Kolkata Court February 1964 Judgments
Partabmull Rameshwar Vs. Fulchand Kanahiyalal and Co.
Court: Kolkata
Decided on: Feb-28-1964
Reported in: AIR1964Cal452,68CWN586
ORDERD.N. Sinha, J.1. There are six petitioners in this application. The petitioner No. 1 is a partnership firm, bearing the name and style of 'Partabmull Rameshwar'. It is registered under the Indian Partnership Act. The remaining five petitioners are its partners. They are also partners of a partnership firm carrying on business under the name and style 'Shree Mahadeo Jute Mills Co.' This latter firm is the owner of a jute mill and factory. The firm is not registered under the Partnership Act, Originally, the petition was filed in the firm name of Partabmull Rameshwar, stating that it carried on business under the name and style of 'Shree Mahadeo Jute Mills Co.' The fact is that those partners carry on business of partnership under the name and style of 'Partabmull Rameshwar' which is the main business, but they also carry on various subsidiary businesses under different names, including that of 'Shree Mahadeo Jute Mills Co.' While the main firm of Partabmull Rameshwar is registered ...
Tag this Judgment!Mohan Lal Sharma Vs. Jasjit Singh and ors.
Court: Kolkata
Decided on: Feb-28-1964
Reported in: 1965CriLJ379
G.K. Mitter, J.1. This is an appeal from an order-discharging a Rule Nisi for the issue of a writ in the nature of certiorari against several Additional Collectors of Customs and the Union of India. The Rule was directed against an order passed on August 9, 1956 imposing a personal penalty of Rs. 33,050/-under Section 187(8) and (3) of the Sea Customs Act on Sharma & Sons.(2) The petitioner, the appellant before us, carried on business under the name and style of 'Sharma & Sons' at No. 1/1, Jagmohan Lane, Calcutta in oil cakes and foodgrains. At the material time he held a licence allowing him to export Sesame Cake of a certain value. With the help of this licence a consigment of 1070 bags declared to contain 76 tons 8 Cwt. 2 Qts. 8 lbs. of oil cake worth Rs. 19871/7/-was put on board the Indian Navigator under cover of a shipping bill dated September 30, 1955 issued in favour of Sharma & Sons. Investigation made by the Customs Authorities revealed that the bill of lading for the goods...
Tag this Judgment!Sukumar Chatterjee Vs. Kiran Chandra Mitter
Court: Kolkata
Decided on: Feb-26-1964
Reported in: AIR1964Cal439
D. Basu, J.1. In this application under Section 115 of the C. P. Code against an order, refusing a prayer for amendment of the written statement, passed by the learned Judge of the City Civil Court, 7th Bench, on September, 17, J9S3, a preliminary objection has been raised that revision under Section 115 does not lie from an order granting or refusing amendment of pleadings because by such order there is no 'case decided' within the meaning of the section.2. In support of this objection, reliance has beenplaced by the learned Advocate for the Opposite Partyon certain decisions of the Allahabad, Lahore and SindHigh Courts (such as Dassuma v. Kundanmal, AIR 1946Sind 36), where it has ueen held that an order made underOrder 6, Rule 17 of the C. P. Code is trot revisable under Section 115. ;3. The broad principle on which these decisions resl is that a 'case decided' in Section 115 means the decision of the claim in a suit, so that an amendment of a pleading, which does not dispose of the ...
Tag this Judgment!Murari Mohan Ghose Vs. Zonal Manager, Eastern Zone, Life Insurance Cor ...
Court: Kolkata
Decided on: Feb-20-1964
Reported in: AIR1964Cal388
P.B. Mukharji, J.1. This is an application under Article 226 of the Constitution by the petitioner, Murari Mohan Ghose against the Life Insurance Corporation of India and other persons associated with that Corporation. The petitioner seeks for a Mandamus upon the respondents to cancel, rescind and withdraw the orders contained in the letters Nos. Dev/AN dated the 4th December, 1958. ADM/DEV/15037 dated the 20th June, 1939 and Dev/AG/16481 dated 6/7th July, 1959, directing him in effect to act as Field Officer. These letters are annexed as G, J and K to the petition.2. The letter of the 4th December, 1958, informed the petitioner that his services had been transferred from National Fire & General Insurance Co. Ltd., Calcutta to the Corporation once again and he was placed under City Branch Unit No. 4 as Field Officer with effect from 1-12-58. It also says that he would be paid remuneration on the existing terms till he was categorised on the basis of his performance from 1-12-58 to 30-1...
Tag this Judgment!Tangail Textiles Ltd. Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Feb-17-1964
Reported in: AIR1965Cal220
ORDERP.B. Mukharji, J.1. This is an application by the petitioner company Tangail Textile Ltd. under Article 226 of the Constitution against the Union of India, the Chief Administrator, Rehabilitation Finance Administration, the Rehabilitation Finance Administration and the Certificate Officers of Districts Nadia and 24-Parganas of this State. The Rule is directed against the order to proceed against the petitioner under the Public Demands Recovery Act for realisation of a loan of Rs. 80,000/-. In fact two Certificates have been filed in this case for the total sum of Rs. 203401.62 nP. by the Union of India through the Rehabilitation Finance Administration with the Certificate Officer of Nadia as well as the Certificate Officer of 24-Parganas at Alipore and the Certificate has been filed against the guarantors of the Company, viz, (1) Aravinda Ghosh, (2) Kulundu Chandra Roy and (3) Satitosh Chandra De Talukdar. These two certificates are dated 26th December, 1959 and 20th June, 1959. T...
