Kolkata Court July 1971 Judgments
Esam Sk. and ors. Vs. Sattar Mullick and ors.
Court: Kolkata
Decided on: Jul-30-1971
Reported in: AIR1972Cal141
ORDERA.K. De, J.1. This Rule has arisen on an application by the appellants and is for setting aside the abatement of the appeal as against the sole respondent. He died on 31-1-1968. The petitioner No. 1 was one of the defendants in Title Suit No. 366 of 1959 in the Third Court of Munsif at Alipore. That was another suit by the sole respondent of this appeal. The heirs of Rahaman, the sole respondent, applied for substitution in that suit in the Alipore Court with notice to the petitioner No. 1 and his Advocate. He, thus, had knowledge of the death of the sole respondent from 1968. The petitioners, however, have made this application in this Court on 19-5-1970 stating that the petitioner No. 1 was looking after the case for all the petitioners, that the petitioner No. 2 is an illiterate old village woman, that the petitioner No. 3 is a cultivator, that the petitioner No. 4 is an ordinary labourer in a Jute Mill and the petitioner No. 5 is an ignorant house-wife living with her husband,...
Tag this Judgment!Damodar Valley Corporation Vs. Ikrah Nandi Coal Co.
Court: Kolkata
Decided on: Jul-30-1971
Reported in: AIR1972Cal153
Amaresh Roy, J.1. This appeal by Damodar Valley Corporation is directed against the judgment and order passed by a Subordinate Judge at Ali-pore dismissing the application made by the said Corporation under Sections 30 and 33 of Arbitration Act, 1940 praying for setting aside an Award or in the alternative modifying the same and if necessary for superseding the Arbitration Agreement between the said Corporation and the Respondent firm M/s. Ikrah Nandi Coal Co.2. Material facts are that in April 1962 D. V. C. invited tenders for supply of 375000 Tonnes of Coal by road. Ikrah Nandi Coal Co. submitted tenderon 21-5-1962. After the parties obtain-ed clarification on some points, on June 9, 1962 the Coal Co. submitted fresh tender on the basis of supply about 10,000 tonnes of Grade II R. O. M. Coal per month to be supplied by rail and on June 14, 1962 the D. V. C. placed order for supply of a quantity of coal by a letter of that date mentioning therein terms and conditions which included in...
Tag this Judgment!Binoy Kumar Saha and anr. Vs. the Revenue Officer, Malda and ors.
Court: Kolkata
Decided on: Jul-30-1971
Reported in: AIR1972Cal458,76CWN367
ORDERR.N. Dutt, J.1. This Rule is against an order of a Revenue Officer under Section 47 of the West Bengal Estates Acquisition Act directing plots Nos. 215 and 218 of mouza Ghansahar amongst other plots to be recorded as vested in the State.2. One Bimal Krishna Sanyal, opposite party No. 5, was the owner of these two plots. He was an intermediary within the meaning of the Act. He exercised option under Section 6(5) of the Act, submitted a 'B' Form statement and he retained plots Nos. 215 and 218. Plott No. 215 has been recorded as a tank with an area of 3.71 acres and plot No. 218 has been recorded as the bank of the tank with an area of 10.37 acres. Some time in 1963 opposite party No. 5 sold these two plots to the petitioners. Some time in 1969 the Revenue Officer started the instant proceeding under Section 47 of the Act but no notice was served on the Petitioners and the instant order was made by the Revenue Officer on May 2, 1969 in the absence of the petitioners. Subsequently, t...
Tag this Judgment!Sisir Kumar Kundu Vs. Smt. Sabita Rani Mandal
Court: Kolkata
Decided on: Jul-26-1971
Reported in: AIR1972Cal4,75CWN932
Gupta, J.1. As S.K. Chakravarti and S.K. Datta, JJ. composing a Division Bench were divided in their opinion on a point of construction of Section 25(1) of the Hindu Marriage Act, 1955, the case was assigned to me for hearing on that point. The point ia stated by their Lordships as follows)'Whether a wife who got her marriage with her husband annulled by a decree of nullity on the ground of im-potency of the husband under Section 12(1)(a) of the Hindu Marriage Act, is entitled to get any maintenance on her application under Section 25 of the Hindu Marriage Act, 1955. subsequent to the passing of the decree of nullity'.2. The point arises for decision in this way. On August 1, 1968 a decree of nullity was passed by the learned District Judge of 24-Parganas on a petition under Section 12(1)(a) of the Hindu Marriage Act, 1955 presented by Sabita Rani Mondal, the opposite party in this Revisional Application, alleging that Sisir Kumar Kundu with whom she was married was impotent at the tim...
Tag this Judgment!Aswini Kumar Banerjee Vs. State and ors.
Court: Kolkata
Decided on: Jul-21-1971
Reported in: 1972CriLJ1505
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 filed on behalf of the detenu. Bikas Banerjee and is against the State of West Bengal through the Secretary, Home Department, the District Magistrate, 24-Parganas and the Superintendent of the Dum Dum Central Jail.2. The detenu was detained under Sub-section (1) read with Sub-section (3) to Section 3 of the West Bengal (Prevention of Violent Activities) Act 1970 President's Act No. 19 of 1970 by an order no. 96 of 1970 dated the 18th December, 1970 passed by the District Magistrate, 24-Parganas. His detention commenced on and from the 21st December, 1970 and the order of detention was confirmed on 27-3-71 as would appear from the averments in paragraph 3 (i) (a) (e) and (h) of the affidavit-in-opposition affirmed on 19-5-71 by the respondent no, 2. District Magistrate. 24-Parganas, A copy of the s...
