Kolkata Court June 1971 Judgments
The Great Eastern Shipping Co. Ltd. Vs. the Commissioners for the Port ...
Court: Kolkata
Decided on: Jun-28-1971
Reported in: AIR1973Cal287,76CWN765
ORDERS.K. Chakravarti, J.1. This Rule has been issued in respect of an order passed by a Full Bench of the Calcutta Small Cause Court by which it had dismissed an application fled by the petitioner under Section 33 of the Presidency Small Cause Court Act This application had been filed out of time and there was an application for condonation of the delay. I am satisfied that the original copy of the judgment of the Full Bench had been lost and as such, the delay is condoned.2. The opposite party No. 2 had a cargo of iron ore to be loaded into a ship 'M. M. Jag Manek' and of which the petitioner is the owner; and in August. 1964, the vessel was berthed at No. 5 K. G. Dock. The loading operations were being carried on by the men of the Stevedore. Messrs. Sharma & Co. At about 0.50 a.m. while the porters of the above Stevedore were working at hatch No. 2 of the vessel and had lowered the hopper tub No. 53 loaded with iron ore inside the hatch, they negligently failed to handle the said tu...
Tag this Judgment!Sunil Kumar Samaddar Vs. the Superintendent, Hooghly Jail and ors.
Court: Kolkata
Decided on: Jun-23-1971
Reported in: AIR1972Cal35,1972CriLJ244,75CWN751
N.C. Talukdar, J. 1. This Rule was issued on an application under Section 491 of the Code of Criminal Procedure praying for a writ and/or order and/or direction in the nature of habeas corpus on behalf of the detenue, Sunil Kumar Samaddar, and is against the State of West Bengal through the Secretary, Home Department, Superintendent Hooghly Jail, the Assistant Secretary, Home (Special) Government of West Bengal and the District Magistrate, Hooghly. 2. The applicant before us hasbeen detained under Section 3, Sub-section (1) read with Sub-section (3) of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970) by an order, being Order No.247/J. M./P. V. A. dated the 25th December, 1970 passed by the District Magistrate, Hooghly. By a further order No.248/J. M./P. V. A. dated 25-12-1970, theapplicant was directed by the said District Magistrate to be detained in theHooghly Jail. The petitioner is statedto have been arrested on the 24th December, 1970 a...
Tag this Judgment!Commissioner of Income-tax Vs. Edward Keventer (Private) Ltd.
Court: Kolkata
Decided on: Jun-22-1971
Reported in: [1972]86ITR370(Cal)
A.N. Sen, J.1. This reference under Section 66(1) of the Indian Income-tax Act, 1922, raises the question of applicability of the provisions of Section 10(4A) of the said Act to the remuneration paid to the directors of Edward Keventer Pvt. Ltd. which happens to be the assessee in the instant case.2. The assessee is a private limited company of which at the material times there were only 5 members, all of whom, except Sri K.A. Dikshit, were also directors of the company. They are :(1) Rani Jagadamba Kumari Devi who holds 65% of the total shares.(2) Sri A.C. Roy Chowdhury who holds 10.5% of the total shares.(3) Sri J.C. Chowdhury who holds 10.5% of the total shares.(4) Sri S. Das Gupta who holds 10.5% of the total shares.(5) Sri K.A. Dikshit who holds 3.5% of the total shares.3. It may be noted that the assessee was originally a Swedish concern which was taken over in 1949. Lt. Genl. Madan Shumshere Jung Bahadur Rana of Nepal, since deceased, made the largest investment and purchased th...
Tag this Judgment!international Coal Corporation Vs. Pure Sitalpur Coal Concern Ltd.
Court: Kolkata
Decided on: Jun-21-1971
Reported in: AIR1972Cal45
ORDERRamendra Mohan Datta, J.1. A terms of settlement is sought to be put in whereby all disputes in respect of the above suit have been agreed to be referred to arbitration as per agreement dated July 31, 1971. The said agreement has been made an annexure to the said terms of settlement.2. By an interlocutory order made in this suit, Ghose, J., by an order dated 22nd May, 1970 appointed two joint receivers being the respective representatives of the plaintiff and the defendant herein and directed them to run the colliery belonging to Messrs. Pure Sitalpur Coal Concern Limited (hereinafter called the said company). By the said order the plaintiff, in this suit, inter alia, agreed to advance a sum of Rupees two lakhs and the said joint receivers were directed to invest the same in the said company for the purpose of running the said colliery. The joint receivers were also directed to pay up the sum by stated instalments. It was further directed that the said joint-receivers would stand ...
Tag this Judgment!Janaki Nath Roy, Narendra Nath Roy and Co. Ltd. (In Liquidation) Vs. S ...
Court: Kolkata
Decided on: Jun-17-1971
Reported in: AIR1971Cal504
ORDERSalil Kumar Datta, J.1. This Rule was obtained by the successor-in-interest of Raja Janaki Nath Roy, Narendra Nath Roy & Co. (P) Ltd., the plaintiff-respondent in S. A. 638 of 1952. The appeal was heard and disposed of by a Division Bench of this Court consisting of Guha Roy and S. K. Sen, JJ. on 26-8-1955 whereby the appeal was allowed and the plaintiff's suit was dismissed and costs throughout were awarded to the defendants. It appears that on 5-2-1958 the above company went into liquidation and the opposite parties in this rule, the heirs and legal representatives of the defendant started execution for realisation of the decretal dues without mentioning that the said company was in liquidation. The proceeding culminated in S. M. A. 57 of 1961 and it was ordered by this Court on 6-2-1963 that the executing Court would allow the amendment of the execution petition showing that the said company was in liquidation represented by its liquidators. It appears that an amendment was mad...
