Kolkata Court September 2017 Judgments
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Debraj Dhur and Ors. Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Sep-18-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P.49 OF2017Debraj Dhur & ORS.-VSKolkata Municipal Corporation & ORS.Before: HONBLE Mr.JUSTICE HARISH TANDON Mr.Saktinath Mukherjee, Sr.Adv., Mr.Debabrata Saha Ray, Adv., Mr.Indrajit Mitra, Adv., Mr.Pingal Bhattacharya, Adv.. For the PetitioneRs.Mr.Ashok Banerjee, Sr.Adv., Mr.Alok Kumar Ghosh, Adv., Mr.Debjit Mukherjee, Adv.. For KMC. Order On: 18.09.2017 The Court: There is a checkered history of the instant case. The Petitioner is challenging the action of the Kolkata Municipal Corporation fixing the compensation amount for the land acquired for widening the public road and ascertaining the area of land actually taken for such purposes. The facts, which emanate from the Writ Petition, are adumbrated hereinbelow. The Petitioners are the co-sharers of Premises No.20, Seven Tanks Lane, Kolkata 700 030. The Kolkata Municipal Corporation acquired a considerable portion of a land from the said premises in the ye...
Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...
Court: Kolkata
Decided on: Sep-18-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.1951 of 2017 C.S.No.2 of 2017 LINDSAY INTERNATIONAL PVT.LTD.& ORS.versus LAXMI NIWAS MITTAL & ORS.For the Plaintiff : Mr.S.K.Kapoor, Sr.Adv., Mr.Jay Saha, Sr.Adv., Mr.Ravi Kapur, Adv., Mr.Shaunak Mitra, Adv., Mr.S.R.Kakrania, Adv., Mr.Sanjeeb Seni, Adv.MRS.Priyanka Prasad, Adv., Mr.Arkadeb Biswas, Adv.For the Defendant No.1 : Mr.P.Chidambaram, Sr.Adv., Mr.Siddhartha Datta, Adv., Mr.Bodhisatta Biswas, Adv., Ms.Surabhi Binani, Adv.Hearing Concluded On : 04.09.2017 Judgment On : 18th September, 2017 Soumen Sen, J.:- The defendant No.1 is the applicant. This is an application for revocation of leave under Clause 12 of the Letters Patent and for dismissal of suit on the ground that the plaint does not disclose any cause of action against the defendant no.1. The contention of the defendant no.1 is that according to the plaintiffs there was a pre-incorporation agreemen...
Central Circle 3(1), Kolkata and Ors. Vs. Emta Coal Limited
Court: Kolkata
Decided on: Sep-15-2017
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P.No.33 of 2016 Assistant Commissioner of Income Tax, Central Circle - 3(1).Kolkata & ORS.versus Emta Coal Limited With W.P.No.34 of 2016 Assistant Commissioner of Income Tax, Central Circle - 3(1).Kolkata & ORS.versus Emta Coal Limited With W.P.No.35 of 2016 Assistant Commissioner of Income Tax, Central Circle - 3(1).Kolkata & ORS.versus Emta Coal Limited For the Petitioners : Mr.Kaushik Chandra, Addl. Solicitor General Mr.Prithu Dudhoria, Advocate For the Respondents : Mr.J.P.Khaitan, Sr.Advocate Mr.Akhilesh Gupta, Advocate Mr.P.K.Jhunjhunwala, Advocate Mr.S.Rudra, Advocate Hearing concluded on : August 11, 2017 Judgment on : September 15, 2017 DEBANGSU BASAK, J.:- The Income Tax Department has challenged an Order dated June 10, 2014 passed by the Settlement Commission (Income Tax and Wealth Tax).Additional Bench, Kolkata in these writ petitions. The three writ petitions, all at the behest of the Income Ta...
