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Sep 14 2017 (HC)

Nandu K. Belani and Ors. Vs. The Kolkata Municipal Corporation and Ors ...

Court : Kolkata

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 ...

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Sep 14 2017 (HC)

Arun Kumar Mukherjee Vs. Coal India Limited and Ors.

Court : Kolkata

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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Sep 13 2017 (HC)

Sanjoy Das Gupta and Ors. Vs. Jharna Maulik and Ors.

Court : Kolkata

ORDER SHEET APOT196of 2017 GA No.3083 of 2017 GA No.3084 of 2017 GA No.3085 of 2017 With WP No.254 of 2017 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SANJOY DAS GUPTA & ORS. Versus JHARNA MAULIK & ORS. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER The Hon'ble JUSTICE ASHA ARORA Date :13. h September, 2017. Appearance Mr. Hiranmay Bhattacharyya, Advocate led by Mr.Saptangsu Basu, Sr. Adv., Mr. Lalratan Mondal, Advocate for appellants. Mr. Ashok Kr. Banerjee, Sr. Adv., Mr. Alok Kr. Ghosh, Mr. S. K. Debnath, Advocates for K. M. C. Mr. Soumya Majumdar, Mr. Tridib Chakraborty, Advocates for respondent nos.1 to 6. Mr. Kishore Dutta, Advocate General, Mr. Amitesh Banerjee, Sr. Standing Counsel for the State. The Court : One Sanjay Das Gupta with Ranjit Mondal and Kallol Majumdar have approached this Court of Appeal seeking leave to prefer an appeal in respect of the following order :The Corporation cannot usurp the right, title and interest as the said property ...

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Sep 13 2017 (HC)

Prataprai Vrajilal Jogi and Ors. Vs. The Administrator General of Wb

Court : Kolkata

ORDER SHEET ACR2of 2016 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRATAPRAI VRAJILAL JOGI & ORS.Versus THE ADMINISTRATOR GENERAL OF WB BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th September, 2017. Appearance: Mr.Moloy Ghose, Sr.Adv.Mr.Aniruddha Mitra, Adv.Ms.Rakhi Purnima Paul, Adv...for the petitioners Mr.Indranil Mandi, Adv.Mr.Sayak Konar, Adv..for the official trustee The Court : This is an application by some of the persons claiming to be the existing trustee of Shri Jetha Dhanji Trust. The matter had a chequered history. The applicant No.1 along with other three persons of which it appears that applicant No.3 is common earlier had applied for an originating summons. In the said proceeding the dispute was with regard to the administration of the estate of one Jetha Dhanji. Jetha Dhanji executed a Will prior to his death, by which he created a trust and also appears to have dedicated certain, at least a portion of his estate to the Mandir...

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Sep 12 2017 (HC)

(International Taxation), Kolkata Vs. Income Tax Settlement Commission ...

Court : Kolkata

W.P.No.742 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Director of Income Tax (International Taxation).Kolkata versus Income Tax Settlement Commission, Additional Branch, Kolkata & ORS.For the Petitioner : Md.Nizamuddin, Advocate For the Respondents : Mr.J.P.Khaitan, Sr.Advocate Ms.Nilanjana Banerjee Pal, Advocate Hearing concluded on : June 29, 2017 Judgment on : September 12, 2017 DEBANGSU BASAK, J.:- An Order dated December 30, 2011 passed by the Settlement Commission (Income Tax and Wealth Tax) Additional Bench, Kolkata in respect of three applicants is under challenge at the behest of the Director of Income Tax. Learned Advocate appearing for the petitioner submits that, the Settlement Commission was considering three separate applications filed by the respondent Nos.2, 3 and 4 on June 29, 2010. The respondent Nos.2, 3 and 4 were neither assessee nor have permanent account numbeRs.They obtained the permanent account numbers just before fili...

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Sep 12 2017 (HC)

Organon (India) Private Limited Vs. Martin and Harris Private Limited

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.12 of 2015 In CP No.448 of 2012 ORGANON (INDIA) PRIVATE LIMITED -VERSUSMARTIN & HARRIS PRIVATE LIMITED For the Appellant: Mr Pratap Chatterjee, Sr Adv., Mr Debnath Ghosh, Adv., Mr Sanjay Ginodia, Adv., Mr Manoj Kumar Tiwari, Adv. For the Respondent: Mr Siddhartha Mitra, Sr Adv., Mr D. Gomes, Adv., Ms D. Adhikari, Adv., Ms A. Mukherjee, Adv. Hearing concluded on: September 7, 2017. Date: September 12, 2017. SANJIB BANERJEE, J.: The principal question that arises in this appeal at the admission stage of a creditors winding-up petition is how to treat a cross-claim of the company that has not been adjudicated upon though it appears to be for an amount exceeding the creditors debt. The creditor is the appellant here, questioning the propriety of a judgment and order dated November 3, 2014, delivered some sixteen months or so aft...

