Kolkata Court November 1971 Judgments
The Union of India (Uoi) Vs. Radharani Ghosh
Court: Kolkata
Decided on: Nov-30-1971
Reported in: AIR1972Cal343
Arun K. Mukherjea, J.1. This is an appeal from a decision dated 29 May 1963 of the learned Arbitrator, Alipore. 24-Parganas in connection with an award of compensation for certain properties which were originally requisitioned by Government under Sub-r. (1) of Rule 75-A of the Defence of India Rules on 3 March, 1942 and thereafter permanently acquired on 27 March 1947 under the Requisitioning and Acquisition of Immoveable Property Act, 1952, hereinafter referred to as the Act XXX of 1952.2. The facts which are in short compass are ss follows :--The properties relate to five plots of land in Mouza Sultanpur and two plots of land in Mouza Jangalpur. The lands in Mouza Jangalpur are within North Dum Dum Municipality, The Land Acquisition Collector made an award in favour of the claimant for the total sum if Rs. 47.943-3 annas. In making this award he valued the land at the rate of Rupees2,000/- per bigha and the tanks at Rupees 1,000/- per bigha and awarded a lump sum of Rs. 986-13 annas ...
Tag this Judgment!Durga Prasanna Gupta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-29-1971
Reported in: AIR1972Cal378
ORDERSabyasachi Mukharji, J.1. The petitioner was appointed Law Officer in the Directorate of Mines and Minerals, Government of West Bengal by the order dated 19th April, 1965. The petitioner was appointed sub-stantially to that post though on probation for two years with effect from the date he actually joined the said post as Law Officer. The petitioner actually joined on 27th April, 1965. On 16th May, 1966 the petitioner tendered his resignation to the De-puly Secretary, Commerce and Industries Department, Government of West Bengal through the Chief Mining Officer, Government of West Bengal. In the said letter, the petitioner stated that his resignation might be accepted at an early date with a request to relieve him of his present post as early as possible. It : has been said on behalf of the respondents in the affi-davit-in-opposition that the said resignation was accepted by the then Minister of State on the 30th May, 1966. After submission of the resignation, the petitioner chan...
Tag this Judgment!Karuna Kant Datt and ors. Vs. the Coal Board and anr.
Court: Kolkata
Decided on: Nov-29-1971
Reported in: 1973CriLJ1009
ORDERR.N. Dutt, J.1. The petitioners are the Directors of Burrakur Coal Co. Ltd. The colliery is known as Saltore Colliery. One Dilbag Singh is the agent and one Md. Qaseem is the manager of the colliery. The Coal Board, opposite party No. 1 in this Rule, filed a complaint against the petitioners as such directors and the said Dilbag Singh and Md. Qaseem for their prosecution under Rule 47 of t)he Coal Mines (Conservation and Safety) Rules, 1954, for violation of Rule 40 of the said Rules. The petitioners appeared before the Magistrate and thereafter obtained this Rule.2. Under Rule 40 of the said Rules the owner agent or manager of a coal mine shall give notice in writing of his intention to close the mine not less than ninety days before the date on which it is proposed to close the mine. The short allegation is that no such notice was given for closure of the Saltore colliery. Rule 47 states that any contravention of the Rules shall be punishable with imprisonment which may extend t...
Tag this Judgment!Shyam Sundar Bajaj Vs. Income-tax Officer, a Ward and ors.
Court: Kolkata
Decided on: Nov-26-1971
Reported in: [1973]89ITR317(Cal)
Sabyasachi Mukharji, J. 1. This is an application challenging the notices under Section 148 of the Income-tax Act, 1961, for the assessment years 1951-52 to 1962-63 and the notices dated 7th June, 1968, under Section 142(1) of the said Act for the assessment years 1951-52 to 1962-63. The petitioner was served with the notices for the opening of certain assessment of a Hindu undivided family, Messrs. Pannalal Bajaj Shyam Sundar Bajaj Various points were taken in support of this application. It was stated, that there were no materials for the Income-tax Officer, to form any belief that there was any Hindu undivided family at the relevant time or that the income of the family had escaped assessment. The notice was also challenged on the ground that the notice had been served on the Hindu undivided family without indicating on whom the notices had to be served. The notices were vague, it was also urged. It seems that the facts and the reasons relied on for starting the proceedings under Se...
Tag this Judgment!Smt. Tarubala Saha Vs. Nath Bank Ltd. (In Liquidation) and anr.
Court: Kolkata
Decided on: Nov-23-1971
Reported in: [1972]42CompCas588(Cal),76CWN99
Sankar Prasad Mitra, J. 1. This rule is against an order of the First Subordinate Judge at Alipore being Order No. 19 of January 27, 1971, in Title Suit No. 46 of 1970. The petitioner, it appears, preferred a claim against attachment of property by Nath Bank Ltd. (in liquidation). There were proceedings under Order 21, Rule 58, of the Code of Civil Procedure, which terminated against the petitioner. Thereafter, the petitioner filed a suit under Order 21, Rule 63. The suit was instituted without obtaining leave of court as contemplated by Section 171 of the Indian Companies Act, 1913. The First Subordinate Judge by his aforesaid order has directed the petitioner to obtain the leave by February 27, 1971, and has stayed all proceedings in the suit under Order 21, Rule 63, in the meantime. The petitioner is aggrieved by this order.2. Mr. Das appearing for the petitioner has argued that no leave under Section 171 is necessary to institute a suit under Order 21, Rule 63. His contention is th...
