Kolkata Court March 1971 Judgments
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Banwarilal Jaipuria Vs. Sitaram Jaipuria and ors.
Court: Kolkata
Decided on: Mar-16-1971
Reported in: [1972]42CompCas29(Cal)
S.K. Mukherjea, J. 1. This is an application in a representative action by a shareholder for an injunction restraining the respondent company, Swadeshi Cotton Mills Co. Ltd., and its directors from holding any meeting pursuant to a notice dated September 14, 1970, or from passing any of the resolutions set out in the said notice or from giving effect to the resolutions, if passed. 2. The history of the litigation may be briefly indicated. On January 29, 1970, a notice was given by the secretary of the respondent-company intimating that a general meeting of the company would be held on February 27, 1970, to consider and if thought fit to pass the following resolution among others. 'Resolution No. 1.--Resolved that subject to the necessary approval of the Central Government being obtained pursuant to the provision of Section 372 and all other applicable provisions, if any, of the Companies Act, 1956, the company hereby sanctions investment by it in the shares of the Swadeshi Polytex Ltd....
Basanta Kumari Joardar and ors. Vs. Smt. Ila Mukherjee
Court: Kolkata
Decided on: Mar-15-1971
Reported in: AIR1972Cal149
ORDERAmiya Kumar Mukherji, J. 1. This Rule was obtained by the tenant and it is directed against an order of eviction of the petitioner passed by the appellate authority in a proceeding under Section 5 of the Calcutta Thika Tenancy Act. 2. The facts that lie in a short compass may be stated as follows :-- The predecessor-in-interest of the petitioner Lakshminarayan Joardar. tooksettlement of a portion, of Debuttar land situated at No. 17-A, Nimtolla Ghat Street, Calcutta, as a 'thika tenant'. The petitioners as heirs and legal representatives of the said Lakshminarayan, since deceased, have been continuing to enjoy the said tenancy under the landlord deity Shri Radhakrishna Jew. Sometime in 1965, the p. Party, Ila Mukherjee, started a proceeding under Section 5 of the Calcutta Thika Tenancy Act before the Thika Controller, Calcutta for eviction of the petitioner on the ground that she required the suit land for her own occupation and for the purpose of building thereon or otherwise dev...
Bholanath Chatterjee and anr. Vs. Somendra Chandra Nandi and ors.
Court: Kolkata
Decided on: Mar-15-1971
Reported in: AIR1971Cal425
Salil Kumar Datta, J.1. This is an appeal against a concurrent judgment decreeing the plaintiffs' suit. The facts of the case are not in dispute and are as follows:2. The plaintiffs instituted a suit for recovery of khas possession of the suit premises being the entire premises comprised in Municipal Holding No. 56, Ward No. 3, Eanaghat Municipality which was held by Kumaresh, the defendant No. 1, as a monthly tenant under the plaintiffs. The tenancy was according to the Bengali calendar month the rent being Rs. 15/- per month. It was stated that the defendant No. 1 was a habitual defaulter in payment of rent and he illegally assigned, transferred or Sub-let the entire premises to the other defendants in separate portions. The tenancy was determined by a notice with the expiry of Poush. 1363 B.S. As the suit premises were not vacated, the suit was filed on May 25, 1957, on the ground of default and sub-letting.3. The suit was contested by defendants Nos. 1 and 2 who filed a joint writt...
Akhtar Mirza Vs. Commissioner of Wakfs and ors.
Court: Kolkata
Decided on: Mar-15-1971
Reported in: (1971)IILLJ439Cal
B.C. Mitra, J.1. The appellant held the post of a lower division clerk in the office of the Commissioner of Wakfs (respondent No. 1). At a meeting of the Board of Wakfs held on April 4, 1962, a resolution was passed creating the post of a record keeper, carrying the salary of an upper division clerk, on the scale of Rs. 130-5-180. The Board also authorised the respondent No. 1 to appoint the appellant to the newly created post. On March 11, 1963, the appellant asked for permission to draw the pay of the record keeper on the scale of an upper division clerk. The Commissioner of Wakfs made a note on the appellant's application as follows:He may be allowed to draw according to revised scale as prayed for with retrospective effect from 1st June, 1962.2. On September 16, 1963 the Deputy Commissioner of Wakfs (respondent No. 3) wrote to the Judicial Department of the Government of West Bengal that an appointment had been made to the post of record keeper with effect from June 1, 1962, in ant...
