014 West Bengal Small Industries Development Corp. LTD.& ORS.-VsM/S.Sona Promoters PVT.LTD.& Anr. For the Appellants/ Respondent Authorities : Mr.Hirak Kumar Mitra, Sr.Adv : Mr.S.Sarkar, Adv : Mr.S.Mitra, Adv For the Respondent/ Writ petitioners : Mr.Debasish Kundu, Sr.Adv : Mr.R.N.Ghose, Adv : Ms.Sayani Mondal, Adv For the K.M.C : Mr.Alok Kr. Ghosh, Adv : Mr.Debanghsu Mondal Adv Heard on : 24.04.14, 28.04.14,26.06.14, 17.07.14, 07.07.14, 24.07.14,08.08.14, 22.08.2014 05.09.2014 & 12.09.14. Judgement On : 19th September, 2014. Jyotirmay Bhattacharya, J. This mandamus appeal is directed against an interim order of injunction passed by the Learned Trial Judge on 29th January, 2014 in Writ Petition being W.P.No.36 of 2014, at the instance of the appellant/respondent No.1...


Sep 19 2014

Sri Hiralal Das and ors. Vs. Khalil Ahmed, Municipal Commissioner, the ...

Court: Kolkata

Decided on: Sep-19-2014

ORDER SHEET CC702014 WP6682013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(Contempt) ORIGINAL SIDE Sr.HIRALAL DAS & ORS.-VSKHALIL AHMED, MUNICIPAL COMMISSIONER, THE KMC & ANR. BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 19th September, 2014. Mr.O.N.Rai, Adv., with Mr.V.K.Purohit, Adv., and Ms.A.Jayshree, Adv.Mr.P.Dutta, Sr.Adv., with Mr.A.Dey, Adv.The Court : This contempt application has been filed by the writ petitioner complaining violation of the order passed by this court on August 30, 2013 in W.P.No.668 of 2013, whereby the order impugned, passed by the Lok Adalat, was squashed and the municipal authority was directed to implement the order of demolition immediately. Challenging the said order passed by this court on August 30, 2013, an appeal was preferred by the alleged contemners herein. The said appeal being APOT No.587 of 2013 was dismissed on contest by confirming the order passed by this court. While dismissing the said appeal, the Honble Appeal Court ...


Sep 19 2014

Laboratory Pvt. Ltd. and anr. Vs. Life Insurance Corporation of India ...

Court: Kolkata

Decided on: Sep-19-2014

ORDER SHEET W.P.No.613 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE CALCUTTA SEROLOGICAL INSTITUTE LABORATORY PVT.LTD.& ANR. Versus LIFE INSURANCE CORPORATION OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 19th September, 2014. Ms.Sucharita Biswas, Mr.Debapriya Gupta, Adversus for the petitioner Ms.Sanjukta Ray, Adv.for LICI The Court : The grievance of the writ petitioners is that, as a tenant under the respondent No.1, the petitioner No.1 had tendered rent to the respondent No.1 under cover of letters sent by registered post with acknowledgement due card as well as by personal service. The respondent No.1 having received such letters did not issue the rent receipt to the petitioner No.1. It is submitted on behalf of the writ petitioners that, in a suit being Suit No.1002 of 1964 the petitioner No.1 was permitted to deposit rent by the Appeal Court by its order dated September 6, 1988. The writ petitioners claim that, the peti...


Sep 19 2014

Sudhir Kumar Nandan and anr. Vs. Nanigopal Nandan and anr.

