Kolkata Court February 1973 Judgments
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R. Mcdill and Co. Pvt. Ltd. Vs. Gouri Shankar Sarda
Court: Kolkata
Decided on: Feb-02-1973
Reported in: AIR1975Cal294
R.M. Datta, J.1. A short but an interesting point, though of a technical nature, is involved in this appeal. When the application for stay of the suit under Section 34 of the Arbitration Act, 1940 was moved, a technical point was taken on behalf of the respondent to the effect that the plaint, in connection with the suit which was sought tobe stayed, could not be looked into, because a copy thereof was not annexed to the said petition for utay. The Joint petitioners thereto who consisted of the present appellant and one Messrs. Misrilall Dharamchand Private Ltd. realised their difficulties in the matter and asked for leave to withdraw the said application with liberty to make fresh application. The Court thereupon ordered :'Application withdrawn with liberty to make fresh application, cost to be paid by the applicants'.2. Since the provisions of the Code of Civil Procedure have been made applicable to arbitration proceedings under the provisions of the Arbitration Act, 1940, no dispute...
Bholanath Shaw Vs. Badrinath Shaw and ors.
Court: Kolkata
Decided on: Feb-02-1973
Reported in: AIR1973Cal524
ORDERRamendra Mohan Datt, J.1. This is an application for amendment of the plaint in an Administration Suit. The suit was filed on July 20, 1968, inter alia, for administration of the trust created by Rambharas Shaw and for accounts against the then trustee, Sreemati Dhaneswari Devi, being the mother of the plaintiff; for accounts against the said trustee as also against his three other brothers who were looking after the trust estate for removal of the trustees and for appointment of a new trustee.2. Immediately after the filing of the suit the plaintiff made an application for the appointment of a receiver. An order was made therein that the defendant Dhirendranath was to send the periodical statement of accounts in respect of the collections made and the expenditure incurred by him but no order was made for the appointment of receiver. In May, 1969 Shreemati Dhaneswari, the mother died and the four brothers including the plaintiff became the joint trustees. By an order dated August ...
Commissioner of Income-tax Vs. Trustees to the Trust Estate of Tarun K ...
Court: Kolkata
Decided on: Feb-01-1973
Reported in: [1974]94ITR361(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 66(1) of the Indian Income-tax Act, 1922, the following question has been referred to this court:' Whether, on the facts and in the circumstances of the case, and on a correct construction of the trust deed, dated the 19th July, 1957, the Tribunal was right in holding that the maximum rate of tax could not be applied in this case under the 1st proviso to Section 41(1) of the Indian Income-tax Act, 1922 ?'2. The assessee in this case are the trustees to the estate of late Tarun Kumar Roy. The assessment years involved are 1959-60, 1960-61 and 1961-62. For the first assessment year the previous year is the broken period starting from the date following the death of the creator of the trust, that is, 21st of Pous, 1365 B.S. (7-1-59) to 31st of Chaitra (13-4-59) and for the subsequent two years the previous years are the Bengali years 1366 and 1367. By a deed dated 19th of July, 1957, Tarun Kumar Roy transferred several house proper...
Pawan Kumar Gupta Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-01-1973
Reported in: 1973CriLJ1368
ORDERN.C. Talukdar, J.1. This Rule is at the instance of the claimant-petitioner, Pawan Kumar Gupta, being directed against an order dated 6-12-1972 passed by Shri I,. N. Roy, Senior Municipal Magistrate, Calcutta, in Misc. Case No. 44 of 1972. rejecting the claim of the petitioner under Section 88(6-A), Criminal P. C.2. The facts relevant for appreciating the points raised can be put in a short compass. A complaint was filed by a Food Inspector of the Corporation of Calcutta before the learned Senior Municipal Magistrate, Calcutta under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954, against one Kailash Chandra Agarwalla, the proprietor of Kailash Stores at 2-A Deshapriya Park Road, Calcutta and also one Gopal Agarwalla described as Ihe person-in-charge of the local affairs of the business and also the seller. Gopal appeared in the case but Kailash could not be apprehended. The learned Magistrate found that the police neglected in executing...
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