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Kolkata Court December 1968 Judgments

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Dec 03 1968

Shyamlal Purohit and anr. Vs. Jagannath Ray and anr.

Court: Kolkata

Decided on: Dec-03-1968

Reported in: AIR1969Cal424

Sinha, C.J.1. This is an appeal against an order whereby Ray, J. dismissed the application made by two shareholders of a company in liquidation, for setting aside of a sale under Order 21, Rule 90 of the Code of Civil Procedure. The facts are briefly as follows: Bhagawandas Kalla, Gobordhandas Kalla and Bulakidas Kalla were the owners of a piece of land measuring 5.87 acres with structures at Lillooah (hereinafter referred to as the 'said Lillooah property'). In January, 1957 the Kalla properties and Industrial Corporation Ltd. were incorporated under the Indian Companies Act (hereinafter referred to as the 'said Act'). It is stated that one of the primary objects of the said company was to take over the said 'Lillooah Property' and premises No. 143/1/1, Cotton Street in Calcutta. The company had a nominal capital of rupees one crore divided into 5000 shares of 5 per cent tax free cumulative preference shares of Rs. 100 each and 9,50,000 equity shares of Rs. 10 each. The paid up capita...


Dec 03 1968

Workmen of Bengal Paper Mills Co. Ltd. Vs. Bengal Paper Mills Co. Ltd. ...

Court: Kolkata

Decided on: Dec-03-1968

Reported in: (1970)IILLJ467Cal

A.K. Sinha, J.1. This Rule was issued at the instance of the petitioners for cancellation of an award made by the respondent No. 2 in respect of certain disputes relating to payment of incentive bonus by respondent No. 1.2.Briefly, the facts set out are as follows:The petitioners are workmen in the clerical and supervisory staff of M/s. Bengal Paper Mills Co. Ltd. (hereinafter referred to as the Company). They are represented by a registered Trade Union named 'The Bengal Paper Mill Mazdoor Union' as its members. The company which is a highly prosperous concern pays incentive (production) bonus to the workmen upon production of finished paper.3. Sometime in 1959 a dispute arose between the company and above workmen over the quantum of incentive bonus payable to them. By an agreement made on 24th October, 1959 between the parties a scheme was introduced for a short period up to 31st December. 1962 for payment of such incentive bonus which provided inter alia for such payment at the rate ...


Dec 02 1968

RamnaraIn Bhojnagarwalla Vs. Income-tax Officer, A-ward and anr.

Court: Kolkata

Decided on: Dec-02-1968

Reported in: [1970]77ITR653(Cal)

1. The petitioner, Ramnarain Bhojnagarwalla, was assessed to income-tax for the assessment year 1948-49 in the usual course. Thereafter, on or about the 19th March, 1965, the Income-tax Officer, A-Ward, District IV(i), Calcutta, the respondent No. 1 herein, addressed a letter to the petitioner stating therein, inter alia, that in the course of inquiries, it has been found that the petitioner operated a bank account in the United Commercial Bank Ltd , 2 Royal Exchange Place, Calcutta, in the name of his nephew, Madhanlal Agarwalla, of 12, Nirmal Lohia Lane. It was further stated that it has been found that the petitioner had been operating the said account by getting his nephew, Madanlal Agarwalla, to sign cheques and other papers with regard to the said account and that there was evidence to suggest that the said account belonged solely to the petitioner. According to the said letter, diverse amounts had been put in the said account in the accounting year 1947-48 corresponding to theas...


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