Kolkata Court September 1976 Judgments
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Subir Ghosh Vs. Indian Iron and Steel Co.
Court: Kolkata
Decided on: Sep-12-1976
Reported in: (1977)IILLJ120Cal
Anil K. Sen, J.1. This is an appeal by the defendant in a suit for recovery of money is directed against the original decree passed by the learned Judge, 4th Bench, City Civil Court at Calcutta, dated March 18, J969, passed in Money Suit No. 161 of 1967. This appeal has been argued on two questions of law, facts not being very much in dispute,2. The appellant was recruited as an officer trainee by the respondent-company under its First Staff Assistant Scheme for training. He was so recruited on an agreement between the panics made on September 20, 1965. The agreement provided:In consideration of a bond to be executed immediately after the signing hereof by the officer trainee in favour of the company whereby he shall bind himself to pay to the company a sum of Rs 6,000 by way of premium but subject to the condition provided by such bond and also to the undertakings on his part herein contained the company undertakes no afford such training and instruction to the officer trainee as the ...
Kartik Chandra Bera Vs. Bhusan Chandra Guria
Court: Kolkata
Decided on: Sep-10-1976
Reported in: AIR1977Cal52
ORDERSalil Kumar Datta, J.1. This Rule was issued at the instance of the plaintiff in Title Suit No. 357 of 1967 in the Court of 1st Mun-sif, Tamluk against the order No. 47 dated Sep. 21, 1973, whereby the suit was dismissed after contest in terms of Sole-nama which was made a part of the decree. The relevant facts are as follows : The plaintiff filed the above Title Suit for declaration of title and recovery of possession of the suit property on eviction therefrom of the defendant the opposite party No. 1 and the State of West Bengal. It was stated that the opposite party No. 1 was allowed to live in the suit property as the licensee and as he failed to vacate on demand the suit was instituted for recovery of possession on declaration of title. The opposite party No. 1 filed a written statement stating that he was a tenant under the plaintiff's father since 1347 B. S. and his right was also perfected by adverse possession and his name was duly entered in the record of rights as a rai...
L. Madanlal (Aluminium) P. Ltd. Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Sep-08-1976
Reported in: [1978]115ITR293(Cal)
M.M. Dutt, J. 1. In this rule, the petitioner L. Madanlal (Aluminium) Pvt. Ltd. has challenged the legality of a notice dated November 14, 1975, issued by the ITO under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as ' the Act '), for the assessment year 1972-73.2. The petitioner carries on the business of manufacture of aluminium utensils. The petitioner filed its returns of income for the said assessmentyear 1972-73 before the respondent No. 1, the ITO, showing as income of Rs. 2,95,030. The said income was computed by the petitioner after deducting the actuarial or the discounted value of the amount of gratuity payable to its employees on their retirement under the gratuity scheme. The respondent No. 1 by his order dated January 18, 1973, passed under Section 143(3) of the Act, though assessed the total income of the petitioner at Rs. 3,09,690, yet he accepted the deduction of the actuarial value of the gratuity. Being aggrieved by the said order of the responden...
United Bank of India Vs. Prabhas Ch. Deb and ors.
Court: Kolkata
Decided on: Sep-07-1976
Reported in: AIR1977Cal55,81CWN48
N.C. Mukherji, J. 1. This Rule arises on an application under Section 115 of the Code of Civil Procedure and is directed against order No. 14 dated April 8, 1974 passed by Shri A. N. Saha, Additional Subordinate Judge, Nadia, in Title Suit No. 2 of 1974.2-3. The facts of the case may briefly be stated as follows :--The petitioner as plaintiff filed a suit against the opposite parties. The said suit was signed and verified by one Sri C. R. Sen Gupta. Agent of the Be-thuadari Branch of the United Bank of India. The defendant challenged the verification. The plaintiff was allowed time to satisfy the court that Sri Sengupta fills up the character of any of the personalities described in Order 29, Rule 1 of the Code of Civil Procedure. The plaintiff, however, produced a registered power of attorney executed by the Manager and the Director of the Bank authorising one Sri Nikhil Ranjan Ghosh to sign the pleading on behalf of the company. It was the contention of the plaintiff that by the said...
