Kolkata Court August 2017 Judgments
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Anil Kumar J. Bavishi Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Aug-03-2017
ORDER SHEET WP2752017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ANIL KUMAR J. BAVISHI Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 3rd August, 2017. Ms.Arpita Saha, Ms.Tanuka Basu, Advs., for the petitioner. Mr.Achintya Banerjee, Adv., Mr.Swapan Debnath, Adv., for the KMC. Mr.Utpal Majumder, Mr.Aniruddha Sinha, Advs., for the private respondent nos.6 & 7. The Court : The closed chapter is sought to be opened by the petitioner in filing the instant writ petition seeking direction upon the Municipal Building Tribunal to clarify its order dated 19th March, 2015. Indubitably, on the basis of a complaint lodged with the Kolkata Municipal Corporation, a proceeding was initiated under Section 400(1) of the Kolkata Municipal Corporation Act, 1980 against the private participated in the said respondents. proceeding and The petitioner ultimately, the proceeding culminated into an order of demolition of a roof t...
Societe Des Produits Nestle S.A. and Anr. Vs. Kit Kat Food Products an ...
Court: Kolkata
Decided on: Aug-03-2017
GA No.531 of 2005 With CS48of 2000 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SOCIETE DES PRODUITS NESTLE S.A.& ANR. Versus KIT KAT FOOD PRODUCTS & ANR. BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 3rd August, 2017. For the plaintiffs: Mr.Hemant Singh,Advocate Ms.S.Jha,Advocate Mr.Arindam Chandra,Advocate Mr.Atish Ghosh,Advocate Mr.Souvik Ghosh,Advocate For the defendant Nos.1,2 & 3: Mr.Sourav Sengupta,Advocate Mr.Debdutta Raha,Advocate The Court :- This GA No.531 of 2005 is at the instance of defendant Nos.1, 2 and 3 praying for stay of all further proceedings in Civil Suit No.48 of 2000 till final disposal of the rectification and/or cancellation proceeding initiated by the defendants/petitioners against registered trade mark Nos.8982 and 473754 in class-30. In the application it has been contended by the defendants/petitioners that the plaintiffs filed three applications for registration of trade marks under trade Nos.473752, 473753 and ...
Swapan Kumar Das Vs. Tarun Aich and Ors.
Court: Kolkata
Decided on: Aug-02-2017
OD-1 AP No.1305 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWAPAN KUMAR DAS Versus TARUN AICH & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : August 2, 2017. Appearance: Mr.Swapan Kumar Das, Adv.Appears in person Mr.Ratnanko Banerji, Sr.Adv.Mr.S.Mitra, Adv.The Court : The challenge here is to an arbitral award rendered on May 14, 2015 in a dispute between a retired partner of a law firm and the remaining partners of such firm. The petitioner herein carried the reference to the agreed arbitrator, primarily seeking his share out of the fixed deposits standing to the credit of the firm. According to the petitioner, a part of the profits of the firm were routinely diverted for fixed deposits to be created therefrom. In other words, it is the petitioners contention that a part of the profits that could have been taken home by the partners at the end of each financial year was voluntarily permitted to be retained by the firm by way of fi...
Tapan Kumar Sen Vs. Tarun Aich and Ors.
Court: Kolkata
Decided on: Aug-02-2017
OD-2 AP No.331 of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TAPAN KUMAR SEN Versus TARUN AICH & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 2nd August, 2017. Appearance: Mr.S.K. Das, Adv.Mr.Ratnanko Banerji, Sr.Adv.Mr.S.Mitra, Adv.The Court: This is a request under Section 11 of the Arbitration and Conciliation Act, 1996. The petitioner, a practising advocate of this Court, was a partner of firm Mukherjee and Biswas till his retirement therefrom sometime in 2013. There is an arbitration agreement contained in the effective partnership deed which would govern the forum of an action in case of any dispute pertaining to the dues of an outgoing partner. The petition makes out that the petitioner was constrained to receive payment of a sum of about Rs.10.35 lakh after the petitioner had retired from the firm, but the petitioner was not paid his share of the amount lying in fixed deposits in bank accounts of the firm. A copy of a letter ...
