Kolkata Court August 1970 Judgments
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Calcutta Safe Deposit Co. Ltd. Vs. Ranjit Mathuradas Sampat
Court: Kolkata
Decided on: Aug-28-1970
Reported in: AIR1971Cal78,[1971]41CompCas1063(Cal)
ORDERRamendra Mohan Datta, J.1. This is an application for the stay of the winding up proceedings of Calcutta Safe Deposit Co., Ltd. (hereinafter called the said company). The petitioning creditor in the winding up proceedings is one Ranjit Mathuradas Sam-pat the respondent herein. Sampat is one of the debenture holders of the debentures issued by the applicant company.2. According to the petitioner he is the holder in due course of three debentures of the value of Rs. 1000/- each put of 250 First Mortgage Debentures issued by the company on or about June 19. 1939. Each of the said debentures carried interest at the rate of 4 1/2% per annum payable half yearly in June and in December in each year.3. The said debentures were issued subject to and with the benefit of the conditions endorsed thereon and in an Indenture dated November 22, 1939. made between the company of the one part and Sailendra Nath Banerjee and others of the other whereby certain properties of the company were vested ...
The Rajputana Trading Co. Pvt. Ltd. Vs. Malaya Trading Agency
Court: Kolkata
Decided on: Aug-27-1970
Reported in: AIR1971Cal313
S.C. Ghose, J. 1. This is an application by the applicant, inter alia, for condonation of delay in making this application and for an order extending the time to deposit the rent in respect of the premises in suit at the rate of Rs. 156.25 per month from September, 1967, until date. The applicant has also prayed for liberty to continue to make deposit of the said rent month by month in future. 2. The applicant is the defendant in this suit which was filed on May 27, 1969. against the applicant, inter alia, for a decree for vacant possession of the shop room described in the plaint, decree for Rs. 9025.66 on account of rent, mesne profit at the rate of Rs. 1.25 p. per diem from the date of the institution of the suit until delivery of vacant possession of the said shop room. 3. The said suit has been filed by the plaintiff on inter alia the following grounds, to wit: (1) The applicant has, without the previous consent in writing of the landlord, transferred and/or assigned and/or sub-le...
Madanlal Maheswari Vs. Income-tax Officer, j Ward and ors.
Court: Kolkata
Decided on: Aug-27-1970
Reported in: [1973]87ITR295(Cal)
ORDERK.L. Roy, J. 1. The petitioner in this application is entitled to succeed on the basis of the reasons given by the Income-tax Officer for purporting to reopen the assessment of the petitioner for the assessment year 1960-61 under Section 147(a) of the Income-tax Act, 1961. 2. The facts shortly are that the petitioner was assessed by the Income-tax Officer, 'J' Ward, District 1(1), Calcutta, in respect of the assessment year 1960-61 on a total income of Rs. 8,682. It also appears that the assessee's wife, Smt. Chandra Kant Periwal, purported to invest Rs. 35,000 in a partnership firm styled 'Rajasthan Knitting Mills' as her capital contribution for becoming a partner in that firm with a four annas share and in her individual assessment for the assessment year 1959-60 made by the Income-tax Officer, 'B' Ward, 24-Parganas, the loss from the aforesaid firm was accepted subject to rectification on receipt of the share allocation report of the assessment of the firm. It also appears tha...
East End Hosiery Mills Private Ltd. Vs. Agarwal Textiles Mills
Court: Kolkata
Decided on: Aug-25-1970
Reported in: AIR1971Cal3
S.C. Ghose, J. 1. This is an application filed by the plaintiff inter alia for an injunction restraining the defendant from passing off Ganjies which are not of the petitioner's manufacture as and for those of the petitioner and from selling or offering for sale under the trade mark or name 'SACHA MOTI' Ganjies not of the petitioner's manufacture. The application is also for an injunction restraining the defendant from displaying or causing to be displayed sign boards or posters inscribed with the mark 'SACHA MOTI' in relation to Ganjies or such other mark which are colourable imitation of the petitioner's trade mark 'MOTI'.2. The petitioner who has been carrying on business on an extensive scale as a manufacturer of Hosiery goods including ganjies in India has been selling Ganjies manufactured by it since 1956 under the trade mark or name 'MOTI'. The said mark 'MOTI' is embroidered in a particular style in neck labels and stitched to the neck of each Ganjies or Vest. The said label an...
Commissioner of Income-tax Vs. Jasrup Baijnath Bahety and Sons Pvt. Lt ...
Court: Kolkata
Decided on: Aug-25-1970
Reported in: [1972]86ITR390(Cal)
P. B. Mukharji, C.J. 1. The following question is raised in this income-tax reference under Section 66(1) of the Indian Income-tax Act, 1922, for an answer :'Whether, on the facts and in the circumstances of the case, in arriving at the written down value for the purpose of computing the profits of the assessee under the second proviso to Section 10(2)(vii) of the Indian Income-tax Act, 1922, the sum of Rs. 61,553 which had been allowed to the assessee as the initial depreciation under Section 10(2)(vi) of the said Act was liable to be excluded?''2. The facts giving rise to this question are as follows : The assessee; Jasrup Baijnath Bahety & Sons (P.) Ltd., is a private limited company which owned an electricity generating plant at Khandwa, Madhya Pradesh. The assessment year under reference is 1956-57 for which the relevant previous year is the calendar year ending on the 31st December, 1955. During the relevant accounting year the assessee carried on the business up to 31st March, 1...
