Kolkata Court April 2017 Judgments
Lakhu Dubey Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Apr-28-2017
In the High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP85of 2014 Lakhu Dubey -Vs.The Kolkata Municipal Corporation & ORS.Before : The Honble Justice Arijit Banerjee For the Petitioner : Mr.Raghunath Chakraborty, Adv.For the KMC Heard On 17.11.2016 23.03.2017 : Mr.Barin Banerjee, Adv.Mr.Gopal Ch. Das, Adv.Mr.Debangshu Mondal, Adv.: 31.08.2016, 26.09.2016, 28.09.2016, 12.12.2016, 21.02.2017, 02.03.2017, 29.03.2017, 06.04.2017, 12.04.2017, 18.04.2017 Judgment On : 28.04.2017 Arijit Banerjee, J.:(1) In this writ application the petitioner prays for a direction on the KMC authorities to demolish all unauthorised constructions at Premises No.15 Kali Temple Road, Kolkata 700026 in accordance with the direction of the Special Officer (B) dated 6 September, 1983 passed in Demolition Case No.85-D/1972-73. (2) Learned Counsel for the petitioner contends that the petitioner purchased premises No.15 Kali Temple Road, Kolkata 700026 (in short the said premises) from one Sampa...
Tag this Judgment!Manimala Dasgupta Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Apr-28-2017
WP250of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANIMALA DASGUPTA Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th April, 2017. Mr.Moloy Kumar Basu,Sr.Advocate Mr.Durga Prasad Dutta,Advocate Mr.Souvik Sen,Advocate Ms.Aditi Dutta,Advocate appeaRs.appeaRs.appeaRs.appeaRs.Mr.Alak Kr. Ghosh,Advocate appeaRs.Mr.Biswajit Mukherjee,Advocate appeaRs.Mr.Dilip Chatterjee,Advocate appeaRs.The Court :- The challenge is made to an order of assessment passed by the Hearing Officer revising the annual valuation of the building on the basis of the rental value pertaining to a mobile tower affixed on the roof thereof. The challenge appears to have been founded more on a legal aspect than on the factual matrix. This Court, therefore, permitted the learned Advocates appearing for the respective parties to address this Court on the legal points involved in the writ petition without waiting for the affidavits to b...
Tag this Judgment!J and J Buildcon Pvt. Ltd. Vs. Controller of Patents and Designs and O ...
Court: Kolkata
Decided on: Apr-27-2017
ORDER SHEET AID No.13 of 2016 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE J & J BUILDCON PVT. LTD. Versus CONTROLLER OF PATENTS AND DESIGNS & ORS. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :27. h April, 2017. Appearance: Mr. Ranjan Bachawat Sr. Adv. Mr. Rudraman Bhattacharya, Adv. Mr. Sarosij Dasgupta, Adv. Mr. Javed K. Sanwarwala, Adv. Miss. Farah Anjum, Adv. Mr. Rabi Prosad Mukherjee, Adv. The Court: In spite of repeated attempts, the principal namely Mr. Declan Kelly could not be served. However, his constituted attorney has been served with the notices several times. The constituted attorney of Mr. Declan Kelly is not represented. Mr. Ranjan Bachawat, the learned senior Counsel appearing on behalf of the appellant, contends that in view of the order passed by the Delhi High Court in C.S.(O.S.) No.2025 of 2007, Declan Kelly could not have filed the application for cancellation of the registered design of the appellant. The learned Counsel has urged that by rea...
Tag this Judgment!Monojit Das Vs. Sujit Roy Chowdhury and Anr.
Court: Kolkata
Decided on: Apr-27-2017
IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction Original Side A.P.No.140 of 2017 Monojit Das versus Sujit Roy Chowdhury & Anr. For the petitioners:- Mr.Mukul Lahiri Mr.Prasenjit Burman MRS.Puja Beriwal Mr.Susovan Dey Advocates For the Respondents:- Mr.Sharanya Chatterjee Mr.Aniruddha Bhattacharjee Advocates Judgement On: - 27th April, 2017 I.P.MUKERJI, J. A deed of partnership was executed on 13th March, 2014. It was between the petitioner and the respondent Nos.1 and 2. It was deemed to have commenced from 10th March, 2014. These parties would carry on business through a partnership firm M/S.Shikha Enclave having its office at Uttar Bakshara, P.S.-Jagacha, District-Howrah. In Clause-2 of this deed, the partnership was described as one at will, although in Clause-29, which is contradictory, it was stated that it could be dissolved by a deed of dissolution. The death or retirement of any partner would not have the effect of dissolving the firm. The partnership would be continu...
Tag this Judgment!S. K. Sarawagi and Co. Pvt. Ltd. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Apr-27-2017
APO No.249 of 2015 GA No.1922 of 2015 With WP No.186 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE S.K.SARAWAGI & Co.PVT.LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 27th April, 2017. For Appellant : Mr.Ramanand Agarwalla, Ms.Nibedita Pal, Mr.R.Dhara and Mr.A.G.Mukherjee, Advocates For Respondents:Mr.Rajendra Chaturvedi, Adv.The Court : Heard learned Counsel for the appellant and the learned Counsel for the respondents. This appeal has been preferred challenging the validity and correctness of the impugned judgment and order dated May 12, 2015, passed in W.P.No.186 of 2011 (S.K.Sarawagi and Company Private LTD.& Anr. versus Union of India & Ors.).The appellant is a company incorporated under the Companies Act, 1956 having its registered office at 1, Sarojini Naidu Sarani, 5th floor, Kolkata-700 017. The appellant carries on business, inter alia, as exporter of different types of ...
Tag this Judgment!Bhuban Mejhain Vs. Coal India Limited and Ors.
