Kolkata Court September 1970 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bengal Coal Co. Ltd. Vs. the Union of India (Uoi)
Court: Kolkata
Decided on: Sep-21-1970
Reported in: AIR1971Cal219
S.K. Chakravarti, J. 1. This is an appeal at the instance of the plaintiff. The suit was instituted by the plaintiff against the defendant Union of India claiming a sum of Rs. 10,901-8-0 alleged to be due for supply of coal together with a sum of Rs. 6540-14-0 by way of interest. The Union of India contested the claim denying the supply and its main points were that there was no valid contract between it and the plaintiff in view of the provision of Section 175 of the Government of India Act, 1935 corresponding to Article 299 of the Constitution and that the claim is barred by limitation and there was no notice under Section 80 of the Code of Civil Procedure. The learned Subordinate Judge who tried the suit at its original stage was satisfied that the goods had been delivered and the price claimed^ would be due but he found that no valid notice under Section 80 of the Code of Civil Procedure had been served and further that the claim was barred by limitation and the contract would not ...
imperial Tobacco Co. of India Ltd. Vs. the Authority Appointed by the ...
Court: Kolkata
Decided on: Sep-18-1970
Reported in: AIR1971Cal109,(1971)ILLJ350Cal
ORDERD. Basu, J. 1. This is an application under Article 227 of the Constitution of India, the applicant being the Imperial Tobacco Company of India, Ltd., and it concerns an application made under Section 15 of the Payment of Wages Act, 1936, by two of their employees, the opposite parties Nos. 2 and 3, before the Authority appointed under that Act, who is the opposite party No. 1. The application was disposed of by the impugned order of the Authority dated 25-2-67, in P. W. A. Cases Nos. 73 and 75 of 1965. The application under Section 15 of the said Act is reproduced at annexure 'A' to the present petition. It was a simple case of alleged deduction from wages and the material averment is as follows: 'The applicant's wages have not been paid for the following wages period (s)..... (give dates)..... 6 hrs. overtime wages from per week 1st January '65 to 15th March '65 (rate of wages Rs. 250/- per month).' The Payment of Wages Authority allowed this application in favour of the employe...
In Re: Birla Jankalyan Trust
Court: Kolkata
Decided on: Sep-18-1970
Reported in: AIR1971Cal290
ORDERS.C. Ghose, J. 1. This is an application made by the Trustees of the Birla Jankalyan trust constituted by a deed of settlement dated March 13, 1964, as rectified by the supplementary deed dated January C, 1965, inter alia for an opinion or advice or direction under Section 7 of the Charitable and Religious Trusts Act, 1920, in respect of the holding of the paid Trust in Jiyaieerao Cotton Mills Ltd., and Pilani Investment Corporation Ltd., specially as to what steps should be taken by the Trustees with regard to the said shares in the said two companies. 2. The application has been made under Section 7 of the Charitable and Religious Trusts Act. Notice of this application was directed to be given upon the Income-tax Officer, 'B' Ward, Companies Dist. I, Calcutta, and Commissioner of Income-tax, West Bengal I. 3. The said Trust was established by a deed of settlement dated March 13, 1964, by one J. K. Birla since deceased for public Charitable purposes. The office of the said Trust ...
Manabendra Nath Roy Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Sep-18-1970
Reported in: [1977]107ITR959(Cal)
P.B. Mukharji, C.J.1. This is an income-tax reference under Section 66(1) of the Indian Income-tax Act, 1922. It raises the following two questions: '(1) Whether, in view of the repeal of the Indian Income-tax Act, 1922, the Commissioner of Income-tax can validly exercise jurisdiction under Section 33B of the Indian Income-tax Act, 1922, after April 1, 1962 (2) Whether, on the facts and in the circumstances of the case, the order for each of these years 1956-57 to 1961-62 passed by the Commissioner of Income-tax under Section 33B was valid and proper ?' 2. In the judgment just delivered by us in Income-tax Reference No. 100 of 1967 (Smt. Aparna Roy v. Commissioner of Income-tax (Cal)), we have answered both these questions in the affirmative and given our reasons for it. We do not wish to repeat what we have said in that judgment in these proceedings. We only make a reference to that judgment to indicate that our reasons for the answers to these questions are to be found there and tha...
Hungerford Investment Trust Ltd. Vs. Haridas Mundhra and ors.
Court: Kolkata
Decided on: Sep-14-1970
Reported in: AIR1971Cal182,75CWN517
B.C. Mitra, J. 1. This is an offshoot of a spate of litigations arising out of an agreement for the sale of the controlling block of shares of a private company, Turner Morrison and Co. Private Ltd. The aims and objects of the seller and the buyer of the shares have shifted and changed with dramatic suddenness. The seller at one stage eager to complete the sale was stoutly resisted by the buyer. Later on the position changed altogether and the buyer shifted his position to one of great keenness to complete the sale and acquire the shares, the seller by then started advancing a claim for rescission of the contract for sale. This is the quick changing scene which forms the background of the matter.2. The application out of which this appeal arises was made by Hunger-ford Investment Trust Ltd. (in voluntary liquidation) the appellant and others for an order that the agreement dated October 30, 1956, and the decree dated February 25, 1964, do stand rescinded, for an order directing the Rec...