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Sep 12 2017 (HC)

Jagannath Dey Vs. Bharat Sanchar Nigam Ltd. and Anr.

Court : Kolkata

ORDER SHEET WP403of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAGANNATH DEY Versus BHARAT SANCHAR NIGAM LTD.& ANR. BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 12th September, 2017. Appearance: Mr.A.K.Sanyal, Adv.Mr.Tarun Kumar Ghosh, Adv.Mr.Ujjal Kumar Bhattacharyya, Adv.Ms.S.Ghosh, Adv.for the petitioner. Mr.Bhaskar Sen, Adv.Mr.Anil Kumar Gupta, Adv.for the respondents. The Court : The petitioner is praying for enforcement of the Award passed by the Central Government Industrial Tribunal in Reference No.3 of 1996, passed on January 2, 2002. The point is very well settled that the writ jurisdiction of the Court cannot be invoked either for execution or for tribunal. implementation of an Award passed by an industrial The law has been settled about 50 years ago by a learned Judge of this Court in the case of K.M.Mukherjee versus Secretary and Treasurer, SBI and OtheRs.reported in AIR1968Cal 59. The learned Judge has unambiguously h...

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Sep 12 2017 (HC)

Swastik Oil Refinery Private Limited Vs. Union of India and Anr.

Court : Kolkata

ORDER SHEET APOT NO.195 of 2017 GA No.3049 of 2017 WP No.506 of 2017 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SWASTIK OIL REFINERY PRIVATE LIMITED Versus UNION OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE AND The Hon'ble JUSTICE ARINDAM SINHA Date : 12th September, 2017. Appearance: Mr.R.K.Chowdhury, Adv.Ms.Saswati Joardar, Adv.Mr.Protyush Chatterjee, Adv..for Appellant. Mr.Somnath Ganguli, Adv.Mr.Bhaskar Prosad Banerjee, Adv.for Respondents. The Court :-In the writ petition out of which the present proceeding arises the petitioner questioned legality of a notice to show cause and demand issued by the Central Excise Authorities on 31st March, 2016. The allegation against the appellant/writ petitioner is wrongful availing of CENVAT credit without maintaining separate accounts for dutiable and exempted goods. The learned FiRs.Court in substance dismissed the writ petition imposing costs of Rs.2,00,000/- to be paid to the West Bengal State Leg...

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Sep 11 2017 (HC)

Vidya Ram Steels Private Limited and Anr. Vs. West Bengal Industrial D ...

Court : Kolkata

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.496 of 2017 VIDYA RAM STEELS PRIVATE LIMITED & ANR. Versus WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LIMITED & ANR. BEFORE: The Hon'ble JUSTICE RANJIT KUMAR BAG Date : 11th September, 2017. Mr.Soumya Majumdar, Adv.with Mr.Dwaipayan Sengupta, Mr.Victor Chatterjee and Mr.P.Das, Advocates for the Petitioners Mr.Ayan Banerjee, Adv.with Ms.Debasree Dhamali, Adv.for Respondents. The Court : The petitioners filed this writ petition challenging the letter dated October 4, 2016 and July 14, 2017 (Annexure P-11 and Annexure P-14 to the writ application respectively).by which the lease agreement between the petitioners and the respondent No.1 was terminated and by which the petitioners were called upon to deliver up possession of the land in question in favour of the respondent No.1. The petitioner no.1 is a company incorporated under the Companies Act, 1956 and the petitioner no.2 is one of the di...

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Sep 11 2017 (HC)

Kanak Projects Limited Vs. Stewarts and Lloyds of India Limited

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE GA2791of 2017 WITH CS247of 2010 KANAK PROJECTS LIMITED VS STEWARTS & LLOYDS OF INDIA LIMITED BEFORE : THE HONBLE JUSTICE SAHIDULLAH MUNSHI SEPTEMBER112017 Mr.Deb Nath Ghosh, Adv.Mr.Sarosij Dasgupta, Adv.Ms.Samanwita RoyChowdhury, Adv. for the plaintiff/respondent Mr.Ritabrata Mitra, Adv.Mr.Sidhartha Sharma, Adv.Ms.Namrata Basu, Adv. for the defendant/applicant The Court :- This G.A.No.2791 of 2017 has been filed by the defendant in a suit for recovery of khas possession and for mesne profit, praying for stay of all further proceedings in C.S.No.247 of 2010 on the ground that an insolvency proceeding has started under Section 10 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the said Code).Although, no affidavit-in-opposition has been filed to the application filed by the defendant/petitioner. Mr.Deb Nath Ghosh, Learned Counsel appearing for the plaintiff/respondent submits that the...

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