Kolkata Court May 2017 Judgments
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Vodafone Mobile Services Limited and Anr. Vs. The Kolkata Municipal Co ...
Court: Kolkata
Decided on: May-03-2017
W.P.No.717 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Vodafone Mobile Services Limited & Anr. versus The Kolkata Municipal Corporation & ORS.For the Petitioners : Mr.Mr.Mr.Mr.Mr.Mr.Pratap Chatterjee, Sr.Advocate Jishnu Saha, Sr.Advocate Arindam Chandra, Advocate Atish Ghosh, Advocate Ishan Saha, Advocate Souvik Ghosh, Advocate For the Respondents : Mr.Mr.Mr.Mr.L.K.Gupta, Additional Advocate General A.K.Ghosh, Advocate D. Chatterjee, Advocate D. Mondal, Advocate Hearing concluded on : November 10, 2016 Judgment on : May 3, 2017 DEBANGSU BASAK, J.:- The petitioners have challenged the demand for licence and permission fees raised by the Kolkata Municipal Corporation authorities for the hoardings set up by the petitioneRs.Learned Senior Advocate for the petitioner has submitted that, the petitioneRs.in its usual couRs.of business, are required to set up hoardings for the purpose of advertisement of their product. The hoardings and glow signs of th...
Company Limited and Anr. Vs. Deputy Commissioner of Income Tax,
Court: Kolkata
Decided on: May-03-2017
W.P.No.1069 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side The Peerless General Finance & Investment Company Limited & Anr. versus Deputy Commissioner of Income Tax, Circle - 3, Kolkata & ORS.For the Petitioners : Mr.J.P.Khaitan, Sr.Advocate Mr.Somak Basu, Advocate For the Respondents : Md.Nizamuddin, Advocate Hearing concluded on : March 17, 2017 Judgment on : May 3, 2017 DEBANGSU BASAK, J.:- The petitioners challenges the vires of clause (i) of explanation 1 to Section 115JB(2) of the Income Tax Act, 1961 in its prospective and retrospective operation. Learner Senior Advocate for the petitioners submits that, such clause was inserted by the Finance (No.2) Act, 2009 with retrospective effect from April 1, 2001. It provides that, the net profit as shown in the Profit and Loss Account for the relevant previous year must be increased by amount or amounts set aside as provision for diminution in the value of any asset. Learned Senior Advocate for the ...
Saroj Kumar Bandyopadhyay Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: May-03-2017
W.P.No.100 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Saroj Kumar Bandyopadhyay versus State of West Bengal & ORS.For the Petitioner : Mr.Jishnu Saha, Sr.Advocate Mr.Rishab Banerjee, Advocate Mr.Souvik Mazumdar, Advocate For the State : Ms.Chhama Mukherjee, Advocate Mr.Ayon Banerjee, Advocate Hearing concluded on : April 4, 2017 Judgment on : May 3, 2017 DEBANGSU BASAK, J.:- The subject matter of challenge in the present writ petition is a decision dated December 6, 2016 taken by the Deputy Inspector General of Registration by which an application of the petitioner for benefit under the notification dated January 10, 2014 has been turned down. Learned Senior Advocate for the petitioner submits that, the mother of the petitioner was one of the members of the co-operative society. The mother of the petitioner had nominated the petitioner as her nominee in respect of the share held by her in the co-operative society. The mother of the petitioner h...
Amiya Steel Pvt. Ltd. Vs. Steel Authority of India Ltd.
