Kolkata Court May 2017 Judgments
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M/S. Webel Electro Optics Ltd. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: May-11-2017
APO No.249 of 2016 GA No.2474 of 2016 With WP No.1999 of 2006 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.WEBEL ELECTRO OPTICS LTD.Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 11th May, 2017. For Appellant: Mr.Victor Chatterjee, Advocate Mr.Ranajit Talukdar, Advocate For Respondent Workmen : Mr.Aurobindo Chatterjee, Sr.Advocate, Mr.B.C.Paul and Mr.A.Sengupta, Advocates For State : Ms.Chaitali Bhattacharya, Advocate Mr.Anand Farmania, Advocate The Court : This appeal has been preferred by the appellant M/S.Webel Eelectro Optics Ltd., hereinafter referred to as WEOL, a company incorporated under the provisions of the Companies Act, 1956. The appellant is aggrieved by the judgment and order dated 7th April, 2016, passed by the Writ Court in W.P.No.1999 of 2006 (M/S.Webel Eelectro Optics LTD.versus State of West Bengal & Anr.) on the grounds mentioned therein. Before adverting to the...
Siddha Projects Private Limited Vs. Employees State Insurance (Esi) Co ...
Court: Kolkata
Decided on: May-08-2017
1 ORDER SHEET G.A.No.414 of 2017 With C.S.No.353 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SIDDHA PROJECTS PRIVATE LIMITED Versus EMPLOYEES STATE INSURANCE (ESI) CORPORATION & ORS BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 8th May, 2017. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Ms.Suparna Mukherjee, Adv.Mr.Debnath Ghosh, Adv.Mr.Sarosij Dashgupta, Adv.Md.Sakhil Ahmed, Adv.Mr.S.Chatterjee, Adv.Mr.Debayan Sen, Adv.For the plaintiff Mr.T.K. Chatterjee, Adv.Mr.Joyjit Roy Choudhury, Adv.For the defendant Nos.1 and 2 The Court : The present application has been filed by the plaintiff seeking a judgment and decree from this Court on admission to the effect that (a) the petitioner is entitled to hold, occupy, possess, enjoy and exploit the suit property morefully delineated in schedule X wholly to the exclusion of all others including the respondents. (b) The respondent No.1 has only easementary rights over the suit prope...
Kolkata Vs. M/S. Rungta Properties Pvt. Ltd.
Court: Kolkata
Decided on: May-08-2017
Form No.J(2) IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITAT No.105 of 2016 G.A.No 434 of 2016 PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA VERSUS M/S.RUNGTA PROPERTIES PVT.LTD.BEFORE: The Honble JUSTICE ANIRUDDHA BOSE -AndThe Honble JUSTICE ARINDAM SINHA Date : 8th May, 2017. For Appellant : Mr.Debasish Chaudhury, Adv.Advocate For Respondent : Mr.J.P.Khaitan, Senior Mr.P.Jhunjhunwala & Ms.S.Das, The Court : This appeal by the Revenue is against an order of the Income Tax Appellate C Bench passed on 29th April, 2015 dismissing the Revenues appeal in relation to assessment of the assessee for three assessment yeaRs.being 2003-04, 2004-05 and 2006-07. Assailing the Tribunals decision, argument has been made on behalf of the Revenue before us mainly on three counts. The assessee had undertaken development of its immovable property on the basis of an agreement executed on 28th January 1994 and question has arisen in couRs.of assessment as to whether su...
Abdul Salam Vs. The State of West Bengal and Others
Court: Kolkata
Decided on: May-05-2017
OD-3 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP186of 2017 ABDUL SALAM Versus THE STATE OF WEST BENGAL & OTHERS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 5th May, 2017. Appearance: Mr.R.K. Ghosal, Adv.Mr.A.K. Das, Adv.Mr.R.Adhikary, Adv.Mr.M.Das, Adv. for the plaintiff Mr.P.Chakraborty, Adv. for the defendant Nos.6 to 10 and 12. Mr.M.Malhotra, Adv. for the State Mr.A.Banerjee, Adv.Mr.S.Chowdhury, Adv.Ms.A.Kundu, Adv.The Court: It is really an unfortunate state of affairs that a perpetrator of wrong has constructed two additional storeys at the premises and suffers an order of demolition and after the demolition is carried out, the demolished portion was restored to its original position with an intention to create a third party interest therein and invite a cumbersome situation. The petitioner who is an occupant in the ground floor have filed the instant writ petition seeking implementation of the order of demolition which was parti...
Jaldhi Overseas Pte Ltd. Vs. Bhushan Power and Steel Limited
Court: Kolkata
Decided on: May-04-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN E.C.No.433 of 2016 E.C.No.434 of 2016 E.C.No.436 of 2016 JALDHI OVERSEAS PTE LTD.versus BHUSHAN POWER & STEEL LIMITED For the Petitioners/Award Holder : Mr.Mr.Mr.Mr.Mr.Jayanta Kumar Mitra, Sr.Adv., Ratnanko Banerjee, Sr.Adv., Dhruba Ghosh , Sr.Adv.Reetobroto Mitra, Adv.Pradip Kr. Sarawgi, Adv.For the Respondent/Award Debtor : Mr.Pratap Chatterjee, Sr.Adv., Mr.S.N.Mookherjee Sr.Adv.Mr.Abhrajit Mitra Sr.Adv.Mr.Sarvapriya Mukherjee, Adv.Mr.Jishnu Chowdhury, Adv.Ms.Rajashree Kajaria, Adv.Mr.Soumabho Ghosh, Adv.Heard On : 07.03.2017, 14.03.2017, 23.03.2017, 06.04.2017, 11.04.2017, 18.04.2017, 20.04.2017. Judgment On : 4th May, 2017 Soumen Sen, J.:- This is an application for enforcement of a foreign award. The award debtor has raised a preliminary objection with regard to the maintainability of this Execution Application on the ground that the deponent to the affidavit supp...
