Kolkata Court February 1973 Judgments
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Sm. Sailabala Dassi Vs. Sambhunath Barik and ors.
Court: Kolkata
Decided on: Feb-20-1973
Reported in: AIR1973Cal378
ORDERRamendra Mohan Datta, J.1. This is an application for the amendment of the plaint in an Administration Suit. The Suit was filed in 1965 and the written statement was filed sometime in December, 1965. In paragraphs 14, 15, 19, 29 of the plaint and in Annexure 'C' thereto it was pleaded in substance that the properties being premises Nos. 84 Bidhan Saranee and 8 and 12 Chittaranjan Avenue were purchased from out of the funds of the estate.2. In the written statement such allegations were denied and in substance the defendant Sachindra Nath Barik stated therein that the properties being premises Nos. 8 and 12 Chittaranjan Avenue, Calcutta on which a cinema house was built, solely belonged to him and he was in possession thereof all throughout and the same did not form part of the estate of the deceased.3. The plaintiff did not take any step to amend, her plaint so long but after her evidence had been taken on commission she had been advised to have the plaint amended to include a pra...
Sk. Nasirul Hoque Vs. Minor Johora Khatun Bibi
Court: Kolkata
Decided on: Feb-19-1973
Reported in: AIR1974Cal248,77CWN417
Salil Kumar Datta, J.1. This is an appeal by the defendant against a judgment of affirmance decreeing the suit. The suit was for confirmation or in the alternative recovery of possession on declaration of title and for injunction. Allegations made in the plaint are as follows : The plaintiff obtained the suit property from her father by a bemeadi lease dated 17-6-1952. The plaintiff had been since in possession thereof on payment of rent. The suit property is comprised within Dag No. 1276 being a demarcated portion measuring 2 decimals out of 9 decimals which along with land measuring half decimal of dag No. 1275 was taken settlement of as stated above. The plaintiff was aged about 14/15 years when the suit was filed on 20-11-59. The plaintiff's father purporting to act on her behalf sold the said land of dag No. 1276 on 4-2-1956 to plaintiff's father-in-law Abdul Malek. The sale was not for her interest or benefit and the recitals made in the document were false. There was never any p...
Barendra Prosad Roy and ors. Vs. Income-tax Officer, a Ward, Foreign S ...
Court: Kolkata
Decided on: Feb-19-1973
Reported in: 77CWN396,[1973]91ITR82(Cal)
Amiya Kumar Mookerji, J. 1. This appeal is directed against the judgment and order of Sabyasachi Mukharji J. discharging a rule nisi obtained by the appellants in an application under Article 226 of the Constitution on the ground that it is premature as an alternative remedy is provided under the Income-tax Act, 1961. 2. Two suits, one by the Bengal Chemical and Pharmaceutical Works Ltd. and the other by Ferbwerke Hoechst Aktiengesellschaft Vormals Meister Lucius & Burning (a corporation organised under the law of the Federal Republic of Germany), were brought against each other on the alleged infringement of patent on the Original Side of the Calcutta High Court. The appellant's firm under M/s. Orr, Dignam & Co. acted as the solicitors of the aforesaid German company. By a cable dated 31st of May, 1965, a firm of London solicitors, M/s. Ashurst Morris Grisp & Co., informed the appellant's firm that the said London solicitors acted for the said West German company in London and had ins...
Raja Katra Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Feb-16-1973
Reported in: 1973CriLJ1505
N.C. Talukdar, J.1. This appeal is at the instance of the Accused-Appellant M/s. Raja Katra @ Raja Katra Private Ltd. and directed against an order dated the 22nd May, 1969 passed by Sri N. K. Batabyal, Municipal and Presidency Magistrate, 3rd Court, Calcutta in Case No. 91/C of 1957, convicting the accused-appellant under Section 451(1)(a) read with Section 537 of the Calcutta Municipal Act, 1951 and sentencing it to pay a fine of Rs. 500/- in default whereof distress Warrant was to issue.2. The facts necessary for considering the points at issue are put in a short compass. On a complaint made under Section 451 (1) (a) of the Calcutta Municipal Act, by N. Kundu, Prosecuting Inspector, Corporation of Calcutta, the present case was started before the learned Municipal Magistrate, 3rd Court, Calcuta against the accused, M/s. Raja Katra Private Ltd., for keeping open a private market at 57, Clive Street, Calcutta without the requisite license for the year ending with the 31st March, 1957....
New Central Jute Mills Co. Ltd. Vs. Triloki Nath Kaul and ors.
Court: Kolkata
Decided on: Feb-15-1973
Reported in: AIR1974Cal146
ORDERSabyasachi Mukharji, J.1. The petitioner in this casa challenges two notices and orders issuedunder Section 19(2) of the Foreign Ex-change Regulation Act. 1947. These are dated 3rd of May. 1969 and 31st May. 1969 respectively. In view of the contentions raised in this application it would be appropriate to set out the said two notices:(1) 'No. Cal/1/66/AKRC/P.III/2586Calcutta Blanch,8. Lindsay Street. (2nd floor). Caicutta-16. Whereas for the purpose of theForeign Exchange Regulation Act. 1947(VII of 1947). the Central Governmentconsiders it necessary or expedient toobtain and examine the undermentioneddocuments in the possession of the Registrar of Companies. West Bengal-27,Brabourne Road. Narayani Building.,Calcutta-1 or which in the opinion ofthe Central Government it is possible forthe said Registrar of Companies. WestBengal 27. Brabourne Road. NarayaniBuilding. Calcutta-1 to obtain and furnish. Now. therefore, in exercise of the powers conferred by Sub-section (2) of Section ...
