Kolkata Court March 1970 Judgments

Aditya Kumar De Chowdhury Vs. Narayandas De Chowdhury

Court: Kolkata

Reported in: AIR1971Cal65,75CWN439

Amaresh Roy, J.1. This appeal has arisen out of an Arbitration proceeding which was registered as a suit in the circumstances that will appear from what we will recount presently. The present appellant and the respondents are co-sharers of their joint and ancestral properties including a residential house. When disputes had arisen between them regarding enjoyment of the joint properties, one of them, namely, Narayandas De Chowdbury instituted a suit in the Court of Munsil at Kama over disputes regarding some of the joint properties. That was Title Suit No. 120 of 1957. During the pendency of that suit the parties filed an application stating inter alia that they have appointed an Arbitrator for settling the disputes regarding the subject-matter of that suit, and on their prayer that suit was stayed. In fact by an agreement for arbitration between the parties Sri Amrita Lal Mukharji was appointed as Arbitrator to effect complete partition of all their joint properties. That agreement wa...

Pijush Kanti Ghosh Vs. Sm. Maya Rani Chatterjee and ors.

Court: Kolkata

Reported in: AIR1971Cal229

Amaresh Roy, J. 1. This appeal is directed against an award made in Motor Accident Claim Case No. 17 of 1964 by the Motor Accident Claims Tribunal at Howrah which is also the Tribunal for Calcutta and 24-Parganas. The claim was preferred by Maya Rani Chatterjee and her four minor children namely, Mamata Chatteriee, Shanti Dulal Chatterjee, Monoj Dulal Chatterjee and Brojo Dulal Chatteriee along with another child described as baby which minors were represented by their guardian mother Maya Rani Chatteriee. It was filed on 6th February, 1964 claiming compensation for the death of Maya Rani's husband Gopal Chandra Chatteriee as a result of an accident on the road north of Raja Subodh Mullick Square in Calcutta on 23rd June, 1963 at about 10 p.m. when the said Gopal Chandra Chatteriee was alleged to have been violently knocked down and run over by a Taxi Cab No. WET-1422 driven by Chandra Sekhar Misra who was an employee of the owner of the said taxi Pijush Kanti Ghosh. 2. It was alleged ...

S.K. Srivastava and ors. Vs. Vullubhdas Kalyanji and Co. (P) Ltd.

Court: Kolkata

Reported in: AIR1970Cal527,74CWN1006

D. Basu, J.1. This appeal is against the judgment of T. K. Basu, J. dated 3-2-09, by which he quashed the order of penalty passed on 17-8-62 by the Additional Collector of Customs (pp. 111-120 of the Paper Book) and the orders dated 13/15-12-63 and 21-9-64, passed by the Central Board of India and the Government of India, rejecting the appeal and revision preferred by the Petitioner Company under Article 226 of the Constitution, -- the Respondent before us. The Additional Collector and the Government have preferred the present appeal.2. The charge upon which the impugned order (p. 119 of the Paper Book) was made by the Appellant was that 1000 bales of B. Twills which the Respondent sought to export to Kenya per SS Ispinge 'have been misdeclared in the relevant Shipping Bills in respect of the F. O. B. value thereof', and the Appellant (Addl. Collector) held that by such misdeclaration, the Respondent had contravened Section 167 (8) of the Sea Customs Act, read with Section 23A of the F...

Md. Abul Hasnath Vs. the State

Court: Kolkata

R.N. Dutt, J.1. On some first information report lodged by the Inspector of Post Offices, Rampurhat the police made an investigation and submitted charge-sheet against the petitioner under Section 420 of Indian Penal Code and against one Kashi Nath Das under Sections 420/114 of the Indian Penal Code.2. The prosecution alleged that one Mir Sawkat Ali sent an insured letter No. 005 dated March 10. 1964, for Rupees 175/- from Rampurhat Post Office to one Balaram Kurmi under Bishnupur Branch Post Office. Kashi Nath Das was the Post Master of the Bishnupur Branch Post Office at the relevant time The petitioner is said to have received this insured latter posing himself as Balaram Kurmi and Kashi Nath Das delivered the postal letter to him knowing that he was not Balaram Kurmi.3. The learned Magistrate on perusal of the Police papers framed a charge against the petitioner and Kashi Nath Das under Section 34 of the Indian Penal Code and then a charge under Section 420 of the Indian Penal Code...

Rajendra Nath Sarkar Vs. Gour Gopal Ghosh and anr.

Court: Kolkata

Reported in: AIR1971Cal163,75CWN106

D. Basu, J.1. This appeal arises out of a suit for declaration of title, recovery of possession and for realisation of mesne profits brought by the plaintiffs-respondents. The plaintiffs' case in the plaint, in short, was that on the 28th March. 1950 he acquired the disputed property by an unregistered deed of exchange from the previous owners who had gone over to Pakistan and got possession on the strength of that exchange and that subsequently on the 13th July, 1955 the plaintiffs have obtained registered kobala from those owners. The plaintiffs further averred in the plaint that in 1362 B. S. taking advantage of their temporary absence from India the defendant dispossessed him and that in 1362 B.S. on their return from Pakistan the plaintiffs found the defendant to be in possession of the disputed plot. The plaintiffs also challenged the entry in the revisional settlement record-of-rights which had been obtained by the defendant on the basis of his possession as aforesaid. The defen...