Sk. Aishan Hossain Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Sep-15-2017
ORDER SHEET WP4772017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SK. AISHAN HOSSAIN Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 15th September, 2017. Mr.Ramji Munsi, Adv., for the petitioner. Mr.Swagata Datta, Adv., for the respondent no.6. Mr.Gurudas Mitra, Adv., for the KMC. Mr.Suman Dey, Adv., for the State. The Court : The present writ petition is filed seeking direction for demolition of an unauthorized construction of G+5 storied building at premises no.33, Dr.Sudhir Basu Road, Kolkata700 023. According to the petitioner, the factum of unauthorized and illegal construction was known to the Corporation. Yet, the Corporation did not take any step against the private respondent. On the other hand, the Corporation says that immediately upon detecting that the private respondent has made an unauthorized and illegal constriction, an FIR was lodged under Section 401A of the Kolkata Municipal Corporatio...
Petitioner Vs. Development Commissioner, Falta Economic Zone and Ors.
Court: Kolkata
Decided on: Sep-15-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Mr.Justice Biswanath Somadder. WP959of 2013 Kariwala Industries Limited ....Writ Petitioner versus Development Commissioner, Falta Economic Zone & ORS...Respondents For the Writ Petitioner : Mr.J.P. Khaitan, Senior Advocate, with Mr.Ashok Bose, Mr.Ajay Gaggar, Ms.Anupa Banerjee, Mr.A.Guha, Mr.Agnibesh Sengupta, Ms.Rakhi Purnima Paul.Advocates For the Respondents : Mr.Anup Mukhopadhyay, Advocate .for Union of India Mr.Bhaskar Prasad Banerjee, Mr.Amitabrata Ray .Advocates for Commissioner of CustoMs.Kolkata. Mr.Alok Kumar Banerjee, Mr.P.K. Das, Mr.Arunabha Sarkar.Advocates for RBI. Heard on : 26.09.2014, 28.11.2014, 26.06.2015, 10.07.2015, 28.08.2015, 11.09.2015, 04.12.2015, 11.12.2015, 15.07.2016, 23.09.2016, 09.12.2016, 13.01.2017, 10.02.2017, 17.02.2017, 10.03.2017, 17.03.2017, 05.05.2017, 16.06.2017, & 28.07.2017. Judgement on : 15.09.2017. 30.01.2015, 19.06.2015, 31.07.2015, 21.08.2015,...
Mohammed Faisal Ekram Vs. Kazi Rezaur Rahaman
Court: Kolkata
Decided on: Sep-15-2017
OD-9 ORDER SHEET CS209of 2016 GA1915of 2017 GA2105of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOHAMMED FAISAL EKRAM Versus KAZI REZAUR RAHAMAN BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 15th September, 2017. Appearance: Mr.Arindam Mukherjee, Adv.Mr.Supratim Laha, Adv.Ms.Sutapa Mitra, Adv.for the plaintiff Mr.Anirban Majumdar, Adv.Ms.Rima Das, Adv.Mr.Sourav Banerjee, Adv.for the defendant The Court : CS209of 2016 has been filed praying for a decree for a sum of Rs.11,50,000/- from the defendant which is evident from the summons which was issued by this Court. Admittedly, the suit is under Order 37 of the Code of Civil Procedure. At the instance of the plaintiff the matter was brought in the list on 5th May, 2017 contending, inter alia, that no written statement was filed by the defendant despite they had entered appearance. Such order was recorded on 5th may, 2017. By the order dated 5th May, 2017 the suit was fixed on the category ...
Bengal Rowing Club and Anr. Vs. Commissioner of Service Tax, Kolkata a ...
