Kolkata Court January 1972 Judgments

Life Insurance Corporation of India Vs. M.L. Dalmia and Co. Ltd.

Court: Kolkata

Reported in: AIR1972Cal295

ORDERRamendra Mohan Datta, J. 1. This is an application for an order that the award dated April 29, 1971 be declared null and void and/or be set aside. 2. The facts are that on or about 1955 the then National Life Insurance Company Limited (hereinafter called the said company) accepted the tender of the respondent for the construction of a building at New Delhi. The work orders were issued and the respondent was asked to commence the work on the understanding that the formal contract would be issued in due course. In the matter of the said agreement the petitioner's architects Messrs. Ballardie, Thompson and Matthews acted as the agent of the petitioner all throughout. The petitioner from time to time made various payments against the running bills submitted by the respondent on the certificate of the said architects in terms of the said agreement. In 1956 the Life Insurance Corporation of India came into existence and the said Corporation duly took over the said contract on behalf of ...

Bedana Bala Dassi and ors. Vs. Calcutta State Transport Corporation

Court: Kolkata

Reported in: AIR1972Cal305

Arun K. Mukherjea, J.1. Thisappeal is directed against an order of the Motor Accident Claims Tribunal. The short facts of the case are as follows: One Gopinath Dcy died as a result of a motor accident on 5th March, 1964 at about 2 P.M. The accident took place near the junction of Upper Circular Road and Raja Rammohan Roy Road. It is an admitted fact that Gopinath was knocked down by State Bus No. WBS 1735. The widow and the children of Gopinath filed an application for compensation before the Tribunal. They alleged that the accident was due to the negligence of the driver of the aforesaid bus. The claimants claimed further that the income of Gopinath at the time of his death was about Rs. 100/-per month and that his age was 36 years at the time of death. The claimants claimed a sum of Rs. 10,000/-. Some evidence was adduced on behalf of the claimants regarding the circumstances in which Gopinath was knocked down by the State Bus. The opposite party Calcutta State Transport Corporation ...

Hungerford Investment Trust Ltd. Vs. Income-tax Officer and ors.

Court: Kolkata

Reported in: [1976]102ITR314(Cal)

P.K. Banerjee, J.1. This Rule is directed against the notice under Section 34 of the Indian Income-tax Act, 1922, under Section 23(2) for the assessment years 1949-50, 1950-51 and 1951-52. The petitioner, Messrs. Hungerford Investment Trust Ltd., having its registered office at Singapore, Malaya, holds all the shares of Messrs. Turner Morrison and Company Ltd. The Income-tax Officer passed an order under Section 23A before its amendment in 1955 in the case of Messrs. Turner Morrison & Co. Ltd. and proceedings were taken under Section 34 by the Income-tax Officer in order to tax the dividend deemed to have been declared under Section 23A in favour of M/s. Hungerford Investment Trust Ltd. for the assessment yours 1949-50, 1950-51 and 1951-52. The Hungerford Investment Trust Ltd. filed its return. It appears that the Income-tax Officer obtained approval of the Commissioner of Income-tax on 24th March, 1954, and thereafter issued the notice under Section 34 in the name of M/s. Turner Morri...

Prem Nath Mayer Vs. Registrar of Trade Marks and anr.

Court: Kolkata

Reported in: AIR1972Cal261,76CWN459

B.C. Mitra, J.1. On April 28, 1960 the second respondent filed an application for registration, in Part A of the Register, of a trade mark consisting of a label containing the image of a Goddess seated on a Lon and the words 'Ma Durga Brand in class V., 'in respect of agricultural implements specially for chaffcutter blades'. The application was thereafter advertised in the Trade Mark Journal. The application for registration was opposed by the appellant, and the opposition was based on the provisions in Sections 11 and 12(1) of the Trade and Merchandise Marks Act, 1958, (hereinafter referred to as the Act). The appellants in their opposition claimed that they were the prior users of a trade mark, which was duly registered, under the provisions of the Act being trade mark No. 12301 registered in Class VII in respect of, inter alia, 'Chaffcutter Blades and Knives'. The substance of the appellant's contention in the opposition to the registration of 'Ma Durga Brand' with the device menti...

Rangpur Tea Association Ltd. Vs. Makkanlal Samaddar

Court: Kolkata

Reported in: [1973]43CompCas58(Cal),76CWN392

B.C. Mitra, J. 1. This appeal is directed against a judgment and order dated July 31, 1970. By that order, the trial court granted the respondent's prayer for rectification of the share register of the appellant by enteringtherein the name of the respondent as the registered holder of certain shares mentioned in annexure ' A ' to the petition. 2. The respondent purchased a lot of 2,256 fully paid-up equity shares in the capital of the appellant, the value of each share being Rs. 50. Thereafter, the respondent applied for registration of the shares in his name. Upon application by the respondent for registration of the transfer of the shares, the appellant wrote to one of the transferors, enquiring about the genuineness of the transfer of the shares in favour of the respondent, and also whether full consideration for the transfer was paid. One of the transferors by his letter dated July 5, 1969, informed the appellant that he had sold the shares to the respondent on payment of full cons...

