Kolkata Court July 1974 Judgments
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Biswanath Rungta Vs. Oriental Industrial Engineering Co. Pvt. Ltd. and ...
Court: Kolkata
Decided on: Jul-09-1974
Reported in: AIR1975Cal222
Sabyasachi Mukharji, J. 1. This is an application under Section 34 of the Arbitration Act, 1940, for stay of a suit. A suit has been instituted by Oriental Industrial Engineering Co. (P) Ltd. and Ghanshyamdas Rungta and Rajen-dra Prasad Rungta, two of its directors against another director Biswanath Rungta. In the suit Allahabad Bank has also been made a party. The suit mainly is on the ground that in the course of business of the plaintiff-company, namely, Oriental Industrial Engineering Co. (P) Ltd. a sum of Rupees 11,13,000/- became due and payable to the company by the Uranium Corporation of India Ltd., a Government Company and with this amount of money the said defendant to the suit Biswanath Rungta had opened an account in the Allahabad Bank and is operating the said account acting upon certain lleged Board resolutions which are challeng-(sic) as being forged or not genuine and without authority. In essence what is being said is that the act and conduct of the defendant Biswanath...
West Bengal State Electricity Board Vs. Bongaon Electric Supply Co. Lt ...
Court: Kolkata
Decided on: Jul-03-1974
Reported in: AIR1975Cal137
Laik, J. 1. It is, I think, vital in an appeal of this kind marked at the beginning in dead earnest to attempt to escape from any tendency to compartmental acts, for the purposes of relevance. As the thing presents itself to me in its final analysis the point is quite short, though not intended to be a refresher course in history. 2. The West Bengal State Electricity Board, shortly (the Board) filed a suit in the Second Court of the Subordinate Judge, Alipore. against the Bongaon Electric Supply Co. Ltd., shortly (the Company) for recovery of about a sum of Rs. 3,66,000/- (Rupees Three lakhs and Sixty-six thousand), which was dismissed, resulting in this appeal. 3. The plaint case was that the Company was a licensee for the purpose of supplying energy on the strength of a licence granted by the State Government. It was agreed that the electrical energy would be supplied provided the cost of service line was paid by the company. The service line was thereafter installed. The Plaintiff-B...
Sardarmull Kankaria Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-03-1974
Reported in: AIR1975Cal354,79CWN810
R. Bhattacharya, J. 1. This appeal is by the claimant Sardarmull Kankaria against the valuation arrived at by the President Calcutta Improvement Tribunal in a Reference under Section 18 of the Land Acquisition Act 1894. The premises No. 19, Chatta-walla Gulee appertaining to the Calcutta Improvement Trust Scheme No. LXVI in award No. 40 of the Calcutta Municipality was acquired. Notice under Section 43(2) of the Calcutta Improvement Act was published on 9th October, 1952. Declaration under Sec. 6 of the Land Acquisition Act was published on 4-8-1955. Notice under Section 9(1) of the Land Acquisition Act was served on 26-6-1956. The claim petition was filed before the Land Acquisition Collector on 6-7-1956. The award was made on 19-8-1959 and the Reference petition under Section 18 of the Land Acquisition Act was filed on 24-8-1959 claiming an increase in the market value of the premises acquired and the statutory allowance of 15 per cent. with interest on the additional amount of compe...
State Bank of India Vs. the Economic Trading Co. S.A.A. and ors.
Court: Kolkata
Decided on: Jul-01-1974
Reported in: AIR1975Cal145
Sabyasachi Mukharji, J.1. This appeal arises out of an order of A. K. Basu, J., dated the 3rd June, 1969, in Suit No. 2643 of 1967. In order to appreciate the dispute in this appeal it is necessary to refer briefly to certain facts. On the 10th August, 1967, there was a contract between the Economic Trading Co., defendant No. 1 in this suit who was the buyer and Messrs. Lohia Jute Press Private Limited who was the plaintiff-seller for purchase of 27,12,900 pieces of polythene bags at Rs. 270/- per 100 bags, f. o. b., Calcutta the total value being Rs. 73,24,830.00. In the said contract there was a guarantee clause which stated as follows:'The sellers to provide letter of guarantee for 20% of the face value of the goods sold in favour of the consignees within three weeks from date through an Authorised Egyptian Bank. The Letter of guarantee should be valid for claims to be filed by the Buyers or consignees within three months of the expiry date of L/C. This letter of guarantee should be...
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