Kolkata Court September 1976 Judgments
Sm. Biva Banerjee and anr. Vs. Manmatha Nath Banerjee
Court: Kolkata
Decided on: Sep-21-1976
Reported in: AIR1977Cal82
A.K. Janah, J.1. This appeal is on behalf of the tenants-defendants and it arises out of a suit for ejectment instituted by the landlord-respondent on the ground of reasonable requirement for his own use and occupation and also for the use and occupation of the members of his family. The suit premises consists of the north and western portion of premises No. 198. Upper Circular Road. Originally the defendants' father Bipin Krishan Banerjee was a tenant in respect of the disputed premises under the predecessor-in-interest of the plaintiff. The plaintiff purchased premises No. 198, Upper Circular Road by a registered sale deed dated December 14, 1949 and became the owner of the said premises. The father of the defendant held the disputed premises at a monthly rent of Rs. 57.50 payable according to English Calendar month.2. The plaintiff's case is that he purchased the disputed premises for his own use and occupation and for the use and occupation of the members of his family. It is alleg...
Tag this Judgment!Union of India (Uoi) Vs. M.L. Dalmiya and Co. Ltd.
Court: Kolkata
Decided on: Sep-21-1976
Reported in: AIR1977Cal266,81CWN168
Salil Kumar Datta, J.1. The respondent, M. L. Dalmiya & Co. Ltd., an existing company under the Companies Act, 1956 hereinafter referred to as the Company, was employed by the Union of India, the appellant before us, to construct the New Terminal Building at Dum Dum Air Port Phase 1 Superstructure in terms of contract No. 13/EE/63-64 entered into on May 14, 1963. The Company completed the work including additional works before August 14, 1970. In course of work various disputes and differences arose between the parties in respect of the said contract. The disputes between the parties were referred by the Chief Engineer (Eastern Zone) to the arbitration of M. S. Iyengar Superintending Engineer (Arbitration). The arbitrator after hearing, examining and considering the statements of the parties and oral and documentary evidence, published his award on September 25, 1972 for which extension of time was duly obtained. The award was purported to be corrected by the Arbitrator in respect of c...
Tag this Judgment!income-tax Officer and ors. Vs. Mahadeo Lal Tulsian and ors.
Court: Kolkata
Decided on: Sep-21-1976
Reported in: 82CWN197,[1977]110ITR786(Cal)
Anil K. Sen, J. 1. This is an appeal under Clause 15 of the Letters Patent preferred by the revenue and it is directed against the judgment and order dated March 22, 1974, passed by A. K. Mookerji J, in Civil Rule No. 607(W) of 1971 [Mahadeolal Tulsyan v. Income-tax Officer : [1977]110ITR637(Cal) ], whereby the learned judge set aside a notice under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as the 'said Act'), and quashed all proceedings initiated thereon.2. Messrs. Calcutta Hardware Store, of which the sole respondent is a partner, was assessed to income-tax for the assessment year 1961-62 on a total income of Rs. 87,227 by the Income-tax Officer, 'I' Ward, Hundi Circle, Calcutta, on February 22, 1962. At the said assessment the assessee-firm filed copies of their accounts including the profit and loss account, balance-sheet and loan account. Such loans obviously included a number of hundi loans and the assessee-firm also claimed credit for the interest alleged ...
Tag this Judgment!Abdul Sattar Ostagar and anr. Vs. Abu Bakkar Ostagar and ors.
Court: Kolkata
Decided on: Sep-20-1976
Reported in: AIR1977Cal132
N.C. Mukherji, J.1. This is an appeal against the judgment and decree passed by the 5th Extra Court of the Additional District Judge, Alipore in Title Appeal No. 1137 of 1959 reversing the judgment and decree dated 21st August 1959 passed by the Subordinate Judge of 7th Court, Alipore in Title Suit No. 38 of 1956.2. The respondents Nos. 1 and 2 filed a suit alleging that Sekander Ostagar, predecessor of the plaintiffs and the defendants Nos. 1 and 2 and Abdul Ostagar, predecessor of the defendants Nos. 3 to 14 were relations. By a registered patta dated 26-11-1909 they took a lease of the disputed property at a rental of Rs. 22/- and had eight annas share each in the property, Abdul Ostagar died first leaving the defendant No. 3 and one Amena Bibi, predecessors of the defendants Nos. 4 to 14 as his daughters. Those heirs began to possess the property in ejmali with Sekandar Ostagar. Then the latter died leaving the defendants Nos. 1 and 2 as sons by his first wife, the plaintiff No. 3 ...
Tag this Judgment!Babulal Newar Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Sep-17-1976
Reported in: [1978]112ITR399(Cal)
1. Babulal Newar, the petitioner, has instituted these proceedings under Articles 226 and 227 of the Constitution whereby he seeks to impugn the levy of interest under Section 215 of the Income-tax Act, 1961, in assessment year 1963-64,2. It is not disputed that the petitioner is an assessee under the Income-tax Act, 1961. It is also a matter of record that in respect of the assessment year 1963-64, the Income-tax Officer concerned, the respondent No. 3, herein issued a notice on the petitioner under Section 210 of the Income-tax Act, 1961, on the 21st January, 1963, calling upon him to pay an advance tax of Rs. 28,501 for the relevant financial year ending on the 28th October, 1962. The petitioner purported to file on the 15th March, 1963, an estimate of his income under Section 212 of the Act, where it was shown that no advance tax was payable by him.3. Subsequently, the petitioner filed his return of income for the said assessment year showing an income of Rs. 53,299. The respondent...