K.P. Roy Vs. D. Rudra, District Magistrate, Howrah
Court: Kolkata
Decided on: Mar-06-1971
Reported in: AIR1971Cal461,75CWN691
ORDERAnil K. Sen, J.1. This Rule and a number of Writ Petitions have been heard together as they involve common questions or law. Facts are not more or less disputed though the plea raised on behalf of the petitioners that there exists such insecurity that it is not possible for them to act when appointed as Presiding or Polling Officers in the ensuing election without racing the risk to their life or personal safety is contested and denied by the respondents. All the petitioners feel themselves aggrieved by the orders passed by the respective District Election Officers under Section 26 of the Representation of People Act, 1951 (Act 43 of 1951) (hereinafter referred to as the said Act) appointing them against their will either as Polling Officer or as Presiding Officer in the ensuing election. They are all praying for an appropriate Writ for Betting aside the said orders,2. It would be sufficient if the facts and circumstances which led to the impugned order in the Rule itself are only...
Lilooah Steel and Wire Co. Ltd. Vs. Income-tax Officer, b Ward
Court: Kolkata
Decided on: Mar-05-1971
Reported in: [1972]86ITR611(Cal)
Sabyasachi Mukharji, J.1. The firm of Vijay & Co. was assessed to income-tax under the provisions of the Indian Income-tax Act, 1922, for the assessment year 1947-48. The petitioner, Messrs. Lilooah Steel & Wire Co. (Private) Ltd., was a partner during the assessment year 1947-48 of the firm of Vijay & Co. The said firm used to be assessed as a registered partnership firm under Section 26A of the Indian Income-tax Act, 1922. The said firm, it has been stated, had discontinued the business with effect from the assessment year 1949-50. For the assessment year 1947-48 notice under Section 148 of the Income-tax Act, 1961, had been issued and it had been claimed that such notice had been duly served on the assessee. For the grounds which had led to the issue of the notice under Section 148, notice was also issued under Section 274 read with Section 271(1)(c) and another notice under Section 274 read with Section 271(1)(b) was issued. In this application under article 226 of the Constitution...
The State Vs. Pulish Ghosh
Court: Kolkata
Decided on: Mar-04-1971
Reported in: 1973CriLJ510
R.N. Dutt, J.1. This is a reference under Section 438 of the Code of Criminal Procedure made by the Sessions Judge. Murshidabad On a complaint of a Food Inspector under the Berhampore Municipality the accused. Pulish Ghosh, was being tried before Shri S.S. Bhattacharvva a First Class Magistrate at Berhampore under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act. On September 17 1968 the prosecution examined one witness and wanted time for examination of other witnesses. The accused at that stage said that he would plead guilty. The learned Magistrate thereafter framed charge against the accused under Section 16(1)(a)(i). explained the charge to the accused who pleaded guilty. The learned Magistrate acted on the Plea of guilt and convicted the accused and sentenced him to rigorous imprisonment for six months and a fine of Rs. 1000/-. in default, to rigorous imprisonment for one month more. The accused then preferred an appeal before the Sessions Judge. Murshidabad (Crimin...
Sm. Indubala Devi Vs. Jitendra Nath Ghose and anr.
Court: Kolkata
Decided on: Mar-03-1971
Reported in: AIR1971Cal411
Salil Kumar Datta, J.1. This is an appeal by the defendant against a concurrent decree for specific performance of a contract. The plaintiffs' case is that they were owners of property of schedule A to the plaint in equal shares. Originally one Subodh Chandra Ghosh, father of the plaintiff No. 2, had -/8/- share therein and this share was set apart fictitiously by lease in favour of one Bhajahari to avoid any possible claim by co-sharers of Subodh; the transaction thus was a benami affair, the possession remaining with Subodh. After his death, the plaintiff No. 2 acquired his interest by a deed of settlement. The defendant knowing fully the real position, purported to acquire the interest of the said fictitious tenant by registered document which also included schedule 'B' property which is situate on the contiguous south of 'A' schedule property. The defendant wanted to excavate a tank in 'A' schedule property and the plaintiffs instituted a suit being Title Suit No. 150 of 1060 for d...
Shri Mohan Lal Chokhany Vs. the Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Mar-02-1971
Reported in: [1971]28STC367(Cal)
P.B. Mukharji, C.J. 1. This appeal raises a short but interesting point for determination. The short point is whether a dealer liable to Central sales tax under the Central Sales Tax Act can be subjected to a penalty for non-submission of returns of turnover within time. The appellant contends that there is no such power under the Central Sales Tax Act.2. The appellant made an application under Article 226 of the Constitution for writs of mandamus, certiorari and prohibition and for appropriate directions and orders to cancel or rescind the order imposing penalty dated the 18th September, 1964, and the notice of demand dated the 22nd September, 1964, and the notice dated the 4th December, 1964, for further levy of penalty.3. The appellant's case is as follows: He is a dealer registered under Section 7 of the Central Sales Tax Act, 1956, carrying on business under the trade name of Messrs Chokhany Sons in jute, jute goods, gunnies, hessian and other merchandise at No. 5 Clive Row, Calcu...
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