Kolkata Court January 1973 Judgments
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Md. Akbar Ali Gazi Vs. Mt. Ambia Khatoon
Court: Kolkata
Decided on: Jan-31-1973
Reported in: 1973CriLJ950
ORDERTalukdar, J.1. This Rule is at the instance of the second party petitioner. Md. Akbar Ali Gazi, directed against an order of maintenance passed on 26-6-72 by Shri L. V. Saptarishi, Subdivisional Magistrate, Basirhat in Case No. M109 of 1972.2. Some intriguing, sometimes even amazing, orders are brought to light in course of a proceeding purported to be under Section 488 Criminal Procedure Code. The facts required for appreciating the points at issue are short and simple. An application, not having all the trappings of a petition under Section 488 Criminal Procedure Code, was filed on 6-6-72 before the learned Subdivisional Magistrate. Basirhat by the first party-opposite party, Mt. Ambia Khatun, alleging neglect and refusal to maintain her as well as the factum of a second marriage on the part of the second party and containing an ultimate prayer that the learned Magistrate may be pleased to pass necessary orders. On this petition the learned Sub-divisional Magistrate straightway ...
Dewan Singh and anr. Vs. Golap Singh and anr.
Court: Kolkata
Decided on: Jan-30-1973
Reported in: AIR1973Cal302,77CWN566
ORDERN.C. Talukdar, J. 1. These two Rules are taken up together for disposal as they are interconnected. C. R. No. 2285 (R) of 1972 is ancillary to C. R. No. 859 (R) of 1972, depending on the same for an ultimate decision.2. C. R. No. 859 R of 1972 at the instance of the Petitioner Dewan Singh is for review and the prayer is as to why the order dated 25-8-1971 passed by K. K. Mitra, J., in C. R. 2595 of 1969 should not be reviewed. As the review application was out of time, an application under Section 5 of the Indian Limitation Act was filed on the 13th January, 1972 and the Rule was issued by A. K.Sinha, J., on the 15th March, 1972. The connected Rule viz., C. R. 2285 R of 1972 is also at the instance of the petitioner, Dewan Singh, praying that the hearing of the suit in the court below may be stayed till the disposal of the earlier Rule issued for review. An ad interim stay was also granted on terms when the Rule was issued by my learned Brother, A. K. Sinha, J., on the 6th July, 1...
Director-general of Post and Telegraphs and ors. Vs. N.G. Majumdar Ali ...
Court: Kolkata
Decided on: Jan-30-1973
Reported in: (1974)IILLJ44Cal
A.K. Sinha, J.1. This appeal is preferred by the Director General, Posts and Telegraphs, Union of India and others against the judgment and order of P. K. Banerjee, J. passed in writ jurisdiction of this Court upon an application under Article 226 of the Constitution made by the respondent quashing the order of dismissal from his service. Briefly stated, the facts are as follows.2. The petitioner who was at the material time an Assistant Engineer of Calcutta Telephones was charge-sheeted for his failure to maintain absolute integrity in the performance of his duty as required under Rule 3 of the C. C. S. (Conduct) Rules, 1955. Substantially, the allegations were that there were alterations and interpolations in the sub-vouchers submitted along with certain bills, entries had not been made in case of few purchases of materials of contingent nature in the stock register while in some other cases delayed entries were made, details of cash memos were not entered in the accounts and the pet...
Alekhyadhone Ganguly Vs. Sm. Anima Debi and ors.
Court: Kolkata
Decided on: Jan-25-1973
Reported in: AIR1973Cal304
ORDERA.K. Sarkar, J.1. This is an application by the defendants for execution of a decree for owelty money being Rs. 4,315/- and interest at 6 per cent, per annum being As. 1593/-calculated from the date of decree i.e., 21st December, 1965 to 15th February, 1972 with further interest on the said sum of Rs. 4315/- until payment and for costs of the execution proceedings by appointment of a Receiver and sale of the property allotted to the plaintiff and charged for payment of the said owelty money with interest at 6 per cent, per annum under the said decree viz., the divided Western portion of premises No 4-B, Chowringhee Road, Calcutta described in the schedule set out in column 10 of the Tabular Statement. Costs of partition proceedings directed to be borne and paid by the parties in proportion to their respective shares have not been taxed by the parties.2. By the Return of the Commissioner of Partition dated July 26, 1965, the properties were partitioned in Lot No. 1 and Lot No. 2. T...
Union of India (Uoi) and anr. Vs. Navigation Maritime Bulgare
Court: Kolkata
Decided on: Jan-25-1973
Reported in: AIR1973Cal526
ORDERSabyasachi Mukharji, J.1. This is an application for a stay of a suit. The petitioner is a company incorporated under the laws of Bulgaria and carries on business as a carrier of goods by sea. The petitioner is registered in Bulgaria. It is stated that on the 17th August, 1970 by a charter party entered into at Sofia, Bulgaria the petitioner chartered its vessel to Messrs. Chimiport of Sofia for carrying 10,000 metric tonnes, 5 per cent, more or less, of urea in bags from the Bulgarian Port of Bourgas to 1/2 Ports in India under the terms and conditions contained in the said charter party. In pursuance of the said charter party, it is alleged by the petitioner that the petitioner delivered in September, 1970 the said vessel to the charter at the Port of Bourgas where a quantity of urea in bags stated by the charterer-shipper to be 1,97,000 in number was shipped on board for carriage to India. A bill of lading dated 26th September, 1970 covering the said shipment was issued by the ...
