Kolkata Court March 1975 Judgments
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Oriental Bank of Commerce Ltd. Vs. Pashok Tea Co. Ltd. and ors.
Court: Kolkata
Decided on: Mar-12-1975
Reported in: AIR1975Cal476
ORDERBimal Chandra Basak, J.1. This is an application for transfer of O. C Suit No. 48 of 1974 (Oriental Bank of Commerce Limited v. Pashok Tea Co. Ltd. and Ors.) now pending in Court of Subordinate Judge at Darjeeling. The plaintiff's case as made out in the said application is as follows : The plaintiff is a banking company. The defendant No. 1 is a public limited company owning tea estates, one known as Pashok Tea Estate in the District of Darjeeling and the other known as Lukan Tea Estate (also known as Mohara Tea Estate) in the District of Jalpaiguri, West Bengal. The defendant company was a constituent of the plaintiff. The defendant company was allowed to open an overdraft account with the plaintiff with effect from January, 1965 which was secured by hypothecation of the first defendant's entire tea crop already produced and to be produced in future in the aforesaid two tea estates including plant, machineries as well as stocks and stores. Initially the overdraft limit was fixed...
Tribeni Prosad Misra Vs. Ram Sahay Singh and ors.
Court: Kolkata
Decided on: Mar-07-1975
Reported in: 1975CriLJ1517
N.C. Talukdar, J.1. This is an Application under Article 134(1)(c) of the Constitution of India for a certificate of fitness for appeal to the Supreme Court against an order dated the 1st July, 1974, passed by this Court in Death Reference No. 3 of 1971 and Criminal Appeal No. 211 of 1971, refusing to accept the reference and allowing the appeal by setting aside the order of conviction and sentence passed on the accused-respondents on the 28th of April, 1971, by Shri N.G. Chowdhury, Additional Sessions Judge. 4th Court, Alipore in Sessions Trial No. 2, of March, 1971. The facts leading on to the application are rather chequered.2. The prosecution case brings to light a sad and sordid case of murder of one Ramjas Missir, an employee at the Gasper Petrol Station at 240-A, Lower Circular Road, Calcutta. The unfortunate victim was murdered while lying asleep on his khatia placed near the servicing shed of the petrol station in front of the western entrance thereof. The prosecution case int...
Mohanlal Arora Vs. Kailash Financiers Calcutta Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Mar-06-1975
Reported in: AIR1975Cal461
ORDERB.C. Basak, J. 1. This is an application under Sections 30, 33 and 41 of the Arbitration Act. 1940 (hereinafter referred to as the said Act) praying that the award made on is March, 1969 in the arbitration proceedings between Kailash Financiers (Calcutta) Private Ltd. and Ser-am-pore Mill Stores be set aside; (b) that the decree passed in the Award Case No. 74 of 1974 be set aside; (c) that all proceedings including execution proceedings under the said Award dated 1st March, 1969 and/or the decree dated 17th August, 1970, including all steps in aid of execution, be stayed permanently. 2. The facts of this case, so far as relevant for the purpose of this application are as follows: 3. At all relevant times the petitioner was and still is carrying on business under the name and style of Seram-pore Mills Stores as a sole proprietor thereof (hereinafter referred to as the petitioner). The respondent No. 1 was and still is a private limited company having its present registered office ...
P.K. Shaikh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-04-1975
Reported in: AIR1976Cal149
ORDERA.N. Sen, J.1. The petitioner obtained the present rule and also an interim order of injunction on the 13th May, 1966.2. Calcutta Improvement Trust for the improvement of the City prepared a scheme bearing Scheme No. 103 for widening the approach to the Lindsay Street from the side of Free School Street. The said scheme was published under Section 43 of the Calcutta Improvement Act, 1911 in May, 1963. The said scheme after the necessary formalities had been complied with, met with the approval of the State Government. For the purpose of implementing the said scheme it became necessary to acquire certain properties in Lindsav Street. One of the properties acquired in Lindsav Street is Premises No. 12/8-A Lindsay Street. It appears that premises No. 12/8A, Lindsay Street was a tenanted one and one of the tenants under the owner of the said premises was Mrs. A.E. Morrocco. An award was duly made in the said acquisition proceeding and compensation for acquisition of the said premises ...
Commissioner of Income-tax Vs. Jalan Investment (P.) Ltd.
Court: Kolkata
Decided on: Mar-04-1975
Reported in: [1976]103ITR198(Cal)
Deb, J.1. This is a reference under Section 66(2) of the Indian Income-tax Act, 1922, and the question of law is as follows :'Whether, on the facts and in the circumstances of the case, the amount of dividends declared in favour of the assessee was rightly taken into consideration by the Income-tax Officer before passing order against the assessee under Section 23A of the Indian Income-tax Act, 1922, as it stood at the material time ?'2. The assessee is an investment company. The assessee makes lip its accounts as on 31st December each year. In this reference we are concerned with the assessment year 1956-57 and the relevant previous year ends on December 31, 1956.3. The assessee submitted its return of _ income after making certain adjustments to the profit shown in the profit and loss account. The adjusted income came to Rs. 2,05,840 and was returned for assessment. The assessee was assessed on an income of Rs. 2,36,700, the difference being mainly due to the dividend being grossed u...
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