Anglo India Jute Mills Co. Ltd. Vs. the Fifth Industrial Tribunal of W ...

Court: Kolkata

Reported in: AIR1971Cal7

ORDERT.K. Basu, J. 1. The petitioner Anglo India Jute Mills Company, Limited is a company (Contd. on Col. 2)incorporated under the Indian Companies Act, 1913 having its registered office at No. 31, Netaji Subhas Road, Calcutta.2. At all material times prior to March, 1963, the petitioner used to work its preparing and spinning departments and all its other departments except its weaving and finishing departments in its Lower Mill for three shifts per day. The weaving and finishing departments, however, used to work only two shifts per day.3. Prior to May, 1961, the petitioner's maximum demand of electric power from the Calcutta Electric Supply Corporation was 3,600 K. W. Owing to an acute shortage of power in Calcutta and its industrial area, the petitioner's maximum demand was frozen by the said Corporation in or about May, 1961 to 3,480 K.W. In July 1962, the petitioner was cautioned by the said Corporation not to exceed the said maximum demand. In May, 1963, the maximum permissible ...

State of West Bengal, Through Addl. Secy. Dept. of Excise and ors. Vs. ...

Court: Kolkata

Reported in: AIR1970Cal548

Sabyasachi Mukhakji, J. 1. This is an appeal over right to brew intoxicants in a brewery at Kalyani. There is a registered firm hereinafter referred to as the firm carrying on business under the name and style of Ruttonjee and Company. Its partners are Hirjoo Ruttonjee Bhesania and Feroze Man-chershaw Bhesania. There is also a limited Company bearing the name Ruttonjee & Company Ltd., hereinafter referred to as the limited Company. The company was incorporated in 1960 including two partners of the firm in its Board of Directors. It appears that the firm whose original business was sale of liquors, applied in 1957 to the appropriate authority for permission to start a brewery in West Bengal and obtained such permission from the State of West Bengal and also obtained the permission of the Government of India for the establishment of a new industrial undertaking for the manufacture of beer. In 1959 the brewery was established and the partners of the firm decided to promote a limited compa...

Union of India (Uoi) (as Representing the Eastern Rly. Administration) ...

Court: Kolkata

Reported in: AIR1971Cal491,75CWN563

P.N. Mookerjee, J.1. This appeal is at the instance of the defendant No. 1 Union of India, representing the Eastern Railway Administration, The appeal arises out of a suit for recovery of Rupees 2,400/- as damages for alleged wrongful non-delivery of certain goods (mica blocks and condenser films), entrusted to the defendant Railway for carriage from Kodarma to Howrah, both on its own lines.2. The suit was brought by the plaintiff Insurance Company, whose insurance covered the disputed goods and who indemnified the owner, who was the pro forma defendant in the suit, in respect of his loss and, on such indemnification, claimed, on the said owners' express authority, the disputed amount from the Railway Administration.3. On the merits, the findings of the two courts below have been concurrently made in favour of the plaintiff, and, on those findings, the plaintiff Insurance Company would be entitled to succeed unless the suit was liable to be dismissed on the ground that the said plainti...

Life Insurance Corporation of India Vs. United Bank of India Ltd. and ...

Court: Kolkata

Reported in: AIR1970Cal513,[1971]41CompCas603(Cal)

S.K. Mukherjea, J.1. The question which has to be decided in this appeal is whether a nominee under a life insurance policy can validly assign the claim in respect of the policy after the holder of the policy dies but before the policy matures. It also raises a larger question namely whether a nominee can assign the claim under the policy or surrender the policy at all.2. One Narayan Chandra Ghosh, a person considerably advanced in age, took out a policy of insurance on January 24, 1947, by payment of a single premium of Rupees 15,000/-. Under the policy a sum of Rs. 33,000/- was payable on January 17, 1978 to the assured or his nominees, executors, administrators or other representatives-in-interest as the case might be. It is not without significance that the moneys payable under the policy were payable not on the death of the assured but at a fixed date. Moreover, as only one single premium was payable there was no question of premiums ceasing to be payable on the death of the assur...

Radheshyam Ladia Vs. Income-tax Officer, b Ward and ors.

Court: Kolkata

Reported in: [1971]82ITR247(Cal)

1. The short point that arises for consideration in this application Is whether there is any obligation on an assessee to disclose at the time of his assessment any transfers made by his wife of assets, gifted to her by the assessee, which might have resulted in capital gains during the accounting year. The facts shortly are that the petitioner was assessed to income-tax for the assessment year 1960-61 under Section 23(3) of the Act of 1922 on 4th March, 1961. The assessment was made by the Income-tax Officer, 'C' ward, Special Survey Circle-IV, Calcutta. His assessments for the years 1961-62 and 1962-63 were made under Section 143(3) of the 1961 Act on 10th and 11th June, 1963, respectively, and it appears from the assessment orders for these two years that certain interest received by the assessee's wife were included in the assessee's total income under Section 16(3) of the old Act and/or Section 64 of the new Act. There is also an observation in the assessment order for 1961-62 tha...