Kolkata Court November 1976 Judgments
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Bhutoria Trading Co. Ltd. Vs. Allahabad Bank Ltd. and ors.
Court: Kolkata
Decided on: Nov-12-1976
Reported in: AIR1977Cal363
S.K. Mukherjea, J. 1. This appeal is directed against a judgment and decree of Bijayesh Mukherjee, J. dated September 18. 1963 insofar as by the said judgment and decree the learned Judge dismissed the suit as against Allahabad Bank Ltd., the first defendant, who is a respondent before us. The facts of the case may be briefly stated. 2. In March and April the plaintiff, that is to say, the appellant before us sold and delivered to one W. F. Ducat & Co. Ltd. of 5 Clive Row, Calcutta, diverse quantities of jute for the price of Rupees 57,889-7-0 which became payable by the said buyers. 3. Messrs. W. F. Ducat & Co.. Ltd. drew an uncrossed cheque on their bankers, the respondent Allahabad Bank Ltd. for the said sum payable to the plaintiff or order in payment of the said price and made over the same to the defendant No. 2 Jeth-mall Chandalia, an employee of the plaintiff. In the plaint, the plaintiff claimed that the defendant No. 2 had no authority to operate on the plaintiff's banking ac...
The Calcutta State Transport Corporation Vs. Lakshmi Rani Pal and ors.
Court: Kolkata
Decided on: Nov-11-1976
Reported in: AIR1977Cal249
S.K. Datta, J.1. In this Rule the Calcutta State Transport Corporation has challenged an order dated 5-2-1968 passed in motor accident claim case No. 127 of 1963.2'. It appears that there was admittedly a collision between Car No. WBC 7862 and State Bus No. WBS 1675 at the junction of Raja Dinendra Street and Ulta-danga Road at about 12 noon on 13-8-1963. As a result of this collision one of the passengers died and several passengers were injured. The person who died was the husband of the opposite party No. 1 and the father of the other opposite parties. The learned Judge was of the opinion that on the evidence adduced by the parties it was very difficult to decide either way. Accordingly, for ends of justice, by the impugned order he directed that an opportunity should be given to the claimants to examine further the P. Ws. 1, 2 and 3 and also to examine E. C. D'Souza, mechanical expert, who examined the Bus after the accident in connection with the criminal case arising out of the s...
Sen-Raleigh Ltd. Vs. Employees' State Insurance Corporation and Ors.
Court: Kolkata
Decided on: Nov-09-1976
Reported in: AIR1977Cal165,[1977(34)FLR292]
Sankar Prasad Mitra, C.J.1. In our judgment delivered today in Matter No. 175 of 1973 (Cal) (India Jute Co. Ltd. v. The Regional Director, West Bengal Region Employees' State Insurance Corporation) we have held that where the head office and the factory are situate at different places the employees in the head office who are engaged in any type of work specified in Section 2(9) of the Employees' State Insurance Act, 1948, as it now stands, are 'employees' within the meaning of the Act. In this case it has been urged before us that the head office of Sen-Raleigh Ltd., is in Middleton Row in Calcutta but the factory is in Asansol. The Act applies to Calcutta but not to Asansol. In the circumstances, the employees in the head office who are engaged in any type of work mentioned in Section 2(9) of the Act would not be employees within the meaning of the Act.2. On behalf o the respondents our attention has been drawn to various notifications issued in the Gazette of India from time to time ...
The State of West Bengal Vs. Sailendra Kumar Sen
Court: Kolkata
Decided on: Nov-09-1976
Reported in: AIR1977Cal251,(1976)2CompLJ539(Cal),81CWN113
Salil Kumar Datta, J. 1. The Division Bench consisting of A. K. Sen, B. C. Roy, JJ. has referred the above revision cases to the Special Bench in view of the questions of great public importance involved therein. The questions relate to the interpretation of the provisions of Section 5-B of the West Bengal Estates Acquisition Act, 1953 (West Bengal Act 1 of 1954) hereinafter referred to as the said Act, with reference to the date of their application to raiyati and under-raiyati holdings and consequences arising therefrom.2. The relevant facts are as follows :--On December 18, 1970 the Assistant Settlement Officer Settlement 'C' Camp No. IIA, Diamond Harbour, initiated proceedings under Section 44(2a) of the said Act for revising the finally published record-of-rights in respect of some khatians within his jurisdiction, which, according to him, were incorrectly recorded with auction purchaser the opposite party herein, as raiyat. Proceedings in respect of entries of khatians Nos. 10, 1...
The India Jute Company Ltd. Vs. the Regional Director, West Bengal, Re ...
Court: Kolkata
Decided on: Nov-09-1976
Reported in: AIR1977Cal258,81CWN459,[1977(34)FLR278]
Sankar Prasad Mitra, C.J.1. This matter has been referred to a larger Bench by A. N. Sen, J. on the 13th August, 1975, under Chapter V Rule 2, of the Original Side Rules. The petitioner has its registered office at No. 16, Strand Road in Calcutta within the Ordinary Original Civil Jurisdiction of this Court. The petitioner has a jute factory and a cotton factory at Serampore in the district of Hooghly, The business of the petitioner is manufacture and sale of jute and cotton textile goods. The petitioner's Calcutta office is stated to be a commercial establishment where the petitioner employs clerical and other staff.2. The petitioner has made this application under Article 226 of the Constitution for a Writ in the nature of mandamus commanding the respondents to forbear from giving any effect to certain directions or orders contained in letters mentioned in the petition Or otherwise applying Or seeking to apply the provisions of The Employees' State Insurance Act, 1948 to the petition...
Waldies Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-09-1976
Reported in: [1977]110ITR577(Cal)
S.P. Mitra, C.J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961. The assessment year is 1971-72. The corresponding accounting period ended on September 30, 1970. The assessee had an overdraft account. Receipts were deposited in this account and payments including taxes were also made from this account.2. The Income-tax Officer found that part of the amount drawn from the overdraft account had been used for payment of taxes. He also found that it was not practicable to ascertain what part of the earlier receipts had been utilised for repayment of overdraft and what part had been used for payment of taxes. He noticed that the average overdraft during the year amounted to Rs. 21,09,657 and the average resources of the company to Rs. 1,41,25,226. The ratio of average overdraft to average resources worked out to 15%. Accordingly, the Income-tax Officer came to the conclusion that 15% of the total amount of taxes during the year had been paid from the overdraft. He he...
Ram Chandra Maity Vs. Sudhir Chandra Mondal and ors.
Court: Kolkata
Decided on: Nov-08-1976
Reported in: 1977CriLJ481
Sudhamay Basu, J.1. This rule is directed against an order dated 19th of February, 1975 passed by the Sessions Judge, Midnapore in Criminal Motion No. 4 of 1975 rejecting the same. The said motion was filed by the complainant against an order dated 23rd of November, 1974 passed earlier by the Judicial Magistrate, 1st Class, Contai, in case No. 305C of 1972 rejecting a prayer to commit the case to the Court of Session.2. It appears that the petitioner, Ram Chandra Maity filed a complaint egainst the respondents whereupon the S.D.J.M., Contai, took cognizance and directed issue of warrant of arrest against them under Section 467, I.P.C An enquiry under Chapter XVIII of the old Code of Criminal Procedure was pending before the learned Magistrate as an offence under Section 467, I.P.C. was triable exclusively by the court of session under the old Code. After the new Criminal Procedure Code came into force on the 1st of April 1974 the petitioner prayed for committal of this case to a Court ...
Sm. Annapurna Chatterjee Vs. Sm. Sabita Guha and ors.
Court: Kolkata
Decided on: Nov-03-1976
Reported in: AIR1977Cal231,(1979)2CompLJ1(Cal)
Janah, J. 1. This appeal arises out of a final decree passed in a suit for partition. The appellant as well as the respondent No. 1 are purchasers from the original owners of the land in dispute. One of the original co-sharers, namely, Binapani Biswas instituted a suit for partition against her co-sharer Pranab Gopol Biswas. The suit was valued at Rs. 8,000/-. A preliminary decree was passed on April 11, 1967 and thereafter a final decree was passed on December 13, 1971. Before the final decree was passed, the trial court went into the question of valuation of the disputed property for the purpose of payment of stamp duty. Upon a consideration of the materials on record the learned Judge in the trial court came to the conclusion that the disputed property was valued at Rs. 24,000/-. The trial court directed the plaintiff to pay the stamp duty on that basis. When the final decree was drawn up, it appears that the suit was shown to be valued at Rs. 24,000/-. Agamst the preliminary decree...
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