Kolkata Court June 1963 Judgments

Surya Properties Private Ltd. and ors. Vs. Bimalendu Nath Sarkar and o ...

Court: Kolkata

Bose, C.J.1. This reference arises out of a suit for ejectment brought by a landlord against the tenant on the ground that the tenant had constructed without the consent of the landlord a brick built room on the roof of the tenanted premises and had thereby done an act contrary to the provisions of Clause (p) of Section 108 of the Transfer of Property Act. It is alleged in the plaint that the tenancy was terminated by a notice dated 18th July, 1956, calling upon the defendant to give up possession on the expiry of the last day of August 1956. The defence set up in the written statement is that a small temporary tin shed was constructed on the roof upon the existing walls with the consent of the plaintiff and on an increment of rent of 5%. The defendant further challenges the validity and sufficiency of the notice of termination of the tenancy and also pleads that the said notice dated 18th July, 1956,was waived and/or withdrawn by a subsequent notice to quit dated 24th August, 1956, ex...

Commissioner of Income-tax, Calcutta Vs. J. K. Eastern Industries (Pri ...

Court: Kolkata

Reported in: [1965]55ITR376(Cal)

SANKAR PRASAD MITRA J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922. The Commissioner of Income-tax by three several applications presented of the 4th September, 1958, required the Appellate Tribunal to refer to this court certain questions of law which were said to arise out of the order of the Tribunal in the I. T. A. Nos. 2415, 2416 and 2417 of the 1957-58 dated the 20th June, 1958. A statement of the case has been drawn up by the Appellate Tribunal, West Bengal, for all the three applications mentioned above.The assessment years are 1950-51, 1951-52 and 1952-53 and the relevant accounting years are those ending on the 30th September, 1951, respectively.The assessee is a company incorporated under the Indian Companies Act, 1943. The certificate of incorporation was obtained on the 28th May, 1945. The company was appointed the managing agent to Reform Flour Mills Ltd. on and from the 1st June, 1945. In the three assessment years referred to above, the ...

Moulvi Yar Mohammad Vs. Corporation of Calcutta and ors.

Court: Kolkata

Reported in: (1966)IILLJ719Cal

D.N. Sinha, J.1. The facts in this case are briefly as follows.2. The petitioner was a permanent stock-verifier employed by the Corporation of Calcutta. He was involved in a criminal case which is known as the ' petrol theft case.' It appears that on or about 9 July 1957 a complaint was lodged with the police, but even before that, on 26 June 1957, the petitioner was placed under suspension with effect from 1 July 1957, Thereafter, he has been drawing his subsistence allowance. On 3 August 1957 he was served with a chargesheet. He submitted his explanation, and the matter came up for consideration by the Standing Finance Committee which considered the matter, and by Its resolution, dated 9 December 1957, postponed the enquiry. Since that time nothing further has been done, so far as the domestic enquiry was concerned. The criminal case is still pending. On 15 March 1960 the petitioner attained his age of superannuation. This is in accordance with Rule 72 of the service regulations of t...

Karam Chand Thappar and Bros. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: AIR1965Cal343,[1965]55ITR427(Cal)

K.C. Sen, J.1. This is a reference under Section 66(1) of the Income-tax Act, 1922, hereinafter described as the 'Act'. The following question arising out of the order of the Tribunal is for decision by this Court:'Whether on the facts and in the circumstances of the case a sum of Rs. 47,404 representing the value of the electrical machinery looted during the communal riots in Lahore in the relevant year of account was admissible as an allowance under Section 10(2)(vii) of the Indian Income-tax Act ?'2. The assessee is Messrs. Karam Chand Thapar and Brothers Private Limited, Calcutta. The assessment year is 1948-1949 and the relevant accounting year ended on the 31st March, 1948. The assessee was the Managing Agent of the Dry Ice Gas find Refrigerators Limited, Lahore. The latter sold its machinery and plant to the assessee company on the 31st July, 1947. Before this date of transfer the assessee company had purchased some electrical machinery of the value of Rs. 47,404 for production ...

Ram Chandra Chaudhuri Vs. Secretary to Govt. of West Bengal and ors.

Court: Kolkata

Reported in: AIR1964Cal265,[1967(15)FLR294],(1968)IILLJ376Cal

ORDERDurgadas Basu, J. 1. This application under Article 226 of the Constitution is directed against an order of reversion from the post of Assistant Commissioner of Police to that of Inspector of Police, made by the Government of West Bengal on 9-7-1954 and later notified in the Calcutta Police Gazette on 19-7-1954. The petitioner's Case, in Short is that he entered into service as a Sub-Inspector in the Calcutta Police Force on 10-71-1955 and promotedto the rank of Inspector of Police on (sic) 939 to which rank he was confirmed on 3-5-1943. Having secured numerous rewards on account of a successful service career, the petitioner was selected by a Selection Board to officiate as Assistant Commissioner of Police and placed on the list of Inspectors fit for promotion to the rank of Assistant Commissioner and was eventually appointed Assistant Commissioner of Police on 7-5-1948. The petitioner passed the Departmental Examination in higher standard and the result was declared by the Publi...

Sriniwas Fatehpuria Private Ltd. Vs. N.C. Chatterjee and ors.

Court: Kolkata

Reported in: AIR1963Cal548

Sinha, J.1. This is an appeal against an order of Ray, J., dated January 5, 1961, whereby the application was dismissed with costs.2. The facts in this case are shortly as follows: The appellant is a Company which carries on the business of hiring certain barges and boats which are let out on a contract basis to manjhis, who in their turn appoint dandis under them. The appellant Company dismissed four workmen who were all manjhis. An industrial dispute arose between the said Company and the four workmen, which was referred by the Government of West Bengal for industrial adjudication under Sections 7 and 10 of the Industrial Disputes Act, 1947, before the First Labour Court. The Issue that was referred was as follows :'Whether the dismissal of the following workmen is justified? To what relief, if any, are they entitled? (1) Matin Manjhi, (2) Khalil Manjhi, (3) Taslim Manjhi, (4) All Hasan.' I have already stated that the Company carried on anindustry of the nature mentioned above. It i...

Ranjit Chandra Mitter Vs. Union of India (Uoi)

Court: Kolkata

Reported in: AIR1963Cal594

ORDERP.C. Mallick, J.1. This is an application for injunction. The object is to restrain the Union of India from accepting a tender for works of any other Contractor in respect to which the petitioner alleges to have a subsisting contract with the Government The application is made under the Indian Arbitration Act. There is no arbitration fending, though it is alleged in the petition that there is a dispute which is covered by the arbitration clause and the petitioner has already claimed that the disputes should be adjusted by arbitration. The petitioner is a contractor, and the contract subsisting between him and the Government is evidenced by an A/T dated March 16, 1960. The subject matter of the contract is construction works at Bon Hooghly. The estimated cost of the works is Rs. 5, 88, 938/-. The petitioner took up the construction works and from time to time Was paid on the running bills a total sum of Rs.1,30,000/-. The time within which the works were to be completed has long pa...