The Rajputana Trading Co. Ltd. Vs. Malay Trading Agency
Court: Kolkata
Decided on: Feb-13-1973
Reported in: AIR1974Cal152,(1973)77CALLT635(HC)
B.C. Mitra, J. 1. This is an application for a certificate under Article 133(1)(b) of the Constitution for leave to appeal to the Supreme Court. The application out of which this present application for leave to appeal has been made was an application under Section 5 of the Limitation Act. 1963. for condonation of delay in filing the Memorandum of Appeal. The respondent in this application made an application for condonation of delay which was disposed of by a judgment and order dated May 23, 1972. condoning the delay in presenting the Memorandum of Appeal and extending the time to file the same. Being aggrieved by this judgment and order, the petitioner now seeks a certificate for leave to appeal to the Supreme Court. The Appeal Court in making the order of May 23, 1972 came to the conclusions that the respondent in his application for condonation of delay had made out sufficient grounds for condoning the delay in presenting the Memorandum of Appeal 2. There are two points involved In...
Bakshish Singh Vs. Income-tax Officer, b Ward and ors.
Court: Kolkata
Decided on: Feb-12-1973
Reported in: 77CWN403,[1974]93ITR178(Cal)
Ghose, J.1. This is an application under Article 226 of the Constitution for, inter alia, the issue of a writ in the nature of mandamus directing the respondents to cancel or to rescind the said notice dated January 25, 1972, issued under Section 148 of the Income-tax Act, 1961, and the purported letter dated August 17, 1971, for the assessment year 1958-59.2. The petitioner derived his income from salary and also from money-lending business. For the assessment year 1959-60, the respondent No. 1 assessed the income of the petitioner at Rs. 4,000 from salary and Rs. 25,000 from other sources. This the respondent No. 1 did because a sum of Rs. 25,000 was appearing in the books of the assessee for that year as the opening balance. In the ultimate appeal before the Income-tax Appellate Tribunal the Appellate Tribunal set aside the addition of Rs. 25,000 in the income of the petitioner for the assessment year and allowed the appeal of the petitioner. The Appellate Tribunal found that the as...
United Industrial Bank Ltd. Vs. G.C. Dey
Court: Kolkata
Decided on: Feb-07-1973
Reported in: AIR1974Cal151
S.K. Mukherjea, J. 1. This guit has been filed by the plaintiff bank against the defendant for recovery of a sum of Rs. 10,317-04 p. as money due by the defendant to the plaintiff on an overdraft account, interest and costs. The plaintiff's case is that the defendant maintained a current account with Metropolitan Bank Ltd., with overdraft facilities. On the 6th February, 1964 by virtue of the provisions of the Banking Companies Act, all the assets and liabilities of the Metropolitan Bank Ltd were transferred and vested in the plaintiff bank Thereafter the defendant became a constituent of the plaintiff bank and continued to operate the said current account which had been transferred from the Metropolitan Bank Ltd. to the plaintiff bank at its branch office at 7, Chowringhee Road The plaintiff permitted the defendant to withdraw on the said account The plaintiff also paid moneys to the defendant or at the defendant's reauest or incurred expenses on the defendant's account, By documents ...
Jibanitosh Ghatak Vs. Assistant Controller of Estate Duty-cum-income-t ...
Court: Kolkata
Decided on: Feb-07-1973
Reported in: [1974]95ITR486(Cal)
Sabyasachi Mukharji, J. 1. The petitioner in this application challenges three orders, namely, orders dated 30th of March, 1964, 27th of April, 1964, and 8th of June, 1966, being annuxures ' E ', ' F' and ' G ' to the petition. These are orders of penalty passed under Section 73(5) of the Estate Duty Act, 1953, read with Section 46(1) of the Indian Income-taxAct, 1922. It appears that one Bhabatosh Ghatak died on 15th of January, 1957. Then in September, 1957, return of assets under the Estate Duty Act was filed. Then on 31st of March, 1958, there was initial payment of duty of Rs. 6,889.90. On 28th of July, 1958, there was assessment of duty at Rs. 1,33,129.20; On 1st of August, 1958, there was a demand for Rs. 1,26,239.30 less Rs. 6,889.90 already paid. The petitioner thereafter applied for payments of the dues by instalments and they paid certain instalments between March, 1959, and April,' 1960. Inasmuch as the petitioner had failed to pay the balance in accordance with the instalm...
Calcutta Electric Supply Corporation Ltd. and anr. Vs. Ramratan Mahato
Court: Kolkata
Decided on: Feb-02-1973
Reported in: AIR1973Cal258,(1973)77CALLT367(HC),(1974)IILLJ106Cal
Salil Kumar Datta, J.1. This is an appeal by the defendants against a judgment of reversal. The plaintiff instituted the suit on the following allegations : The plaintiff worked for several years temporarily under the Calcutta Electric Supply Corporation Ltd., the defendant No. 1 (hereinafter referred to as the Company) at its Regional Office at premises No. 433/1, G. T. Road (North). Howrah as vendor, cleaner and plate washer in places of absent and leave-enjoying bearers. He was appointed by the company in that post on February 1, 1968 and after unspotted and continuous service for six months became automatically permanent in his post from August 1, 1968. The Revenue Officer of the said office, the defendant No. 2 by a verbal order passed on November 12, 1968 discontinued the plaintiff's service without assigning any reason or following legal procedure. The plaintiff in the circumstances, instituted this suit on November 13, 1968 praying for a declaration that (i) the verbal order of...
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