Kolkata Court April 1975 Judgments
Amitava Roy and ors. Vs. Sm. Jyotsna Prova Roy and ors.
Court: Kolkata
Decided on: Apr-30-1975
Reported in: AIR1975Cal323
M.M. Dutt, J.1. This appeal is at the instance of the plaintiffs and it arises outof a suit for declaration and permanent injunction.2. Kumar Basanta Kumar Roy of Dighapatia died on August 17, 1920 leaving behind him surviving his mother Rani Drabamoyee, three brothers Raja Pramoda Nath Roy, Kumar Sarat Kumar Roy, Kumar Hemendra Kumar Roy and their sons and his sister. Before his death he executed a will in Bengali on August 11, 1920. He appointed his three brothers and his sister's husband Mahendra Kumar Saha Choudhury as executors of his will. Paragraphs 1 to 21 of the will contain provisions for various legacies to different persons including his three brothers and mother. The English translation of paragraphs 22 and 23 of the will is as follows: '22. If excluding the G. P. Notes, War loans. Debentures and foreign bonds mentioned in the different paragraphs of this will which I have arranged to dispose of under the provisions of this will, there be any G. P. Notes, War loans or bond...
Tag this Judgment!Ramendra Nath Nandi and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-30-1975
Reported in: AIR1975Cal325,(1975)1CompLJ452(Cal),79CWN593
M.M. Dutt, J.1. In these two appeals,which arise out of proceedings for compensation of land acquired under the West Bengal Land Development and Planning Act, 1948 (hereinafter referred to as the Act), the principal question relates to the constitutional validity of the second paragraph of clause (b) of the proviso to Section 8(1). as amended by the West Bengal Land Development and Planning (Amendment) Act, 1955 (hereinafter referred to as the Amending Act).2. Clause (b) of the proviso to Section 8 of the Act as it stood before the amendment is as follows:'Provided that in determining the amount of compensation to be awarded for landacquired in pursuance of this Act the market value referred to in clause first of Sub-section (1) of Section 23 of the said Act shall be deemed to be the market value of the land on the date of publication of the notification under Sub-section (1) of Section 4 for the notified area in which the land is included subject to the following condition, that is to...
Tag this Judgment!Sm. Sukla Chowdhury Vs. Miss Manjolyn Tweedie and anr.
Court: Kolkata
Decided on: Apr-28-1975
Reported in: AIR1975Cal427
ORDERSabyasachi Mukharji, J.1. On the 11th of October, 1974 Srimati Sukla Chowdhury claiming to be the owner of premises No. 5, Kyd Street, Calcutta instituted Suit No. 491 of 1974 against the two defendants originally, namely. Miss Manjolyn Tweedie and Miss Shamin Tweedie. It is the case of the plaintiff that on or about 14th March, 1973 at the request of one Mrs. Sofie Tweedie, mother of the said defendants the plaintiff agreed to let out one room attached with bath room and the kitchen on the south-east corner of the ground floor of premises No. 5, Kyd Street, Calcuttato the said defendants on certain terms, inter alia, contained in paragraph 1 of the plaint filed. The said terms permitted the said defendants only to stay and occupy the said room and provided that the defendants should pay Rs. 225/- per month as rent on the 6th of every month according to English calendar, and the said defendants would have exclusive control and possession of the said room. It is further stipulated ...
Tag this Judgment!Jagadish Lal Gupta Vs. the Director of Rationing and ors.
Court: Kolkata
Decided on: Apr-25-1975
Reported in: AIR1975Cal471
ORDERGhose, J. 1. By this application filed under Article 226 of the Constitution, the petitioner seeks to have an order dated 26th May, 1972 suspending the appointment of the petitioner as an Appointed Retailer in respect of the Area Rationing Shop No. 2805 in Hare Street Sub Area, Central Zone under the Rationing Officerat Bowbazar cancelled and/or rescinded. The petitioner's shop is situated at room No. 2 at No. 8/2, Hastings Street, Calcutta. The petitioner was appointed as a Retailed Dealer and/or Retailer in ration to sell rationed articles including rice, wheat etc. in accordance with the provisions of the West Bengal Rationing Order, 1964. The facts culminating in the making of the application as stated by the petitioner in the petition are set out here-under. 2. A complaint was lodged in the Hare Street Police Station by one Shivaji Das Gupta, a resident of No. 36. Aianta Road, Calcutta-32 that the employees of the petitioner had sold one kg suji to the said Shivaji Das Gupta ...
Tag this Judgment!Mangilal Baid Vs. Secretary Home (Spl.) Dept., State of W.B. and ors.
Court: Kolkata
Decided on: Apr-25-1975
Reported in: 1975CriLJ1790
Bimal Chandra Basak, J.1. In this application for a writ in the nature of Habeas Corpus, the petitioner-detenu is challenging the order of detention passed by B. Mukhopadhyay, the Secretary to the Government of West Bengal, Home Department (Special Section) on the 19th of December, 1974 (hereinafter referred to as the said order) in exercise of power conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the said Act) The said order was made with a view to preventing the detenu from acting in any manner prejudicial to the augmentation of foreign exchange. The incidents relied upon in the grounds of detention served on the detenu read as follows:(1) On 11th April, 1973, your office situated at 10, Clive Row, Calcutta, and your the then residence at 4, Raj Kumar Bose Lane, Calcutta were searched under the provisions of the Foreign Exchange Regulation Act and documents including statement of accounts s...
