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Kolkata Court January 2017 Judgments

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Jan 24 2017

Exhibitors Syndicate Ltd. Vs. Shree and Uttara Merchants' Association ...

Court: Kolkata

Decided on: Jan-24-2017

ORDER SHEET APD No.209 of 2015 With C.S.No.661 of 1989 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EXHIBITORS SYNDICATE LTD.Versus SHREE AND UTTARA MERCHANTS' ASSOCIATION & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 24th January, 2017. Mr.Sarvopriya Mukherjee, Advocate led by Mr.Probal Mukherjee, Sr.Adv., Mr.Chayan Gupta, Mr.Subrata Goswami, Mr.S.Bhattacharyya, Advocates for the appellant. Mr.Sakya Sen, Mr.Meghnad Dutta, Mr.Lutful Haque, Advocates for respondent no.1. Mr.Somnath Bose, Adv.for CESC LTD.The Court : Supplementary affidavit filed in Court today be kept on record. This appeal has been preferred against a judgment and order dated 12th September, 2014 passed by the FiRs.Court in C.S.661 of 1989 (Exhibitors Syndicate LTD.versus Shree & Uttara Merchants Association).The appellant before us was the plaintiff who instituted the suit in the year 1989 for realization of electric charges from the occupan...


Jan 20 2017

Smt. Puravbi Mukherjee (Ghosh) Vs. The Kolkata Improvement Trust and O ...

Court: Kolkata

Decided on: Jan-20-2017

WP No.24 of 2012 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Smt. Puravbi Mukherjee (Ghosh) Versus The Kolkata Improvement Trust & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 20th January 2017 Appearance: Mr.R.N. Majumder, Advocate Mr.R.Rakshit, Advocate Mr.S.Bhattacharya, Advocate for the petitioner Mr.Partha Sarathi Bose, Advocate Mr.Satyajit Talukdar, Advocate for the respondents The Court: Further to an advertisement published in 1996, the writ petitioner was engaged as the Resident Superintendent of the Working Womens Hostel of the Kolkata Improvement Trust on Christopher Road, Kolkata. The appointment was made on 11th October 1996 by the Secretary, CIT Working Womens Hostel, at a consolidated pay of Rs.1,000/- per month purely on ad hoc basis for one year. She could reside at the hostel, free of rent and electricity charges. Although one year has long elapsed she is still working in the same capacity in the hostel. In a note of the Estate Man...


Jan 18 2017

Amiya Kumar Shau Vs. The Kolkata Municipal Corporation and Ors.

Court: Kolkata

Decided on: Jan-18-2017

ORDER SHEET GA No.3772 of 2016 APOT No.460 of 2016 WP No.967 of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AMIYA KUMAR SHAU Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 18th January, 2017. Mr.Ranjan Deb, Sr.Adv.Mr.Subrata Kr. Basu, Adv.Mr.S.Chakraborty, Adv.for the appellant Mr.Gurudas Mitra, Mr.Sourav Chaudhuri, Adversus for respondent Nos.1 to 4 Mr.R.Chatterjee, Mr.A.Dey, Adversus for respondent Nos.6 to 10 The Court : It appears that an affidavit of service has already been filed in Court earlier. By consent of the parties, the appeal is treated as on the days list and taken up for consideration along with the application for stay. This appeal arises out of an order dated 10th November, 2016 passed by the learned Single Judge in W.P.No.967 of 2016 (Moni Mohan Dutta & ORS.versus The Kolkata Municipal Corporation & Ors.).The appellant herein was a private resp...


Jan 18 2017

Paritosh Kumar Mukhopadhyay Vs. State of West Bengal and Ors.

Court: Kolkata

Decided on: Jan-18-2017

GA No.127 of 2017 WP No.5 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PARITOSH KUMAR MUKHOPADHYAY Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th January, 2017. Appearance Mr.Gautam Chakraborty, Adv.Mr.Anirban Roy, Mr.Anil Dhar, Mr.Soumabho Ghose, Mr.Sounak Bhattacharya, Mr.Debabrata Das, Mr.B.Ghosh, Adv.Adv.Adv.Adv.Adv.Adv.Mr.Rudraman Bhattacharya, Adv.Ms.Nupur Jalan, Adv.Ms.A.Ghosh Mondal, Adv.Mr.Barin Banerjee, Adv.Mr.Debangsu Mondal, Adv.Mr.Debjit Mukherjee, Adv.The Court : The case has a chequered history. The parties have been litigating over their respective rights before the different Courts and ultimately approached the Supreme Court as well. The organisation, dispute namely, pertains Institute to for the leadership Indian Labour. of The the writ petitioner claims to be a duly elected President who is competent to represent the said institute, on the other hand, the respondent No.13 claims to be d...


Jan 17 2017

Gopal Chandra Mukherjee Vs. Food Corporation of India

Court: Kolkata

Decided on: Jan-17-2017

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.291 of 2016 In AP No.167 of 2005 GOPAL CHANDRA MUKHERJEE -VERSUSFOOD CORPORATION OF INDIA For the Appellant: Mr Tilak Bose, Sr Adv., Mr Shaunak Mitra, Adv., Mr Biswanath Datta, Adv. Ms Shreya Singh, Adv., Ms Namrata De, Adv. For the FCI: Mr S. P. Majumdar, Sr Adv., Mr Aniruddha Bagchi, Adv. Hearing concluded on: January 12, 2017. Date: January 17, 2017. SANJIB BANERJEE, J.: The story may be narrated first and the legal context later. The sheer quality of the story demands this extraordinary treatment of the facts de hors the legal premise against which it has to be seen.2. The appellant entered into an agreement with the Food Corporation of India in June, 1975 for, in effect, letting out his godown having nearly 73,000 sq. ft space for storage of foodgrain up to 12,000 MT at a time. The agreement was in the nature of an agency under which...


