Kolkata Court September 1963 Judgments
Madhab Chandra Charchari Vs. Nalini Manna and anr.
Court: Kolkata
Decided on: Sep-28-1963
Reported in: AIR1964Cal286,1964CriLJ20,67CWN1029
ORDERAmaresh Roy, J.1. This Rule is directed against an appellate order of acquittal passed by the learned Assistant Sessions Judge' of Midnapore acquitting the two opposite parties who had been convicted by the trial Magistrate of offence under Section 341 of the Indian Penal Code and sentenced each of them to pay a fine of Rs. 25/- In default to suffer rigorous imprisonment for two weeks under that section. In the trial Court there were five accused persons Including the present opposite parties. The common charge against all of them was one under Section 147 of the Indian Penal Code and also under Section 341 of the Indian Penal Code. In addition to that charge, the opposite parties Nalini Manna and Kallpada Kulavi and another person named Sudhangsu Das had also been charged for an offence under Section 323 of the Indian Penal Code and another accused Monoranjan Kulavi was charged under Section 426 of the Indian Penal Code. The teamed Magistrate acquitted all the accused persona of ...
Tag this Judgment!The State Vs. S. Jaseph and anr.
Court: Kolkata
Decided on: Sep-20-1963
Reported in: 1964CriLJ588
ORDERR.N. Dutt, J.1. Mr. Bhoss on behalf of the State submits that the charge Under Sections 302/109 of the Indian Penal Code against the accused persons is unsustainable and an entry should be made to that effect Under Section 273 of the or criminal Procedure. Perused the evidence on the oasis of which the commitment has been made. Perused the statements of the relevant witnesses recorded by the Police Under Section 161 of the Code. I agree with Mr. Bhose that me charge Under Sections 302/109 of the Indian Penal Code against the accused persons is clearly unsustainable. Make an entry to that effect Under Section 273 of the Code and the accused are discharged in respect of that charge.2. Mr. Bhose further submits that the only over charge that remains for trial is a charge Under Sections 273 of the Indian Penal Code against the accused persons. He argues that since this by itself is not triable by the High Court Sessions, the commitment should be quashed 3nu the Chief Presidency Magist...
Tag this Judgment!In Re: Sulekha Works Ltd.
Court: Kolkata
Decided on: Sep-19-1963
Reported in: AIR1965Cal98
ORDERB.C. Mitra, J.1. Sulekha Works Ltd. (hereinafter, referred to as the (Company) is a public Company which was incorporated in 1946. The objects of the Company inter alia are the manufacture of ink and allied products. The Company was promoted by the members of a family (hereinafter referred to as the Maitras) and four outsiders. A Private Company, viz., Maitra Brothers and Co. Ltd. was and still is the Managing Agent of the Company. Sankaracharyya Maitra was the Managing Director of the Managing Agency Company and as such he was and is ex officio Director of the Company. He became the ex Offico Director in 1946 and is still such a Director of the Company.2. The Company was started with a paid up capital of Rs. 12,000/- only. With this small capital the Company carried on business in a small way until 1951, from which year the volume of its business showed a phenomenal rise. The balance sheets from 1951 to 1961 disclose remarkable progress in the prosperity of the Company, The, gros...
Tag this Judgment!Commissioners for the Port of Calcutta Vs. General Trading Corporation ...
Court: Kolkata
Decided on: Sep-19-1963
Reported in: AIR1964Cal290,68CWN410
A.K. Mukherjea, J.1. This is an appeal against two judgments dated April 4, 1957 and February 6, 1959 respectively as well as a decree dated February 6, 1959 passed by Mallick, J. The suit was filed by a company called the General Trading Corporation, hereinafter called the plaintiff company, against the Union of India and the Commissioners for the Port of Calcutta. The present appeal is by the defendant No. 2, viz., the Commissioners for the Port of Calcutta who will be hereinafter referred to as the Port Commissioners.2. The facts on which the plaintiff Company have founded their claims against the defendants are shortly as follows: The General Trading Corporation Ltd. hereinafter referred to as the plaintiff Company were the consignee in respect of three consignments of woollen carpets consigned by Messrs. Obetee Ltd. On January 27, 1951, February 3, 1951 and February 5, 1951, respectively, 33 bales, 19 bales and 16 bales of woollen carpets were delivered by the said Messrs. Obetee ...
Tag this Judgment!Calcutta Credit Corpn. Ltd. and anr. Vs. His Royal Highness Prince Pet ...
Court: Kolkata
Decided on: Sep-19-1963
Reported in: AIR1964Cal374,68CWN554
D. Basu, J.1. This appeal arises out of a suit for damages, brought by respondent No. 1, for the destruction of his motor car owing to the alleged negligence of the Poddar Automobiles, defendant No, 2, to whom it was given for repairs.2. Respondent No. 1, a foreigner, who was, for the time being residing at Kalimpong, delivered his 1952 model Dodge Coronet Fluid Drive Sedan Body motor car for repairs to defendant No. 2, who had their repairing garage near Siliguri town, on October 23, 1953. White the car was thus. In the custody of the said defendant, it was burnt by fire on the midnight of 6-11-53. Respondent brought this suit on the allegation that the fire, which had reduced his ear into a mass of scrap and rendered it useless, had been caused by the negligence of the garage (defendant No. 2) and its employees. He tentatively claimed Rs. 23,000/- as damages, craving leave-to pay any additional Court-fee on any higher amount that might be eventually assessed by the Court on that acco...
