Kolkata Court January 1962 Judgments
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Bengal and Assam Investors Ltd. Vs. Commissioner of Income-tax, West B ...
Court: Kolkata
Decided on: Jan-16-1962
Reported in: [1962]46ITR655(Cal)
G.K. Mitter J. - This is a reference under section 66(1) of the Indian Income-tax Act for determination of the question :'Whether, in the case of the assessee, an investment company, its dividend income is part of its profits and gains chargeable to tax under section 10 of the Indian Income-tax Act, 1922 ?'The assessee company was incorporated in January, 1947, and commenced business on March 19, 1947. The objects for which the company was established are, inter alia :(1) to acquire and hold shares, stocks and debentures, securities, etc., issued or guaranteed by any company constituted for carrying on business in British India or elsewhere;(2) to acquire any such shares, stock and debentures, etc., by original subscription, tender, purchase exchange or otherwise and to exercise and enforce all rights and powers conferred by or incident to the ownership thereof;(3) to sell, invest in and vary the investment and to re-invest in any shares, stock, etc.As is usual with many companies the ...
Commissioner of Income-tax, Central, Calcutta Vs. Moon Mills Limited, ...
Court: Kolkata
Decided on: Jan-16-1962
Reported in: [1962]46ITR771(Cal)
G.K. MITTER J. - This is a reference under section 66(1) of the Indian Income-tax Act. The only question involved in this case is whether the word 'received' in the fourth proviso to section 10(2)(vii) of the Act means 'receivable' in the case of an assessee who keeps his accounts on the mercantile system.The facts of this case lie within a very narrow compass. A fire broke out in the mills of the assessee on August 6, 1948, destroying substantial portions of its stock-in-trade, machinery and buildings. The said assets were covered by several insurance policies of the General Assurance Society Limited : (1) in respect of general specification, (2) specific stock policies and (3) consequential loss policies for an aggregate sum of Rs. 1,48,92,390. Re-insurance had been effected by the said insurance company withother companies. The assessee preferred a claim on the insurance company, which appointed assessors to survey the same. On November 27, 1948, the assessee company wrote to the in...
The State Vs. Keshab Chandra Naskar
Court: Kolkata
Decided on: Jan-12-1962
Reported in: AIR1962Cal338
P.B. Mukharji, J. 1. This is a Reference under Section 432 of the Code of Criminal Procedure by the Additional Sessions Judge, Third Special Court, Alipore. It arises out of a case under Section 19 (f) of the Indian Arms Act. It raises certain important principles and considerations, on the Constitution the Criminal Procedure Code and the Indian Arms Act.2. In the letter of reference the learned Judge says that the appeal before him has given rise to the question of constitutional validity of Section 29 of the Indian Arms Act. In his opinion he considers it to be necessary that the question should be referred to this Court for decision under Section 432, Criminal Procedure Code.3. The facts lie within a short compass. Keshab Naskar, the accused appellant was charged under Section 19 (f), Indian Arms Act, for having possessed without licence one dozen 12 bore live cartridges. On the 13th October. 1955 at Diamond Harbour river side, Keshab Naskar with several other persons, was caught by...
West Bengal Press Workers' and Employees' Union Vs. Art Union Printing ...
Court: Kolkata
Decided on: Jan-12-1962
Reported in: AIR1962Cal607,[1962(4)FLR338],(1962)IILLJ70Cal
B.N. Banerjee, J.1. The short point that arises for consideration in this Rule is whether the award of an Industrial Tribunal as to scales of pay was terminated by the workmen, in the manner prescribed in Section 19(6) of the industrial Disputes Act.2. It is not disputed that the working conditions, scales of pay and dearness allowance of workmen in printing presses became the subject-matter of certain awards, more or less on industrywise basis, during the last several years. Once such an award between 169 printing presses in Calcutta and Howrah (including the respondent No. 1 press) and their workmen was published in the Calcutta Gazette, dated May 11, 1948. Another such award between 90 printing presses (including respondent No. 1 press) and their workmen was published in the Calcutta Gazette, dated March 1, 1951.3. The dispute, out of which this Rule arises, is the third of the series of industrial disputes between respondent No. 1 press and its workmen. The State Government referre...
Commissioner of Police Vs. Lakshmi Chand Gupta
Court: Kolkata
Decided on: Jan-11-1962
Reported in: AIR1962Cal556,66CWN487
Debabrata Mookerjee, J.1. This appeal is brought from a decision of G.K. Mitter J., making absolute a Rule for Mandamus whereby two orders of the Commissioner of Police, Calcutta, dated March 1 and March 11, 1960, refusing to grant licence to the respondent Lakshmi Chand Gupta to run an eating house, known as Lakshmi Hotel or Shri Lakshmi Hotel, were directed to be withdawn or cancelled and the Police Commissioner ordered to renew licences in favour of the respondent, authorising him to run the Hotel for the years 1959-60 and 1960-61.2. The respondent had rented the first floor of premises No. 170/2D, Lower Circular Road, Calcutta, in the year 1958 and obtained in the course of the year a licence under the Calcutta Police Act, 1866, to run a boarding and eating house. The licence was due to expire, on March 31, 1959. Before its expiry, the respondent applied for renewal on the 25th of March 1959, for the year 1959-60. On May 16, he received a communication from the Commissioner of Poli...
