Kolkata Court March 2017 Judgments
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Praveen Kumar Arora and Ors. Vs. The State of West Bengal and Ors.
Court: Kolkata
Decided on: Mar-14-2017
WP1234of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PRAVEEN KUMAR ARORA & ORS.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 14th March, 2017. Mr.Pratyush Patwari,Advocate appeaRs.Mr.S.N.Singh,Advocate appeaRs.Mr.Arindam Banerjee,Advocate appeaRs.Mr.Alok Kr. Ghosh,Advocate appeaRs.Mr.Mihir Kundu,Advocate appeaRs.The Court : -The petitioners claiming themselves to be the assignees of the lessee being subsequently recognised by the superior landlord have filed the instant writ petition challenging the inaction of the Corporation authorities in not inspecting the premises in question and taking action against the private respondents for unauthorised and illegal construction. Admittedly, the premises belonged to Rameswar Pandey (since deceased) who executed a deed of lease in respect of the premises No.67/1, Biddon Street, Kolkata 700006 in favour of Dinanath Khanna for a period of 99 years at monthly rental of...
Apeejay Pvt. Ltd. Vs. Steel Authority of India Ltd.
Court: Kolkata
Decided on: Mar-10-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN AP No.596 of 2014 APEEJAY PVT. LTD. VS. STEEL AUTHORITY OF INDIA LTD. For the Petitioner : Mr. Jaydip Kar, Sr. Adv., Mr. Sourav Kr. Mukherjee, Adv., Mr. Arup Basu, Adv. For the Respondent : Mr. Mr. Mr. Mr. Heard On :10. 11.2016, 05.01.2017, 19.01.2017, 08.02.2017, 22.02.2017, 01.03.2017, 08.03.2017. Judgment On :10. h March, 2017 Pradip Kr. Ghose, Sr. Adv., Abhijit Gangopadhyay, Adv., Supriya Dubey, Adv., Gopal Chatterjee, Adv. Soumen Sen, J.:- This is an application for setting aside of an award under Sections 30 and 33 of the Arbitration Act, 1940. The claim in the arbitration proceeding is on account of damages suffered by the respondent/claimant due to failure on the part of the petitioner herein to take delivery of 8990 MTs of finished iron slabs under a contract dated 8th April, 1960. The Hindustan Steel Ltd. (now known as the Steel Authority of India Ltd.) initi...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-10-2017
Form No.(J2) IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present: The Honble Justice Ranjit Kumar Bag C. S. No.246 of 2013 Dr. Prof. Pradip Kumar Mitra V. Lipi Basu & Anr. For the Plaintiff: Mr. Sudip Deb,Adv. Mr. Saunak Sengupta, Adv. Mr. Paritosh Sinha, Adv. Mr. Debayan Sen, Adv. For the Defendant No.1: Mr. Shuvasish Sengupta, Adv. Mr. Soumyajit Mishra, Adv. Mr. Balarko Sen, Adv. Hearing concluded on:20. 12.2016 Judgement delivered on:10. 03.2017 R. K. Bag, J.This suit for libel is instituted by Dr. Pradip Kumar Mitra holding the post of Director of Institute of Post-Graduate Medical Education and Research (in short IPGMER) in Kolkata against his sister-in-law for damages to the tune of Rs.1,10,00,000/-. The mother-in-law of the plaintiff, Smt. Abha Rani Ghosh aged about 75 years is widow and living with the plaintiff. The father-in-law of the plaintiff, Manindra Kumar Ghosh died on June 4, 2003. The defendant no.1 (hereinafter referred to as the ...
