Kolkata Court August 1972 Judgments
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Bose Manna and Company Pvt. Ltd. Vs. Additional Land Acquisition Offic ...
Court: Kolkata
Decided on: Aug-07-1972
Reported in: AIR1974Cal1
B.C. Mitra, J. 1. This appeal is directed against a judgment and order dated April 21, 1971. A rule nisi was obtained by the appellant for quashing an Award relating to acquisition of the appellant's land under the Land Acquisition Act, 1894, hereafter referred to as the Act. The appellant purchased some land including a tank at Honvrah and set up a Factory on this land. The Howrah Improvement Trust initiated proceedings for acquisition of the appellant's hinds which were included in C. S. Plots Nos. 1296. part of 1297 and 1298 for an improvement scheme of that locality in Howrah. Of these plots, plot No. 1296 contains a tank. The appellant filed claims in respect of the plots and an award was made in respect of plot No. 1297 (part) and nlot No. 1298 onMarch 26, 1966. Possession of the plots was taken on March 30, 1966, by the Collector. Thereafter, another award was made on August 19, 1966, with respect to plot No. 1296 which was a tank. On August 24, 1966, the Collector's representat...
Murlidhar Surda Vs. Income-tax Appellate Tribunal and ors.
Court: Kolkata
Decided on: Aug-04-1972
Reported in: [1973]92ITR189(Cal)
Sabyasachi Mukharji, J. 1. In this matter the assessment of the petitioner under the Indian Income-tax Act, 1922, for the assessment year 1961-62 was completed on the 30th November, 1965. It is not necessary to refer to the details of that assessment order. The petitioner preferred an appeal, being aggrieved by the said assessment order, to the Appellate Assistant Commissioner. On the 17th October, 1966, the Appellate Assistant Commissioner affirmed the order of the Income-tax Officer. On the 12th January, 1967, the petitioner filed an appeal before the Tribunal challenging the said order of the Appellate Assistant Commissioner. On the 20th December, 1969, notice was issued from the Income-tax Appellate Tribunal to the assessee, the petitioner herein, intimating that the appeal had been fixed for hearing on the 7th January, 1970. On the 5th January, 1970, the petitioner sent a letter by registered post with acknowledgment due praying for adjournment of the appeal on the alleged ground ...
Nishith Ranjan Mukherjee and ors. Vs. the State of West Bengal and anr ...
Court: Kolkata
Decided on: Aug-03-1972
Reported in: AIR1973Cal342
Arun K. Mukherjea, J.1. These arc two cross-appeals from the decision dated 29th July. 1964 of the Land Acquisition Judge, Alipore in a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the said Act). Premises No. 7, Hazra Road (hereinafter referred to as the said premises) was acquired under the Land Acquisition Act for the purpose of establishment of an educational institution. The relevant notification under Section 4 of the said Act was published on 22nd October, 1959. The Collector gave his award under Section 11 of the said Act on 25th March, 1961. The premises in question contained land measuring about 1 bigha 8 cottahs 15 chittacks and certain structures. The Collector awarded Rs. 1,93,881.25 np. for the land, Rs. 1,13,300.00 for the structures, Rupees 120.00 for the trees and Rs. 46,095.19 as statutory allowance aggregating Rupees 3,53,396.44 np. In making the reference under Section 18 the Collector states that the value of land was determined...
Ajit Kumar Roy and ors. Vs. Sm. Satya Bala Dutt and ors.
Court: Kolkata
Decided on: Aug-03-1972
Reported in: AIR1973Cal339,78CWN19
M.M. Dutt, J.1.This appeal is at the instance of the defendants and it arises out of a suit for ejectment.2. The suit premises consists of three floors in premises No. 8/1, Baithakkhana First Lane now known as Debendra Nath Roy Lane. The plaintiff purchased the said premises on September 30, 1959. She instituted the suit on March 22, 1962. Thecase of the plaintiff is that the plaintiff with the members of her family have been residing in a rented house and that she reasonably requires the suit premises for the use and occupation of herself and the members of her family. It has been alleged by the plaintiff that the defendants are defaulters in payment of rent. The tenancy of the defendants were determined by the plaintiff by the service of a notice to quit, but the defendants not having vacated the suit premises, the plaintiff instituted the suit.3. The suit was contested by some of the defendants. It has been alleged by the defendants that the plaintiff is not the owner of the suit pr...
The Commissioners for the Port of Calcutta Vs. PulIn Behari Mondal and ...
Court: Kolkata
Decided on: Aug-03-1972
Reported in: AIR1973Cal537,77CWN207
M.M. Dutt, J.1. This appeal is at the instance of the Commissioners for the Port of Calcutta and it is directed against an order dated October 3, 1969 of D. Basu, J. By the said order Civil Rule No. 2204(W) of 1967 out of which this appeal arises, was made absolute.2. The State Government issued a notification under Section 4 of the Land Acquisition Act, being notification No. 12548 L. A. (P. W.) dated July 28, 1967 in respect of several plots of land belonging to different persons and measuring 26.15 acres. The land of the respondents Nos. 1 to 15 who were the petitioners in the Rule out of which this appeal arises, has also been included in the notification. It is stated in the notification that the said 26.15 acres of land is likely to be needed for a public purpose, namely, for the establishment of Haldia Dock at the expenses of the Commissioners for the Port of Calcutta.3. The respondents and other groups of persons challenged the legality and validity of the notification by separ...
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