Kolkata Court February 1973 Judgments
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Ghaffar Haji Shakoor Vs. S.M. Saeed
Court: Kolkata
Decided on: Feb-28-1973
Reported in: AIR1974Cal83,77CWN648
M.M. Dutt, J.1. These two appeals are at the instance of the defendants and they arise out of a suit for eviction on the grounds of default in payment of rent, subletting of the suit premises and reasonable requirement of the plaintiff of the suit premises for his own use and occupation.2. The case of the plaintiff is that the plaintiff is the owner of premises No. 15, Zakaria Street, Calcutta. The defendant No. 1 had been a monthly tenant under the plaintiff in respect of twelve rooms numbered as rooms Nos. 10 to 21 in the first floor of the said premises at a monthly rent of Rs. 190/- payable according to the English Calendar month. The defendant No. 1 has renumbered the said rooms as rooms Nos. 10 to 14, 15 and 15-A to 20. The tenancy of the defendant No. 1 was terminated by a notice to quit dated February 20, 1967. It is alleged that the defendant No. 1 has sublet and/or transferred the suit premises to the defendants Nos. 2 to 5 who had given notices under Section 16 (2) of the We...
Hongkong and Shanghai Banking Corporation Vs. Income-tax Officer, c Wa ...
Court: Kolkata
Decided on: Feb-28-1973
Reported in: [1975]100ITR531(Cal)
T.K. Basu, J.1. In this application the petitioner, The Hong-Kong and Shanghai Banking Corporation, challenges several notices issued under section 148 read with Section 147 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), covering assessment years 1950-51 to 1960-61. The notices are impugned on the usual ground that there was no omission or failure on the part of the assessee to disclose all material facts relevant for its assessment during the respective assessment years and consequently the notices are without jurisdiction and void,2. The facts which are relevant for the purpose of appreciating this contention may be briefly noted.3. The petitioner-bank is a world-wide organisation having its branches in several countries including India, the United Kingdom and the United States. Being an exchange bank there are certain expenses which are incurred in the United Kingdom and the United States offices of the bank which can be said to be referable to transactions whic...
Hongkong and Shanghai Banking Corporation Vs. Income-tax Officer. c Wa ...
Court: Kolkata
Decided on: Feb-28-1973
Reported in: [1975]100ITR513(Cal)
T. K. BASU J. - In this application the petitioner, The Hong - Kong and Shanghai Banking Corporation, challenges several notice issued under section 148 read with section 147 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). Covering assessment years 1950-51 to 1960-61. The notices are impugned on the usual ground that there was no omission or failure on the part of the assessee to disclose all material facts relevant for its assessment during the respective assessment years and consequently the notices are without jurisdiction and void.The facts which are relevant for the purpose of appreciation this contention may be briefly noted.The petitioner - bank is a word - wide organisation having its branches in several countries including India, the United Kingdom and the United State. Being an exchange bank there are certain expenses which are incurred in the United Kingdom and the United States offices of the bank with can be said to be referable to transactions which or...
Prodyot Kumar Mukherjee and ors. Vs. R. Gersappe Regional Manager, Ban ...
Court: Kolkata
Decided on: Feb-28-1973
Reported in: 1973CriLJ1361
ORDERN.C. Talukdar, J.1. This Rule is at the instance of the Second Party-Petitioners, who are 24 in numbers, and is directed against an order dated the 12th February, 1973 passed by Shri H. N. Sen, Chief Presidency Magistrate, Calcutta under Section 144(2), Criminal Procedure Code, in Misc. Case No. 134 of 1973 calling upon the Officer-in-Charge, Hare Street Police Station to see that no breach of peace took place and to enquire and report by 28-2-73; while restraining the members of the Second-Party in the meantime from coming within 10 yards from Premises No. 23-A & B Netaji Subhas Road, Calcutta and creating disturbance or obstructions to the normal banking operations or in any way obstructing the employees, officers and others in discharging their duties and functions assigned to them.2. The facts leading on to the Rule may be put in a short compass. A dispute, said to have been high lighted by some action, arose between the employers and some employees of the Bank of India at Pre...
Abdul Rahaman Vs. Sm. Angur Bala Manna and anr.
Court: Kolkata
Decided on: Feb-27-1973
Reported in: AIR1974Cal16
Salil Kumar Datta, J. 1. This is an appeal by the defendant against a decree passed by the City Civil Court, Calcutta. The plaintiff instituted the suit on the following allegations. The plaintiff obtained a settlement from the pro forma defendant Kashinath Auddy, the managing trustee to the Trust Estate of Gurudas Auddy deceased, of a piece and parcel of vacant land of premises No. 94, Dharamtalla Street, Calcutta, measuring more or less 120 sq. ft. as delineated in the plan attached to the plaint, on 15-4-65 at a monthly rent of Rs. 25/- according to English calendar month. She also obtained delivery of possession of the demised area on the said date. The defendant who is also a tenant under the pro forma defendant in respect of other portions' of the said premises, squatted on the suit land on the morning of 16th April, 1965 and failed to remove his materials stacked at the site in spite of requests both , of the plaintiff and the pro forma landlord. Accordingly, the suit was instit...