Bablu Hazra Vs. Reliance General Insurance Co. Ltd. and Anr.
Court: Kolkata
Decided on: May-04-2017
ORDER SHEET GA150of 2017 With CS100of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BABLU HAZRA Versus RELIANCE GENERAL INSURANCE Co.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 4th May, 2017. Appearance: Mr.S.E. Huda, Adv.Ms.S.Khanam, Adv.For the plaintiff Mr.Abhirup Sarkar, Adv.Mr.Anirban Bose, Adv.For the defendant No.1 The Court : Record reveals that defendant/bank has already entered appearance some time in 2015. However written statement could not be filed owing to service of incomplete copy of plaint. It is stated that despite request was made by the defendant, plaintiff did not supply complete copy of the plaint. However, learned counsel for the defendant submits that written statement has already been affirmed and he seeks leave to file the same. Such leave is granted. GA No.150 of 2017 has been filed by the plaintiff praying for an interlocutory order of injunction restraining the defendant/bank from charging interest...
Dau Lal Derasaria Vs. Anand Kishore Sharma
Court: Kolkata
Decided on: May-04-2017
OD-15 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS150of 2011 GA5of 2017 DAU LAL DERASARIA Versus ANAND KISHORE SHARMA BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date: 4th May, 2017. Appearance: Mr.G.S.Pal, Adv.Mr.L.L.Mandal, Adv. for the plaintiff Mr.P.K. Drolia, Adv. for the defendant The Court: GA5of 2017 has been filed by the defendant praying for appointment of handwriting expert to verify, examine and compare the signature of the defendant on the purported promissory note dated August 28, 2008 with those of the admitted signature of the defendant and to submit a report before this Honble Court. He has also prayed that a forensic laboratory may be appointed to verify the time of execution of the purported promissory note dated August 28, 2008 and to verify the age of the papers used therein regarding the genuineness thereof and to file a report before this Honble Court within a time frame. The plaintiff has filed affidavit-in-op...
Partha Sarathy Bhattacharjee Vs. Mrs. Ranjana Ghoshal and Another
Court: Kolkata
Decided on: May-04-2017
OD-12 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE TS11of 2013 GA1393of 2017 IN THE GOODS OF: JYOTI PRAKASH BHATTACHARJEE (DECD.) -ANDPARTHA SARATHY BHATTACHARJEE -VSMRS.RANJANA GHOSHAL AND ANOTHER BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date: 4th May, 2017. Appearance: Mr.D.Ghosh, Sr.Adv.Mr.S.Ghosh, Adv.Mr.I.Karfa, Adv. for the plaintiff Ms.A.Sengupta, Adv.Mr.P.Patwari, Adv.Md.B.Mollah, Adv. for the defendant No.2 The Court: After the defendant No.2 in this proceeding lodged caveat and filed affidavits, this proceeding was treated as a testamentary suit. The plaintiff has examined three witnesses on commission. The plaintiffs evidence has been closed. Since they did not adduce any further evidence in the matter, the defendant is desirous of leading evidence. In the instant testamentary suit, it is contented that the petitioner-defendant No.2 is permanently staying outside India and has been residing in United States of America s...
Nilesh P. Mehta and Ors. Vs. The Kolkata Municipal Corporation and Ors ...
Court: Kolkata
Decided on: May-04-2017
ORDER SHEET WP4332016 GA29662016 GA30102016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE NILESH P. MEHTA & ORS.Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 4th May, 2017. Mr.S.N.Mitra, Sr.Adv., Mr.D.N.Sharma, Adv., Ms.Arunima Lala Sengupta, Adv., Mr.Shwetank Nigam, Adv., for the petitioner. Mr.Barin Banerjee, Adv., Mr.Gurudas Mitra, Adv., Mr.Dipankar Ghosh, Adv., for the KMC. Ms.Sipra Majumder, Adv., Ms.Susmita Biswas, Adv., for the State. Mr.Supratim Laha, Adv., for the private respondent. The Court : It is really alarming that the owner who act as a developer submits the declaration in the form of an affidavit along with the other documents not only containing the false statements but also the forged document. The unscrupulous developer takes recouRs.to illegal actions and do not shy away from using the forged and fabricated documents knowing fully well that it is so. Obviously, such boldness would not...
Ranjit Singha Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: May-04-2017
AT THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P.235 OF2017RANJIT SINGHA -VSTHE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: HONBLE Mr.JUSTICE HARISH TANDON Mr.Sagar Bandopadhyay, Mr.Tapas Saha, Mr.Debajyoti Basu, Mr.Subhamay Dewanji, Diprav Deb for the Petitioner. Mr.H.S.Mondal for the Respondent Nos.1, 2 & 3. Judgment on: 04.05.2017 The Court: Admittedly the petitioner is the owner of premise No.10/1A, Bidhan Sarani, Kolkata 700 006 and let out the portions of the said building to several persons on the basis of an agreement or upon issuance of the rent receipts. The hallenge is made to the several assessment orders passed on March 21, 2017 determining the annual valuation for the purpose of property tax with effect from various quarters ranging between 2nd quarter, 2007-08 and 2nd quarter, 2016-17. It is undisputed that the hearing notices all dated 1st March, 2017 were served upon the petitioner proposing to revise the annual valuation of the said ...
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