The University of North Bengal and anr. Vs. Sisir Kumar Ghosh and ors.
Court: Kolkata
Decided on: Sep-14-1970
Reported in: AIR1971Cal293
B.C. Mitka, J. 1. The respondent No. 1 was an upper division clerk in theoffice of the Accountant General, West Bengal. He retired from service on May 2, 1965, and was thereafter re-employed by the State Government as Accounts Officer of Bengal Engineering College on July 16, 1965. While re-employed at the Bengal Engineering College, in answer to an advertisement inviting applications for the post of Finance Officer, University of North Bengal, (hereinafter referred to as the University) he submitted an application. The Selection Committee appointed by the Executive Council of the University selected him for the post of Finance Officer of the University and he was accordingly appointed such officer, on a purely temporary basis, at a monthly salary of Rs. 1,000/- per month in the scale of Rs. 1000-50-1500/-. At a meeting held on September 5, 1966 the University approved of the selection of the respondent No. 1, and the appointment made by the Executive Council, pursuant to such selectio...
Smt. Tilak Pakhira and ors. Vs. Satish Chandra Pradhan and ors.
Court: Kolkata
Decided on: Sep-11-1970
Reported in: AIR1971Cal180
P.N. Mookerjee, J.1. This Rule was obtained by the petitioner tenant against a concurrent decision of the two courts below, allowing, in substance, the opposite party No. 1's application for evicting the petitioner from the disputed land.2. The application was made under Section 5 of the Calcutta Thika Tenancy Act upon the allegation inter alia that the petitioner was a thika tenant under the said Act in respect of the disputed property under the opposite party.3. In allowing the opposite party's application, the courts below have con-currently held that the petitioner's objection or defence to the opposite party's prayer on the ground that he was not a thika tenant under the Calcutta Thika Tenancy Act but had an agricultural tenancy, which entitled him to protection under the Bengal Tenancy Act, could not be accepted. They have concurrently found that the petitioner's tenancy was not an agricultural tenancy so as to attract the operation of the Bengal Tenancy Act That finding appears ...
Biswanath Prasad Radhey Shyam Vs. the Controller of Patents and Design ...
Court: Kolkata
Decided on: Sep-11-1970
Reported in: AIR1971Cal421
P.N. Mookerjee, J.1. This Is an application for a certificate for leave to appeal to the Supreme Court against our decision, dated 5th January, 1970, in the connected appeal No. 112 of 1968. The matter relates to proceeding for rectification of the register of patents in respect of Patent No. 46368, on an application, filed by the present petitioners under Section 64 of the Indian Patents and Designs Act, The application was dismissed by the Joint Controller of Patents and the petitioner's appeal against the said decision was dismissed by us by our above judgment Hence this application for a certificate for leave to appeal to the Supreme Court. The application has been under Article 133(1) of the Constitution of India,2. The facts, leading to this litigation, may be shortly stated as follows: The patent in question was granted on 13th December, 1951. Necessary entry was made in the relevant Register, but thereafter, on 3rd May, 1957, in a proceeding between the parties concerned, the p...
Official Liquidator Vs. Dr. Sailendra Nath Sinha and ors.
Court: Kolkata
Decided on: Sep-11-1970
Reported in: [1973]43CompCas107(Cal)
Sankar Prasad Mitra, J.1. This is an application by the official liquidator of the Ballygunge Real Property & Building Society Ltd. (in liquidation) for an order that (a) leave be given to the applicant to continue the misfeasance proceedings against the heirs and legal representatives of the respondent No. 1, Dr. Sailendra Nath Sinha, since deceased, and (b) for substitution of the said heirs and legal representatives in the place and stead of the deceased and for other incidental and ancillary reliefs. The official liquidator instituted the misfeasance proceedings on the 2nd January, 1963, under Section 543(1) of the Companies Act, 1956, which runs thus :' Power of Court to assess damages against delinquent directors, etc.--(1) If in the course of winding up a company, it appears that any person who has taken part in the promotion or formation of the company, or any past or present director, managing agent, secretaries and treasurers, manager, liquidator or officer of the company-- (...
State of West Bengal and ors. Vs. National Rubber Manufacturers Ltd.
Court: Kolkata
Decided on: Sep-09-1970
Reported in: AIR1971Cal301,76CWN888,[1973]32STC24(Cal)
S.K. Chakravarti, J. 1. This is anappeal at the instance of the State of West Bengal and some of its Officers. A certificate case was instituted in the 24 Parganas Collectorate under the Bengal Public Demands Recovery Act for realisation of a sum of Rs. 14723 and 11 annas alleged to be due from the present respondent on account of arrears of Sales Tax for 4 Quarters ending with December 1950. The respondent received a notice purporting to be under Section 7 of the aforesaid Act on the 24th October 1952 and the respondent protested thereto and the matter was taken up to the Commissioner, Presidency Division and he quashed the certificate proceedings up to the stage of the service of notice under Section 7 of the Act. Thereafter on the 10th March 1955 the respondent received another notice purporting to have been issued under Section 7 of the Act and this notice is dated the 26th February 1955. The respondent again moved the appropriate authorities against the same but ultimately failed....
- ‹ Prev
- 1
- 3
- Next ›
- Last »