Kolkata Court February 1965 Judgments
Syed Abdul Mansur Habibullah Vs. the Speaker, West Bengal Legislative ...
Court: Kolkata
Decided on: Feb-26-1965
Reported in: AIR1966Cal363,69CWN484
B.N. Banerjee, J.1. The petitioner, a member of the West Bengal Legislative Assembly, feels that the first session of the West Bengal Legislature, in the year 1965-66, has not legally begun and has moved this Court, under Article 226 of the Constitution, for a Writ of Mandamus upon respondents Speaker and Deputy Speaker of the West Bengal Legislative Assembly directing them to forbear and refrain from presiding over or guiding or conducting the business of the said Assembly and also for a Writ of Mandamus upon the respondent Assembly directing it to refrain from conducting any business until such time as the Assembly be properly begun and also for a declaration that the proceedings of the respondent Assembly, in so far pretended to be held from February 8, 1965, be declared to be void, illegal and of no effect. 2. The circumstances, in the background of which the petitioner has moved this Court, are hereinafter recounted in brief. The State of West Bengal has two Houses of Legislature,...
Tag this Judgment!Formica International Ltd. Vs. Caprihans (India) Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Feb-23-1965
Reported in: AIR1966Cal247,69CWN683
ORDERSankar Prasad Mitra, J. 1. This is an application for stay of all proceedings in Suit No. 1283 of 1964, pending the hearing and final disposal of an application to the Registrar of Trade Marks at the Calcutta Office of the Trade Marks Registry. The respondent No. 1 which is the plaintiff in the said suit has instituted the suit against the petitioner and other defendants praying for perpetual injunction restraining the defendants from infringing the plaintiff's registered trade mark consisting of the word ' Formica ' and from passing off goods which are not the plaintiffs goods as and for the plaintiff's goods and for other reliefs. The petitioner manufactures and sells goods by or under the mark ' Sunmica ''. 2. The plaintiff's mark has been registered in Clause 19 in respect of non-metallic laminated material for use in building andconstruction. The said suit being Suit No. 1283 of 1964 was instituted on the 13th July. 1964, Prior in the institution of the suit the petitioner on...
Tag this Judgment!Arati Paul Vs. Registrar O.S.H.C. and ors.
Court: Kolkata
Decided on: Feb-18-1965
Reported in: AIR1966Cal120
B.C. Mitra, J. 1. This appeal is directed against a judgment and order of Mallick, J., dated August 26, 1964, discharging a rule obtained by the appellant under Article 226 of the Constitution. The application in which the Rule Nisi was issued was an offshoot of litigation among the members of the family of one Srish Chandra Paul who died in 1930, leaving him surviving his widow, four daughters and four sons one or whom died during the mother's lifetime. The appellant is the youngest daughter of the said deceased. The widow executed a deed of gift in 1946 in favour of her three sons. She later instituted a suit in this Court being Suit No. 1045 of 1957 for cancellation of the deed of gift and for partition of the estate left by her deceased husband. She died in 1958 after having executed a will whereby she bequeathed her entire estate to the appellant and her youngest son, to the exclusion of her two other sons and the other daughters. The appellant was substituted in place of the dece...
Tag this Judgment!Nemai Mondal and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-18-1965
Reported in: AIR1966Cal194,1966CriLJ522
P.B. Mukharji, J. 1. This criminal appeal comes up before me for decision under Section 429 of the Criminal Procedure Code because two learned Judges of the Division Bench were equally divided in opinion Niyogi, J. was of the opinion that the appellants were guilty and should be convicted under Section 323/34 of the Indian Penal Code and under Section 148 of the Indian Penal Code. Das, J., on the other hand, was of the opinion that the conviction should he set aside. 2. Originally there were ten appellants. Both the learned Judges of the Division Bench, however, were unanimous that the conviction of the first appellant, Nemai Mondal alias Nemai Chandra Mondal under Section 326 of the Indian Penal Code and under Section 147 of the Indian Penal Code should be set aside as also the conviction of appellants Nos. 9 and 10, namely, Probodh Mondal and Kanai Mondal, under Section 147 of the Indian Penal Code. Therefore, appellants Nos. 1, 9 and 10 have been set at liberty and there is no diffe...
Tag this Judgment!Nizamul Haque Vs. Begum Noorjahan and anr.
Court: Kolkata
Decided on: Feb-17-1965
Reported in: AIR1966Cal465,1966CriLJ983
ORDERD.N. Das Gupta, J. 1. This revisional petition is directed against the order of a learned Magistrate of the first class, Burdwan granting under Section 488 of the Code of Criminal Procedure maintenance allowance to the opposite party No. 1, Begum Noorjahan and her child.2. On 2nd September, 1963 an application was filed under Section 488, Cr. P. C. by Begum Noorjahan claiming maintenance from her husband Nizamul Haque for herself and her child aged about three years. The case of Begum Noorjahan is that she was formerly a Hindu, that her name was Protima Das and that her father's name was Jatindra Nath Das and that she is a posthumous child. Sometime after her birth her mother being helpless married one Ziauddin Mullick, a Muslim. Begum Noorjahan was married to Nizamul Haque on the 27th May, 1960 according to Muslim rites. A child was born to her by Nizamul on the 12th December, 1960. One of the conditions incorporated in the Kabinnama at the time of the marriage was that her husba...
Tag this Judgment!State of West Bengal Vs. Kalicharan Mudi
Court: Kolkata
Decided on: Feb-17-1965
Reported in: AIR1965Cal638
Chatterjee, J. 1. This is a petition under Article 227 of the Constitution against an order passed by the Land Acquisition Collector on the 28th May, 1960. The Land Acquisition Collector passed an award, then he modified it. Against that order, Civil Rule No. 659/58 was issued and the Rule was made absolute by J.P. Mitter, J. It was found that the Land Acquisition Collector had no powers to amend his original award and the Rule was made absolute. Thereafter, the matter went back to the Collector who restored his original award on the basis of the judgment of the High Court as he understood it. Mr. B. C. Dutt on behalf of the State has urged that he could not restore the original award and if he did so, he was mistaken. According to Mr. Dutt, the original award was set aside by the Land Acquisition Collector and an amended award was then passed. The amended award in its turn was set aside by the High Court. Hence, the position was that the original award stood set aside by the order of ...
Tag this Judgment!Jardine Mills Agencies and anr. Vs. Neptune Navigation
Court: Kolkata
Decided on: Feb-16-1965
Reported in: AIR1966Cal84
Sinha, J.1. This is an appeal against an order passed by Datta J. on 10th April, 1962 whereby he dismissed an application made by the plaintiff for amendment of the plaint. The facts are shortly as follows: This appeal arisesin connection with suit No. 659 of 1961 (Jardine Mills Agencies and another v. Neptune Navigation) which was filed by the plaintiff appellants in this Court on 1st of May, 1961 against the defendant respondents. The cause title as appearing in the original plaint was as follows:1. Jardine Mills Agencies, a firm registered under the Indian Partnership Act and carrying on business at premises No. 4, Clive Row, Calcutta within the said jurisdiction. 2. Atlas Assurance Co. Ltd. a Company duly incorporated in England with limited liability and also carrying on business at 4, Clive Row, Calcutta, within the said jurisdiction--Plaintiffs.Versus Neptune Navigation, a firm registered under the Indian Partnership Act and carrying on business at Premises No. 133, Canning Stre...
Tag this Judgment!Dhone Gopal Mukherjee and ors. Vs. the Secretary, Land and Land Revenu ...
Court: Kolkata
Decided on: Feb-16-1965
Reported in: AIR1966Cal348
ORDERD. Basu, J.1. This petition under Article 226 is directed againstnotifications under Sections 4 and 6 of the West Bengal Land Development and Planning Act, 1948 (hereinafter referred to as 'the West Bengal Act') issued against the petitioners' lands in C. S. plots 639-642 and 694 of Mouza Rahara. and proceedings subsequent thereto. 2. Admittedly, these lands were, on the 21st of May, 1944, requisitioned by the Land Acquisition Collector, Respondent No. 5 under Rule 75A of the Rules framed under the Defence of India Act. 1939 as per annexure A. for providing accommodation to Mill workers who were dislodged by military personnel. Petitioners' case is that after the termination of World War II, the purpose for which the lands had been requisitioned ceased and, at the request of the petitioners to release the lands for their own use for their Rubber Factory the Government of WestBengal, by its letters of the 1st August, 1949 and the 9th February 1950, stated that the question of dereq...
Tag this Judgment!Mahammad Abbus Ali Vs. Indra Prakash Kapoor
Court: Kolkata
Decided on: Feb-11-1965
Reported in: AIR1965Cal626,1965CriLJ740,69CWN436
Sen, J. 1. This revisional application is at the instance of the complainant, Mahammad Abbus Ali for directing Sri S.N. Basu, Magistrate, 1st Class, Sealdah, District 24 Paraganas to try and dispose of case No. C. 1905 of 1961/ T. R. 782 of 1961, under Section 526 Sub-section (1) Clause (d), (e), (i) of the Code of Criminal Procedure. It is stated that the place where the offence under Section 420 of the Indian Penal Code is alleged to have taken place is at 8, Lower Circular Road, Calcutta. It is admittedly within the Original jurisdiction of this Court. Ordinarily this case ought to have, therefore, been tried in a court of a Presidency Magistrate at Calcutta on a complaint being filed before the Chief Presidency Magistrate. It is stated by the petitioner that after the evidence was gone into in this case by the learned Magistrate it came to his (Petitioner's) notice that the learned Magistrate had no territorial jurisdiction to try the case. Accordingly it is prayed that for the gen...
Tag this Judgment!National Tobacco Co. of India Ltd. Vs. Commissioner of Income-tax.
Court: Kolkata
Decided on: Feb-11-1965
Reported in: [1967]64ITR506(Cal)
MITTER J. - The question referred to us under section 66 (1) of the Income-tax Act is :'Whether, on the facts and in the circumstances of the case, the sum of Rs. 50,000 received by the assessee in consideration of consenting to the assignment of lease by Messrs. Godfrey Phillips (India) Ltd., in favour of Messrs. Blackwood Hodge (India) Ltd., is a revenue receipt taxable under the Indian Income-tax Act ?'The assessment year is 1950-51, the accounting year ending on December 31, 1949. The facts taken from the statement of the case are as follows : The assessee-companys business is dealing in the purchase and manufacture of tobacco and cigarettes. The Gramophone Co. Ltd. had given a lease of premises mentioned below to B. N. Elias & Co. Ltd. on June 17, 1941, which would terminate on February 27, 1957. On September 21, 1945, B. N. Elias & Company Limited executed and registered a lease in favour of Godfrey Phillips (India) Ltd., of a piece and parcel of land with buildings being premise...
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