Kolkata Court January 1974 Judgments
Bank of Baroda Vs. Fishco
Court: Kolkata
Decided on: Jan-22-1974
Reported in: AIR1975Cal225,78CWN535
ORDERSudhamay Basu, J.1. This is a petition it appears for lie fourth time, for leave to amend the written statement filed in this suit. The suit itself was instituted as far back as 14th of June, 1962. The original written statement was filed on the 27th of August, 1962. More than tight weeks thereafter when the suit appeared in the list for hearing the defendant sought to amend the written statement. Two applications for suchamendment -- one dated 22nd January, 1973, and the other dated 23rd February, 1973, were withdrawn with leave of the Court to file fresh applications. On the 22nd March, 1973 the third application was filed for amendment to incorporate as paragraphs 10 (a) & 10 (b) of the written statement the following :--'10 (a). The said transactions relating to the said 8 letters of credit are unlawful and smenforceable in that the transactions as aforesaid were contrary to and in violation of, inter alia, Sections 3, 4, 5, 6, 21 and 22 of the Foreign Exchange Regulation Act....
Tag this Judgment!Life Insurance Corporation of India Vs. Nirmal Chand Boral and ors.
Court: Kolkata
Decided on: Jan-22-1974
Reported in: AIR1974Cal339
Ramendra Mohan Datta, J. 1. This is an application by the defendants judgments-debtors in a mortgage suit for the determination of the amount payable to the decree-holder under the preliminary and the final decrees dated September 2, 1955 and September 5. 1957 respectively. The matter is now pending in a reference proceeding under the said final decree before the Registrar of this court. 2. Under the preliminary decree it was ordered that a sum of Rs. 65,000/- as the principal and interest calculated upto the date of the institution of the suit amounting to Rs. 9026/5/3 were payable by the defendants to the plaintiffs under the mortgage. For the payment of subsequent interests the preliminary decree further provides the following viz: 'together with such subsequent interest as may be payable under Rule 11 of Order XXXTV of the First Schedule to the Code of Civil Procedure 1908.' 3. The final decree also provides for subsequent interest in similar language. It is contended that no rate ...
Tag this Judgment!Shroff Brothers Vs. Bisheswar Dayal Meatle
Court: Kolkata
Decided on: Jan-17-1974
Reported in: AIR1974Cal352
ORDERSalil K. Roy Chowdhury, J. 1. This is an application for stay of the Suit No. 2241 of 1969 (Bisheswar Daya) Meatle v. Shroff Brothers) and all proceedings thereunder under Section 34 of the Arbitration Act, 1940.2. The facts of the case briefly are: That the petitioner is a member of the Calcutta Stock Exchange Association Limited and carried on business as stock-broker and/or as a dealer in stocks and shares. During January to March, 1965 and January to August, 1966, the respondent entered into a series of transactions with the petitioner for purchases and sales of stocks subject to the rules and bye-laws of the Calcutta Stock Exchange Association Ltd. It is alleged in the plaint filed by the respondent that by the 31st of March, 1965 as a result of the said transactions between the parties a sum of Rs. 69,793/- became due and payable by the petitioner to the respondent. The respondent further alleged that the petitioner by a letter dated the 5th of April, 1965 signed by Sawalram...
Tag this Judgment!Kishanram Saha Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-15-1974
Reported in: AIR1974Cal157,78CWN565
ORDERC.N. Laik, J.1. This Rule arises out of a proceeding under Section 5-A of the West Bengal Estates Acqulsition Act. 1953. The transferor is the petitioner. The Revenue Officer held the transfer to be bona fide. Thereafter a fresh proceeding was started under Section 5-A(3)(ii) of the said Act. One of the grounds agitated before the Special Judge in appeal on behalf of the petitioner is that Section 5-A of the Act was ultra vires of the Constitution. That point has now been set at rest by a decision of this Court and it has been held to be intra vires. The said point is no longer being pressed.2. The other point that was agitated before the Special Judge was that the order passed by the Revenue Officer under Section 5-A(3)(ii) of the Act was Illegal Mr. Sen appearing on behalf of the petitioner has a point coupled with sweet reason. He says that there is no finding arrived at either by the Revenue Officer or by the Special Judge in appeal as to whether the transferred land or any pa...
Tag this Judgment!Planters Airways Pvt. Ltd. Vs. Sterling General Insurance Co. Ltd.
Court: Kolkata
Decided on: Jan-14-1974
Reported in: AIR1974Cal193
ORDERSalil K. Roy Chowdhury, J.1. This is an application under Section 37(4) of the Arbitration Act, 1940 for extension of the period to refer the matter to arbitration for a fortnight from the date of the order to be parsed.2. The facts briefly are as follows:The petitioners are a common carrier of goods. In course of their business it used to take out Transit Policies of insurance renewable from year to year described as Freight Policies in consideration of the amount of premium mentioned in the Policies of Insurance. It is alleged by the petitioner that between 1959 to 1972 the petitioner has taken out various such Insurance Policies with the respondent and paid the premium thereof and received compensation from time to time thereunder and particulars of the same are set out in paragraph 3 of the petition. It is alleged that in or about January, 1969 the petitioner took out a Freight Policy bearing No. CL/RFP/257 from the respondent. Under the said Policy and in consideration of the...