Tag this Judgment!Union of India (Uoi) Vs. Tata Mills Ltd. and ors.
Court: Kolkata
Decided on: Sep-17-1976
Reported in: [1977]110ITR135(Cal)
B.C. Basak, J.1. This appeal is directed against a judgment and order passed by the learned trial judge on the 30th November and 2nd December, 1970, respectively, in an application made by the Union of India in Suit No. 890 of 1967 (Tata Mitts Ltd. v. Gulab Chand Dhanraj) (hereinafter referred to as the said suit) for directions for, inter alia, stay for sale of the premises No. 1, Vivekananda Road, Calcutta (hereinafter referred to as the ' said premises '), and all proceedings taken by all the judgment-creditors to obtain payment by sale and attachment of the said premises and, alternatively, for an order directing the Sheriff of Calcutta to pay to the petitioner certain sums prior to making any payment to judgment-creditors.2. The said suit was filed in this court on the 25th April, 1967, by Tata Mills Ltd. against the defendants for a decree for a sum of Rs. 72,142.56 with interest and for other reliefs. The defendant No. 1 was a partnership firm and the other defendants were the p...
Tag this Judgment!Kalipada Dinda and ors. Vs. Kartick Chandra Hait and ors.
Court: Kolkata
Decided on: Sep-16-1976
Reported in: AIR1977Cal3
ORDERR. Bhattacharya, J.1. This revisional application is by the defendants Nos. 1 to 7 of the original suit against the decision of a Subordinate Judge, Midnapur in a first appeal remanding the case back to the trial Court of the Munsif for the rehearing of the suit.2. The opposite party-plaintiff Kartick Hait brought the original suit against several defendants for declaration of his title to some of the properties mentioned in the plaint and for partition of the suit properties, separate possession, mesne profits and permanent injunction. Of the defendants only the petitioners before this Court filed written statements and contested the suit challenging the allegations of the plaintiff. The trial Court on consideration of the evidence disbelieved the evidence adduced on the side of the plaintiff and rejected the story that the plaintiff had any title to the disputed lands as alleged and held the contesting defendants' case as acceptable. The learned Munsif dismissed the suit. In the...
Tag this Judgment!Samar Roy Chowdhury Vs. Sm. Snigdha Roy Chowdhury
Court: Kolkata
Decided on: Sep-16-1976
Reported in: AIR1977Cal213
Banerjee, J.1. This appeal arises out of an application made under Section 12 of the Hindu Marriage Act, 1955 at the instance of the husband against the wife for annulment of the marriage celebrated on 13th May, 1973. The application was filed on 13th December, 1973. The husband in his petition stated that they were married according to the Hindu rites on 13th May, 1973. On 14th May, 1973 the couple returned to the residence of the petitioner at 7, Haridas Daw Road, p. S. Behala. On the night of 15th May. 1973 which was the Fulsajja night, the petitioner, it is alleged, desired and demanded to consummate the marriage but the respondent refused to agree and in fact she made terrible opposition amounting to invincible repugnance to the act of consummation and the petitioner found her to be mentally depressed which deterred the petitioner from making further progress for consummation of marriage. On May 20, 1973 the couple went back to the quarters of Ashis Bhowmick, brother of the wife, ...
Tag this Judgment!Naima Bibi Vs. Lodhne Colliery Co. (1920) Limited
Court: Kolkata
Decided on: Sep-16-1976
Reported in: (1977)IILLJ69Cal
Salil Kumar Datta, J.1. This is an appeal by the wife of the deceased workman against the judgment sad order pined by the Commissioner, Workmen's Compensation, on April 2l, 1972. By that order, it was held that the accident in which the workman met his death by reason of the assault by some unknewa assailants, did not arise oat of his employment though It tool place is course of such employment. The application for compensation was accordingly dismissed.2. The facts, as found by the learned Commissioner, are that on September 1, 1969 as the workman came to the surface on a lift of the colliery on completion of hit duty, and was going home he was assaulted by some unknown persons And as a result died on the spot. It has been also found that the accident took place within the colliery, i.e., the premises of the employer. As, however, It was held, the accident did not arise cut of the employment of the Workman, the claim was not entertained. The propriety of the decision is the subject. m...
Tag this Judgment!State Vs. Prakash Ch. De and anr.
Court: Kolkata
Decided on: Sep-13-1976
Reported in: 1977CriLJ863
Sudhamay Basu, J.1. This is an appeal under Section 411-A of the Cri.P.C. filed by the State against an order of acquittal dated the 15th of January, 1973, passed by N.C. Mukherjee, J., in the Sessions trial of the Original Side of the High Court acquitting accused Prokash Chandra Dey and Rabindranath Dey of the charges under Sections 302 and 326 respectively of the I.P.C.2. The prosecution case is that one Dipak Sarkar since deceased was an active Congressman and along with others was member of a club known as Taruner Ahavan' situated at 23, Bidhan Sarani near the crossing of Kailash Bose Street and Bidhan Sarani and near the Srimani Market, There was a saloon named 'Saloon De Style' adjacent to the club and within the said Premises No. 23, Bidhan Sarani. Dipak and others, members of the club were active supporters of the local Congress candidates in the General Election held on the 19th February, 1967, Accused Prokash and Rabi who are brothers. resided at 5, Kailash Bose Street and w...
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