Kolkata Court February 1974 Judgments
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Union of India (Uoi) Vs. Excelsior Poultry and Agricultural Firm Ltd. ...
Court: Kolkata
Decided on: Feb-15-1974
Reported in: AIR1974Cal350,78CWN794
S.K. Mukherjea, J. 1. This Rule involves a question of a construction of Section 19 (1) (a) of the Defence of India Act, 1939. It also raises incidentally the question of validity and efficacy of an arbitration agreement entered into by and between the parties.2. On April 25, 1942 certain lands in village Basput in the district of 24 Parganas were requisitioned by the Government of India under Rule 75-A of the Defence of India Rules, 1939. The lands belonged to the opposite party No. 1. On the 29th March, 1947 they were derequisitioned.3. It appears that on the 9th June, 1947 the opposite party filed a claim petition for terminal compensation, that is to say, compensation payable on the expiry of the period of requisition. Compensation was duly assessed by the Collector. The opposite party was not agreeable to accept the proposed compensation and by a petition dated July 30, 1951 expressed its desire to refer the claim to an Arbitrator to be appointed under Section 19 (1) (b) of the De...
Khagendra Nath Sen Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Feb-14-1974
Reported in: AIR1974Cal187
ORDERAmiya Kumar Mookerji, J.1. These three Rules are directed against the Resolution of supersession of the governing body of the three colleges -- Asutosh, Jogmaya and Shyama Prasad and appointing an ad-hoc committee for the purpose of re-constituting the governing bodies according to the provisions of the law. The said Resolution was passed bythe Syndicate of the University of Calcutta in its meeting held on December 14, 1973. The petitioner, the Secretary of the superseded managing committee of the aforesaid three colleges, challenges the said Resolution of the Syndicate.2. In or about March, 1927, Asutosh College was registered as a society under the Societies Registration Act (Act XXI of 1861) so that its governing body was to be formed in accordance with its rules. In 1929 Asutosh Mukherjee Memorial Institute was also registered as a Society under the said Act. Jogmaya Debi College was originally started as the morning section for women students and Shyama Prasad College as the ...
Shyam Sundar Rathi Vs. the Addl. District Magistrate, Bankura and ors.
Court: Kolkata
Decided on: Feb-13-1974
Reported in: AIR1975Cal58
ORDERChittatosh Mookerjee, J.1. The petitioner claims that by a registered Kobala. dated August 27, 1967, he purchased 9.28 acres of land appertaining to Plot No. 61 R. S. Khatian No. 74 Mouza Santore, District Bankura. The said plot was recorded as an agricultural land in the R. S. Records. The petitioner carries on business of manufacturing bricks. On December 26, 1966, he applied to the Additional District Magistrate, Bankura for granting him a Mining Lease under the West Bengal Minor Minerals Rules. 1959 for extracting earth for brick making from the aforesaid plot of land.2. According to the petitioner, the authorities did not dispose of his said ap-plication for licence either by granting or refusing the same. On May 6, 1970. the Additional District Magistrate, Bankura by his Memo. No. 2309/E.A. served a notice upon the petitioner stating that it had come to his notice that the petitioner had manufactured bricks unautho-risedly by digging and using brick-earth of the plot No. 61 ...
Eastern India Motion Pictures Association and ors. Vs. Indian Performi ...
Court: Kolkata
Decided on: Feb-13-1974
Reported in: AIR1974Cal257
Sankar Prasad Mitra, C.J.1. This is an appeal under Section 72(2) of the Copyright Act, 1957 from a decision or order of the Copyright Board dated the 16th May, 1973. Section 2(r) defines a 'performing right society'. It means a society, association or other body, whether incorporated or not, which carries on business in India of issuing or granting licences for the performance in India of any works in which copyright subsists. The Indian Performing Right Society Ltd. (hereinafter referred to as IPRS) has been incorporated in terms of the provisions of the Act. On September 27, 1969 and on November 29, 1969, the IPRS has published in the Statesman and the Gazette of India respectively a tariff laying down the fees, charges and royalties that it proposes to collect for the grant of licences for performance in public of works in respect of which it claims to have authority to grant such licences. The producers of cinematograph films who claimed to be owners of the respective films includ...
Shri Radha Gobinda Jew and ors. Vs. Sm. Kewala Devi Jaiswal and ors.
Court: Kolkata
Decided on: Feb-13-1974
Reported in: AIR1974Cal283
Deb, J. 1. This Letters Patent Appeal arises out of the Title Suit No. 101 of 1967 of the Court of the learned Munsif at Krishnagore filed by the appellants for a declaration that the premises No. 6 Bansidhar Lane, Calcutta and a property at Nabadwip are de-butter properties of the plaintiff deities and for permanent injunction restraining the respondent No. 1 from interfering with their possession of the said Calcutta property and from exercising any act of possession including the realisation of rents of the said property.2. These are the main averments made in the plaint. Chintaharan Kundu and his two brothers were members of an undivided joint Hindu family and out of their joint family funds they purchased the aforesaid Calcutta property in the name of Chintaharan and the said Nabadwip property in the name of Krishnakamini Devi, the wife of Chintaharan. They divided all their properties by a Deed of Partition dated January 12, 1922 and these two properties were allotted to Chintaha...
