Kolkata Court March 1968 Judgments

Commissioner of Income-tax, Calcutta Vs. Kejriwal Traders.

Court: Kolkata

Reported in: [1969]71ITR463(Cal)

P. B. MUKHARJI J. - The Commissioner of Income-tax called for this reference from the Tribunal. The question arising for an answer by this court on this reference under section 66(1) of the Income-tax Act is as follows :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that registration under section 26A of the Indian Income-tax Act should be granted to the assessee with reference to the portion of the relevant accounting year commencing from the 1st February, 1957, and ending on the 30th September, 1957 ?'The facts giving rise to this question are as follows : The assessment year in this case is 1958-59 and the relevant previous year is from February 1, 1957, to December 31, 1957. The assessee claims to be a firm constituted under a partnership deed dated the 18th April, 1957, and applied for registration of that instrument of partnership under section 26A for the relevant assessment year. There were four partners to this deed of partnershi...

Santi Ranjan Sen Gupta Vs. A.K. Dutta and ors.

Court: Kolkata

R.N. Dutt, J.1. This Rule is against an order made by the Sub-Divisional Magistrate, Barasat, dismissing the petition of complaint filed by the petitioner against the opposite parties 1 to 5.2. The petitioner alleged that on February 29, 1964, at 3 P.M. the petitioner along with some other persons were holding some consultations and discussions for finding out ways and means of ensuring the safety and security and welfare of the local people inside a room of Kalyangarh Balika Vidyalaya when the opposite parties Nos. 1 to 5, opposite party No. 1 being the Additional Superintendent of Police, 24-Parganas, Opposite Party No. 2 being the Asst. Commandant, Eastern Frontier Rifles, opposite party No. 3 being a Sub-Inspector of Police, Habra, opposite party No. 4 being an Assistant Sub-Inspector of Police, District Intelligence Branch, Barasat, and some other police men trespassed into the said building, dragged the persons holding the discussions, manhandled and assaulted them.3. The petitio...

Parekh Brothers Vs. Kartick Chandra Saha and ors.

Court: Kolkata

Reported in: AIR1968Cal532

Arun K. Mukherjea, J.1. This is an appeal from a judgment and decree dated Januarv 11 1963 passed by the Judge. 6th Bench City Civil Court by which the defendant was ordered to be evicted from a flat in Bentinck Street. The facts and circumstances of the case are briefly as follows:2. Sometime in October, 1959 the defendant became a tenant in respect of a flat in the second floor of premises No. 29B, Bentinck Street. Calcutta (hereinafter referred to as the said premises) at a monthly rent of of 95 per month. The flat consisted of two rooms The rent was pavable according to the English calendar month. There is some controversy as to who exact-tv were thf landlords and also as to the manner in which the rent was payable. The plaintiffs' case is that there were three landlords viz. Kartick Chandra Saha, Ganesh Chandra Saha and Tarak Chandra Saha and that rent was pavable in advance within the 5th o every current month. According to the defendant on the other hand Kartick Chandra Saha alo...

Commissioner of Gift-tax, West Bengal Ii Vs. Atrilal P. Mewar.

Court: Kolkata

Reported in: [1968]70ITR225(Cal)

K. L. Roy J. - This is a reference under section 26(1) of the Gift-tax Act, 1958, hereinafter referred to as the 'Act'. On March 5, 1960, the assessee made a gift of 312 shares in East Ganhodi Colliery (P.) Ltd. of the face value of Rs. 100 each to his son who had attained majority. In his return the assessee valued these shares at their face value. The Gift-tax Officer found that the shares of the company were not question were not quoted in the stock exchange and proceeded to value these shares on the break up value method on the basis of the latest available balance-sheet of the company as on June 30, 1960. He found that the total value of the assets, as disclosed in the balance-sheet, was Rs. 29,05,365 and, deducting therefrom the liabilities and provisions in the balance-sheet amounting to Rs. 6,91,370, he arrived at the net wealth of the company at Rs. 22,13,995. Dividing this amount by 5,000, being the total number of subscribed shares, he arrived at a valuation at Rs. 443 per s...

Coal Products Private Ltd. Vs. Ram Autar Jalan

Court: Kolkata

Reported in: [1969]39CompCas223(Cal),72CWN805

Ray, J. 1. This appeal is from the order of Sen J., dated 7th September, 1967. The order was made on a notice of motion dated September 12, 1966, taken out by the plaintiff. The plaintiffs, inter alia, asked for an order of injunction restraining Ram Autar Jalan from in any -way operating the current account in the name of the Coal Products Private Limited with the United Commercial Bank Ltd., Burrabazar Branch, Calcutta, till the disposal of the suit and an injunction restraining Ram Autar Jalan from withdrawing and/or in any way dealing with or disposing of the amounts lying in the current account in the name of Coal Products Private Ltd. with the United Commercial Bank Ltd., Burrabazar Branch, Calcutta, till the disposal of the suit and an injunction restraining Ram Autar Jalan from acting as director of or dealing with the funds of or using the seal of or otherwise interfering in the management of the company till the disposal of the suit. 2. There were several prayers in the notic...