Tag this Judgment!Star Company Ltd. Vs. Commissioner of Income-tax (Central), CalcuttA.
Court: Kolkata
Decided on: Feb-17-1964
Reported in: [1965]58ITR149(Cal)
K. C. SEN, J. - This is a reference under section 66(1) of the Income-tax Act, 1922, hereinafter called the Act. The Star Company Limited, Calcutta, is the applicant before us and the following question of law has been referred to this court for its opinio :'Whether, on the facts and in the circumstances of the case, the Income-tax Officer was justified in passing an order under section 23A(1) of the Indian Income-tax Act on the assessee-company for the assessment years 1948-49 and 1949-5 ?'The assessment years are 1948-49 and 1949-50 and the corresponding accounting years ended on 31st March, 1948, and 31st March, 1949, respectively. The assessee is a company limited by shares. In the general meetings of the shareholders for the respective accounting years no dividends were declared, although sufficient profits were available for distribution. It was urged before the Income-tax Officer that it was a company in which 'the public were substantially interested' within the meaning of thir...
Tag this Judgment!Sunil Krishna Paul and Other Vs. Commissioner of Income-tax, West Beng ...
Court: Kolkata
Decided on: Feb-17-1964
Reported in: [1966]59ITR457(Cal)
K. C. SEN J. - In this reference under section 66(1) of the Income-tax Act, 1922 (hereinafter called the Act), the following question of law has been referred to this court for its opinion :'Whether, on the facts and in the circumstances of the case, there was any partnership in the year of account within the meaning of section 4 of the Indian Partnership Act, which is entitled to registration under section 26A of the Indian Income-tax Act ?'The facts which gave rise to the above question are briefly stated as follows :Anil Krishna Paul and Jogendra Nath Nandi had acquired a right of receiving commission of 1% on sales from Messrs. Annapurna Cotton Mills. The said Jogendra Nath Nandi died on the 7th June, 1950. Along with Anil Krishna Paul, he entered into an agreement dated 26th January, 1950. The benefits of the agreement were transferred in favour of the applicants, Sunil Krishna Paul and Amar Krishna Poddar, by a deed of assignment dated 10th December, 1951, executed by Anil Krishn...
Tag this Judgment!Lal Mohammad Biswas Vs. EmajuddIn Biswas and ors.
Court: Kolkata
Decided on: Feb-14-1964
Reported in: AIR1964Cal548
P.B. Mukharji, J.1. This Second Appeal raises an interesting question of law on the point of nonjoinder of parties. Before discussing this question of law it will be appropriate to set out briefly the relevant facts.2. The plaintiffs filed this suit for declaration of their right of easement, namely, a 'right of passage of carts' over a strip of land described in the plaint and for an injunction for removal of certain obstructions placed by the defendants on that passage. The plaintiffs' case was that from time immemorial they used the path themselves and took their cattle and carts along this way without interruption and openly and as of right for over 20 years. They also claimed this passage as an easement of necessity. It was alleged in the plaint that the defendants illegally blocked the passage by placing an old hut at two portions one in the south-west of plot No. 882 and the other in the middle of the pathway on plot No. 884. The plaintiffs are the owners of plot Nos. 886 and 88...
Tag this Judgment!Shalagram Jhajharia Vs. National Co. Ltd. and ors.
Court: Kolkata
Decided on: Feb-13-1964
Reported in: [1965]35CompCas706(Cal),69CWN369
Bose, C.J.1. This is an appeal from an order of A. N. Ray J. refusing an application for an interlocutory injunction restraining the passing of certain resolutions of a company known as National Co. Ltd. at the proposed annual general meeting of the company. The appellant is a shareholder of the National Co. Ltd, The case of the appellant is that in the middle of1961, the National Co. Ltd. purported to appoint in Calcutta one B.M.T. Commodity Corporation of New York State in the United States of America as its sole selling agent. After the said appointment the first general meeting of the National Co. Ltd. was held on July 17, 1961. On January 27,1962. the board of directors of the said company by an agreement in writing appointed the said B.M.T. Commodity Corporation as its sole selling agent for the sale of jute backing cloth and ordinary burlap over the width of hundred inches manufactured by the said company for the territories of the United States of America, its possessions, Cana...
Tag this Judgment!Gopal Chandra Sadhukhan Vs. Sheikh Jamsed and anr.
Court: Kolkata
Decided on: Feb-12-1964
Reported in: AIR1965Cal51,68CWN806
ORDERC.N. Laik, J.1. This Rule was obtained at the instance of the decree-holder and is directed against the Minsiff's order passed on an application filed by Opposite Party No. 1 under the provisions of Order 21 Rule 99 of the Code of Civil Procedure.2. The petitioner obtaining a decree for possession against Md. Omar (Opp. Party No. 2) In a suit for eviction in respect of a room which was the subject-matter of the tenancy started 1he execution on September 18, 1959. The petitioner was resisted by Opposite Party No. 1 and the Writ of possession was returned unserved. On November 9, 1959 the decree-holder petitioner filed two applications--one, praying for police help; and another, for possession, after breaking the padlocks of the door, if necessary on which inter alia the following order No. 2 was passed on November' 9, 1959 by the learned Munsiff:'The petition praying for Police help will be allowed on Rs. 37/6/- being deposited by 19-11-59. The petition praying for breaking open th...
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