Chaudhury Iron Co. (P.) Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-27-1973
Reported in: [1974]34STC21(Cal)
S.C. Ghose, J. 1. This is an application under Article 226 of the Constitution for the issue of a writ in the nature of mandamus for directing the respondents to release the books of account seized by respondent No. 4 on 26th April, 1973, and also for the issue of 'about 200 declaration forms' to the petitioner.2. The petitioner is a private limited company registered under the Companies Act, 1956, and carries on business in the manufacture and distribution of, inter alia, M.S. rolling flats, channels, angles and similar goods. The petitioner-company was incorporated under the Companies Act, 1956, on 25th February, 1964, and commenced its business in or about April, 1964. The petitioner-company has to purchase steel and iron plates from, inter alia, M/s. Hindustan Steel Ltd., M/s. Tata Iron & Steel Co. Ltd., Indian Iron & Steel Co. Ltd., besides various other raw materials from other parties for the purpose of manufacturing goods. The petitioner-company also sells goods manufactured by...
Chandra Bhan Agarwal and anr. Vs. Arjundas Agarwal and ors.
Court: Kolkata
Decided on: Feb-26-1973
Reported in: AIR1974Cal183
S.C. Ghose, J.1. This is an application made by the petitioner for the cancellation or revocation of the registration under the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the said Act) of the trade mark 'DORA' applicable to the Ganjis or vests manufactured by the respondents and being the trade mark No. 252040. The said word 'Dora' together with some designs was duly registered as trade mark on October 3, 1968.2. The respondent firm has been carrying on business in the aforesaid Ganjis and hosiery vests since 1962 and has been using the said mark 'Dora' as their trade mark in respect of goods manufactured and sold by them. The word 'Dora' is an essential feature of the trade mark and together With design was considered to be a distinctive trade mark by the Registrar and was registered as such under the said Act 3. The ground for revocation or cancellation of the said trade mark as stated in the petition filed in support of the Notice of Motion is that the word '...
Prem Singh Vs. Sm. Dulari Bai and anr.
Court: Kolkata
Decided on: Feb-26-1973
Reported in: AIR1973Cal425,77CWN535
A.K. Sinha, J. 1. These two appeals are preferred by the husband against the judgment and decree of the trial Court refusing restitution of conjugal rights, and allowing the wife a child's custody briefly, in the following circumstances.The petitioner-husband, who is the present appellant, made an application for restitution of conjugal rights against the respondent No. 1, Dulari Bai. His case, briefly, is that he married the respondent No. 1 according to Hindu rites in the month of February, 1955 at a place known as Terhiparha within P. S. Kharagpur, District Midnaporc. After their marriage they continued to live as husband and wife when a daughter was born who, however, subsequently died. Thereafter, another daughter Sukundraj and a son Kishen Singh were born out of their wedlock. Although, they lived happily for a number of years as husband and wife, the respondent No. 2, the mother of respondent No. 1, a woman of questionable character in conspiracy and collusion with others forcib...
Hetram Agarwal and ors. Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Feb-23-1973
Reported in: [1985]58STC115(Cal)
Anil Kumar Sen, J.1. The petitioners in this writ petition are the partners of a firm known as Begraj Asoke Kumar. They carry on their business at Siliguri. On 16th January, 1959, the petitioners applied for registration of their firm under Section 7 of the Central Sales Tax Act, 1956. The application was made in the prescribed form and in item No. 16(a) the petitioner specified the various commodities they had been dealing with for resale in order that those commodities may be set out in the registration certificate. In the present application we are concerned with one such commodity, viz., pulses, which was set out in that application by the petitioners. This application was disposed of by an order dated 18th April, 1959, passed by the Commercial Tax Officer which reads as follows:Issue R. C. to the dealer under Section 7(1) of the Central Sales Tax Act, 1956. Start 11(2) for the period from 24.6.58 up to the date prior to the date of registration.2. The order reads as one which allo...
The J.B. Williams Co., Inc and anr. Vs. Registrar of Trade Marks and o ...
Court: Kolkata
Decided on: Feb-20-1973
Reported in: AIR1974Cal19
ORDERP.K. Banerjee, J. 1. The petitioner No. 1 is the manufacturer of toilet preparations and registered proprietor in India of the following Trade Marks: 'Trade Mark.Registration Number.ClassGoods.WILLIAMS5173Shaving Cream, Shaving powder, shaving, stick and liquid soapfor shampoo purposes, liquid hair dressings, shaving soap, preparations for cleaning the teeth, toiletsoap, cold cream, cosmetics, face power, toilet powder, toilet water and face washes.ESQUIRE5183Brushless shaving cream and other shaving creams or soaps.CONTI & DESIGN1034293Liquid shampoo, complexion cream and soaps, oils for the complexion.GLIDER1372403Shaving cream.AQUA VELVA1372413Face washes and after shaving preparations included in Class 3.'On 1st January, 1964 an agreement in writing was entered into by and between the petitioners whereby the petitioner No. 1 granted to the petitioner No. 2 exclusive right and licence to manufacture, distribute and sell directly in India toilet preparations mentioned hereinbefo...
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