Court: Kolkata

Decided on: Sep-19-2014

ORDER SHEET GA No.1006 of 2014 With CS No.1763 of 1959 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUDHIR KUMAR NANDAN & ANR. Versus NANIGOPAL NANDAN & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th September, 2014. Appearance: Mr.Swernendu Ghosh, Adv.Mr.Sanjib Das, Adv.Mr.Reetobroto Mitra, Adv.Mr.Aniruddha Mitra, Adv.The Court: It appears that the order dated 31st July, 2014 has not been complied with and an application was filed for recalling of the said order dated 31st July, 2014 was dismissed on 27th August, 2014. The defendants did not file any affidavit in opposition within the time stipulated. Mr.Reetobroto Mitra, the learned Counsel appearing on behalf of the defendants, submits that an affidavit in opposition has been made ready but out of time and a copy was forwarded to the Advocate-on-Record of the plaintiff on 15th September, 2014. This Court feels that the order of 31st July, 2014 is required to be implemented. The said order...


Sep 19 2014

Smt. Kabita Sit Vs. Bikram Sen and ors.

Court: Kolkata

Decided on: Sep-19-2014

ORDER SHEET CC1672011 WP15512006 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(contempt) ORIGINAL SIDE SMT. KABITA SIT Versus BIKRAM SEN & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 19th September, 2014. Mr.D.K.Samanta, Adv., for petitioner. THE COURT: In the fiRs.call, this matter was passed over on the prayer of the learned Advocate appearing for the alleged contemneRs.In the second call, nobody appears to represent the alleged contemneRs.This contempt proceeding is pending since 2011. This contempt application was taken up for hearing on repeated occasions. A sum of Rs.20 lakhs has already been paid to the writ petitioner towards her retiral dues. The remaining claim of the writ petitioner could not be settled as the school authority was not cooperating with the concerned District Inspect of Schools(Secondary Education).Lastly, on August 29, 2014, both the Headmistress of the concerned school and the concerned District Inspector of Schools (Secondary Educatio...


Sep 19 2014

Hindustan Unilever Limited Vs. Deputy Commissioner, Commercial Taxes,

Court: Kolkata

Decided on: Sep-19-2014

W.P.No.1384 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Hindustan Unilever Limited versus Deputy Commissioner, Commercial Taxes, Corporate Division & ORS.Appearance: Mr.J.P.Khaitan, Sr.Adv., Mr.Agnibesh Sengupta, Adv., Mr.S.Dutta, Adv., Mr.U.Pramanick, Adv..Advocates for the petitioner Mr.Pranab Kumar Dutta, Sr.Adv., Mr.Pridhu Dhdhoria, Adv..Advocates for the Respondents Heard On: - 11.09.2014 Judgement On: - 19.09.2014 I.P.MUKERJI, J. This case is very interesting. The writ petitioner is registered under the Central Sales Tax Act, 1956 as well as the West Bengal Sales Tax Act 1994. It makes sales under both the Acts. Under the Central Sales Tax Act it made sales of various items to the canteen stores department in Assam during four quarters ending 31st December, 2003. The sale value was Rs.10,18,30,914/-. Chargeable Central Sales Tax was @ 4%. The writ petitioner also regularly made sales under West Bengal Sales Tax Act. I would like to say thi...


Sep 19 2014

Planet M. Retail Limited Vs. Mani Square Limited

Court: Kolkata

Decided on: Sep-19-2014

APOT No.499 of 2014 GA No.2820 of 2014 AP No.377 of 2014 AP No.48 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PLANET M. RETAIL LIMITED Versus MANI SQUARE LIMITED BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 19th September, 2014. For Appellant : Mr.Joy Saha, Advocate with Mr.Susanta Dutta and Mr.Sanjib Dawn, Advocates For Respondent: Mr.Mr.Mr.Mr.Abhrajit Mitra, Sr.Advocate with Jishnu Chowdhury, Sarvopriyo Mukherjee and Anuj Singh, Advocates The Court : Heard learned Counsel for the appellant as well as the respondent. The entire issue revolves around the fact that in view of Section 42 of the Arbitration and Conciliation Act, 1996 whether the application for restoration, now pending before the Learned District Court, would come in the way or not for entertaining the present petition. Apparently, the Learned Judge after giving opportunity and sufficient time to the appellant herein opined that till the imp...


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial