Kolkata Court August 1969 Judgments
Dhirendra Nath Sen and anr. Vs. Rajat Kanti Bhadra
Court: Kolkata
Decided on: Aug-29-1969
Reported in: AIR1970Cal216,1970CriLJ662
ORDERN.C. Talukdar, J.1. This Rule is for quashing the proceedings under Section 500 of the Indian Penal Code, pending before Sri K.K. Roy, Magistrate, 1st Class, Cooch Behar, in Case No. C.R. 28 of 1966 under Section 500 I.P.C. as not maintainable in law and on merits.2. The facts leading on to the Rule are chequered but can be put in a short compass. The complainant, Rajat Kanti Bhadra, who described himself as a member of the Shoulmari Ashram, filed a complaint under Section 500 I.P.C, in the Court of the learned Sub-Divisional Magistrate, Cooch Behar against two accused persons viz., Sookomal Kanti Ghosh, Editor of a Bengali Daily called the 'Jugantar' and Dhirendranath Sen, the printer and publisher of the same. The impugned publication is an item of news purported to have been served by the P.T.I, and U.N.I, and appeared in the issue of the Jugantar dated the 7th December, 1965, under the sub-heading 'Shoulmari Sadhu', the English translation whereof is as follows: 'The Foreign M...
Tag this Judgment!Sukamal Kanti Ghosh Vs. Shoulmari Ashram and anr.
Court: Kolkata
Decided on: Aug-29-1969
Reported in: AIR1970Cal248,1970CriLJ809
N.C. Talukdar, J. 1. This Rule is connected with the other Rule disposed of by me viz.. Criminal Revision Case No. 1244 of 1967 and is for quashing the proceedings under Section 500 of the Indian Penal Code, pending before Sri A. K. Roy, Magistrate, 1st Class, Mathabhanga, Cooch Behar, in case No. C. R. 4 of 1966.2. The facts leading on to the present Rule are short and simple. The complainant Jnanendra Chandra Banerjee, claiming himself to be a member and worker of the Shoulmari Ashram, P. S. Mathabhanga and also to represent the said Ashram, filed a complaint under Section 500, I. P. C. on 4-1-1966 in the Court of Sri H. R. Dass, Magistrate, 1st Class, Mathabhanga, Cooch Behar, against the two accused, Sookomal Kanti Ghose, Editor of a Bengali Daily called the 'Jugantar' and Dhirendranath Sen, Printer and Publisher of the said Daily. The Impugned publication is an item of news served by the P. T. I. and U. N. I., news agencies, and appeared in the issue of the above mentioned Daily d...
Tag this Judgment!The New Great Insurance Company of India Ltd. Vs. United Equipments an ...
Court: Kolkata
Decided on: Aug-27-1969
Reported in: AIR1970Cal221
ORDERS.K. Chakravarti, J.1. This case raises a very important and interesting point as to the right of the party to a contract of insurance to file a suit where under the contract it is provided for that all differences arising out of the policy are to be referred to arbitration and that the making of an award shall be a condition precedent to any right of action against the company.2. The broad facts of this case are admitted. The opposite party's motor car was insured with the petitioner company and it was involved in an accident on the 8th of March, 1963. The opposite party sent the claim form duly filled in and signed, together with detailed estimate of repairs done by Barman and Company in respect of the damage to whom it had paid a sum of Rs. 1113.35 on this account. The petitioner company by its letter dated the 24th August, 1964 (Exhibit 2) contended that the opposite party had taken away the motor car from the garage and did not give any opportunity to the surveyor appointed b...
Tag this Judgment!Commissioner of Income-tax Vs. A.K. Das
Court: Kolkata
Decided on: Aug-27-1969
Reported in: [1970]77ITR31(Cal)
P.B. Mukharji, J.1. The Income-tax Appellate Tribunal has referred two points of law in the following manner, for answer by this court under Section 256(1) of the Income-tax Act, 1961:'(1) At the instance of the Commissioner of Income-tax--Whether, on the facts and in the circumstances of the case and on a proper interpretation of Section 271(1)(iii) and Section 274(2) of the Income-tax Act, 1961, the Tribunal was right in reducing the penalty imposed on the assessee below the minimum prescribed under Section 271(1)(iii) of the said Act ? (2) At the instance of the assessee- Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the penalty proceedings were properly initiated and that the penalty orders passed by the Inspecting Assistant Commissioner were valid in law ?' 2. The facts of this reference as appearing in the statement of the case may be briefly summarised as follows : The assessee is an individual. The assessment years concerned ...
Tag this Judgment!indra Co. Ltd. Vs. Income-tax Officer
Court: Kolkata
Decided on: Aug-26-1969
Reported in: [1971]80ITR400(Cal)
1. This is an application under Article 226 of the Constitution for the issue of appropriate writs for, inter alia, quashing a notice dated the 19th April, 1967, purported to be under Section 154 of the Income-tax Act, 1961, proposing to rectify the petitioner's assessment for 1959-60 and all proceedings in respect thereof and for prohibiting the respondents from taking any steps or giving any effect to the said notice and for other incidental reliefs.2. The petitioner is an Indian company. In its return for the assessment year 1959-60, it claimed a loss of Rs. 2,41,472 in respect of its share-dealing business. The shares on the sale of which the loss was claimed included 1,393 bonus shares of Hastings Mills Ltd. which the assessee had valued in its books at the face value of Rs. 100 each. In the assessment order for the said year the Income-tax Officer, being the respondent No. 1 herein held that the alleged sale of shares was the result of a concerted action between the sellers and t...
Tag this Judgment!Narkeldanga Roller Flour Mills and anr. Vs. the Corporation of Calcutt ...
Court: Kolkata
Decided on: Aug-22-1969
Reported in: AIR1970Cal333,1970CriLJ1073,73CWN848
Das, J.1. This is an appeal against conviction under Sections 7(i), 16(1)(a)(i) of the Prevention of Food Adulteration Act. The appellant, mill, was sentenced to pay a fine of Rs. 2,000/- and the Manager, S. K. Biswas, was sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 2,000/-, in default, to rigorous imprisonment for a further period of six months.2. Prosecution case is as follows :--The Food Inspector of the Calcutta Corporation visited Narkeldanga Roller FlourMills Ltd. at 17/4, Canal West Road,Calcutta on May, 8, 1959 and took samplesfrom stocks of wheat in the godown of themill. Three samples were taken fromthree bags and one of these samples waslater found to be worm infested and notconforming to the standard in respect ofalcoholic acidify. Sanction was obtainedand this prosecution was started. Theother two samples were found by theanalyst to be good.3. The defence is a plea of innocence and a further plea that stock accumulated due to fall in demand a...
Tag this Judgment!Smt. Fulzoria Dasi Vs. Smt. Tarubala Bose
Court: Kolkata
Decided on: Aug-21-1969
Reported in: AIR1970Cal240
ORDERS.K. Chakravarti, J.1. The short point that arises for determination in these two cases is as to whether an application under Section 151 of the Code of Civil Procedure would lie to set aside an order of dismissal of an application for review filed by the tenant in a proceeding under the Calcutta Thika Tenancy Act. There was an order for ejectment passed on terms and thereafter the present petitioner filed an application for review. That application was set down for hearing on the 1st August, 1964 and on that date the parties had filed Hazira and though the opposite party was found to be present, the petitioner was found to be absent and the learned Judge, therefore, dismissed that Misc. case for default. Thereafter the petitioner filed an application under Section 151 of the Code of Civil Procedure for setting aside that order of dismissal. The learned Controller held that there was no scope for an application under Section 151 of the Code of Civil Procedure and accordingly rejec...
Tag this Judgment!Life Insurance Corporation of India Vs. Smt. Nandarani Dassi
Court: Kolkata
Decided on: Aug-20-1969
Reported in: AIR1970Cal200,74CWN43
Bijayesh Mukherji, J. 1. By this suit raised on January 28, 1958, the Life Insurance Corporation of India (shortened into LIC hereafter, as far as possible), prays for a decree under Order 34, Rule 4 of the Civil Procedure Code (5 of 1908) in form No. 5-A in appendix D in the first schedule thereto, on the foot of two mortgages, the details whereof are set out below: 1.Mortgage-deed bearing date November 29, 1946 exhibit A: principal sum-Rs. 29,000.002.Deed of further charge bearing date January 19, 1949, exhibit B: principal sum-Rs. 5,000.00 3.Annual interest at 7% a compound up to Janu-ary 27, 1958, minus cre- dit of sums received towards interest-Rs. 20,247.714.Total-Rs. 50,247.712. The mortgagor is the sole defendant to this suit, Smt. Nandorani Dassi qua trustee to the estate of late Modhoo Sooden Sain, her father-in-law. The property mortgaged is the divided 4/21st share in the then 116 Cotton Street, now numbered as '114/1B', and admeasuring 1 cottah 14 chittacks and 3 square fe...
Tag this Judgment!Dalim Kumar SaIn and ors. Vs. Smt. Nandarani Dassi and anr.
Court: Kolkata
Decided on: Aug-20-1969
Reported in: AIR1970Cal292,73CWN877
Bijayesh Mukherji, J.1. This is a suit raised on July 3, 1959, by three sons and two daughters of Moti Lall Sain, who died on November 4, 1955, principally for a declaration that a deed of mortgage bearing date November 29, 1946, for Rs. 25,000, and a deed of further charge bearing date January 19, 1949, for Rs. 5,000, executed by the first defendant, Sm. Nandarani Dassi, their mother and necessarily the widow of Moti Lall Saine, in favour of India Provident Co., Ltd., are void.2. The Life Insurance Corporation of India (for short, LIC hereafter) is the statutory successor in interest of India Provident Co., Ltd. This is why LICfigures in this litigation, as the second defendant.3. In the wake of the declaration the plaintiffs pray the Court for, two other reliefs sought, the ancillary ones, follow as a matter of course. First: the aforesaid two instruments be cancelled and delivered up. Second: LIC be restrained by an injunction from enforcing the two instruments of mortgage and furth...
Tag this Judgment!Sree Kalimata Thakurani of Kalighat and anr. Vs. Ram Chandra Chatterje ...
Court: Kolkata
Decided on: Aug-20-1969
Reported in: AIR1970Cal373,75CWN1
Salil Kumar Datta, J.1. This is an appeal by Ranada Kanta Das, a worshipper of Sree Sree Kalimata Thakurani, for self and as the next friend of the said deity, against an order passed by the District Judge of 24-Parganas on May 12, 1964.2. The appeal arises in connexion with Title Suit No. 85 of 1949 instituted on December 5, 1949, under Section 92 of the Code of Civil Procedure, for proper management of the seva puja of Sree Sree Kalimata Thakurani and her associated deities and for proper management of the Debatter properties. The District Judge, in whose Court the suit was instituted, settled a scheme regarding the aforesaid matters, and, on appeal, the High Court made some amendments to the scheme. An appeal, however, was taken to the Supreme Court by the deity Sree Sree Kalimata Thakurani, and the Supreme Court, while dismissing the appeal, by its judgment dated November 1, 1961, in Sree Sree Kalimata Thakurani v. Jibandhan Mukherjee, : AIR1962SC1329 made some modifications in the...
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