Kolkata Court January 1975 Judgments
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Arun Kumar Sanyal Vs. Jnanendra Nath Sanyal and anr.
Court: Kolkata
Decided on: Jan-15-1975
Reported in: AIR1975Cal232,79CWN305
M.M. Dutt, J.1. This appeal is at the instance of the plaintiff and it arises out of a suit for declaration of the plaintiffs title to the disputed property and partition of the same by metes and bounds.2. The appeal involves a point of law of first impression relating to the construction of Section 23 of the Hindu Succession Act, 1956. The point is whether a transferee of the female heirs is entitled to claim partition of the dwelling house when the male heir does not choose to divide his share therein. In other words, whether the restriction imposed by Section 23 on a female heir to claim partition also applies to her transferee. In order to appreciate and consider the point, the facts of the case may be stated in brief.3. The disputed property which is the dwelling house belonged to the father of the appellant, late Motilal Sanyal. He died intestate on May 30, 1960 leaving behind him his widow Khiroda Sundari Dasi, two sons, namely, the appellant and the respondent No. 1 and three d...
Union of India (Uoi) Vs. Bararashi Lal Agarwalla
Court: Kolkata
Decided on: Jan-15-1975
Reported in: AIR1975Cal417
ORDER1. This Rule is at the instance of the defendant Railway administration and is directed against an appellate decree whereby the lower appellate court reversing the decision of the trial court decreed the money claim of the opposite party as against the Railway administration.2. Undisputedly the plaintiff opposite party booked a consignment of coal with the Railway administration on June 28, 1951. It was so booked at the Barakar Railway Station in the Eastern Railway. According to the plaintiff-opposite party the consignment should have reached the consignee at Chapra within 15 days but it did not do so. After a long correspondence between the parties the suit was instituted for realisation of damages for non-delivery assessed at Rs. 767/-. This suit having been contested by the Railway administration was dismissed by the trial court on two-fold grounds namely the claim was barred under Article 31 of the Old Limitation Act and on the ground that no such claim is maintainable in the...
Ram Narayan Gupta Vs. District Magistrate and ors.
Court: Kolkata
Decided on: Jan-15-1975
Reported in: 1975CriLJ1312
Sankar Prasad Mitra, C.J.1. This Reference to the Full Bench has been made by Mr. Justice S. K. Bhattacharyya and Mr. Justice Sudhamay Basu on May, 31 1974 under Chapter VII, Rules I and 5 of the Appellate Side Rules as amended upto the 10th April, 1974.2. One Ram Narayan Gupta was served with an order of detention dated the 7th April, 1972 which the District Magistrate of Midnapore had passed in the exercise of powers vested in him by Sub-section (1) read with Sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971. By virtue of this order the detenu was arrested on the 13th April, 1972 on the ground that he was 'acting in a manner prejudicial to the maintenance of supplies and services essential to the community as evidenced by particulars stated therein.'3. On the 23rd May, 1972 the detenu obtained a Rule from this Court under Section 491 of the Code of Criminal Procedure, 1898 which was marked as Criminal Miscellaneous Case No. 809 of 1972. This Rule was disc...
Ramnath Sardar Vs. Rekharani Sardar
Court: Kolkata
Decided on: Jan-14-1975
Reported in: 1975CriLJ1139
ORDERR. Bhattacharya, J.1. This revisional application has been filed by Rama Nath Sardar, the petitioner before this Court who was the second party in the court below against the order passed under Section 488 of the Code of Criminal Procedure by the Police Magistrate at Sealdah, 24-Parganas, upon an application filed by Rekha Rani Sardar who was the first party before him.2. In short, the allegation of the first party Rekha Rani Sardar, the wife of Rama Nalth Sardar, is that she was married to Rama Nath and in their wedlock two children were born. At first a female child died and thereafter a male child was born. He is of course alive. Rama Nath is a manufacturer of paper boxes. The allegation is that he spends a lot of money for his mistress. The further allegation is that Rama Nath assaults and ill treats Rekha Rani and due to the habitual illtreatment she had to take shelter in the house of her parents to get rid of the assaults. She was driven out by Ramanath from his house and s...
Madan Mohan Chowlia Vs. Ashutosh Sasmal and ors.
Court: Kolkata
Decided on: Jan-13-1975
Reported in: 1975CriLJ959
ORDERA.K. De, J.1. The second party in a proceeding under Section 133 of the old. Code of Criminal Procedure, 1898 to be hereafter called the Code, is petitioner before me. Ashutosh Sashmal and others, the opposite parties in this rule filed a* mass petition before Revenue Minister of the Government, The said petition was enquired into and a report submitted to the Sub-Divisional Executive Magistrate, Uluberia. Reading that report the learned Sub-Divisional Executive Magistrate has drawn up a proceeding under Section 133 of the Code and has served a copy of his order on the petitioner requiring him to appear before 'himself' on 3-7-1973 and to move to have his order set aside or modified or to show cause why the order shall not be enforced. The petitioner appeared before the said Sub-Divisional Executive Magistrate on 3-7-1973, applied for time and was granted time upto 10-7-1973. The learned Sub-Divisional Executive Magistrate by the same order of that date transferred the case to the...
Bagal Tanti and ors. Vs. Ram Ranjan Laha and ors.