Tag this Judgment!Amulya Gopal Majumdar Vs. United Industrial Bank Ltd. and ors.
Court: Kolkata
Decided on: Jan-10-1974
Reported in: AIR1974Cal323,78CWN1029
A.K. Sinha, J.1. This appeal is preferred by the defendant appellant against the judgment and order passed by the Trial Court granting temporary injunction restraining the appellant from taking delivery of possession of the disputed property in an execution case in which he as mortgagee decree-holder auction purchased the property.2. The parties, as appears, have been fighting series of successive litigations centering round two mortgages created over the disputed properties. We need not recite over again the facts of this case for those appear to have been briefly stated in the judgment by the trial court. The admitted facts, however, are that the predecessor of respondent No. 2 Messrs. Eagle Plywood Industries (P) Ltd.. created a mortgage for a sum of Rupees 5,00,000/- over some of the immovable properties belonging to it in favour of the present appellant who in enforcement of that mortgage obtained a final decree for sale ard in execution of that final decree auction purchased thos...
Tag this Judgment!Selected Dalurband Coal Co. P. Ltd. Vs. Income-tax Officer, G-ward and ...
Court: Kolkata
Decided on: Jan-10-1974
Reported in: [1978]113ITR510(Cal)
Amiya Kumar Mookerji, J.1. The petitioner is a company incorporated under the Indian Companies Act and is the owner of the colliery kndwn as Selected Samla Colliery situated at Pandaveswar in Ranigunj area in the district of Burdwan. The petitioner in this rule challenges a notice issued under Section 148 of the Income-tax Act, 1961, dated 12th March, 1970, and 6th November, 1970, for the assessment years 1961-62, 1963-64 and 1965-66, issued by the respondent No. 1, the Income-tax Officer, 'G' Ward, Companies Dist. II, Calcutta, on the ground that these notices are illegal, invalid and inoperative because the condition precedent for the assumption of jurisdiction under Section 147(a) of the said Act did not exist as the said respondent No. 1 was purporting to reopen the assessments on the basis of certain information in the form of a report of the underground measurement of the colliery by the mining officials of the Government of West Bengal.2. For the assessment year 1961-62, the pet...
Tag this Judgment!Shreeniwas and Sons Vs. Income-tax Officer, b Ward and ors.
Court: Kolkata
Decided on: Jan-10-1974
Reported in: 78CWN561,[1974]96ITR562(Cal)
Amiva Kumar Mookerji, J.1. The petitioner is a partnership firm registered under the Indian Partnership Act and also under the Income-tax Act, 1961. The petitioner was the owner of Amritanagar Selected Colliery situated at Ranigunj. By a declaration dated December 4, 1965, the petitioner made a voluntary disclosure under Sub-section (3) of Section 24 of the Finance (No. 2) Act of 1965, declaring therein a sum of Rs. 7,23,274 as the undisclosed income of the petitioner for the assessment years 1963-64 and 1964-65, before respondent No. 2, Additional Commissioner of Income-tax, West Bengal II. The said disclosure was accepted by the Commissioner of Income-tax with slight modification of the amount disclosed and on receipt of the said information, the Income-tax Officer served upon the petitioner a demand notice under Section 156 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). on January 13, 1966, for Rs. 4,12,677.80 requiring the petitioner to pay the whole of the afo...
Tag this Judgment!Gouripore Co. Limited and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-10-1974
Reported in: (1975)ILLJ247Cal
Amiya Kumar Mookerji, J.1. The petitioners are existing companies within the meaning of the Companies' Act having their factory at Garifa (Naihati), 24 Parganas. On August 2, 1972, the petitioner made an application under Article 226 of the Constitution to this Court challenging the validity of an order of reference dated July 7, 1972 made under Section 10 of the Industrial Disputes Act, 1947, by the respondent No. 1, State of West Bengal and a Rule was issued being C. R. No. 6667 (W) 72. An ad interim order staying further proceedings before the 8th Industrial Tribunal on the basis of the said impugned order of reference was also made in connection with the said Rule. The matter was heard for several days and it was adjourned to e table the petitioner to make an application for amendment of the original writ petition. Such application for amendment of the writ petition was made on June 25, 1973 and the matter came up for further hearing on August 1, 1973. The petitioner was granted le...
Tag this Judgment!Sri Anthony Gomes Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-09-1974
Reported in: (1974)IILLJ94Cal
Murari Mohan Dutt, J.1. This Rule is directed against an order of the Fifth Industrial Tribunal, West Bengal under Section 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The petitioner was an Inspector in charge of the respondent No. 4, Messrs. Bengal Ingot Co. Ltd. (hereinafter referred to as the company). Act all material times, the petitioner was a leading and active member of the union of the company and was elected as the joint treasurer of the union in the year 1967. On or about October 16, 1967 the company served a charge-sheet upon the petitioner in which it was inter alia said that the charges mentioned in the charge-sheet, if proved, would amount to major misdemeanour according to the standing order of the company. The company appointed an enquiring officer for enquiry into the charges against the petitioner. 'The petitioner did not appear at the said enquiry and defend him against the charges. The enquiry was held ex parte. In the meantime, th...
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