Kolkata Court April 1975 Judgments
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Shyama Prasanna Das Gupta Vs. the State
Court: Kolkata
Decided on: Apr-11-1975
Reported in: 1976CriLJ1517
A.N. Banerjee, J.1. This appeal is directed against an order of conviction on two counts of the charge under Section 409 of the Indian Penal Code and sentence of rigorous imprisonment of five years each and further a fine of Rs. 5.000/- in respect of count No. 2, in default, to further rigorous imprisonment for 18 months. The substantive sentences in respect of both the counts were ordered to run concurrently. There were three counts of the charges and the accused appellant was found not guilty in so far as count No. 1 of the charge under Section 409 of the Indian Penal Code was concerned.2. It appears that the prosecution case was that the accused appellant joined the Planning Circle, P.W. D. as second grade clerk on 27-5-1960. The Planning Circle was housed in Writers' Buildings, Calcutta for undertaking preliminaries in respect of some building schemes and also schemes for construction of roads and bridges. It had also administrative control over six other sections of P.W. D. The Su...
The State of West Bengal Vs. Somendra Kumar Mitra and ors.
Court: Kolkata
Decided on: Apr-09-1975
Reported in: AIR1975Cal335
S.K. Mukherjea, J. 1. This is an application for grant of a certificate under Article 133(1) of the Constitution for appeal to the Supreme Court from a judgment and decree of a Division Bench consisting of Amaresh Roy and S. N. Bagchi, JJ., dated the 29th June, 1970. The judgment disposed of seventeen revision applications and two appeals preferred against orders made by anArbitrator appointed under Section 19(1)(b) of the Defence of India Act, 1939. 2. Certain lands lying in the neighbourhood of Panagarh in the district of Burdwan were acquired for purposes of defence by the Government of Bengal in September 1943 in exercise of the powers conferred by Rule 75-A of the Defence of India Rules. As no agreement could be reached on the question of compensation payable for acquisition, the Central Government in exercise of the powers conferred by Section 19 (1) (b) of the Act appointed an Arbitrator to adjudicate on the quantum of compensation. The Arbitrator duly made his award for payment...
Union of India (Uoi) Vs. National Builders
Court: Kolkata
Decided on: Apr-09-1975
Reported in: AIR1975Cal332,80CWN486
ORDERRamendra Mohan Datta, J.1. Union of India has made this application for setting aside the first award dated 4th August, 1966 and the final award dated 24th August, 1968 made after the said first award was remitted by the Court to the arbitrator. The Arbirator was one O. P. Mittal, Engineer-Member, Delhi Development Authority, New Delhi and formerly Superintending Engineer (Arbitration) Central Public Works Department.2. By an agreement in writing dated 16th October, 1949 the respondent National Builders agreed to execute the construction of administrative block of India Government Mint at Alipore in Calcutta. In course of execution of the said contract various disputes arose between the parties and the Additional Chief Engineer, Central P. W. D., New Delhi, appointed the said O. P. Mittal, Superintending Engineer, (Arbitration) as Arbitrator and sent to the said Arbitrator along with his letter dated 27th November, 1958 a Schedule wherein the claims of the respondent were tabulate...
British Electrical and Pumps (P.) Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Apr-09-1975
Reported in: 80CWN234,[1977]106ITR620(Cal)
DEB, J. 1. In this reference, under Section 256(2) of the Income-tax Act, 1961, we are concerned with the following question of law : 'Whether, on the facts and in the circumstances of the case, the Tribunal had any material before it to hold that the amount of Rs. 5,750 paid by the company to various parties for advertisement of the company through the souvenirs published by the respective parties were not laid out or expended wholly and exclusively for the purposes of the business ?' 2. The reference relates to the assessment year 1965-66. The previous year ends on March 31, 1964. The assessee is a manufacturer and seller of electrical pumps and motors. In the assessment year, the assessee advertised its products in souvenirs published by various organisations and institutions and claimed deductions of the sums paid to those organisations and institutions as charged by them for inserting those advertisements. 3. The Income-tax Officer disallowed the claim of the assessee. On first ap...
Shaw Wallace and Co. Ltd. Vs. Bholanath Mandanlal Sherawala and ors.
Court: Kolkata
Decided on: Apr-08-1975
Reported in: AIR1975Cal411,79CWN830
Deb, J.1. This is an appeal from an order dated November 9, 1970, staying the suit filed in this Court under Section 10 of the Code of Civil Procedure in view of an earlier suit filed by the respondents against the appellant in the Court of Civil Judge, Ferrukhabad, being Civil Suit No. 61 of 1969.2. The respondent firm was appointed by the appellant as its dealer to sell certain goods in the district of Ferrukhabad. The respondents' case in the Ferrukhabad suit is that the said dealership agreement was cancelled by mutual agreement and thereafter certain transactions were entered into between the parties and in respect of those post contract transactions the respondents became entitled to certain sums of money from the appellant, which sums the respondent is seeking to recover in that suit.3. The defence of the appellant in that suit is that, though some new arrangements were entered into between the parties, the respondents are not entitled to receive any money from the appellant. It...
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