Jaytee Export Vs. Natvar Parekh Ind. Ltd. and Ors
Court: Kolkata
Decided on: Aug-02-2017
ORDER SHEET CS481of 2000 GA2067of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JAYTEE EXPORT Versus NATVAR PAREKH IND. LTD.& ORS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 2nd August, 2017. Appearance: Mr.Ratnanko Banerji, Sr.Adv.Mr.Aniruddha Mitra, Adv.Mr.Sudipta Sarkar, Adv.Ms.Soma Rai, Adv.Mr.Jishnu Saha, Sr.Mr.Srenik Singhvi, Mr.Ishan Saha, Ms.Sananda Ganguli, Mr.Shubradip Roy, Adv.Adv.Adv.Adv.Adv.The Court : The plaintiff has filed this application for adducing additional evidence. The plaintiff has filed a suit on 25th November, 2000 claiming a money decree against the defendants jointly and severally. The defendants entered appearance and filed their written statement. Although the written statement apparently shows that all the defendants have filed written statement jointly, but it is argued that the defendant Nos.1, 2 and 3 have only filed the written statement disclosing their defence. The issues were framed on 8th January, 2016. T...
Jalan Inter Continental Hotels Pvvt. Ltd. Vs. State Bank of India and ...
Court: Kolkata
Decided on: Aug-01-2017
ORDER SHEET CS No.167 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JALAN INTER CONTINENTAL HOTELS PVVT. LTD.Versus STATE BANK OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st August, 2017. Appearance: Mr.Rajesh Upadhayay, Adv.The Court: The premptive suit apparently with innocuous prayers to attract the jurisdiction of this Court in order to circumvent notice under Section 13(2) of the SARFAESI Act is liable to be dismissed. There cannot be any doubt that the RDB Act completely ousts the jurisdiction of this Court. In the SARFAESI Act, the provisions are more stringent and there is a complete ouster of the jurisdiction of the Civil Court. Section 34 of the SARFAESI Act is the ouster clause. The said Section reads: S.34. Civil Court not to have jurisdiction No civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered ...
Sunil Kumar Sen Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Aug-01-2017
ORDER SHEET GA No.2314 of 2017 RVWO No.31 of 2017 WP No.1233 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SUNIL KUMAR SEN Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 1st August, 2017 Appearance Mr.Jibon Ratan Chatterjee, Sr.Adv.with Mr.Pradeep Kumar, Adv.Mr.S.N. Mitra, Sr.Adv.with Mr.Sananda Mukherjee, Adv.Mr.Barin Banerjee, Adv.with Mr.Alak Kumar Ghosh, Adv.Mr.Swapan Kumar Debnath, Adv.Ms.Sima Chakraborty, Adv.The Court : This is an application for review of the judgment and order dated 23rd June, 2017 passed in WP No.1233 of 2013 and WP No.289936(W) of 2013 by which the Municipal Commissioner was directed to depute a responsible officer and/or engineer to supervise the entire demolition work by taking all precaution and care so that the portions found in dangerous and ruinous condition indicated in the report do not affect or damage the remaining portion which is found in reparable condition. Simultaneously, the direction was ...
Estate of Balai Chand Biswas Vs. The Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Aug-01-2017
ORDER SHEET W.P.No.310 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ESTATE OF BALAI CHAND BISWAS Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 1st August, 2017. For Petitioner : Mr.Sakya Sen with Mr.Meghnad Dutta, Adversus For KMC : Mr.Biswajit Mukherjee with Mr.Gurudas Mitra & Ms.Manashi Nath, Adversus The petitioner has challenged the notice of demand dated 21st February, 2017 issued by the Kolkata Municipal Corporation on account of unpaid property tax together with interest and penalty. The sheet anchor of challenge against the said demand is founded on the assertion that the Corporation neither served any notice while enhancing the annual valuation of the property in question nor served any order of assessment and, therefore, the alleged demand is an outcome of non-adherence of the statutory responsibilities and duties under the relevant statute and also on the ground of violation of principl...
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