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january 2009

Supreme Court of India · 2009-01-16

Kolkata Municipal Corp.& Ors vs Kerbs & Cie (I) Ltd.& Ors

Citation / case number
AIRONLINE 2009 SC 310
Court
Supreme Court of India
Petitioner
Kolkata Municipal Corp.& Ors
Respondent
Kerbs & Cie (I) Ltd.& Ors
Bench
Aftab Alam, S.H. Kapadia

Judgment text excerpt

The Supreme Court set aside the judgment of the Division Bench of the Calcutta High Court, which had affirmed the Single Judge's decision to strike down Section 275(1)(aa) of the Kolkata Municipal Corporation Act, 1980. The Court held that the High Court's dismissal of Writ Appeals on cryptic grounds was inappropriate, especially in matters concerning constitutionality. The Court restored the appeals to the Kolkata High Court for expeditious hearing and disposal, allowing the Civil Appeals with no order as to costs.

Kolkata Municipal Corp.& Ors vs Kerbs & Cie (I) Ltd.& Ors · Niyam