Kolkata Court March 1972 Judgments
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Mira Bose Vs. Santosh Kumar Bose
Court: Kolkata
Decided on: Mar-08-1972
Reported in: 1973CriLJ790
N.C. Talukdar, J.1. This is a Rule for contempt issued by our learned brothers. R.N. Dutt and K.K. Mitra. JJ. calling upon the respondent, Santosh Kumar Base, to show cause why he should not be dealt with for contempt of Court for having violated orders dated the 23rd September, 1969 and the 25th July, 1970, passed by Shri P.K. Chanda. Judge, 3rd Bench. City Civil Court, Calcutta, in matrimonial Suit No. 66 of 1969.2. The facts leading on to the Rule are chequered but can be put in a short compass. The applicant Mira Bose was married to the respondent on the 7th July, 1965 and two sons, viz., Tamal and Prasanta. were born out of the wedlock on the 15th. February. 1967 and the 11th April, 1968 respectively. The relationship between the husband and the wife unfortunately became embittered and on or about 22.11.68 the petitioner was compelled to leave her husband's place due to alleged cruel and inhuman treatment. The children were however kept back by the respondent. The petitioner filed...
Sushil Kumar Dhara Vs. the Election Commission of India and ors.
Court: Kolkata
Decided on: Mar-06-1972
Reported in: AIR1973Cal184,1973CriLJ253
ORDERChittatosh Mookerjee, J.1. This petition was filed by Shri Sushil Kumar Dhara claiming himself as General Secretary of Bangla Congress, Rajya Committee, No. 2, Basanta Bose Road, Calcutta-26. At the time of issue of the Rule, a leave under Order 1, Rule 8 of the Code of Civil Procedure was granted to the petitioner to prosecute the petition on behalf of and for the benefit of all the members of Bangla Congress. In pursuance thereof notices were published. Purnendu Narayan Khan and six others made an application for being added as petitioners. Let the said persons be added as petitioners.2. In May 1965, Bangla Congress was formed as a political party. In the general election 1967, candidates set up by Bangla Congress had contested with free Symbols. In the mid-term General Election to West Bengal Legislative Assembly held in the year 1969, the Election Commission recognised Bangla Congress as a State political party and had allotted symbol 'Plough' for the candidates set up by Bang...
income-tax Officer, g Ward and anr. Vs. India Foils Ltd.
Court: Kolkata
Decided on: Mar-06-1972
Reported in: 76CWN549,[1973]91ITR72(Cal)
P.B. Mukharji, C.J. 1. This is an appeal from the order of K.L. Roy J. It was an application under article 226 of the Constitution of India. K.L. Roy J, India Foils Ltd. v. Income-tax Officer : [1973]87ITR333(Cal) .made the rule absolute and issued a writ of prohibition, commanding the respondent to forbear from proceeding any further with the impugned notice and with any other proceedings connected therewith.2. A notice dated 11th March, 1969, relating to the assessment year 1962-63, purported to have been issued under Section 154/155 of the Income-tax Act, 1961, is the subject-matter of this application. The notice dated 11th March, 1969, reads as follows :'C/1/1-27/G Ward Dated 11th March, 1969Notice under Section 154/155 of the Income-tax Act, 1961. To,The Principal Officer, Name : Messrs, India Foils Ltd., 11, Sooterkin Street, Calcutta. The assessment under Section 143(3) for the assessment year 1962-63 made on 18th March, 1965, requires to be amended as there is a mistake appa...
The Corporation of Calcutta Vs. the Building Tribunal and ors.
Court: Kolkata
Decided on: Mar-02-1972
Reported in: AIR1972Cal318
ORDERAmiya Kumar Mookerji, J. 1. This Rule was obtained by the Corporation of Calcutta. It is directed against the appellate order of the Building Tribunal passed in an appeal under Section 414-A of the Calcutta Municipal Act, 1951. 2. The opposite party No. 2 as proprietor of Sree Printers & Binders and as the Managing Director of Esscbe Printers Pvt. Ltd., is a monthly tenant of a structure in the ground floor of premises No. 42. Dharamtolla Street Calcutta, since April, 1955. Sometime in the year 1960, by two letters dated 25-8-1960 and 3-9-1960 complaint was made by the owner as well as some co-tenants of the said premises, to the City Architect and the Commissioner of the Corporation of Calcutta respectively, that the said opposite party No. 2 without any permission covered the open space with corrogated sheets and constructed a room on the corridor space, thus created an unauthorised structure. On receipt of the said complaint, the site was inspected. Two unauthorised sheds of C....
Bharati Private Ltd. Vs. R.S. Chadda and ors.
Court: Kolkata
Decided on: Mar-02-1972
Reported in: 76CWN604,[1973]89ITR108(Cal)
P.B. Mukharji, C.J.1. This is an appeal from the judgment and orderof T. K. Basu J. dismissing the application of the appellant and discharging the rule. This application was made under Article 226 of theConstitution.2. The appellant is Messrs. Bharati Private Ltd. It is a private limited company. It carries on the business of distribution of cement, iron and steel, asbestos and also the business of clearing handling agency.3. On February 10 and 11, 1966, the appellant's business and residential houses were searched under a search warrant and certain articles seized. It is against this search and seizure that the present challenge was made under Article 226 of the Constitution. The appellant's premises which were searched were : (1) office at 12A, Netaji Subhas Road, Calcutta, (2) godown at 244, Upper Chitpur Road, Calcutta, (3) P-6, Block-B, Bangur Avenue, Calcutta-28, (4) 95-B, Dhuramtalla Street, Calcutta, (5) Branch Depot at Barasat 24-Parganas, (6) Branch Depot at Bongaon, 24-Parg...
Corporation of Calcutta Vs. Hindusthan Construction Co. Ltd.
Court: Kolkata
Decided on: Mar-01-1972
Reported in: AIR1972Cal420
Salil Kumar Hazra, J. 1. The plaintiff Corporation of Calcutta is claiming in this suit repayment or refund of Rs. 40,871/- from the defendant, as money paid to the defendant by mistake of fact and law. 2. The defendant carries on business as engineer and contractor. In Janu-ary/March, 1952, the plaintiff Corporation of Calcutta invited tenders for completion of Dry Water Flow Channel for 'Dr. Dey's Kulti Outfall Scheme', for construction of channels. The defendant submitted tenders. Three contracts were entered into between the plaintiff and the defendant. The first contract was executed on April 29, 19.52, the second contract was executed on April 29, 1952 and the third contract was executed on November 1, 1952. The contracts were made as per specifications and tenders of the defendant. Tenders were sent along with forwarding letters of the defendant. Each of the forwarding letters of the defendant to the plaintiff provided as follows:-- 'We have not provided for sales tax in our quo...
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