K.L. Srivastava Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-25-1973
Reported in: 1974CriLJ518
ORDERN.C. Talukdar, J.1. These two Rules, which involve the same point for consideration and are taken up together for disposal, were directed to be heard together. The Rules are at the instance of the accused petitioner, K, L. Srivastava, as to why G. R. Case No. 887 of 1969, pending against him and several co-accused under Sections 120-B/420 and 420, Indian Penal Code in the court of Shri P. C. Chakraborty, Presidency Magistrate, 4th Court, Calcutta should not be amalgamated and tried together with G. R. Case No. 17 of 1969 pending against him and some others under Sections 120-B/420 and 420, Indian Penal Code in the court of Shri S. B. Putatunda, Presidency Magistrate, 10th Court, Calcutta.2. For a correct appreciation of the short point involved in the two Rules the background of facts is briefly given. On the 25th April, 1967 Shri N. K. Thandani, Deputy Director-General, D.G.S. & D., New Delhi, filed a complaint before the C.B.I./SPE/CIA-1 District New Delhi, that was recorded as ...
Sumanlal Parekh and ors. Vs. Collector of Central Excise and Customs, ...
Court: Kolkata
Decided on: Jan-24-1973
Reported in: AIR1974Cal158
ORDERT.K. Basu, J. 1. In this application the petitioners Sumanlal Parekh and Ram Chandra Varma challenge a notice dated 24th April 1971. The opening paragraph of the notice is in the following terms:--'Whereas, on the evidence indicated in the enclosed Sheets, there is reason to believe that you have contravened the provisions of the Gold Control Act. 1968, inasmuch as you acquired and had in your possession, custody or control, primary gold in the form of 98 pieces of semi-finished churis weighing 2,000 grammes valued at Rs. 38,000 (approx) in violation of Section 8(1) of the Gold (Control) Act, 1968.'2. It may be mentioned at this stage that out of 98 pieces of churis which are mentioned in the paragraph indicated above 50 pieces form the subject-matter of the present application and 48 pieces form the subject-matter of another application being matter No. 397 of 1971 (Pankaj Parekh and Ors. v. Collector of Central Excise and Customs, West Bengal and Ors.).3. According to the petiti...
Nishikanta Roy Vs. Monmohon Sen Gupta
Court: Kolkata
Decided on: Jan-22-1973
Reported in: AIR1973Cal529,77CWN424
ORDERM.M. Dutt, J. 1. This appeal is at the instance of the plaintiff and it arises out of a suit for eviction of the defendant from the suit premises on the ground of reasonable requirement of the plaintiff of the same. 2. The case of the plaintiff is that the plaintiff had been a tenant of the first degreein respect of two flats, each flat consisting of two bed rooms. In terms of a decree for eviction passed against the plaintiff on May 30, 1966, the plaintiff was to vacate one flat and to deliver possession thereof to his landlord. Out of said two bed rooms in the remaining flat, the defendant had been a tenant of the plaintiff in respect of one bed room. The plaintiff's family consists of himself, his wife, one son, three unmarried daughters and a maid servant. It is alleged that the plaintiff reasonably requires the suit premises, namely, the said bed room in the occupation of the defendant. The plaintiff determined the tenancy of the defendant by the service of a notice to quit, ...
Everest Hotels Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jan-18-1973
Reported in: [1978]114ITR779(Cal)
Sankar Prasad Mitra, C.J.1. This is an appeal against the judgment and order of B.N. Banerjee J., dated the 19th June, 1963, We have to decide 'whether the assessee's rental income out of a lease should be taxed under Section 10 or Section 12(4) of the Indian Income-tax Act, 1922 ?'2. The appellant, since 1927, has been carrying on the business of a hotel under the name and style of 'Hotel Mount Everest' at Darjeeling. On the 23rd October, 1952, the appellant executed an indenture of lease in favour of Messrs. Hotels (1938) Private Ltd. with effect from 1st November, 1952, at a consolidated leasehold rent of Rs. 75,000 per annum for a period of 5 years. The entire business of Hotel Everest, its goodwill, buildings, furniture, equipments, etc., were let out to Messrs. Hotels (1938) Private Ltd. under this indenture. On the expiry of the period of the lease, the appellant resumed its business on the 1st April, 1958.3. Now, under Section 9 of the Indian Income-tax Act, 1922, tax is payabl...
The Khadi and Village Industries Commission and ors. Vs. Sudhangsu Sek ...
Court: Kolkata
Decided on: Jan-15-1973
Reported in: AIR1973Cal534
A.K. Sinha, J.1. This second appeal is preferred against an appellate decree reversing the decree of trial Court.2. The plaintiff respondent filed a suit for recovery of a sum of Rs. 6,765/12/4 Pies on 2nd January, 1963, in the Additional Court of Subordinate Judge, Nandia, alleging inter alia, that he carried on repair works of certain building including additions and alterations under a contract between him and the defendants at a cost of Rs. 27,665/12/4 Pies out of which he received a sum of Rs. 20,900/- but in spite of demands the balance was not paid.3. The defendant No. 1, chairman of Khadi and Village Industries Commission, the present appellant, contested the suit and in his written statement he denied all material allegations. In particular, be denied such contract and also his liability to pay the amount of claim as being excessive, illegal and unenforceable. The defendant Nos. 2 and 3 that is respondent Nos. 2 and 3 in the present appeal did not contest the suit.4. The trial...
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