Shivram Poddar Vs. Income-tax Officer, Central Circle Ii, Calcutta, an ...
Court: Kolkata
Decided on: Jan-11-1962
Reported in: [1962]46ITR1076(Cal)
BOSE C.J. - This is an appeal against an order Sinha J. dated the 27th April, 1959, dismissing a writ application for quashing a notice issued under section 34 of the Indian Income-tax Act.A firm of the name of Balmukund Radheshyam carried on business as commission agents in cotton, sale and purchase of cotton and piece goods and speculation in cotton and silver at Ratlam and Indore, since 22nd December, 1947, until it was dissolved on the 24th February, 1950. On 20th August, 1952, one of the ex-partners of the said firm filed a return of the income of the said firm before the Income-tax Officer, Special Survey Circle III, Calcutta, showing a sum of Rs. 18,737-5-9 as net profits for the accounting period of the firms first year of business, that is for the assessment year 1949-50. An order of the assessment was made on the 28th October, 1952, and the sum assessed to income-tax was duly paid. It is alleged that sometime in March, 1953, the notice of dissolution of the said firm was duly...
Thackers Press and Directories Ltd. and anr. Vs. Gopinath Auddy
Court: Kolkata
Decided on: Jan-10-1962
Reported in: AIR1962Cal591,66CWN449
ORDERD.N. Sinha, J. 1. The petitioner in this application is Messrs. Thackers Press and Directories Ltd., a company incorporated under the Indian Companies Act (hereinafter referred to as 'the company'). Various reliefs have been asked for in this petition, but the relief that has been pressed before me, is relief against forfeiture. It would be necessary to state certain facts in order to comprehend how this question arises. The plaintiff Gopi Nath Auddy is the owner of premises, previously known as 6 and 7 Bentinck Street, Calcutta, now known as 6B, Bentinck Street. By an Indenture of Lease dated 21st March 1934 the predecessor-in-interest of Gopi Nath Auddy leased out the said premises to the company, at a monthly rent of Rs. 850/-. There is the usual forfeiture clause. A copy of the lease is annexed to the petition and marked with the letter 'A'. The lease was for a term of 25 years commencing from the 1st March, 1934 with option for renewal, it was provided in the lease that if th...
Prokash Chandra Kishenlal Vs. Kays Constructions Co. and anr.
Court: Kolkata
Decided on: Jan-10-1962
Reported in: AIR1962Cal654,66CWN483
Bachawat, J. 1. This appeal is from a judgment and decree dismissing a suit for recovery of a debt The sum of Rs. 7651/9/- was due to the defendant No. 2 Rohmetra and Co. Ltd. from the defendant No. 1 Kays Construction Co. on account of the price of goods sold and delivered by the defendant No. 2 to the defendant No. 1. The plaintiff Prokash Chandra Kishenlal sues to recover the debt from Kays Construction Co. on the ground mat the plaintiff is the assignee of the debt. Ray, J. held that the plaintiff is not the assignee of the debt and dismissed the suit. It appears that Rohmetra and Co. Ltd. made out a bill dated September 21. 1956 showing that Kays Constructions Co. was a Debtor of Rohmetra and Co. Ltd. for the price of the goods amounting to Rs. 7651/9/-. The following endorsements appear on the bill:'Please make the payment of this bill to Messrs. Parkash Chand Kishan Lall: 55 Cross Street, Calcutta. It may please be treated as irrevocable For the Rohmetra and Co. Ltd.P. D. Rohme...
Commissioner of Income-tax, West Bengal Vs. Shewbux Jahurilal.
Court: Kolkata
Decided on: Jan-10-1962
Reported in: [1962]46ITR688(Cal)
G.K. MITTER J. - In this matter a single question of law depending on the method of accounting used by the assessee has been referred to this court under section 66(1) of the Indian Income-tax Act. The facts are very simple. The assessee entered into ten several forward contracts with Sri Lachminarayan Jute Manufacturing Company Limited in April, 1946, to supply loose jute at specified rates, delivery to be effected in September, October, November and December, 1946. Under the terms of the contracts the buyers had the option, in the event of non-delivery of goods by the due dates, of canceling the on the fifth working day after the due date and recovering the difference between the price specified in the contracts and the market prices as on the date of cancellation of the contracts. It would appear that the due dates of the contracts were extended up to February 28, 1947. As the assessee did not effect delivery the buyers served notices on March 1, 1947, stating in respect of each con...
Ram Sankar Tripathy Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-10-1962
Reported in: (1962)ILLJ613Cal
B.N. Banerjee, J.1. The petitioner is the proprietor of a Hindi daily newspaper known as 'Lokamanya' The respondent 4, Kailash Nath Trivedi, was a workman employed by the petitioner. The respondent 4 was discharged from his services pending the adjudication of an industrial dispute between the petitioner and his workmen. The respondent 4 made an application before the fourth industrial tribunal, under Section 33A of the Industrial Disputes Act, alleging that his discharge from service during the pending of the industrial dispute before the tribunal without obtaining previous permission of the said tribunal was illegal. He prayed for reinstatement in his former post and also for payment of his wages and other emoluments for the period of non-employment.2. By its award which was published in the Calcutta Gazette of 14 March 1967, the fourth industrial tribunal held that the discharge of respondent 4 without previous permission from the tribunal was illegal. The tribunal, therefore, direc...
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