Court: Kolkata
Decided on: Apr-27-2017
WP No.554 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BHUBAN MEJHAIN Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 27th April, 2017 APPEARANCE Ms.U.S. Agarwal, Adv..for the writ petitioner Mr.Alok Kumar Banerjee, Adv.with Ms.Sanchita Barman Roy, Adv..for the respondents The Court : An erudite submission of Mr.Banerjee has invited this Court to consider the point which at the fiRs.blush appears to be settled in catina of decisions rendered by this Court as well as the Supreme Court. The point, which assumes significance and importance in the instant matter, pertains to the discretion to be exercised by the High Court under Article 226 of the Constitution of India in absence of any explanation for delay in filing the writ petition and also whether the scheme providing the compassionate appointment in case of an employee died in harness can restrict such appointment to the male dependant by excluding female dependa...
Tag this Judgment!Manish Agarwal and Ors. Vs. Steel Authority of India Ltd.
Court: Kolkata
Decided on: Apr-26-2017
ORDER GA No.330 of 2016 CS No.322 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MANISH AGARWAL & ORS.Versus STEEL AUTHORITY OF INDIA LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 26th April, 2017. Appearance: Mr.Supriyo Bose, Sr.Advocate Ms.N.Datta Chowdhury, Advocate ...for the applicant/defendant. Mr.Dhruba Ghosh, Sr.Advocate Mr.Debasish De, Advocate Mr.Supratim Laha, Advocate Ms.Debanjana De, Advocate ...for the respondents/plaintiffs. This is an application for setting aside of a report filed by the Special Referee on the ground that the Special Referee has completely misdirected its mind in determining the mesne profit at Rs.90/- per sq.ft. per month inclusive of municipal rates and taxes. The Reference arose pursuant to an order dated 3rd July 2013 where both the parties, being aggrieved by the report filed by the earlier Special Referee on 18th May 2012, filed applications for setting aside of the said report and the Learned Judge being satisfied...
Tag this Judgment!Carbon Management Consulting Private Limited Vs. Yash Paper Limited
Court: Kolkata
Decided on: Apr-25-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad CS19of 2011 CARBON MANAGEMENT CONSULTING PRIVATE LIMITED Versus YASH PAPER LIMITED For the Plaintiff : Mr.Sakya Sen, Adv.Ms.Labyanashree Sinha, Adv.For the defendant : Mr.Ratnanko Banerjee, Sr.Adv.Ms.Nikita Jhunjhunwala, Adv.Heard on : 05.04.2017 C.A.V.on : 05.04.2017 Judgment on : 25.04.2017 This is to consider an application filed on behalf of the defendant company for revocation of leave granted under Clause 12 of the Letters Patent, 1865 and to return the plaint filed in CS No.19 of 2011 to the plaintiff to be filed before the appropriate court. The plaintiff instituted the suit before this court obtaining leave under Clause 12 of the Letters Patent of 1865 alleging that a part of cause of action has arisen within the jurisdiction of this Honble Court and thereby sought to invoke the jurisdiction of this court, inter alia, on the ground that the proposal of ...
Tag this Judgment!Rajat Agarwal and Ors. Vs. Spartan Online Private Limited and Ors.
Court: Kolkata
Decided on: Apr-25-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.1208 of 2017 C.S. No.35 of 2017 RAJAT AGARWAL & ORS. VS. SPARTAN ONLINE PRIVATE LIMITED & ORS. For the Petitioners : Mr. Pratap Chatterjee, Sr. Adv., Mr. Ranjan Bachawat, Sr. Adv., Mr. P. Sinha, Adv., Mr. Debnath Ghosh, Adv., Mr. S. Sengupta, Adv., Mrs. Arunima Lala Sengupta, Adv., Mr. Ayan Dey, Adv. For the Respondent Nos.1, 2 and 3 : Mr. S.K. Kapur, Sr. Adv., Mr. M. K. Singh, Adv., Mr. Suman Kr. Mukherjee, Adv. For the Respondent No.7 : Mr. Tilak Bose, Sr. Adv., Mr. Anindya Basu, Adv., Mr. Supriya Ranjan Saha, Adv. Heard On :27. 02.2017, 07.03.2017, 20.03.2017, 07.04.2017. Judgment On :25. h April, 2017 Soumen Sen, J.: - This is an application filed by the defendant No.7 for revocation of leave under Clause 12 of the Letters Patent. The grounds for revocation are three-fold, namely:- (a) No part of the cause of action has arisen within the jurisdiction of this...
Tag this Judgment!Rajib Saha Vs. Monjur Alam Mallick
Court: Kolkata
Decided on: Apr-25-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad EOS8of 2015 with CS130of 2008 Rajib Saha Versus Monjur Alam Mallick For the Plaintiff : Mr. Chanchal Kumar Dutt, Adv. Mr. Sakya Sen, Adv. Mr. Rajarsi Dutt, Adv. Ms. Krishna Mallick, Adv. Mr. Sunil Gupta, Adv. For the defendant : Mr. Swarnendu Ghosh, Adv. Mr. Debasish Chakraborty, Adv. Mr. Surya Maity, Adv. Ms. Amrita Maji, Adv. Mr. Anirban Chakraborty, Adv. Heard on :28. 03.2017 C.A.V. on :28. 03.2017 Judgment on :25. 04.2017 C.S. 130 of 2008 and EOS8of 2015 have been tried together as the issues and the parties involved in both the suits are common. So, these two suits can be decided by a common judgment. In CS130of 2008 the plaintiff has prayed for a decree for Rs. 39,44,000.00, interim interest and interest on judgment @ 15% per annum and other reliefs. The plaintiffs case, in brief, is that the plaintiff by virtue of their cordial relationship and relying up...
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