Jan 17 2017

Atul Narsibhai Patel Vs. The Assistant Controller of Patents and Desin ...

Court: Kolkata

Decided on: Jan-17-2017

IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN AID No.3 of 2013 ATUL NARSIBHAI PATEL VS. THE ASSISTANT CONTROLLER OF PATENTS & DESINGS & ORS. For the Petitioner : Mr. Gautam Roy, Adv., Smt. S. Ghosh, Adv. For the Respondent No.1 : Mr. R.P. Mookherjee, Adv. Heard On :11. 11.16, 16.12.2016, 06.01.2017 Judgment On :17. h January, 2017 Soumen Sen, J.:- Apparent conflicting decisions of the respondent No.1 concerning the designs of the petitioner in respect of a seal has given rise to this appeal. Two separate applications for cancellation of the same design, namely, Design No.200628 under Class 09-07 registered on 2nd August, 2005 for the article Seal for packaging in the name of Patel Brothers were heard by the same controller on two different dates, namely, 29th May, 2012 and 24th September, 2012, respectively. The application filed by Ganesh Plastic Industries for cancellation of the said registered design was heard on 29th May, 20...


Jan 17 2017

State of West Bengal and Ors. Vs. Anjan Chakraborty and Ors.

Court: Kolkata

Decided on: Jan-17-2017

ORDER SHEET GA No.3700 of 2016 APOT No.435 of 2016 W.P.No.1496 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE STATE OF WEST BENGAL & ORS.Versus ANJAN CHAKRABORTY & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE SANKAR ACHARYYA Date : 17th January, 2017. Mr.Pranab Kumar Dutta, Sr.Adv.Mr.Naba Kumar Das, Adv.for the appellants Mr.Sourav Sen, Mr.Tanoy Chakraborty, Adversus for the respondent/ writ petitioner The Court : Subject to payment of costs assessed at 500 GMs., to be deposited by the appellants with the State Legal Services Authority, West Bengal, to be earmarked for utilisation by the Mediation and Conciliation Committee, High Court, delay in filing of the appeal is condoned since sufficient cause has been shown in the averments made in paragraphs 29 to 33 of the instant application for stay for not filing the appeal within time. However, in the event costs are not paid within ten days from date, the order proposed to be pa...


Jan 17 2017

Suman Industries Pvt. Ltd. and Anr. Vs. Kolkata Municipal Corporation ...

Court: Kolkata

Decided on: Jan-17-2017

ORDER SHEET W.P.No.1145 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUMAN INDUSTRIES PVT.LTD.& ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 17th January, 2017. For PetitioneRs.Mr.Pratap Chatterjee & Mr.Abhrajit Mitra, Sr.Adversus with Mr.Chayan Gupta, Adv.For Kolkata Municipal Corporation : Mr.Alok Ghosh with Mr.Gopal Ch. Das & Mr.Piyali Sengupta, Adversus For Respondent Nos.4-6 : Mr.Jayanta Kr. Mitra, Advocate General & Mr.Amitesh Banerjee, Adv.The challenge is made to the Letters Of Demand issued by Kolkata Municipal Corporation demanding the Land Utility Charges [LUC].from the petitioners for the kiosks set up at the important junctions of the roads for safety and security of the people of the city. A tripartite agreement was entered into by and between the Kolkata Police, the Kolkata Municipal Corporation and the petitioners for setting up the kiosks/police booths as per design appended to ...


Jan 16 2017

Amber Tie Up Limited Vs. Income Tax officer, Ward 8(1) and Ors.

Court: Kolkata

Decided on: Jan-16-2017

ORDER SHEET WP No.938 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AMBER TIE- UP LIMITED Versus INCOME TAX OFFICER, WARD81) & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 16th January, 2017. MRS.Manju Agarwal, Mr.Bajrang Manot, Adversus for the petitioner Md.Nizamuddhin, Adv.for the respondent The Court : The petitioner assails invocation of Section 148 of the Income Tax Act, 1961 read with Section 147 thereof against the petitioner in respect of an identified assessment year. Learned advocate for the petitioner submits that, the assessing officer did not have any material before it to form a reasonable opinion for invocation of Section 148. She refers to the reasons given for invocation of Section 148. She submits that, the reasons are vague. The allegation is of receipt of Rs.2.20 crores approximately in the relevant assessment year. She submits that, the details of the persons making the funds available are not specified. She submits ...


Jan 16 2017

Vs. Land Acquisition Collector and Others… Respond

Court: Kolkata

Decided on: Jan-16-2017

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Original side **** Present: The Honble Justice Chinnasamy Swaminathan Karnan G.A.No.2443 of 2016 WP No.1042 of 2000 WP No.1045 of 2000 W.P. No.3003 of 2000 Punalur Paper Mills Limited and another Petitioners Versus Land Acquisition Collector and others For the petitioner Respondents : Mr. Shaktinath Mukherjee, Sr. Advocate Mr. ShyamalSarkar, Sr. Advocate Mr. Deepak Kr. Jain, Advocate For the respondent nos.1 to 4 : Mr. SadanandaGanguly, Ld. Additional Govt. Pleader, Mr. S. N. Biswasfor State. For the respondent no.5 : Mr. Ashok Kr. Banerjee, Sr. Advocate, Mr. Sanjay Saha, Advocate. The Honble JUSTICE C.S. KARNAN Date :16. h January, 2017 This writ petitions have been filed under Article 226 of the Constitution of India assailing the requisition and impugned notification dated 10th August,1999 and published in the Calcutta dated 4th August, 2000 Gazette on 5th August, 2000 and the declaration under Section 6 dated 10th Aug...


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