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january 2009

Supreme Court of India · 2009-01-16

KOLKATA MUNICIPAL CORP. vs KERBS & CIE (I) LTD..

Citation / case number
SC 2007/14988
Court
Supreme Court of India
Petitioner
KOLKATA MUNICIPAL CORP.
Respondent
KERBS & CIE (I) LTD..
Author
S.H. KAPADIA,AFTAB ALAM, , ,
Bench
S.H. KAPADIA,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court set aside the Division Bench's judgment 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 emphasized that dismissing Writ Appeals on cryptic grounds is inappropriate in constitutional matters. The appeals were restored to the High Court for expeditious hearing and disposal, while the Corporation's request for a stay on the Single Judge's judgment was denied, allowing them to seek interim relief from the Division Bench if desired.

KOLKATA MUNICIPAL CORP. vs KERBS & CIE (I) LTD.. · Niyam