Tag this Judgment!The Chartered Bank Vs. the Commissioner for the Port of Calcutta
Court: Kolkata
Decided on: Nov-22-1971
Reported in: AIR1972Cal198
B.C. Mitra, J.1. The respondent instituted Suit No. 2556 of 1967. (The Commissioners for the Port of Calcutta v. The Chartered Bank) for recovery of Rs. 7,35,000/- and for other reliefs. The basis of the respondent's claim is that on or about May 5, 1965. it was agreed between the respondent and a British Company known as Blyth Dry Docks Shipping Building Co. Ltd. (hereinafter referred to as the Company) that the Company would build and deliver to the respondent 2 Hopper Barges at a price of 3,50,000/-each aggregating 7,00,000/-. In consideration of the contract the appellant by two several Deeds of Guarantee dated 7-6-1966 guaranteed the due performance and observance by the company of all the covenants and conditions of the said contract for supply of Barges and promised to pay on demand 17,500/- in respect of each of the said two Barges in the event of a breach or non-performance of the contract or in the event of any neglect or omission by the company. Pursuant to the said contract...
Tag this Judgment!In Re: Bharat Commerce and Industries Ltd.
Court: Kolkata
Decided on: Nov-16-1971
Reported in: [1973]43CompCas162(Cal)
ORDERRamendra Mohan Datta, J. 1. This is an application for the confirmation by the court of the special resolution passed by the above named company relating to the proposed change of its registered office from Calcutta to New Delhi.2. It is urged on behalf of the petitioner that the powers conferred on court under Section 17 of the Companies Act, 1956, in respect of change of the registered office from one State to another are of a limited nature. Once the court is satisfied that the special resolution has been duly passed and the necessary formalities regarding the service of the notice on the Registrar or on the other parties interested, have been complied with as provided by Section 17 of the Companies Act, 1956, the court after hearing the parties will have no other consideration but to confirm the said special resolution as a matter of course. It is urged following the well-established principle that the shareholders are the best persons to decide the questions relating to the i...
Tag this Judgment!Central Bank of India Vs. Srish Chandra Guha and anr.
Court: Kolkata
Decided on: Nov-15-1971
Reported in: AIR1972Cal345
Ghose, J.1. This is an application for amendment of a petition filed in pro-inter esse-suo seeking inter alia to add in the said proceedings Indian Tea Association stated to be an unregistered Association of members. The petition was filed by Assam Bengal Cereals Limited, an existing Company within the meaning of Companies Act, 1956 of No. 10, Netaji Subhas Road. In the said petition the Assam Bengal Cereals Limited claimed inter alia to be examined pro-inter-esse-suo as to their right, title and interest in 19139 Quintals 87 Kilogramms and 805 gramms of wheat and/or Bhushi fully described in An-nexure (a) to the said petition. The petitioner in the said petition also claimed a declaration to the effect that it was the absolute owner of the said goods.2. The petition was necessitated because of the fact that on the aforesaid goods Joint Receivers were appointed by this Court on the application of the plaintiff in the Suit No. 248 of 1970. that is to say Central Bank of India. The Centr...
Tag this Judgment!Mahboobur Rahman Vs. Public Service Commission, West Bengal and ors.
Court: Kolkata
Decided on: Nov-15-1971
Reported in: AIR1972Cal348
ORDERAnil Kumar Sen, J.1. This Rule was Issued on a Writ petition. This Rule could not have been issued but for the unreasonable conduct on the part of the Public Service Commission, West Bengal,2. Petitioner Is a member of the West Bengal Junior Educational Service and is the lecturer of Arabic at the Calcutta Madrasa. He is an examiner of Arabic in the M. A. Examinations of the University of Calcutta. On October 25. 19G8, the respondent Commission, invited applications from eligible candidates for the post of the Principal, Calcutta Madrasa, a cadre post in the West Bengal General Educational Service. In the advertisement It was set out that one of the essential Qualifications is a first class master's degree or a doctorate degree with first class honours or second class master's degree of an Indian University in Arabic or equivalent. The petitioner does not possess any master's degree from any Indian University but he claims that he obtained the higher diploma of the faculty of Theo...
Tag this Judgment!Hinchcliffe (inspector of Taxes) Vs. Crabtree.
Court: Kolkata
Decided on: Nov-13-1971
Reported in: [1971]81ITR677(Cal)
RUSSELL L. J. - This is an appeal concerning the valuation for capital gains tax on April 6, 1965, of 98,604 ordinary stock units in R. W. Crabtree & Sons Ltd. owned by the taxpayer, Peter Neville Crabtree. The taxpayer also owned some preference and preferred ordinary stock in the company; but having mentioned that, I need not further consider it. The facts of this case are fully set out in the stated case and the judgment of Pennycuick J. [1970] Ch. 626, and in those circumstances I do not propose to burden this judgment with repetition on them.The method of valuation with which we are concerned is set out in section 44 of the Finance Act, 1965, and the prima facie valuation is by sub-section (1) stated thus : 'Subject to the following subsections, in this Part of this Act market value in relation to any assets means the price which those assets might reasonably be expected to fetch on a sale in the open market. But when we come to securities that are quoted on the London Stock Excha...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »