Kolkata Court February 1963 Judgments
N.C. Mookerjee and Co. Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: Feb-14-1963
Reported in: AIR1963Cal389,[1964]54ITR286(Cal)
Bose, C.J.1. This is an application for a certificate under Article 133(1)(c) of the Constitution of India in respect of a decision of a Division Bench of this Court dated the 26th September 1962 which affirmed the order of the Additional Member, Board of Revenue, dated the 21st April, 1960 in certain Certificate Proceedings under the Bengal public Demands Recovery Act initiated against the petitioner.2. The petitioner is a registered partnership firm consisting of four partners. On 25th August, 1954 the petitioner firm was assessed to excess profits tax in respect of its accounting year ending 31st March, 1942. A notice of demand under Section 29 of the Indian income-tax Act read with Section 21 of the Excess Profits Tax Act, 1940 and dated the 3rd September, 1954 was addressed to the petitioner firm and the latter was directed to pay a sum of Rs. 11,192/- as excess profits tax by the 25th September, 1954. The petitioner firm did not pay according to the demand and the Income-tax Offi...
Tag this Judgment!Workmen of Ottis Elevator (India) (Private) Ltd. Vs. Fourth Industrial ...
Court: Kolkata
Decided on: Feb-14-1963
Reported in: (1963)IILLJ147Cal
B.N. Banerjee, J.1. The petitioners, who were originally in the employment of Balmer Lawrie & Co., Ltd., in its managing agency department for Waygood Ottis, Ltd., London (installers of elevators and escalators), joined service under respondent 4, Ottis Elevator Company, (India) (Private), Ltd., in the year 1954, on the termination of the aforesaid managing agency agreement. One of the conditions, on which the petitioners took up service under respondent 4 company, on transfer from Balmer Lawrie & Co., Ltd., it was alleged, was that the said respondent 4 company would assume liability for all social benefits which the workmen used to receive under their former employer.2. In support of the aforesaid allegation, reliance was placed on the following term of agreement between Balmer Lawrie & Co., Ltd., and respondent 4 company, which is set out below:Ottis (India) will assume all liability for social benefits for such employees of Balmer Lawrie from and after the time they are transferred...
Tag this Judgment!Minarani Majumdar Vs. Dasarath Majumdar
Court: Kolkata
Decided on: Feb-11-1963
Reported in: AIR1963Cal428,67CWN638
Bachawat, J. 1. This rule was obtained by the wife against an order refusing to allow her maintenance under Section 25 of the Hindu Marriage Act, 1955. The opposite party husband filed a petition under Section 13 of that Act praying for a decree of divorce. The petition was dismissed on l/-3-1960. Thereafter on May, 9, 1960, the petitioner wife launched an application praying for an order for her maintenance under Section 25. By an order dated August 12, 1950 me learned Judge dismissed the application on the ground that it was not maintainable. This rule is directed against the order dated August 12, 1950. 2. On behalf of the opposite party husband it is urged that since the payment of maintenance under Section 25 of the Hindu Marriage Act, 1955 must be limited to the period 'while the applicant remains unmarried', the applicant under the section must satisfy the condition mat she or he is 'unmarried', and as the petitioner has not obtained a decree of divorce or nullity, she is not un...
Tag this Judgment!Sm. Suhashini Dasi Vs. Ahi Bhusan De and ors.
Court: Kolkata
Decided on: Feb-08-1963
Reported in: AIR1963Cal520
P. B. Mukharji, J.1. This is an appeal by the plaintiff from the judgment of the learned Subordinate Judge dismissing the plaintiff's suit for partition on the only ground that the suit was tarred by limitation under Article 123 of the Limitation. Act.2. The plaintiff instituted this suit on the 31st May, 1954 against six defendants, four of whom were the defendants and the remaining two pro forma-defendants. The parties are all related to one another. The suit was valued at Rs. 6,000/-. The reliefs claimed in the suit were for a preliminary decree for partition and division by metes and bounds of the plaintiff's 8 annas share in the property in suit and if necessary for appointment of a Commissioner for such division and a final decree. The plaintiff is the daughter of one Bidyabhusan Dey who was the grandson of William Mahendra Nath Das and Srimati Dhanamoni Dasi through their only daughter and child Kumudini. The pro forma defendants are (1) Mrinalini, who is a daughter of Kumudini ...
Tag this Judgment!Grahams Trading Company (India) Ltd. Vs. Second Industrial Tribunal an ...
Court: Kolkata
Decided on: Feb-08-1963
Reported in: (1963)IILLJ153Cal
B.N. Banerjee, J.1. The petitioner-company, Grahams Trading Company (India), Ltd., is a trading concern. Between the years 1940 and 1952, the petitioner-company admittedly used to pay to its employees, at or about the time of the pujas each year, a sum of money equivalent to basic salary for one month, as ex gratia payment. Such payment was, however, discontinued in the year 1953. Respondent 2, Grahams Employees' Union, asserted that the payment, made at or about the time of thepujas each year, was in reality payment of customary puja bonus, although called ex gratia payment, and the petitioner-company had no right to discontinue such payment. This raised an industrial dispute and the dispute was ultimately referred, by the State Government, to an industrial tribunal for adjudication. That tribunal found in favour of the petitioner-company and rejected the case of respondent 2 union that the payment, made at or about the time of the pujas each year, was really payment made by way of cu...