Ganga Saran and Sons (Private) Ltd. Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Aug-21-1970
Reported in: [1971]82ITR29(Cal)
1. This is an application under Article 226 of the Constitution impugning the validity of a notice of reassessment under Section 148 of the Income-tax Act, 1961, in respect of the assessment year 1959-60. The petitioner, Ganga Saran & Sons (P.) Ltd., is a private limited company which was incorporated in March, 1947, with Ganga Saran Sharma as its managing director while the other directors of the company were Deo Dutt Sharma, A.C. Agarwal and Sankarlal Sharama, For the assessment year 1948-49, the Income-tax Officer, 'B' Ward, Companies District I, Calcutta, who made the assessment, disallowed a large part of the amounts claimed as deduction as payments to the directors on account of their commission, bonus and other perquisites. No appeal was filed from the assessment for this year. In the assessment for 1949-50, the Income-tax Officer again disallowed their claim for deduction of the sums paid to the directors including the managing director on account of commission and bonus. In th...
Upendra Kumar Nandi and anr. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-20-1970
Reported in: AIR1971Cal174,75CWN511
Amaresh Roy, J.1. This appeal has been preferred by two referring claimants against an Award made by the Arbitrator determining compensation in respect of a property requisitioned under Rule 75-A of Defence of India Rules, 1939, which requisition was made by an order dated 25th October, 1943. The reference was made by L. A. Collector on 6th February, 1959 purporting to do so under Section 19 of Defence of India Act, 1939 to an Arbitrator appointed under G. O. No. 924, dated 14-1-59 for determination of proper valuation of compensation for structures demolished in respect of C. S. Plot No. 1081 of Mouza Palta P. S. Noapara in 24-Parganas. Each of the appellants claim moiety share in the property and therefore same shares in the compensation. There is no dispute as to that. That reference was made in the state of facts which are not in controversy before us in the appeal. Those facts are that C. S. Plot No. 1081 with structures standing thereon was requisitioned by the Government for mil...
Great Eastern Shipping Co. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-14-1970
Reported in: AIR1971Cal150
ORDERS.C. Deb, J.1.This suit was filed by the plaintiff with leave under Clause 12 of the Letters Patent on 12th September, 1963, claiming Rs. 26,721/- as outstanding balance of freight payable by the defendant with interest thereon in respect of a cargo of coal carried by the plaintiff in Voyage No. 31 by the vessel 'JAG SEVAK'.2. In the plaint it is, inter alia, alleged that the Chief Commercial Superintendent of Eastern Railway Administration on behalf of the defendant shipped 7730 metric tons of steam coal on board the plaintiff's said vessel 'JAG SEVAK' for being carried by the plaintiff from the port of Calcutta and for being delivered at the Port of Cochin to the Southern Railway Administration of the defendant. The plaintiff duly carried the said cargo by that vessel under a Bill of Lading dated November 10, 1960 and duly delivered those goods to the defendant's said Railway Administration at the Port of destination on 25th November, 1960.Under the Bill of Lading the total frei...
Commissioner of Income-tax, West Bengal Ii Vs. Ukhara Estate Zamindari ...
Court: Kolkata
Decided on: Aug-13-1970
Reported in: AIR1971Cal125,[1971]82ITR103(Cal)
P.B. Mukharji, C.J. 1. This is an income-tax reference under Section 66(1) of the Indian Income-tax Act, 1922. The question on which the answer of the Court is sought is as follows:'1. Whether on the facts and in the circumstances of the case the Tribunal was justified in excluding the sums of Rs. 22,197, Rs. 1,88,417 and Rs. 73,327 from the total income of the assessee for the years 1953-54, 1954-55 and 1955-56.'2. The facts giving rise to this question may now be briefly stated. The assessee Company was incorporated on July 3, 1920. The Company took overthe Zamindari properties pertaining to the Ukhara estate which belonged to Rai Pulin Behari Lal Singha Bahadur and the late Gostabehari Lal Singha. The Company took lease of the extensive zamindari pertaining to the Ukhara estate and it also took assignment of the movables, including G. P. Notes and jewellery belonging to the members of lessors' family and the arrears of rents and cesses, debts, decrees etc., due by the tenants of the...
Ganesh Chandra Dey and anr. Vs. Kamal Kumar Agarwalla
Court: Kolkata
Decided on: Aug-06-1970
Reported in: AIR1971Cal317
ORDERS.A. Masud, J. 1. This is an application under Section 34 of the Indian Arbitration Act, 1940 for stay of a suit filed by the respondent Kamal Kumar Agarwal. The petitioners, Ganesh Chandra Dey and Ghanashyam Das and the respondent are the partners of a firm known as 'ESBI CYCLE INDUSTRIES' at No. 7, Ganesh Chandra Avenue. Calcutta, under a deed of partnership dated November 2G, 1963. It provides that the capital of the partnership firm shall be as follows: 1. Shri Ganesh Chandra Dey --Rs. 5000/-2. Shri Ghanshyam Das --Rs. 5000/-3. Shri Kamal Kumar Agarwal --Rs. 20000/-, It is further provided that in addition to the above capital contribution Shri Kamal Kumar Agarwal shall arrange for furthercapital required for the business of the firm which shall bear an interest @ 9% per annum. But under the said agreement the profits and losses of the firm are to be determined equally among them that is to say each of the partners will have 1/3rd share in the profits and losses. Sometime in J...