Bejoy Ranjan Das Vs. Ajit Kumar Dutta
Court: Kolkata
Decided on: Feb-13-1974
Reported in: AIR1974Cal319
Sen Gupta, J.1. This appeal is directed against the judgment and decree passed by Shri R. L. Mukherjee, Subordinate Judge, Third Court, Alipore, 24-Parganas in Title Suit No. 130 of 1968 allowing the claim of the plaintiff for enforcing a mortgage debt and for realising the money due thereunder.2. The appeal arises out of the following facts.3. The plaintiff alleged that the defendant borrowed from him a sum of Rupees 10,000/- on the 26th March, 1962 agreeing to pay interest thereof at the rate of Rs. 10/-per cent per annum on the basis of equitable mortgage in respect of the property mentioned in the schedule given in the plaint. It was further alleged that the defendant deposited with the plaintiff on the selfsame date at Bengal Restaurant at 10 Chowringhee Road in the town of Calcutta, title deeds of the defendant's premises No. 40, Kabir Road, Tollygunge within the district of 24-Parganas thereby agreeing to create an equitable mortgage of the said property for securing the aforesa...
Trailakyanath Maity and anr. Vs. Provabati Santra and ors.
Court: Kolkata
Decided on: Feb-08-1974
Reported in: AIR1974Cal261
A.K. Sinha, J. 1. These two appeals arise cm! of a common judgment and decree of the trial Court passed in two suits namely T. S. 44 of 1960 re-numbered as T. S. 21 of 1963 in the additional Court of Subordinate Judge, Contai 'instituted by respondent Nos. 1 and 2 as plaintiffs and another suit being T. S. 48 of 1962 in the same Court instituted by the present appellants (hereinafter referred to as the first suit and second suit), briefly, in the following circumstances. In the first suit the plaintiff-respondents prayed for declaration of their title and recovery of possession on subsequent amendment of the plaint and for injunction and other necessary reliefs regarding certain lands which they purchased from one Abinash Chandra Maity respondent No. 3 in the present appeal. Their case, briefly, was that respondent No. 3 entered into an agreement for sale of certain immovable properties with appellant No. 2 on receiving a sum of Rs. 400/- by way of earnest money and putting him into po...
Raytheon Company Vs. the Controller of Patents and Designs and anr.
Court: Kolkata
Decided on: Feb-08-1974
Reported in: AIR1974Cal336
Sabyasachi Mukharji, J.1. This is an appeal to the High Court under the Patents Act, 1970. The order challenged in this appeal is regarding the application for Patent No. 133687 filed on November 19, 1971, by Raytheon company, of Lexington, County of Middlesex, Commonwealth of Massachusetts, United States of America. It appears that the said company is a company organised and existing under the laws of the State of Delaware, United States of America. The application related to Patent in respect of what is called 'Imaging System'. The system is described in the words of the application, inter alia, as follows:--'This invention concerns an imaging system suitable for use with and, more particularly, to radiation characterized by the high energy particles, particularly high energy photons such as in gamma radiation.'...........According to the present invention, there is provided an imaging system for providing an image of an object from which quanta of radiation are emitted sequentially,...
Commercial Tax Officer and ors. Vs. Dawood and Co.
Court: Kolkata
Decided on: Feb-08-1974
Reported in: [1974]34STC98(Cal)
Alak Chandra Gupta, J. 1. On an application made to the prescribed authority, the respondent in this appeal was registered as a dealer under the Bengal Finance (Sales Tax) Act, 1941, on 24th May, 1952. On 25th June, 1961, the respondent received a notice from the Commercial Tax Officer, Central Section, West Bengal, which reads : Government of West BengalOffice of the Assistant Commissioner, Commercial Taxes,Central Section, West Bengal, 10, Madan Street, Calcutta-13.Memorandum No. CL/2350A/4679 dated Cal. the 25-5-1961Sri M. Popli, Proprietor.ToM/s. Dawood & Co.,12, Lower Chitpur Road, Calcutta.You are hereby informed that as desired by the Commissioner, Commercial Taxes, your file under the Bengal Finance (Sales Tax) Act, 1941 (R.C. No. CL/2350A) has been transferred to this section and I have assumed jurisdiction over the said file.I have information that you are not carrying on any business. You are, therefore, being given an opportunity to adduce evidence of your business on 27-5-...
Hansraj Dhingra Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Feb-07-1974
Reported in: 78CWN824,[1975]98ITR397(Cal)
Anil Kumar Sen, J.1. An order of assessment dated February 1, 1970, made by the Income-tax Officer, 'A' Ward, SSC-I/Cal , under Section 143(3)/155 of the Income-tax Act, 1961, and the consequent demand dated March 12, 1970, issued under Section 156 thereof are the subject-matter of challenge along with an order dated July 20, 1971, passed by the Additional Commissioner rejecting a revision petition under Section 264 of the Act against the said order of assessment. The facts are not in dispute and may briefly be set out as hereunder.2. Petitioner filed his return of income in respect of the assessment year 1963-64 on June 27, 1963. In this return he showed his total income to be Rs. 24,396, the only source of his income being said to be the share of profit received by him from Messrs. India Trading Corporation, a partnership firm of which the petitioner was a partner. On August 3, 1963, the Income-tax Officer made a provisional assessment under Section 141 of the Act and issued a demand...
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