Abp Private Limited and Anr. Vs. The Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Mar-10-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P.503 OF2016ABP PRIVATE LIMITED & ANR. -VSTHE KOLKATA MUNICIPAL CORPORATION & ORS.Before: HONBLE Mr.JUSTICE HARISH TANDON Mr.Anindya Kumar Mitra, Sr.Adv., Mr.Subrata Kr. Basu, Mr.S.Dutta. . For the Petitioner. Mr.Alok Kr. Ghosh, MRS.Sima Chakraborty, Mr.Achinta Banerjee. . For the KMC. Heard On: 27.01.2017, 14.02.2017, 21.02.2017. C.A.V On: 02.03.2017. Judgment On: 10.03.2017. The Court: This is the second round of litigation against the annual valuation fixed by the Kolkata Municipal Corporation with effect from Third Quarter 2007-2008 in relation to the premise No.6, Prafulla Sarkar Street, Kolkata 700 001. Prior to the instant Writ Petition, another Writ Petition being W.P.462 of 2009 was filed before this Court challenging the consolidated rate bill on various grounds including that the assessment order passed by the hearing officer deciding the objection was never served on the petitioner, which is one...
Sulakshana Trade Holdings Ltd and Anr Vs. Income Tax officer,ward5(1), ...
Court: Kolkata
Decided on: Mar-09-2017
ORDER SHEET WP729of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SULAKSHANA TRADE HOLDINGS LTD & ANR Versus INCOME TAX OFFICER,WARD5(1),KOLKATA & ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 9th March, 2017. Appearance: Mr.Abhratosh Majumdar, Sr.Adv.Mr.Pratyush Jhunjhunwala, Adv.Mr.A.K. Dey, Adv.For the petitioners Mr.P.K. Bhawmick, Adv.For the respondents. The Court : The income tax return filed by the petitioner under section 143(1) of the Income Tax Act, 1961 for the assessment year 2006-2007 was duly processed by determining a net amount of Rs.31,132/- required to be paid by the petitioner. Subsequently, the case was selected for scrutiny and a notice sub-section 2 of section 143 was issued upon the petitioner. The petitioner was directed to attend the office of the assessing officer with all relevant documents, accounts and other evidence which he intended to rely in support of his disclosure of the facts in the return submitted to the ...
Sigma Power Products Pvt. Ltd. Vs. The Commissioner of Customs (Port), ...
Court: Kolkata
Decided on: Mar-08-2017
Judgement G.A no.298 of 2016 A.P.O.T no.31 of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction In Appeal from its Constitutional Writ Jurisdiction ORIGINAL SIDE Sigma Power Products PVT.LTD.Versus The Commissioner of Customs (Port).& ORS.BEFORE: The Honble JUSTICE ANIRUDDHA BOSE The Hon'ble JUSTICE ARINDAM SINHA Mr.S.K.Mehta, Adv.for the Appellant Mr.Amitabrato Roy, Adv.for the Revenue Heard on :20.01.2017, 14.02.2017 & 28.02.2017. Judgment on :8th March, 2017. Arindam Sinha, J.: The application and appeal were taken up for hearing together, the formalities being dispensed with. The appellant imported four consignments of solar re-chargeable emergency lights which according to it are to be classified under Customs Tariff Heading 94055040 attracting the benefit of notification Nos.12 and 21 of 2012, both dated 17th March, 2012. were filed for fiRs.check. The bills of entry On fiRs.check the proper officer of Customs classified the goods under Customs Tariff Heading 851310...
M/S. Uma Forging Works (Pvt) Ltd. and Anr. Vs. The West Bengal State E ...
Court: Kolkata
Decided on: Mar-07-2017
ORDER SHEET APO292OF2013W.P.NO.400 OF2004IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.UMA FORGING WORKS (PVT.LTD.& ANR. Versus THE WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO.LTD.BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA The Hon'ble JUSTICE Md.MUMTAZ KHAN Date : 7th March, 2017. For Appellants : Mr.Purnasish Gupta,Advocate Mr.Jayanta Kumar Mukherjee,Advocate Mr.M.Datta,Advocate For Respondent : Mr.Sumit Kr. Panja,Advocate Mr.S.S.Koley,Advocate The Court : This appeal is directed against a judgement dated May 7, 2012 passed in the writ application. By virtue of the impugned judgement, the writ application was dismissed. It is submitted by Mr.Purnasish Gupta, learned advocate appearing on behalf of the appellants that the writ application was filed for execution of the observations made in the judgement dated May 20,2003 passed in the earlier writ application bearing W.P.No.2111 of 2001. According to Mr.Gupta, the subject matter of challenge in the ...
