Kolkata Court December 1953 Judgments
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Boarland (inspector of Taxes) Vs. Madras Electric Suupply Corporation.
Court: Kolkata
Decided on: Dec-09-1953
Reported in: [1954]25ITR365(Cal)
SINGLETON L.J. The Madras Electric Supply Corporation Ltd., later referred to as the company, was incorporated under the Companies Acts, 1862-1900, on January 27, 1906, with the object of carrying on in India the business of an electric light and power undertaking in all its branches. The undertaking was carried on under three licences granted by the Government of Madras. Under the first two licences the local authority, with the sanction of the local government, had an option to purchase such portion of the undertaking as was in the area for which it was constituted, and a similar option was given to the local government if the local authority did not elect to purchase. Under the third licence the Governor-General in Council had the option to purchase. The option was exercisable in each case on August 29, 1947. The company carried on its business until that date. Notices to exercise the options were duly givenOn August 27, 1947, an agreement was entered into between the Government of ...
Union of India (Uoi) Vs. Nalini Ranjan Guha
Court: Kolkata
Decided on: Dec-07-1953
Reported in: AIR1955Cal257
Chakravartti, C.J. 1. This is an application for leave to appeal to the Supreme Court from an order passed by Bachawat J. on 5-5-1953, sitting- singly. By that order he directed that, all matters in difference between the petitioner, the Union of India, and the respondent be referred to the arbitration of Mr. K.K. Basu, Barrister-at-law. The petitioner asks for a certificate from this Court to prefer an appeal from that order.2. In view of the several patent objections to the petition, it is surprising that such a petition should have been filed at all. . The petition purports to ask for leave to appeal to the Supreme Court and it must be presumed that the said prayer was intended to be made under the Constitution of India. But the Constitution is not even named in the petition. The petitioner refers only to the Indian Arbitration Act and seems to have been advised that even under that Act, this Court could be asked to grant a certificate for the purposes of leave to the Supreme Court....
Purnendu Bh. Deb Burman Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Dec-03-1953
Reported in: AIR1956Cal66
G.K. Mitter, J. 1. This is a suit originally instituted by one Pulin Behari Deb Burman against the Dominion of India for recovery of Rs. 3,74,768-3-9 for loss and damages on account of goods mentioned in the annexure to the plaint taken over by the military authority, in the alternative, inquiry and accounts of loss and damages suffered by the plaintiff and decree for the amount found due on the taking of such accounts, Receiver, injunction and for costs.2. The above is taken from the concise statement annexed to the plaint and it describes in the plaintiff's own terms as to what his suit is about.3. The plaintiff's case is that on 1-10-1943 the military authorities under C. R. E. 251 Sub-area c/c No. 6 A. B. P. O. commandeered and took possession of the Badarpur Tea Estate in the District of Cachar, Assam. The said Tea Estate belonged to one Ral Saheb Gangadhar Tushnian who had purchased it from the Badarpur Tea Co. Ltd, in liquidation,A certain quantity of boiled and seasoned timber,...
Vs. in Re: J.K. Ghosh
Court: Kolkata
Decided on: Dec-03-1953
Reported in: AIR1954Cal299,58CWN138
Chakravartti, C.J.1. This is a Reference under Section 21(1) of the Chartered Accountants Act and a curious case in many respects. The respondent is one J. K. Ghosh who, we are informed by the learned Counsel for the Institute, has now ceased to be a member. Against him, the complaint was that he gave a certificate that one Ashutosh Basu had served him as an audit clerk from 2nd January 1941 up to 2nd March 1951, whereas the said Ashutosh Basu had been serving under another person called Chowdhuri in the same capacity from 1st December, 1941 up to 31st March 1951. It appears that before the last certificate Ghosh bad issued another certificate in favour of the said Ashutosh Basu in which he stated that Basu had served under him up to 15th November 1950. Be that as it may, it will appear from the dates I have mentioned that there was an overlapping as between the alleged period of service under Ghosh and that under Chowdhury as regards the major part thereof and it was that overlapping ...
Superintendent and Remembrancer of Legal Affairs, Govt. of West Bengal ...
Court: Kolkata
Decided on: Dec-02-1953
Reported in: AIR1954Cal134
Guha Rav, J. 1. This is a petition by the Superintendent and Remembrancer of Legal Affairs, Government of West Bengal, on behalf of the State of West Bengal, Under Section436 Cr. P.C. for setting aside an order of discharge passed by Sri K. C. Sen, Presidency Magistrate, Calcutta.2. It appears that the opposite party Nandaram Agarwala was prosecuted on charges Under Sections 353 & 332 I. P. C. for having obstructed certain public servants entrusted with the execution of a warrant at authorisation of a search of certain premises by the Income-tax Investigation Commission Under Section 6(8) of the Taxation on Income (Investigation Commission) Act, 1947 (Act XXX of 1947). The learned Magistrate, although he examined a number of witnesses did not go into the evidence at all before discharging the opposite party Nandaram Agarwala, but discharged him on the sole ground that the authorised officials actually acted without jurisdiction in searching a room on the 3rd floor of 36 Armenian Street...
Brojendra Coomar Banerjee Vs. Sirish Chandra Chatterjee
Court: Kolkata
Decided on: Dec-02-1953
Reported in: AIR1954Cal459,58CWN225
K.C. Chunder, J.1. This is a tenant defendant's appeal against an appellate decree of the District Judge of 24 Parganas in a suit for ejectment reversing that of the Munsif, 4th Court, Alipore. The facts are very little in dispute as far as they are necessary for this second appeal.2. The defendant deposited rent in cash lor the months of May to October 1951 with the Bent Controller on 23-11-1951, it is clear, and this is not contested, that rent for May-June, July-August, were in arrears, that is, two units of two months each were in arrears and rent for September was not properly deposited but the rent for October was, as the tenant had time to deposit the amount with the Rent Controller by the 1st of December. Therefore, there was no third unit or third occasion of two months in default. Then rent fell again in default in November 1951 because the tenant paid by a cheque to the Rent Controller on 27-12-1951 and the cheque was not cashed and credited till 5-1-1952. It may be mentione...
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