Court: Kolkata
Decided on: Sep-14-2017
ORDER SHEET GA No.1539 of 2015 WP No.534 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BENGAL ROWING CLUB & ANR. Versus COMMISSIONER OF SERVICE TAX, KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 14th September, 2017. Appearance: Mr.J.P.Khaitan, Sr.Adv.Mr.Pradeep Sancheti, Adv.Mr.Shovendu Banerjee, Adv.Mr Agnibesh Sengupta, Adv.For the petitioneRs.Mr.Somnath Ganguli, Adv.Mr.Aiswarya Rajyashree, Adv.For the respondents. The Court : - A members club seeks a declaration that a members club is not a club or association within the meaning of Chapter-V of the Finance Act, 1994 as amended by the Finance Act, 2005 and is therefore, not liable to pay any service tax under such Act. Learned Senior Advocate for the petitioners submits that, there are distinctions and differences between a members club and a proprietary club. A members club functions on mutuality. Such mutuality is not available in the case of proprietary club. Learned Senior...
Nandu K. Belani and Ors. Vs. The Kolkata Municipal Corporation and Ors ...
Court: Kolkata
Decided on: Sep-14-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P.327 OF2017NANDU K. BELANI & ORS.-VSTHE KOLKATA MUNICIPAL CORPORATION & ORS.Before: HONBLE Mr.JUSTICE HARISH TANDON Mr.Jishnu Saha, Sr.Adv., Mr.Arindam Banerjee, Ms.Radhika Singh, Mr.Sourajit Dasgupta. . For the Petitioner. Mr.Biswajit Mukherjee, Mr.Gopal Chandra Das. . For the KMC. Heard On: 29.08.2017, 30.08.2017, 31.08.2017 Date: 14.09.2017 The Court: At the very outset this Court must recapitulate the observations recorded by the Supreme Court in case of Rashmi Metaliks Limited & Anr. versus Kolkata Metropolitan Development Authority & ORS.reported in (2013) 10 SCC95deprecating the multiple citations of the decisions rendered by the Supreme Court as well as by the various High Courts reiterating the same principles of law with the following observations:7. This Court, and even more so the High Court as well as the subordinate courts have to face lengthy arguments in each case because of the practice of ...
(Deceased) Vs. The State of West Bengal and Ors.
Court: Kolkata
Decided on: Sep-14-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P.930 OF2016Bimal Kumar Shah, Executor to the Will of Birinchi Behari Shaw, (deceased) -VSThe State of West Bengal & ORS.Before: HONBLE Mr.JUSTICE HARISH TANDON Mr.S.N.Mukherjee, Sr.Advocate, Mr.Utpal Bose, Sr.Advocate, Mr.K.A.Bhaduri . For the Petitioner. Mr.Alak Kumar Ghosh, Mr.Gopal Chandra Das, Mr.Debangshu Mondal . For the Respondents. Date: 14.09.2017 The Court: The present Writ Petition is filed not only for quashing, cancelling and / or rescinding the acquisition of premises number 106C, Narkeldanga North Road, Kolkata 700 011 but also for correction of a mutation record maintained by the Kolkata Municipal Corporation by deleting the name of the Corporation as owner and inserting the name of the Petitioner therein. The other consequential reliefs in the form of a compensation and forbearance from dealing with and / or encumbering the said property and / or making any construction are also sought for...
Arun Kumar Mukherjee Vs. Coal India Limited and Ors.
Court: Kolkata
Decided on: Sep-14-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P.842 OF2014ARUN KUMAR MUKHERJEE -VSCOAL INDIA LIMITED & ORS.Before: HONBLE Mr.JUSTICE HARISH TANDON Mr.Partha Guha . For the Petitioner. Mr.Alok Kumar Mukherjee, Mr.S.M.Obaidullah, Mr.Partha Basu . For the Respondents. C.A.V on: 13.07.2017 Judgment on: 14.09.2017 The Court: The employee beleaguered with the undisputed facts has challenged the entire disciplinary proceeding initiated against him, which culminated into an order of dismissal, in the instant Writ Petition. The arguments are advanced in this behalf on several proposition of law, some may carry relevance whereas others completely foreign and alien to the facts and circumstances of this case. The abstract proposition of law is agitated before the Court without considering whether those can at all be applicable in the facts and circumstances of the instant case. A large number of decisions are cited purely on the question of law without making any ...
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