Greatwall Vanijya Ltd. Vs. Bengal Waterproof Ltd. and Ors.
Court: Kolkata
Decided on: Mar-07-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION G.A. 1054 of 2011 G.A. 1840 of 2011 IN C.S. 76 of 2011 Greatwall Vanijya Ltd. -VsBengal Waterproof Ltd. & Ors. G.A. 2017 of 2011 G.A. 2697 of 2011 G.A. 3078 of 2011 G.A. 3230 of 2011 G.A. 71 of 2012 G.A. 558 of 2012 IN C.S. 156 of 2011 Bengal Waterproof Ltd. & Ors. -VsBihar Rubber Co. Ltd. & Ors. Before: Honble Justice Harish Tandon Date:07. 03.2017 Appearance: Mr. Jayanta Kumar Mitra, Mr. S.P. Sarkar, Mr. Pramit K. Ray,Mr. S.K. Kanodia, Mr. Arik Banerjee . For Greatwall Vanijya Ltd. Mr. Ranjan Deb, Mr. Ratnanko Banerjee, Mrs. Lapita Banerjee, Mr. R.N. Vyas For Bihar Rubber Co. Ltd. & Mr. Sudip Kusarye. Mr. Rajib Mallick For Respondent Nos. 4 to 9 in C.S. 156/2011 and G.A. 2017/2011. Mr. Jishnu Saha, Mr. Rudraman Bhattacharya, Mr. Devajyoti Bhattachrya, Mr. Surajit Sen, Mr. Sourish Banerjee, Mrs. N. Dutta Chowdhury, Mr. Souvik Majumdar For Defendant Nos. 1, 3 & 5 In C.S. No.76 of 2011& for the Plaintiff in C.S. No.15...
M/S. Pragati Financial Management Pvt. Ltd. Vs. The Commissioner of In ...
Court: Kolkata
Decided on: Mar-07-2017
JUDGMENT IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE ANIRUDDHA BOSE THE HONBLE JUSTICE ARINDAM SINHA ITAT178of 2016 GA997of 2016 GA998of 2016 M/s. Pragati Financial Management Pvt. Ltd. Vs. The Commissioner of Income Tax Officer II GA93of 2017 GA94of 2017 ITAT14of 2017 Valley Towers Pvt. Ltd. Vs. The Commissioner of Income Tax Kolkata III, Kolkata GA3907of 2015 With ITAT187of 2015 Axis Shoppers Pvt. Ltd. Vs. The Commissioner of Income Tax Officer III GA3909of 2015 With ITAT188of 2015 Capetown Merchandise Pvt. Ltd. Vs. The Commissioner of Income Tax Officer II GA276of 2016 With ITAT73of 2016 Sangini Vyapaar Pvt. Ltd. Vs. Commissioner of Income Tax 3, Kolkata GA540of 2016 With ITAT115of 2016 Orbit Traders Pvt. Ltd. Vs. The Commissioner of Income Tax Officer-2, Kolkata GA601of 2016 With ITAT120of 2016 Trinetra Vincom Pvt. Ltd. & Anr. Vs. Income Tax Officer, Ward-9(1) Kolkata & Anr. GA607of 2016 With ITAT123of 2016 Daniel Com...
Gayatri Chowdhury Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Mar-07-2017
WP87of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GAYATRI CHOWDHURY Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th March, 2017. Mr.Dibyendu Chatterjee,Advocate appeaRs.Mr.Siddhartha Roy,Advocate appeaRs.Mr.Barin Banerjee,Advocate appeaRs.Mr.Alok Ghosh,Advocate appeaRs.The Court : - The instant writ petition has been filed assailing the order of the Municipal Building Tribunal dated 3rd February, 2017 by which the appeal filed by the petitioner stands dismissed. The facts reveal from the writ petition are that a proceeding under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 was initiated against the petitioner on alleged execution of work unauthorisedly and illegally. Such proceeding was conducted by the Special Officer (Building) as delegatee to the Municipal Commissioner and culminated into an order of demolition. The petitioner challenged the said order before the Municipal Buildin...
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