Tag this Judgment!Siba Prasad Jash Vs. Kali Prasad Kundu
Court: Kolkata
Decided on: Apr-23-1975
Reported in: AIR1975Cal410
ORDERSalil Kumar Datta, J.1. These Rules arise out of several decrees passed by the Court of Small Causes, Calcutta. It appears that the petitioner filed before the Full Bench of the said Court an application under Section 38 of the Presidency Small Cause Courts Act, 1882 for a new trial of Suit No. 3448 of 1970 which was decreed by the Second Bench of the said Court. Similar applications were filed in respect of four other suits between the same parties which were decreed by the said Court. The said applications were admitted by the Full Bench of the Court and the defendant was directed to deposit the entire decretal amount of the suits and respective half institution fees etc. for the amount of relief sought for within specified date. It appears that thereafter the lawyer for the defendant filed one set of petitions in the said suits for allowing him to furnish security for the decretal dues. The Court allowed the prayer as a special case and directed the defendant to furnish securit...
Tag this Judgment!Commissioner of Wealth-tax Vs. Mrs. Leena Mukherjee
Court: Kolkata
Decided on: Apr-23-1975
Reported in: [1976]104ITR111(Cal)
Dipak Kumar Sen, J.1. The relevant facts in this reference under Section 27(1) of the Wealth-tax Act, 1957, as appearing from the statement of the case and the annexures thereto may be shortly stated as follows:The assessee in the instant case held certain shares of Martin Burn Co.Ltd. during the assessment year 1965-66, On the 26th March, 1965, Martin Burn Co. Ltd., at its annual general meeting, declared dividends. The relevant resolution in respect of such declaration was as follows : 'That for the year ended 30th September, 1964, a total dividend of Rs. 2.50 per share on the ordinary share capital of the company be and is hereby declared out of the general reserve of the company and that out of the said dividend an interim dividend of Re. 1 per ordinary share having been declared by the directors and already paid to shareholders on the 1st October, 1964, which is hereby confirmed, the balance of Rs. 1.50 per ordinary share be paid to those shareholders whose names appear in the com...
Tag this Judgment!Chittaranjan Basu Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: Apr-22-1975
Reported in: (1975)IILLJ197Cal
Sudhamay Basu, J.1. This Appeal is from the judgment and order passed by Amiya Kumar Mookerjee, J., dated the 24th of May, 1974 discharging the Civil Rule No. 7465 (W).2. The appellant is an Officer of Survey of India who was appointed as a Probationary Officer, Surveyor (Class II) against a permanent post on the 1st of October, 1954. As he was not confirmed till 1964 he moved this Court in an application under Article 226 of the Constitution, Pursuant to direction given by this Court in the said writ petition the appellant was confirmed on the 15th of February, 1971 with effect from 1st of April, 1964. The appellant, thereafter, made a representation to the authorities claiming arrears of increment from the 1st of October, 1955 to 31st of March, 1964 which was turned down on the plea that the appellant's increments were to be regulated under Rule 21 of the Survey of India, Class II (Recruitment) Rules, 1962. Feeling aggrieved the appellant moved this Court in an application under Arti...
Tag this Judgment!Manindra Nath Ghose Vs. Sm. Ashalata Mitra and ors.
Court: Kolkata
Decided on: Apr-17-1975
Reported in: AIR1975Cal429
Chittatosh Mookerjee, J. 1. This Letters Patent Appeal is at the instance of the defendant. On August 9, 1954, Kali Charan Mitra and Shyama Charan Mitra, predecessors-in -interest of the plaintiff-respondents had granted a registered Indenture of lease in favour of the appellant in respect of a vacant land measuring more or less two collahas comprised in premises No. 32/2, Chakraberia Road for a term of twelve years certain with effect from 9th day of August 1954 at a monthly rental of Rs. 25/- only excluding all Corporation taxes payable on or before the 7th day of every succeeding month. The lessors and the lessee inter alia agreed that the lessee would be allowed to construct a two-storied masonary building with corrugated iron/absestos roof according to plan sanctioned by the Calcutta Corporation but no permanent structures would be raised. The lessors further allowed the lessee to construct a permanent privy with drainage system at his own cost according to Municipal rules, Under ...
Tag this Judgment!Tushar Kanti Mitra and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-16-1975
Reported in: (1975)IILLJ286Cal
M.N. Roy, J.1. This rule was obtained on February 6, 1975 against the refusal of the Officers of the respondent No. 1 in forwarding the applications for appointment of the petitioners in respect of posts under the respondent No. 4, viz., Calcutta Metropolitan Development Authority.2. The petitioners at all material times were and still they are employed under the Calcutta Metropolitan Planning Organisation, a department of the State of West Bengal and their employment as admitted by them are purely temporary in nature. On or about September 1, 1974 the Calcutta Metropolitan Development Authority, published an advertisement in the daily issues of the Statesman, inviting applications for filling up the posts under their directorate and pursuant to that the petitioner Nos. 1 and 2 applied for the posts of Associate Transportation Planner and petitioner No. 3 applied for the post of Demographer-Statistician. The petitioners have contended that the grades of the respective posts for which t...
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