Court: Kolkata
Decided on: May-03-2017
OD-24 APO258of 2017 GA1523of 2017 AP555of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side AMIYA STEEL PVT.LTD.versus STEEL AUTHORITY OF INDIA LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : May 3, 2017. Appearance Mr.S.N.Mitra, Sr.Adv.Mr.D.N.Sharma, Adv.Mr.S.Jain, Adv.Mr.Pradip Ghosh, Sr.Mr.A.Ganguly, Mr.G.Chatterjee, Ms.S.Dubey, Adv.Adv.Adv.Adv.The Court :- This appeal demonstrates the colossal lack of accountability on the part of public servants who draw their salary from tax-payers contributions and collude with private parties to cause loss to the corporations or the public bodies that they serve or look to unlawful personal gains at the expense of their employeRs.The appeal arises out of an order dated March 30, 2017 by which several months have been excluded from the time taken by the respondent to carry its challenge to the appropriate forum by resorting to Section 14 of the Limitation Act, 19...
State of W.B. and Ors. Vs. Gautam Sadhan Bose and Ors.
Court: Kolkata
Decided on: May-02-2017
ORDER SHEET GA5002017; APOT472017; WP9612016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE STATE OF W.B.& ORS.Versus GAUTAM SADHAN BOSE & ORS.BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 2nd May, 2017. Mr.K.Datta, Sr.Adv.& Ld. A.G.appears with Mr.N.K.Das, Adv., for appellants. Mr.P.S.Sengupta, Sr.Adv.appears with Mr.S.Majumder, Adv.and Mr.D.Bhattacharyya, Adv., for respondents. Mr.Heeralal Roy, Dy. Labour Commissioner, appears with Mr.Sanatan Pramanik, Dy. Labour Commissioner, and Mr.Asitava Mukhopadhyay, Assistant Labour Commissioner, in person. The Court : An affidavit has been filed by Mr.Sanatan Pramanik, the Deputy Labour Commissioner, Government of West Bengal, who is presently dealing the conciliation file bearing no.23/16, wherein summons namely had been Mr.Ambar issued Bhan to the Batra, writ Mr.petitioneRs.Surjya Kar, Mr.Goutam Sadhan Bose and Mr.K.K.Biswas by the then Deputy Labour Commissioner, Mr.Heeralal ...
Phaethon International Sa Vs. Lords Polymer (India) Pvt. Ltd.
Court: Kolkata
Decided on: May-02-2017
ORDER EC No.601 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PHAETHON INTERNATIONAL SA Versus LORDS POLYMER (INDIA) PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 2nd May, 2017. Appearance: Mr.Rohit Mukherjee, Advocate Ms.Anindita Ghose, Advocate ...for the petitioner. This is an application for execution of a foreign award. The petitioner has filed three supplementary affidavits to bring on record additional documents to show that the arbitration clause in the charter party agreement has been validly enforced and the arbitral tribunal was constituted in accordance with the procedure agreed by and between the parties. The award-debtor at the relevant time was a charter of the vessel Trade Star. The petitioner is a foreign company. The petitioner as despondent owner of the Vessel M.V.Trade Star by a Final Recap / Voyage Charter Party on an amended GenCo.Form dated 10th April 2013 chartered the vessel M.V.Trade Star to the respondent to carry a full a...
Gautam Das Vs. The Kolkata Municipal Corpopration and Ors.
Court: Kolkata
Decided on: May-02-2017
ORDER SHEET WP NO.255 OF2017IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GAUTAM DAS Versus THE KOLKATA MUNICIPAL CORPOPRATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 2nd May, 2017. Mr.Saptangsu Basu, Sr.Adv., Mr.Raghunath Chakraborty, Mr.Bratin Kumar Dey, Advs., for the petitioner. Mr.Biswajit Mukherjee, Mr.Fazrul Haque, Advs., for the KMC. Mr.Sanajit Kumar Ghosh, Adv., for the respondent Nos.8 to 15. Ms.Chama Mookerji, Mr.Dhananjay Nayak, Advs., for the State. The Court : Mr.Saptangsu Basu, learned Senior Counsel for the petitioner submits that this is the second round of litigation before this Court challenging the order passed by the Assistant Assessor Collector (North) of the Kolkata Municipal Corporation in rejecting an application for mutation as the part of the property is comprised in thika tenancy. After acquiring right, title and interest, the petitioner applied for recording his name in the register maintained by the Corporation...
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