Sambhu Das Pyne Vs. Corporation of Calcutta

Court: Kolkata

Reported in: AIR1972Cal273,76CWN373

Alil Kumar Datta, J. 1. This is an application for a certificate of fitness for appeal to the Supreme Court against a decision of a Division Bench of this Court in F. M. A. No. 238 of 1969. The appeal arose out of an annual valuation made by the Corporation of Calcutta in respect of a basti situated in premises No. 105/3, Ultadanga Main Roaa within the Corporation of Calcutta, for assessment of consolidated rates with effect from 3rd quarter of 1951-52. The annual valuation was made departmentally by the Corporation at Rs. 20240/-. An objection was preferred by the owner, the petitioner before us, contending inter alia that the assessment was illegal, exorbitant and without jurisdiction, while the previous annual valuation was Rs. 7420/- from third quarter of 1950-51 as ultimately determined by the Court of Small Causes, Sealdah on May 21, 1954-On objection filed by the petitioner, the Deputy Commissioner (II) reduced the valuation from Rs. 20240/- to Rs. 15304/-. An appeal was preferr...

Banwarilal Pasari Vs. D.R. Kohli and ors.

Court: Kolkata

Reported in: AIR1972Cal306

ORDERSabyasachi Mukharji, J. 1. The petitioner in this application challenges the order of confiscation of a motor vehicle seized by the customs. The order was passed on 28th August, 1967. According to the petitioner, the petitioner by an agreement in writing had hired oat to the respondent No. 3 an Ambassador Motor Car bearing No. GED 7173 upon a hire-purchase agreement. The said car was seized near Krishnagar Division on the ground that the car was used as a means of transport of smuggling goods to the then Indo-Pakistan border. A show cause notice was issued and it was alleged that the car was liable to be confiscated under Section 115(2) of the Customs Act. The petitioner showed cause. Thereafter personal hearing was granted and the respondent No. 1, the Collector of Customs on the 28th August, 1967 passed an order and the order was received by the petitioner on the 9th November, 1967. The respondent No. 1 found that the car had been utilised on several occasions for the alleged sm...

Kaileswar Singh Vs. Upendra Nath Koyal

Court: Kolkata

Reported in: AIR1972Cal276,76CWN381

Sankar Prasad Mitra, J.1. This is a second appeal from the judgment of the Additional District Judge, 24 Pargannas dated the 3rd of March, 1962 dismissing an appeal from the judgment of the learned Subordinate Judge, 4th Court, Alipore, who had decreed the suit declaring the plaintiffs title to the disputed property and declaring further that a patta dated the 8th August, 1940 granting a mourasi mokarari right was void.2. Before we come to the facts itwould be convenient to set out a genealogical table which is as follows:-- RADHA KRISHNA MAHATA __________________________|_________________________ | | Narayan Lal Bulluk Lal ___|_____________________________________________________ | | | | Mohan Lal Madhab Gobinda Balaji | | | (predeceased Matilal (predeceased | Narayan) | Balaji) | | Gopallal Ganja Mathain (widow of Matilal) ___|________________________ | | | Ramji Lakshmanji Bharatji (Parties governed by Mitakshara)3. Briefly the facts are that the premises No. 17 Jad'u Bhattacharya ...

India Foils Ltd. Vs. the 5th Industrial Tribunal, West Bengal and ors.

Court: Kolkata

Reported in: AIR1972Cal308,76CWN404

ORDER1. This is an application forappropriate order and/or directions directing the respondents not to give effect to or enforce an order of the respondent No. 1, being order No. 27 of July 3, 1971.2. The petitioner's employees are members of a Trade Union known as India Foils Employees' Union. According to the petitioner most of the supervisors and staff assistants, who are members of the Association, are not 'workmen' within the meaning of the Industrial Disputes Act and for that reason, are not competent to raise any industrial dispute. According to the petitioner again although the supervisors and staff assistants are not entitled to raise an industrial dispute, they purported to raise such a dispute before the Labour Directorate, Government of West Bengal through the third respondent. An order of reference was made on June 4, 1969, by which the dispute raised by the said workmen was referred to the first respondent. The issues framed in the order of reference are:1. Incentive/Prod...

Kartick Das Vs. the State

Court: Kolkata

N.C. Talukdar, J.1. This Rule is against an order dated the 11th August. 1971 passed by Sri. K. Naskar. Magistrate. 1st Class. Alipore. District 24 Parsanas in case No. G. R. Case No. 701 of 1970 committing the accused-petitioner. Kartick Das alias Kartick Chandra Das. to the Court of Session for standing his trial on a charge under Section 302/34 I.P.C. along with co-accused Kedary Roy Choudhary.2. The facts leading on to the Rule are short and simple. On the 2nd April, 1970 at about 6-30 p.m.. the deceased one Rabi Das of premises No. 13. Panditia Road, Calcutta, which is a bustee area, came out of his house and while he was proceeding by Aswini Dutta Road, the accused Kedar confronted him near a tubewell. The other two accused Kartick and Sankar were also there. Sanker had a knife in his hand and handed over the same to Kedar asking him to finish Rabi Das. Thereupon the accused Kedar attacked Rabi stabbing with his knife, causing multiple bleeding injuries on his person. Rabi therea...