Petitioner challenged fixation of occupation charges at Rs.5,000/month in service suit. Court found lower court exercised discretion considerately under Article 227, thus no interference warranted. Appeal dismissed.
C.O. stands dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
08.03.2024 Item No.16 Ct. No.7 KS
C.O. 3226 of 2023 Smt. Bhabani Giri Vs.
Smt. Minati Nayek
Mr. Koushik Bhattacharya Mr. Kounish Chakraborty
…..for the Petitioner
Mr. Gautam Das Mr. P. Das
…..for the Opposite Party
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any occupation charges. The learned Court of Appeal below rightly applied that proposition of law laid down by the Hon’ble Supreme Court in the case of M/s. Atma Ram Properties (P) Ltd. Vs. M/s. Federal Motors Pvt. Ltd. reported in 2005 (1) SCC 705 and the decision in the case of State of Maharashtra & Anr. Vs. M/s. Super Max International Pvt. Ltd. & Ors. reported at (2009) 9 SCC 772 and determined the quantum of occupational charges at Rs.5,000/- per month.
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(HIRANMAY BHATTACHARYYA, J.)
2 issues framed by the court
Whether the fixation of occupation charges by the lower Court was liable to be interfered with under Article 227 of the Constitution of India
Whether the lower Court committed any error in not affording an opportunity to produce documents before fixing the rate of occupation charges
Colour shows how this judgement treated each authority
M/s. Atma Ram Properties (P) Ltd. Vs. M/s. Federal Motors Pvt. Ltd.Referred¶12
2005 (1) SCC 705 · Who else cites this
State of Maharashtra & Anr. Vs. M/s. Super Max International Pvt. Ltd. & Ors.Referred¶12
(2009) 9 SCC 772 · Who else cites this
2 provisions across 1 enactments
Smt. Bhabani Giri
Smt. Minati Nayek
HIRANMAY BHATTACHARYYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
