Kolkata Court February 1969 Judgments
Soorajmull Nagarmal Vs. Golden Fibre and Products
Court: Kolkata
Decided on: Feb-24-1969
Reported in: AIR1969Cal381
S.C. Ghose, J.1. This is an application by the petitioner, inter alia, for setting aside or revocation of the decree dated November 25, 1968; upon the said decree being set aside, for setting aside of the Award dated June 4, 1968 passed by the Bengal Chamber of Commerce and Industry in case No. 210 of 1967. The petitioner is partnership firm and carries on business under the name and style of Shree Hanuman Jute Mills. The petitioner in the name of the said jute mills agreed to purchase from the respondent and the respondent agreed to sell to the petitioner on March 5, 1965 Siam Mesta Habijabi (1964-65 crop) of 100 tons (1016 Kg) at Rs. 156 per bale of 400 Ibs, gross delivery Mill jetty. A letter dated March 5, 1965 written by the respondent confirming the sale of the said goods and recording the terms and conditions of such sale has been annexed as Annexure 'A' to the petition. The said contract between the parties contains an arbitration clause which is set out hereunder:'Arbitration ...
Tag this Judgment!Bratindra Nath Dey Vs. Sukumar Ch. Dey
Court: Kolkata
Decided on: Feb-21-1969
Reported in: AIR1970Cal85
Masud, J.1. This is an application on behalf of Bratindra Nath Dey, a grandson of the deceased testator for the grant of Letters of Administration to the estate of the deceased. The testator Triguna Charan Dey also known as Joy Chandra Dey died on the 27th of October 1959 at his residence at Dey Para in Chinsura in the district of Hooghly leaving the following persons as his legal heirs and near relations:--(a) Sm. Sorojinibala Dassi, widow (b) Sri Madhusudan Dey, son (c) Sm. Bala Singh, Daughter (d) ' Parbati Bala Addya, Daughter (e) 'Lalitabala Dassi, widow of a predeceased son Debi Charan Dey who died on 15-2-57. (f) Sri Nirod Baran Dey, grandson of the testator through the said Debi Charan Dey and who died unmarried on 16-7-60. (g) Sri Sukumar Chandra Dey, son of the said Debi Charan Dey. (h) Sri Dilip Kumar Dey, son of the said Debi Charan Dey. (i) Sm. Sandha Dey, minor daughter of the said Debi Charan Dey. (j) Sri Golok Behari Dey, minor son of the said Debi Charan Dey. The sa...
Tag this Judgment!Shib Kumar Dutta Vs. Appellate Sub-committee of the State Transport Au ...
Court: Kolkata
Decided on: Feb-19-1969
Reported in: AIR1970Cal174
ORDERA.K. Sinha, J.1. In this Rule, the petitioner prays for quashing certain orders made by the Regional Transport Authority, respondent No. 2 and affirmed by the Appellate sub-committee of the State Transport Authority, the respondent No. 1 cancelling the petitioner's permit relating to his vehicle No. WBT 1709 (Landmaster Baby Taxi) as a contract carriage. The facts briefly are:2. The petitioner was granted the above permit some time in August 1956. Since then he had been using the said Taxi Cab for the purpose of serving the public convenience. By a notice dated October 28, 1964, the Secretary of the respondent No. 2 directed the petitioner to show cause against a proposed cancellation of the said permit under Section 60(1)(a) & (c) of the Motor Vehicles Act, 1939 (referred to herein as the Act).3. The petitioner furnished an explanation in which he denied that he ceased to own the vehicle but admitted that he had changed the garage from 137/3, Upper Circular Road No. 7. Ganapat Ba...
Tag this Judgment!Sohanlal Ruia and anr. Vs. Kedarnath Purushottamdas and Co. Private Lt ...
Court: Kolkata
Decided on: Feb-18-1969
Reported in: AIR1969Cal516
B.C. Mitra, J.1. This appeal is directed against an order dated June 7, 1966 whereby the appellants' application for recalling and/or setting aside a decree dated April 7, 1966, was dismissed.2. The suit in which the decree wag passed, was called on for hearing on March 25, 1966. The witness of the respondent No. 1 (plaintiff in the suit) Murlidhar Jhunnjhunwalla was examined and his cross-examination was concluded on March 31, 1966. On the same day Ishwari Prasad Ruia the appellant No. 2 was examined as a witness on behalf of the defendant but his cross-examination was not concluded on that day. The suit was thereafter not called on for hearing until April 7, 1966. On that day the examination of the appellant No. 2 was concluded. The next witness on behalf of the appellants was one Debi Prosad Bajoria, but this witness was not present in Court when the cross-examination of the appellant No. 2 was concluded. According to the appellants Debi Prosad had informed them in the morning of th...
Tag this Judgment!Deputy Secretary, Ministry of Finance, Dept. of Revenue and Company La ...
Court: Kolkata
Decided on: Feb-18-1969
Reported in: [1970]40CompCas83(Cal),73CWN446
B.C. Mitra, J.1. The respondent is the managing agent of several companies incorporated under the Indian Companies Act and mentioned in paragraph 1 of the petition. On April 11, 1963, an order was made by the Central Government in exercise of the powers conferred by Sub-clauses (i) and (ii) of Clause (b) of Section 237 of the Companies Act, 1956 (hereinafter referred to as ' the Act '). In this order it was recited that whereas the Central Government was of the opinion that there were circumstances suggesting that the business of the respondent was being conducted with intent to defraud its creditors, members and other persons and the persons connected in the management of the respondent's affairs had in connection therewith been guilty of fraud, misfeasance or other misconduct towards the respondent or its members or other persons and whereas the Central Government considered it desirable that an inspector should be appointed to investigate the affairs of the respondent and to report ...
Tag this Judgment!Smt. Santimoyee Bose and ors. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-17-1969
Reported in: [1969]74ITR133(Cal)
Sabyasachi Mukharji, J.1. This reference arises out of the assessments for two assessment years, i.e., 1955-56 and 1956-57, for which the corresponding accounting periods were the financial years ending 31st March, 1955, and 31st March, 1956, respectively. The assessees are Smt. Santimoyee Bose, the widow, Smt. Rekha Bose, Smt. Ella Bose, Sri Asoke Bose, Sri Ajoy Bose, Sri Amit Bose and Sri Arabinda Bose, the daughters and sons of one Bhupendra Nath Bose, deceased. They have been assessed in the status ofan 'association of persons'. It appears that a suit being Suit No. 4059 of 1948 was filed in the High Court at Calcutta in December, 1948, by Smt. Santimoyee Bose on behalf of self and as the guardian and next friend of her six children, Rekha Bose, Ella Bose, Asoke Bose, Ajoy Bose, Amit Bose and Arabinda Bose, who were then minors, against her husband, Bhupendra Nath Bose, claiming for separate residence and suitable maintenance including arrears of maintenance for herself and her chi...
Tag this Judgment!Bhulu Mia Vs. the State
Court: Kolkata
Decided on: Feb-14-1969
Reported in: AIR1969Cal416,1969CriLJ1553
Das, J.1. This is an appeal against convictions under Sections 3 (1), 3 (2) (a) 3 (2) (b), 7 (2) (a) and 7 (2) (b) of the Suppression of Immoral Traffic in Women and Girls Act, 1956. Appellant was sentenced to rigorous imprisonment for one year under Section 3 (1) of the Act. No separate sentence was passed on other heads of charges.2. The prosecution case is as follows: On June 14, 1960, A.K. Gupta, Assistant Commissioner of Police acting on a prior information raided premises No. 149, Masjidbari Street, Calcutta, and arrested the appellant and three others, Radhika, Sakina and Mira. A case under Section 366A of the Indian Penal Code was then started against Radhika. On October 12, 1960, the said Assistant Commissioner of Police submitted a written complaint in terms of which a formal first information report was drawn up against this appellant, Sakina Bibi and Mira Shaw alias Mahboob, the last two were discharged by the Magistrate on police report during investigations. It is alleged...
Tag this Judgment!Commissioner of Income-tax Vs. Chunilal Hemraj
Court: Kolkata
Decided on: Feb-14-1969
Reported in: [1970]78ITR193(Cal)
Sabyasachi Mukharji, J. 1. The assessee, Messrs. Chunilal Hemraj, has been assessed in the status of an unregistered firm in respect of the assessment year 1958-59, corresponding accounting year being 1364 B.S. The said assessment was made ex parte on March 14, 1962, under Section 23(4) of the Indian Income-tax Act, 1922. The said assessment was made under Section 23(4) because of the failure of the assessee to comply with the notices under Sections 22(2) and 22(4) of the Indian Income-tax Act, 1922. On May 9, 1962, an application was made under Section 27 of the said Act before the Income-tax Officer requiring the Income-tax Officer to reopen the assessment made under sectiom 23(4) and to make a fresh assessment on the ground that the assessee was prevented by sufficient cause from complying with the notices under Section 22(2) and 22(4) of the Indian Income-lax Act, 1922* It was admitted in the said petition under Section 27 of the Indian Income-tax Act, 1922, that the notice under S...
Tag this Judgment!Commissioner of Income-tax Vs. Kallu Babu Lalchand
Court: Kolkata
Decided on: Feb-12-1969
Reported in: [1969]73ITR138(Cal)
Sabyasachi Mukharji, J.1. The relevant corresponding previous years for assessment years 1951-52, 1952-53 and 1953-54 are Dewali years 2007, 2008 and 2009 respectively. The assessee is a Hindu undivided familyconsisting of two brothers, Sri B. K. Rohatgi and Sri R.K. Rohatgi, and their families. A limited company called the India Electric Works Ltd. was incorporated some time in 1930. Under Article 132 of the articles of association of the aforesaid company, Sri R. K. Rohatgi was appointed the first managing director of the company and in accordance with the aforesaid article an agreement was entered into between the company and Mr. Rohatgi on the 31st January, 1934, under which Mr. Rohatgi was appointed the managing director, at an annual remuneration or a commission whichever might be higher. Until the assessment year 1943-44 the assessee-Hindu undivided family included the remuneration of Sri Rohatgi as managing director in its total income and was assessed accordingly. For the asse...
Tag this Judgment!Commissioner of Income-tax, West Bengal I Vs. East Coast Commercial Co ...
Court: Kolkata
Decided on: Feb-12-1969
Reported in: [1970]75ITR8(Cal)
SABYASACHI MUKHARJI J. - The assessment years involved in this reference are 1952-53, 1953-54 and 1955-56, corresponding accounting years being 17th July, 1950 to 29th October, 1951, 30th October, 1951, to 17th October, 1952 and 6th November, 1953 to 1st July, 1954, respectively.The members of the Kedia family held substantial interest both on the assessee-company and in Messrs. Anderson Wright Ltd. Messrs. Anderson Wright Ltd. were appointed managing agents of Messrs. Khardah Co. Ltd. from 1st July, 1948. The total number of issued ordinary shares of Messrs. Khardah Co. Ltd. were 54,000 of the face value of Rs. 100 each. 32,680 of these shares were held by one Mrs. Flora Meyer either in her own name or in the names of her nominees. 9,637 shares were held by Messrs. Anderson Wright Ltd., and the balance by several other persons. Some time in April, 1950, Messrs. Anderson Wright Ltd. purchased all the shares of Mrs. Flora Meyer at a price of Rs. 300 per share. The total price thus came ...
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