Tag this Judgment!Shibnath Shaw Vs. the State
Court: Kolkata
Decided on: Feb-07-1963
Reported in: AIR1964Cal345,1964CriLJ149
Debabrata Mookerjee, J.1. This appeal must be allowed.2. The appellant Shibrath Shaw has been convicted by the Chief Judga, City Sessions Court, Calcutta of kidnapping under Section 363, I. P. C. and sentenced to five years' rigorous imprisonment. The trial was held with the aid of a jury.3. The only question which falls to be determined in this appeal is whether the jury's verdict can be sustained in view of the Judge's proceedings dated 15th/16th November, 1962. It appears that after the close of the case and speeches of the Public Prosecutor and the defence counsel the learned Judge summed up the evidence. The order sheet of the day's proceeding of the 15th shows that after the summing up the jury retired to consider their verdict at 6-30 p.m. They returned to deliver their verdict at 6-45 p.m. when the learned Jutige did not receive the verdict and record it on the ground that it was already too late. He observed as follows:'As it was already late after nightfall -- the jury were i...
Tag this Judgment!Hooghly Mills Company Ltd. Vs. Fifth Industrial Tribunal and ors.
Court: Kolkata
Decided on: Feb-07-1963
Reported in: (1963)IILLJ172Cal
B.N. Banerjee, J.1. The petitioner-company, known as Hoogly Mills Company, Ltd., moves against an award by the fifth industrial tribunal, holding that the action of the petitioner-company in stopping compensation for idle loom hours was unjustified and directing the petitioner-company to pay snob unpaid compensation to its weaver-workmen, duo after the period 28 March 1958.2. Mr. Phanindra Kumar Sanyal, learned advocate for the petitioner-company, characterized the award as bad on the ground that the award proceeded on a wholesale misreading of the Third Major Jute Textile Industry award made in the year 1955.3. The circumstances under which the dispute arose are hereinafter stated in brief:4. For some time in the past, the weavers of the petitioner-company used to enjoy compensation at the rate of 4 annas per loom, per hour of stoppage of looms during normal working hours. Payment of this compensation was stopped in the year 1958, possibly because the petitioner-company got wiser by c...
Tag this Judgment!Commissioner of Income-tax, Calcutta Vs. Bidhu Bhusan Sarcar (Deceased ...
Court: Kolkata
Decided on: Feb-07-1963
Reported in: [1966]59ITR590(Cal)
BOSE C.J. - This is an application for a certificate under section 66A(2) of the Indian Income-tax Act read with article 135 of the Constitution in respect of a decision of a decision of a Division Bench of this court dated the 10th January, 1962, by which certain questions of law were answered in favour of the assessee in a reference under section 66(1) of the Indian Income-tax Act.Bidhu Bhusan Sarcar, since deceased, used to be assessed in respect of his income in the district of 24-Parganas. On 22nd December, 1947, he filed a voluntary return before the Income-tax Officer, District 24-Parganas, in respect of the assessment year 1947-48 declaring a net loss of Rs. 330. Subsequently, on account of the change in the territorial jurisdiction, the assessees place of business fell within the jurisdiction of the Income-tax Officer, District I(2), Calcutta, with the result that the file of the assessee was transferred to the Income-tax Officer, District I(2), and it came within the jurisdic...
Tag this Judgment!Sm. Tarak Dasi and ors. Vs. Batta Krishna Roy and ors.
Court: Kolkata
Decided on: Feb-06-1963
Reported in: AIR1964Cal42,67CWN601
Bachawat, J. 1. One Giri Mohan Mallick obtained a decree for costs on the 9th August, 1958, against respondent Raja Janaki Nath Roy, Narendra Nath Roy and Co. (Private) Ltd. The company went into liquidation on the 6th February 1958. Giri Mohan Mallick died intestate leaving behind him the appellants as his heirs. On the 9th August, 1958 the appellants started Title Execution Case No. 40 of 1958 for executing the aforesaid decree for costs against the respondent company, in the execution case the company was not described as being 'in liquidation'. By an order dated the 18th May, 1959, the liquidators of the company were brought on the record of the execution case as co-judgment debtors. On the 18th July, 1958 the liquidators filed Misc. Case No. 44 of 1959 objecting to the execution or the decree. The misc case was dismissed by the executing court on the 29th April, 1960. The liquidators preferred an appeal from this order. On the 21st February, 1961 the Additional District Judge allo...
Tag this Judgment!Jatindra Mohan Saha Vs. Asst. Director (Nursing) Directorate of Health ...
Court: Kolkata
Decided on: Feb-06-1963
Reported in: AIR1963Cal638
ORDERB.N. Banerjee, J. 1. The case made by the petitioner, in this Rule, is that he was appointed as a male nurse, in Toke A. G. Hospital, by the Civil Surgeon at Dacca. The said appointment was said to have been made on 9-9-1944. On the eve of the partition of India, the petitioner alleges, he opted for service under the Government of West Bengal. This is denied in the affidavit-in-opposition. Nevertheless it is admitted that he was given a fresh appointment, on 20-8-1947 as a male nurse in a hospital at Burdwan, in West Bengal. According to the petitioner, he applied for ten days' leave, on 22-9-1955' on account of illness and applied successively for extension of the leave on the ground that he was in continued illness. While thus absent, the petitioner came unofficially to learn that he was being transferred to Keshpur Hospital, in the District of Midnapore. On coming to know of that, the petitioner says, he applied, on 11-10-1955 for cancellation of the order of transfer. Before t...
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