Kolkata Court August 1971 Judgments
Keshav Deo Tulshan Vs. Jagadish Prasad Tulshan
Court: Kolkata
Decided on: Aug-30-1971
Reported in: AIR1973Cal83
ORDERRamendra Mohan Datta, J.1. This is an application for an order, inter alia, for stay of all further proceedings relating to and/or arising out of the ex parte decree dated March 28, 1964, passed in Suit No. 2678 of 1953 including the pending reference in respect thereto and/ or for stay of further operation of execution of the said decree. In the alternative, an order of injunction has been prayed for restraining the defendant, his servants and agents from taking any further or other steps in execution of the ex parte decree dated March 28, 1964 passed in Suit No. 2678 of 1953 and/or from proceeding with or continuing the said pending reference thereunder.2. This case has a very long history behind it.3. The suit being Suit No. 2678 of 1953 (Jagadish Prasad Tulshan v. Keshav Deo Tulshan and another) was instituted against the petitioner and against one Bharat Fira & General Insurance Limited. The said Jagadish Prasad Tulshan being a minor instituted the said suit through his next ...
Tag this Judgment!Ramkrishna Bose Vs. Sm. Gouri Bose
Court: Kolkata
Decided on: Aug-26-1971
Reported in: 1971CriLJ1784
ORDERTalukdar, J.1. This Rule is at. the instance of the second partv petitioner. Sri Ramkrishna Bose. against' an order dated the 21st March, 1970 passed by Sri A. K. Mitra. Magistrate, 1st Class Sealdah in. case no. M. 148 of 1969/T. Rule 71 of 1970, rejecting the second party's objection to the maintainability of the application for maintenance Under Section 488. Criminal. Procedure Code filed by the first-party Sm. Gouri Bose. on the ground of iurisdiction. .2. The facts leading on to the Rule are rather chequered. The parties, who are husband and wife, belong to respectable families but their relationship unfortunately become strained, shortly after their marriase leading on to a criminal case and two applications for maintenance. The husband as stated in his show cause petition, is employed as an Art Counsellor, State Institution of Education, Delhi while the wife, who was at the time of her marriaae. a student in the B. A. Class, is the daughter of a recognized educationist, sin...
Tag this Judgment!Sk. Aslam and ors. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-25-1971
Reported in: AIR1972Cal292,76CWN46
Amiya Kumar Mookerji, J.1.This appeal is by the referring claimant and it arises out of a reference under Section 8 of the Requisitioning and Acquisitioning of Immovable Property Act, 1952 (hereinafter referred to as the Act).2. On May 13, 1944, C. S. Plot Nos. 801, 805, 994, 998 (p), 1025, 1026, 1029, 1030, 1083, 1148 and 1149 of mouja Digla in the district of 24-Parganas, were requisitioned under Rule 75A (1) of the Defence of India Rules. Thereafter on November 4, 1959, these plots measuring about 3.69 acres were acquired under Section 7 of the Act. On November 9, 1959, the Land Acquisition Collector awarded compensation at the rate of Rs. 1,000/-per bigha with respect to lands in the above C. S. Plot except plot No. 1149 which is a doba and the same was assessed at Rs. 500/- per bigha As no agreement was reached between the parties with regard to the assessment made by the Land Acquisition Collector, an Arbitrator was appointed by a notification dated 17th of May, 1960, and, a refe...
Tag this Judgment!Mangalore Electric Supply Co. Ltd. (In Voluntary Liquidation) Vs. Comm ...
Court: Kolkata
Decided on: Aug-25-1971
Reported in: [1972]86ITR472(Cal)
Sankar Prasad Mitra, J.1. The assessee in this reference under Section 66(1) of the Indian Income-tax Act, 1922, was carrying on business as distributors of electricity in Mangalore, South Kanara District. The assessment year is 1957-58. The previous year is the year commencing from April 1, 1955, and ending on October 14, 1956.2. The Mysore Government acting under Section 4(1) of the Madras Electricity Supply Undertakings (Acquisition) Act, 1954, took over all the properties of the assessee on October 14, 1956. The assessee did not carry on any business thereafter.3. At the time the assessee was carrying on the business of distribution of electricity it was working under a licence which the Government of Madras had granted in favour of Messrs. Octavious Steel & Company Ltd., dated the 6th May, 1930, The licensee had the right to assign the licence subject to the previous consent of the Madras Government. The licence was assigned to the assessee.4. Mangalore, prior to the reorganisatio...
Tag this Judgment!K.C. Chatterjee Vs. the Durgapur Projects Ltd.
Court: Kolkata
Decided on: Aug-24-1971
Reported in: AIR1972Cal383
Gupta, J. 1. This appeal is under Section 39(1)(iv) of the Arbitration Act from an order refusing to file an arbitration agreement. The appellant, a firm of building contractors, submitted tender for the construction of an Auto Exchange at Durgapur which was accepted by the respondent, Durgapur Projects Ltd., and a formal contract was executed on the 11th March, 1964. The contract contained an arbitration clause namely Clause 25, the relevant part of which is as follows: 'Except where otherwise provided in the contract all questions and disputes. . . . .................. shall be referred to the sole arbitration of the Chief Engineer of the Department. Should the Chief Engineer be for any reason unwilling or unable to act as such arbitrator, such question and dispute shall be referred to an arbitrator to be appointed by the Chief Engineer. The award of the arbitrator shall be final, conclusive and binding on all parties to this contract.' 2. The appellant alleges that the respondent su...