Tag this Judgment!Indian City Properties Limited Vs. Commissioner of Income-tax (Central ...
Court: Kolkata
Decided on: Sep-19-1963
Reported in: [1965]55ITR262(Cal)
K. C. SEN J. - Indian City Properties Limited, Calcutta, is the assessee. At it instance the following questions of law have been referred to this court under section 66(1) of the Income-tax Act, 1922, hereinafter referred to as the 'Act'.'(1) Whether, on the facts and in the circumstances of the case, the assessment of rent income of the company should be made under section 9 and not under section 10 of the Income-tax Act ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in not allowing the depreciation on the buildings in question (3) If the answer to question No. (1) is in the affirmative, whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the proportionate remuneration payable to the managing agent in respect of their rendering services in relation to the aforesaid property was not allowable under section 9 of the Income-tax Act (4) Whether, in the assessment years 1953-54 and 1954-55,...
Tag this Judgment!Rash Mohan Chatterjee and ors. Vs. the Controller of Estate Duty, W. B ...
Court: Kolkata
Decided on: Sep-18-1963
Reported in: AIR1964Cal160,68CWN152,[1964]52ITR1(Cal)
Sankar Prasad Mitra, J.1. This is a reference under Section 64(1) of the Estate Duty Act, 1953. It relates to the Assessment of Estate duty on the accountable persons of the estate of Ratan Mohan Chatterjee, who died on the 11th July, 1959. The deceased was the absolute owner, inter alia, of premises No. 1, Queens Park, Calcutta. On July 1, 1954, he gifted this property by way of settlement on four trustees namely Rash Mohan Chatterjee, Loke Mohan Chatterjee, Asoke Kumar Banerjee and P.K. Ghose for the objects mentioned in the Indenture of Trust. The trustees were to hold the property for the absolute use and benefit of the deceased's two sons, Rash Mohan Chatterjee and Loke Mohan Chatterjee, in equal shares during their respective lives and upon the death of any of or both the sons, to be held for the use of the wife or wives of such son or sons with remainder to the male children of the two sons in equal share per stirpes. Provision had been made in the deed of settlement empowering ...
Tag this Judgment!State of Punjab Vs. A.K. Raha (Engineers) Ltd.
Court: Kolkata
Decided on: Sep-18-1963
Reported in: AIR1964Cal418
Bachawat, J. 1. This is an appeal by the defendant State of Punjab against a decree directing an enquiry as to the amount due and payable to the plaintiff Company in respect of their claim as mentioned in paras. 6, 7 and 8 of the plaint.2. Under paragraph 6 of the plaint the plaintiffs claimed a sum of Rs. 31,949-12 as. on account of excess deductions from running bills and under paragraphs 7 and 8 of the plaint they claimed a sum of Rs. 3,35,211-12 as. on account of the price of work done, refund of security deposit and damages as in the schedule to the plaint. The claim for damages as mentioned hereafter has been abandoned and given up before us. The plaintiff's claim as it stands now is for the refund of the security deposit and for the price of work done under the contract between them and the defendant. Under the contract the plaintiffs undertook to construct for the defendant a broad guage Railway tunnel on the Bhakra Nangal Canal Railway. The contract was between the plaintiffs,...
Tag this Judgment!Jibaneswar Bose and ors. Vs. A.B. Mukherjee and ors.
Court: Kolkata
Decided on: Sep-16-1963
Reported in: AIR1964Cal45
ORDERB.N. Banerjee, J. 1. There are, on the northern and eastern sides of Calcutta, certain canals, which are navigational canals. Of them one is known as the Circular Canal, which runs on the northern and eastern sides of Calcutta, between River Hooghly and Orange Sura at Dhapa. Another canal is known as the New-cut Canal, which takes off from Circular Canal at Ultadanga and terminates at its outfall into the Central Lake Channel, near Dhapa lock. There are also other canals,, with which I am not concerned in this Rule. The two canals abovenamed were excavated respectively in the years 1829 and 1859. The two canals formedpart of a navigational canal system, operated mainly for the purpose of maintaining communication between Calcutta and East Bengal. The navigational canals above named, falling within the limit of West Bengal, lost their importance as a line of inland navigation for boat traffic, after the partition of Bengal, in the year 1947. 2. Calcutta, as is well known, is a grow...
Tag this Judgment!Sudhanshu Sekhar Roy and ors. Vs. Regional Transport Authority, Howrah ...
Court: Kolkata
Decided on: Sep-16-1963
Reported in: AIR1964Cal344
ORDERB.N. Banerjee, J.1. The petitioners are nine in number. The say that they have been running contract carriages on Bagnan-Shyampur route. On August 23, 1961, the Regional Transport Authority, Howrah, published an advertisement inviting applications for permits for light buses to ply on Bagnan-Shyampur route. According to the advertisement seven such permits were to be granted. The petitioners applied for such permits so also did others. At a meeting held on October 31, 1961, the Regional Transport Authority considered a report of an alleged screening Committee and in accordance with the said report granted one permit each to respondents Nos. 3 to 10 and refused permits to the petitioners. The petitioners challenged the legality of the selection In Civil Rule No. 1181 (W) of 1961, which Rule was disposed of by this Court, on February 9, 1962, with the 'following observations;'This Rule is disposed of on a short ground because of an important concession which Mr. Nirmal Chandra Chakr...
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