Court: Kolkata
Decided on: Jan-10-1975
Reported in: AIR1976Cal13
Salil Kumar Datta, J.1. This is an appeal against the judgment of affirmance. The plaintiffs instituted the suit for declaration of their title in respect of various plots of land in different khatians situate in the district of Burdwan and for confirmation of their possession therein.2. The relevant facts as stated in the plaint are as follows. The plaintiffs' predecessor. Prahlad was an occupancy raiyat in respect of the five plots beingthe suit lands and the rent in respect of the plots, was share of produce inclusive of cess. After the death of Prahlad his four sons, plaintiffs Nos. 1 and 3, the father of plaintiff No. 4 and deceased plaintiff No. 2; continued to possess the disputed lands on :payment of rent till 1356 B.S. In 1357 B. S. they grew crops in the disputed lands but the defendants out of enmity tried to dispossess the plaintiffs from the disputed Lands. The plaintiffs accordingly 'brought the suit for declaration of their sthitiban rajyati right in respect of the suit ...
Rajputana Trading Co. (P) Ltd. Vs. Rawatmal Bhairudan
Court: Kolkata
Decided on: Jan-09-1975
Reported in: AIR1976Cal73
ORDERSabyasachi Mukharji, J.1. This is an application under Section 17 (2) of the West Bengal Premises Tenancy Act 1956 (hereinafter referred to as the said Act). On the 19th of November, 1968. the Raiputana Trading Co (P) Lid. (hereinafter referred to as the landlord) instituted a suit against Rawatmal Bhairudan. a firm (hereinafter referred to as the tenant). The plaintiff in the suit asks for a decree for possession of the demised premises being Shop-room No. 9 at premises No. 12, Armenian Street, Calcutta which is also known as 10/1. Portuguese Church Street, and claims a decree for Rs. 9,740.72 P. for arrears of rent and certain other interest and mesne profit. The landlord, inter alia, contends that the tenant had failed and neglected to tender and/or pay rent in respect of the demised premises since February. 1965 to one Sree T.K. Ghose, who was then the Receiver appointed in respect of the said premises in another suit.2. It is the case of the plaintiff that the rent from 1st F...
Mahananda Das Karmakar Vs. Biswanath Dey and ors.
Court: Kolkata
Decided on: Jan-08-1975
Reported in: AIR1976Cal185
R. Bhattacharya, J. 1. This appeal is by the defendant against whom a decree was passed for eviction from the suit premises in an action brought by the plaintiffs, his landlords. In the first appeal taken by the defendant, he was not successful and the first appellate court affirmed the decision of the trial court. In short, the plaintiffs' case before the learned Munsif was that they were running a shop known as 'Ghatal Cloth Stores' in the premises let out by the trust estate of Srinibash Sureka. Their landlord served a notice upon them for eviction. The plaintiffs who are the owners of the suit premises wanted to raise two-storied building in place of the existing two rooms which they own so that they could start the cloth business there and in that case the business in the premises of the trust estate would be shifted. The plaintiffs got a plan sanctioned by the municipality and they have also obtained permits for cement for such construction. The definite case of the plaintiffs is...
Controller of Estate Duty Vs. John Gregory Apcar and anr.
Court: Kolkata
Decided on: Jan-08-1975
Reported in: [1979]119ITR192(Cal)
R.N. Pyne, J.1. In this reference under Section 64(1) of the E.D. Act, 1953, arising out of the estate duty proceedings consequent on the death of one George Galstaun Apcar, deceased, we are concerned with the question regarding valuation of the goodwill of a partnership in which the deceased, during his lifetime, was a partner.2. For better appreciation of the question referred to the court for its opinion, it is necessary to set out some of the relevant facts. They are: The deceased, John Galstaun Apcar (hereinafter referred to as 'the deceased '), along with Mr. John S. Gregory and Mr. Sukumar Dey (hereinafter referred to as ' the accountable persons ') were partners in a firm, M/s. Talbot & Co., Calcutta, constituted by a deed of partnership dated December 14, 1962. The terms of the said deed of partnership relevant for our purpose may be stated. They are :' 17. As soon as possible after the 31st day of December in every year during the continuance of the partnership a general acco...
Commissioner of Income-tax Vs. Balai Chandra Paul and ors.
Court: Kolkata
Decided on: Jan-08-1975
Reported in: 79CWN589,[1976]105ITR666(Cal)
Deb, J. 1. The Income-tax Appellate Tribunal, Calcutta, under Section 256(1) of the Income-tax Act, 1961, has referred the following questions of law to this court :1. 'Whether, on the facts and in the circumstances of the case, and having regard to the rights of the coparceners in a Dayabhaga Hindu undivided family the income from property possessed jointly by the members of the Hindu undivided family should be assessed to tax in the hands of the family or in the hands of the individual members applying the provisions of Section 9(3) of the Indian Income-tax Act, 1922, or Section 26 of the Income-tax Act, 1961, for the assessment year 1961-62 and Section 26 of the Income-tax Act, 1961, for the assessment years 1962-63 to 1965-66 ? 2. Whether, on the facts and in the circumstances of the case, the income from bustees should be assessable under the head 'other sources' in the hands of the Hindu undivided family or in the hands of the individual coparcencers with reference to their share...
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