Tag this Judgment!Megna Mills Co. Ltd. Vs. Soroggie Bros. (i) Private Ltd.
Court: Kolkata
Decided on: Aug-20-1971
Reported in: [1973]43CompCas64(Cal)
Salil K. Roy Chowdhury, J. 1. This is an application for stay of a Company Petition No. 201 of 1971, including all proceedings thereunder. 2. The relevant facts are as follows : The petitioning-creditor (hereinafter referred to as 'the respondent '), pursuant to diverse orders received on different dates at an agreed rate, sold and delivered to the applicant (hereinafter referred to as ' the company '), various mill stores and equipment between October, 1968, and July, 1969, and submitted their bills. The respondents submitted their bills to the company which were accepted by the company and the company from time to time made diverse payments and a sum of rupees 98,583.44 remained due by the company to the respondent in respect of balance of price of goods sold and delivered as aforesaid. As the company failed to pay the respondents the said dues, the respondents by a notice of their solicitor dated the 28th of November, 1970, served on the company under Section 434 of the Companies Ac...
Tag this Judgment!Mrs. Roma Bose Vs. Income-tax Officer, c Ward and ors.
Court: Kolkata
Decided on: Aug-20-1971
Reported in: [1974]95ITR299(Cal)
S.C. Ghose, J. 1. This application has been made, inter alia, for the issue of a writ in the nature of certiorari for quashing and/or setting aside two several notices, one dated 25th May, 1968, and the other dated nil issued under Section 148 of the Income-tax Act, 1961, hereinafter referred to as the new Act, for the assessment year 1965-66 and all proceedings taken under the said notices, for the issue of a writ in the nature of mandamus, to cancel, withdraw and rescind the said notices and the proceedings taken under them, writ in the nature of prohibition directing the respondents to forbear from giving any effect to or taking any step in pursuance of the said notices and also for the issue of a writ in the nature. of mandamus commanding the respondents to refund to the petitioner the amount of Rs. 26,230.59 realised by the respondent No. 1 in excess of the amount that was legally due by Subodh Kumar Bose, since deceased, on account of income-tax.2. The petitioner is the widow and...
Tag this Judgment!Sachindra Nath Mahapatra Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-17-1971
Reported in: AIR1972Cal385,76CWN33,(1972)ILLJ368Cal
ORDERA.K. Sinha, J.1. This is a Rule obtained by the petitioner for quashing an order of dismissal from his service in writ jurisdiction of this Court.2. The petitioner served as a Constable for more than 11 years under the West Bengal Police. While he was attached to the Dubrajpur Police Station in the district of Birbhum he was charged with gross misconduct unbecoming of a Police Officer. The charges briefly were firstly, outraging the modesty of a woman, secondly of assaulting a Dafadar and thirdly, demanding illegal gratification from few Ricksaw Paddlers of Dubraipur. An enquiry proceeding was started by one Mr. D. N. Panda, the then Superintendent of Police, Birbhum, but as he was subsequently transferred, one Mr. J. Barman who came in his place proceeded with the enquiry and found that the first and the third charges were proved. The petitioner was not dismissed as 'considering the hard days and also his service records' he felt inclined 'to give him a chance to rectify himself,...
Tag this Judgment!Mitsubisha Shoji Kaisha Limited Vs. the Fourth Industrial Tribunal and ...
Court: Kolkata
Decided on: Aug-16-1971
Reported in: (1973)ILLJ146Cal
Sabyasachi Mukherji, J.1. The petitioner is a company incorporated under the laws of Japan. It carries on business of general importer and exporter at No. P-17, Mission Row Extension in Calcutta. In its business the petitioner employed certain number of workmen. Such workmen include drivers of motor vehicles belonging to the petitioner. Such workers of the petitioner who are employees for driving the motor vehicles are three in number. In March, 1963. a trade union by the name of the Calcutta Motor Workers' Union raised certain demands including conveyance allowance for the drivers and stoppage of the 'Log Book' system on behalf of the petitioner's drivers. It is the case of the petitioner that the said workers' union was not at any material time a trade union of the collective body of the petitioner's workmen nor were a substantial number of the petitioner's workers members of the said trade union. The petitioner further contends that the petitioner's workmen collectively never raised...
Tag this Judgment!Benoy Chakravarty and ors. Vs. the State and ors.
Court: Kolkata
Decided on: Aug-12-1971
Reported in: 1972CriLJ680
ORDERN.C. Talukdar, J.1. This Rule is at the instance of the complainant petitioner, Benoy Chakraborty against an order dated the 27th February. 1971, passed by Sri H. S. Barari. Additional Chief Presidency Magistrate, Calcutta refusing to issue process against the accused opposite-parties Nos. 2 and 3. in the absence of a sanction under Section 197(1) of the Code of Criminal Procedure, in case No. G/783 of 1970 under Section 302/34 I. P. C.2. The facts can be put in a short compass. On the 22nd December. 1970, the complainant-petitioner filed a petition of complaint in the court of the Additional Chief Presidency Magistrate, Calcutta under Sections 302/34. 201 and 379 I. P. C. against six named accused persons including the opposite-parties Nos. 2 and 3, and some others, whose names were not known but could be identified. The Additional Chief Presidency Magistrate examined the complainant and sent the matter to Sri R. P. Roy Chowdhury, Presidency Magistrate, 11th Court. Calcutta for a...
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