Tag this Judgment!Cheedi Lal Khatik Vs. the State and anr.
Court: Kolkata
Decided on: Jun-17-1971
Reported in: 1971CriLJ1603
N.C. Talukdar, J.1. These three cases, involving the same point, have been placed before us for orders. The point involved is one of procedure, arising out of the passing of the West Bengal Separation of Judicial and Executive Functions Act, 1970 (West Bengal Act VIII of 1970) which came into force on February 24, 1970 in certain districts, as to whether the previous procedure relating to the form of the notice of the Rule issued by the High Court has to be changed with regard to cases whereto the above-mentioned Act does apply. The point is of some importance and arises in the context of the reports submitted by the District Magistrate, Howrah, sending back the copies of the three notices to the Registrar, Appellate Side, High Court for information and necessary orders, on the ground that the Judicial Magistrate is no longer under his control.2. The Rule in Criminal Revision Case No, 175 of 1971 was issued by a Division Bench of this Court on March 23, 1971 on the District Magistrate,...
Tag this Judgment!In Re: Asiatic Oxygen Ltd.
Court: Kolkata
Decided on: Jun-16-1971
Reported in: AIR1972Cal50
ORDERGhose, J.1. This application has been made by Raigarh Trading Co. Ltd. against Asiatic Oxygen Ltd. & ors., for inter alia, delivery of 28,500 equity shares of Rs. 10/- each in the respondent Asiatic Oxygen Ltd. (hereinafter referred to as the Company) belonging to the petitioner; in the alternative for issue of duplicate certificates for the aforesaid 28,500 equity shares of Rupees 10/- each and delivery thereof to the applicant. This application has been made, on a Judge's Summons dated 8th October, 1969 under Section 113 of the Companies Act, 1956.2. In this application Surajmal Nagarmal, a partnership firm was given liberty to intervene. The said firm has also filed Affidavit. There is no dispute before me that Raigarh Trading Co. Ltd., the applicant is the registered holder of the said 28,500 equity shares of Rupees 10/- each in the Company. The only dispute before me is as to whether the Company delivered the said shares to the Petitioner. The Company alleges that the Company...
Tag this Judgment!Radha Kanto Chatterjee Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-16-1971
Reported in: AIR1972Cal174
ORDERGhose, J.1. This application has been made by the petitioner who is a cashier in the office of the respondent No. 2, Director of Industries, Government of West Bengal, inter alia, for the issue of a Writ in the nature of mandamus commanding the respondents Nos. 1 to 3 to withdraw or cancel the orders dt. June 16/20 and July 27, 1970 and refrain from giving any effect thereto and for commanding them to act according to law. inter alia, in fixing or revising the pay-scale and grade of the petitioner; and also for a Writ in the nature of mandamus commanding the respondents 1 to 3 to place and fix the petitioner in the grade or scale of pay of Rs. 300-450 or Rs. 250-400 as setforth in the annexures 'K' and 'M' to the petition. This application also seeks for the issue of a writ in the nature of Certiorari for quashing the appointment of the respondent No. 4 to the post of the cashier in the grade or scale of pay of Rs. 250-400/- under the respondent No. 3 in supersession of the petiti...
Tag this Judgment!Bhattacharjee (Agency) and Co. Pvt. Ltd. Vs. Tarak Nath Banerjee
Court: Kolkata
Decided on: Jun-16-1971
Reported in: AIR1972Cal393
M.M. Dutt, J.1. This appeal is at the instance of the defendant and it arises Out of a suit for recovery of money.2. The case or the plaintiff as made in the plaint is as follows:--The plaintiff is the nephew (Sister's son) of one Paritosh Bhattacharjee. Paritosh Bhattacharjee and some of the members of his family had been, at the material time, the directors of the defendant company named Bhattacharjee (Agency) & Co. Pvt. Ltd, The plaintiff was an employee of the defendant company on a monthly salary of Rs. 300/- which was subsequently increased to Rs. 500/-. During the period of his employment in the defendant company, the plaintiff used to deposit moneys with the defendant company and he also used to keep in deposit with the defendant company his monthly salaries. The said deposits were used to be made by the plaintiff at the request of his maternal uncle Paritosh Bhattacharjee. It was agreed that the amount of deposit would be payable to the plaintiff on demand. The plaintiff disco...
Tag this Judgment!Gopal Vs. the State of Uttar Pradesh
Court: Kolkata
Decided on: Jun-15-1971
Reported in: AIR1972Cal67
ORDERSalil K. Roy Chowdhury, J.1. This is an application for removal of the named Arbitrator and appointment of an Arbitrator in terms of an arbitration agreement between the parties dated the 27 of Jan., 1967. The application is made under Section 8(b) read with Explanation to Section 9 and Section 11 of the Arbitration Act.2. The relevant facts are that by a contract in writing dated the 27th of January, 1967 between the parties the petitioner was appointed as clearing/handling and transport agents of the respondents in respect of a complete 1200 tons a day capacity cement making plant including its spares, tools and tackles as also for such other consignments as may be desired by the Director. Government Cement Factory on behalf of the Government of Uttar Pradesh being supplied by Messrs. Fives Lille Cail of Paris, France or by any suppliers at Calcutta Port or Dum Dum Airport on the terms and conditions contained in the said agreement.3. The said agreement dated the 27th of January...
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