Kolkata Court June 1967 Judgments
Commissioner of Income-tax, West Bengal Vs. Pioneer Trading Company Pr ...
Court: Kolkata
Decided on: Jun-29-1967
Reported in: [1968]70ITR347(Cal)
BANERJEE J. - This is a reference under section 66(1) of the Indian Income-tax Act.The year of assessment is 1959-60, corresponding to the accounting period ending with the calendar year 1958.The question of law referred to this court is :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding, that the sum of Rs. 22,627 was a speculative receipt within the meaning of Explanation 2 to the third proviso to section 24(1) of the Income-tax Act, 1922, and could not therefore be assessed as a business receipt ?'The reference to 'Explanation 2 to the third proviso to section 24(1)' is somewhat misleading. There is no third proviso to section 24(1) at present. There are only two, the first proviso having been omitted by Act XLI of 1954.Then again, Explanation 2 is referable to the second proviso, which is now really the first proviso, because the Explanation explains the expression 'speculative transaction' used in that proviso. We should, therefore, rea...
Tag this Judgment!LachminaraIn Jute Manufacturing Co. Ltd. Vs. Bangur Brothers Ltd.
Court: Kolkata
Decided on: Jun-28-1967
Reported in: AIR1968Cal330
ORDERRamesndra Mohan Datta, J.1. This is an application under Section 34 of the Arbitration Act 1940 for stay of the suit filed by the respondent Bangur Brothers Limited against the petitioner Shree Luchminarain Jute .2. The facts are that by exchange of a bought and a corresponding sold note by the broker a contract was entered into being contract dated February 2, 1967 whereby Bangur Brothers Limited purchased from the petitioner 40,000 bags of Heavy cees of the size, weight and description fully mentioned in the said contract. The said contract inter alia provided the following arbitration clause :--'(a) All matters, questions, disputes, differences and/or claims arising out of and/ or concerning and/or in connection with and/or in consequence of or relating to Transferable Specific Delivery Contracts, including the validity thereof whether or not the obligation of either or both parties under this contract be subsisting at the time of such dispute and whether or not this contract h...
Tag this Judgment!Shree Nursing Timber Works and anr. Vs. Sm. Amala Bala Dassi
Court: Kolkata
Decided on: Jun-27-1967
Reported in: AIR1969Cal12,73CWN522
Arun K. Mukherjea, J. 1. These are two appeals by two tenants against a judgment dated December 17, 1959 of the Judge, 4th Bench of the Court of Small Causes, Calcutta, by which a decree of eviction was passed against both the two defendants separately in favour of the same plaintiff, namely, Sm. Amala Bala Dassi, who is the respondent in both the appeals. M/s. Shree Nursing Electric Stores was the defendant in ejectment Suit No. 1403 of 1957 while Jiwandas Mundhra carrying on business under the name and style of Shree Nursing Timber Works was the defendant in Suit No. 1058 of 1957. The suits were heard analogously by the learned trial Judge along with another Suit, namely, Suit No. 1159 of 1957. All the three suits were ejectment suits on the grounds of default in payment of rent and also on the ground of the plaintiff's reasonable requirement of the premises in the possession of the respective defendants in the suits. All the suits were decided in favour of the plaintiff-respondent a...
Tag this Judgment!Rama Krishna Iyer Vaidyanathan Vs. Fifth Industrial Tribunal of West B ...
Court: Kolkata
Decided on: Jun-27-1967
Reported in: AIR1968Cal159,71CWN755,(1968)IILLJ597Cal
ORDERB.C. Mitra, J.1. The petitioner is a Chartered Accountant and is a partner of a firm carrying on business under the name of Ford Rhodes Parks & Company (hereinafter referred to as the Firm). Prior to September, 1958, the Firm employed at Calcutta about 19 audit clerks in order to carry out audit of the account of companies. The Firm also employed about six persons as subordinate staff.2. The petitioner's case is that since the coming into operation of the Companies Act, 1956, which introduced stringent provision as to the manner in which a company should keep its books, the partners of the Firm found that they could not rely on the audit clerks even for the work they used to do formerly and the Firm accordingly was compelled to employ qualified Chartered Accountants for that purpose. On September 30, 1958, the Firm terminated the employment of eight audit clerks and again on November 28, 1958, the services of the remaining 11 audit clerks and one member of the subordinate staff we...
Tag this Judgment!Indian Iron and Steel Co. Ltd. Vs. Commissioner of Income-tax West Ben ...
Court: Kolkata
Decided on: Jun-27-1967
Reported in: [1968]68ITR561(Cal)
BANERJEE J. - The assessee holds mining concessions for iron and manganese ores, in the District of Singhbhum, in Bihar. The ore extracted by the assessee is utilised solely for the manufacture of iron and steel and steel products at its own factories. No portion of the ore mined by the assessee is sold for profit to outsiders.For the years 1958-59 and 1959-60 (corresponding to the accounting years, ended, respectively, on March 31, 1958, and March 31, 1959), the Cess Deputy Collector of Singhbhum computed the annual profits from the mines of the assessee, on estimation basis, at Re. 1 per ton of iron ore and Rs. 1-4-0 per ton of manganese ore and determined the cesses payable by the assessee under the Cess Act (Bengal Act IX of 1880, as amended in Bihar), at Rs. 59,222 and Rs. 1,62,540, respectively. The imposition of this cess was objected to by the assessee, inter alia, on the ground that it was not liable at all to the levy of cesses, because it did not sell any ore and could not, ...
Tag this Judgment!Mathura Prosad Rajgharia Vs. Kanailal Mullick and ors.
Court: Kolkata
Decided on: Jun-22-1967
Reported in: AIR1968Cal170
T.P. Mukherji, J.1. This is an appeal filed with the leave of the court under Section 417(3) of the Criminal Procedure Code against the order of a Judge, Small Causes Court, Calcutta functioning as the appellate authority under Section 29 of the West Bengal Premises Tenancy Act 1956. The appellant is a tenant who made a complaint to the Rent Controller against the landlords - the present respondents - to the effect that they had wilfully stopped the supply of filtered and unfilter-ed water to his premises, that the supply was comprised in the tenancy and is essential thereto.2. The Rent Controller acting under 8. 31 of the West Bengal Premises Tenancy Act 1956 (hereinafter to be referred to as the Act) found that the allegation regarding Interference with the supply of filtered water had been proved and on this finding he imposed a fine of Rs. 200 on the landlords and directed them to deposit the amount in court within seven days. They were further directed to restore the supply of fil...
Tag this Judgment!Bhamar Singh Vs. the State
Court: Kolkata
Decided on: Jun-22-1967
Reported in: AIR1968Cal327
Chakrabarti, J. 1. This is an appeal under Clauses (b) and (c) of Section 411A (1) of the Code of Criminal Procedure. The appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life upon a trial held by the High Court with the aid of jury in the exercise of its original criminal jurisdiction.2. The facts that led to the trial are, briefly stated as follows: The appellant Bhamer Singh was the head durwan in the office of Sahu Jain and Co. at 11. Clive Row, Calcutta, the other durwans of the establishment being Bhagwan Singh, Swai Singh and the deceased Jasowant Singh. The company had a D.B.B.L. gun for being displayed by the durwans when on duty during day time. The retainer licence of the gun was in the name of Swai Singh alone, so, as a matter of fact, the gun used to be displayed during his turn of duty only. The gun and a belt of cartridges when not required for being displayed used to be kept in the accounts room o...
Tag this Judgment!M. M. Ispahani Ltd Vs. Commissioner of Income-tax, Central, CalcuttA.
Court: Kolkata
Decided on: Jun-22-1967
Reported in: [1968]69ITR714(Cal)
BANERJEE J. - The question referred to this court is, prima facie, attractive but loses its attraction on ultimate analysis. That question is :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the order under section 23A(1) of the Indian Income-tax Act, 1922, was rightly made on the assessee-company, which was a resident private limited company during the relevant previous year but had been converted into a non-resident public limited company before the date of the annual general meeting at which the accounts of the previous years were adopted ?'The question arises in the following circumstances : The assessee, M.M. Ispahani Limited, was incorporated as a private company on December 19, 1934. It used to have its registered office at No. 51, Ezra Street, in the town of Calcutta. A few months prior to the partition of British India and the setting up of the two Dominions of India and Pakistan, the assessee shifted on June 26, 1947, it...
Tag this Judgment!Gotham Construction Co. Vs. Amulya Krishna Ghose and ors.
Court: Kolkata
Decided on: Jun-21-1967
Reported in: AIR1968Cal91,72CWN717
Bijayesh Mukherji, J.1. This is an appeal by the defendant, Gotham Construction Co., a firm, against whom the trial judge, and on appeal, the appellate judge as well, have granted a decree, permanently restraining it 'from creating any sound nuisance in the workshop (of the firm) at 41 Jhautola Road arising out of hammering on steel or any other plates'.2. The appellant's workshop at 41 Jhautola Road is one for 'building the bodies of motor vehicles', as the averment in the second paragraph of the plaint is--an averment which the sixth paragraph of the appellant's written statement admits to be 'substantially correct'. Such is the admission too of the appellant firm's partner, Shri Haridas Goswami, as the 3rd witness for the defendant, in his evidence at the trial. Jhautola Road runs north to south. On the east of the road is '41' with the controversial workshop and also the residence of Shri Haridas Goswami and his family. Shri Bhudeb Sankhanidhi, the 3rd plaintiff (now the 3rd respon...
Tag this Judgment!Corporation of Calcutta Vs. Sankar Trading Co. and anr.
Court: Kolkata
Decided on: Jun-20-1967
Reported in: 1968CriLJ1532
T.P. Mukherjee, J.1. The Corporation of Calcutta filed this appeal with the leave of the Court under Section 417(3) of the Criminal P.C., against the acquittal of the respondents under Section 16(1)(a)(i), read with Section 7(1) of the Prevention of Food Adulteration Act, 1954, by a municipal magistrate of Calcutta, The subject matter of the prosecution was Ajowan or Paychotis which, according to the prosecution, was adulterated in the sense that it contained dirt and sandy matter which affect injuriously the nature, substance and quality of Ajowan.2. The defence was that the article concerned was kept in the shop as a drug and not as an article of food.3. Respondent No. 1 is a shop dealing in rise, spices and other food stuffs and respondent No. 2 is the proprietor who was present in the shop at the time it was visited by the food inspector find who sold the sample of Ajowen that was demanded by the food inspector.4. The learned municipal magistrate found that the article in question ...
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