Tag this Judgment!P.C. Ray and Co. (India) Pvt. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-20-1971
Reported in: AIR1971Cal512
Ghose, J.1. This appeal is directed against the judgment and order dated Septemher 1, 1970 delivered and passed by Masud, J. on an application made by the appellant. In the application the appellant claimed mainly super-session of an arbitration agreement contained inthe agreement dated August 31, 1951 between the appellant and the respondent. The appellant in the said application also prayed for a declaration that the Arbitrators appointed by the parties in terms of the arbitration agreement contained in the said agreement dated August 31, 1951 have no jurisdiction to proceed with the reference on the ground that the issues involved before the Arbitrators are barred by principles analogue to res judicata in view of an Award made in a previous reference between the parties on the basis of the very same arbitration agreement. The appellant also in the petition prayed for an injunction restraining the Arbitrators from proceeding with the reference.2. In the appeal before us Mr. Chaudhury...
Tag this Judgment!A. Akooji Jadwat Pvt. Ltd. Vs. Oriental Fire and General Insurance Co. ...
Court: Kolkata
Decided on: Jul-16-1971
Reported in: AIR1972Cal228,76CWN236
ORDERS.C. Deb, J.1. Pakistan waged war on India in 1965 and captured 'M.V. Shakeela' near Chalna in East Pakistan. She belonged to the plaintiffs and was mortgaged to the last defendant. She was covered by a valued policy of Rs. 10 lacs by the Insurer-defendants against the perils of 'Capture, seizure, arrest, restraint or detainment and the consequences thereof or any attempt thereat; and from the consequences of hostilities of warlike operations, whether there be a declaration of war or not'. She was condemned as a lawful prize by the Prize Court at Dacca and was made over to the Government of Pakistan in lieu of her sale. Thereafter, a suit was filed in the Court of the subordinate Judge at Khulna in East Pakistan against the plaintiffs by their Pakistani agents claiming over Rs. 2 lacs from the plaintiffs and she was attached in the hands of the Government of Pakistan pursuant to an order of that court. Then an agreement was entered into by and between the two Governments for her e...
Tag this Judgment!Nazla Rob Vs. the Commissioner of Wakf, West Bengal and ors.
Court: Kolkata
Decided on: Jul-14-1971
Reported in: AIR1972Cal389
ORDERSabyasachi Mukharji, J.1. This is an application under the Bengal Wakf Act, 1934. The petitioner one Nazla Rob claims to be in charge as the President of an Administrative Committee appointed in respect of Hazi Belayet Hossain's Estate of Arna. It appears that Hazi Belayet Hossain, in March, 1927 created a Wakf estate which was enrolled in the office of the Commissioner of Wakfs. The said Hazi Belayet Hossain appointed himself to be the first Mutwalli. On his death, his wife Musemmat Badrunessa Bibi was appointed under the deed of Wakf to be the Mutwalli. Thereafter, one Abdul Hoque became the Mutwalli. He is respondent No. 10 in the present application. By an order dated 26th of July, 1962, the Commissioner of Wakfs appointed an Administrative Committee of seven members of which the petitioner was the President. The said appointment was made under Section 27(2) (in) of the Bengal Wakf Act, 1934 read with Section 29 of the said Act. According to the petitioner the said Administrat...
Tag this Judgment!Smt. Saranalata Dasi Vs. Monimohon Modak and anr.
Court: Kolkata
Decided on: Jul-09-1971
Reported in: AIR1973Cal140,75CWN927
Amiya Kumar Mookerji, J.1. This appeal arises out of a proceeding for restitution under Section 144 of the Civil P. C. In execution of an ex parte rent decree, the suit property was auction-purchased by the respondents. The appellant brought a title suit for a declaration that the sale held in execution of the aforesaid rent decree, was fraudulent and inoperative, The learned Munsif decreed the appellant's suit. Thereupon she filed an application for restitution of the disputed property under Section 144, Civil P. C. The trial Court allowed her application and granted restitution. On appeal, the learned Subordinate Judge reversed the decision of the trial Court upon the view that the appellant was not entitled to have the restitution of the suit property as the said rent decree had not been varied or reversed.2. It was found by the learned Munsif that the respondents obtained the rent decree against the appellant by practising fraud upon her. If a decree has been obtained by fraud it m...
Tag this Judgment!Commissioner of Income-tax Vs. Carew and Co. Ltd.
Court: Kolkata
Decided on: Jul-08-1971
Reported in: [1973]87ITR459(Cal)
Sankar Prasad Mitra, J.1. In this reference under Section 66(2) of the Indian Income-tax Act, 1922, we have to answer the following question of law:' Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that relief should be given to the assessee on its Pakistan business income in accordance with the provisions of the Agreement for Avoidance of Double Taxation between the Government of India and Pakistan without setting off against it the loss in agricultural operations in Pakistan '2. The assessment year is 1956-57. The financial year is the year ending on June 30, 1955. Messrs. Carew & Co. Ltd., the respondent herein, is resident in India having its registered office in Calcutta, Its sources of income are from : (a) business in India and interest earned in India on securities, (b) manufacturing business in Pakistan and (c) agricultural properties in Pakistan.3. For the relevant year the respondent's Indian income as computed by the Income-tax ...
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