Pradip Kumar Saha Vs. Laksmi Narayan Dutta
Court: Kolkata
Decided on: Sep-07-1976
Reported in: AIR1977Cal171
R. Bhattacharya, J.1. This re-visional application under Section 115 of the Code of Civil Procedure has been filed by the petitioner, Pradip Kumar Sana, alleged to be a minor represented by his natural guardian father, against an order passed by the learned Judge, City Civil Court, Calcutta in Ejectment Suit No. 281 of 1975 refusing to allow the petitioner to be represented by his father.2. The relevant facts in this case are simple. The plaintiff Lakshmi Narayan Dutt, a lunatic represented by his next friend and wife Parul Dutta filed the ejectment suit against the defendant on the allegation that he was the tenant in respect of the suit premises. The defendant was described as major. On several occasions processes were issued, but it appears that on one occasion the service return was to the effect that Pradip Kumar Saha was a minor. However, Maheswar Prasad Saha appeared in the suit representing Pradip Kumar Saha on the allegation that the said Pradip Kumar was a minor and that the ...
State of West Bengal and ors. Vs. Sarda and Sons
Court: Kolkata
Decided on: Sep-07-1976
Reported in: [1977]40STC419(Cal)
M.N. Roy, J.1. This appeal under Clause 15 of the Letters Patent is directed against the determination by Debiprosad Pal, J., made in Civil Rule No. 1519(W) of 1973 on 13th September, 1973. By the said determination, the rule in question was made absolute following the determination of the said learned Judge in the case of A.S. Narayana v. State of West Bengal 78 C.W.N. 295. The respondents in this appeal, M/s. Sarda & Sons, is a partnership firm (hereinafter referred to as the said firm) registered under the Indian Partnership Act, 1932 and at the material time it carried on business of dealing in iron and steel materials and was also the manufacturer of various iron goods. The said firm came into existence by virtue of a partnership deed dated 5th April, 1965 and previous to such incorporation, the business in question was a proprietary concern of one Ram Chandra Sarda having 10 annas share and Ghanashyam Sarda having a share of 6 annas. There is also no dispute that the said firm is...
Raipada Pramanik Vs. the State of West Bengal
Court: Kolkata
Decided on: Sep-03-1976
Reported in: AIR1977Cal7
B.C. Ray, J. 1. This appeal by the plaintiff appellant is directed against the judgment and order passed in Title Suit No. 62 of 1966 and it arises out of a proceeding for passing a decree in terms of the award made by the Arbitrator and filed by him in Court. 2. The plaintiff appellant Raipada Pramanik was appointed a clearing and storing agent for C. I. Sheet, B. R. K. Coal and other relief materials for the area under the Subdivisional Controller, Food and Supplies, Krishnagar on the basis of a written agreement executed on 22nd of February, 1967 by him and the Subdivisional Controller, Food and Supplies, Krishnagar, Nadia on behalf of the Governor, State of West Bengal. In the said agreement it was stipulated that the petitioner will store the relief materials in his godown for which he will be paid commission at a certain rate mentioned therein. In Clause 21 of the said agreement it has been provided that either of the parties shall be at liberty to terminate the said agreement on...
Kamal Krishna Bhattacharya and ors. Vs. the State of West Bengal and o ...
Court: Kolkata
Decided on: Sep-03-1976
Reported in: AIR1977Cal67,81CWN128
Sankar Prasad Mitra, C.J.1. This is a Reference made by a Division Bench consisting of my learned brother Mr. Justice Salil K. Roychowdhury and myself on the 2nd July, 1974 under Rule 7, Chapter VII, Part II of the High Court Appellate Side Rules. The reference is restricted to the meaning of the word 'such' in Section 67-A of the Bengal Municipal Act, 1932 (hereinafter referred to as 'the Act'). No other question can be gone into or decided by this Bench.2. On the meaning of the word 'such' there has been a difference of opinion between two Division Benches of this Court. The relevant decisions have been reported in (1974) 78 Cal WN 988 (State of West Bengal v. Surendranath Mondal) and : AIR1974Cal363 (Sailendra Nath Bhowmik v. State of West Bengal). The first judgment is a judgment of the Division Bench consisting of Mr. Justice A. N. Sen and Mr. Justice S. K. Hazra delivered on February 4, 1973. The second judgment is of a Division Bench consisting of Mr. Justice A. C. Gupta and Mr....
Sonapore Tea Co. Pvt. Ltd. and ors. Vs. Central Bureau of Investigatio ...
Court: Kolkata
Decided on: Sep-03-1976
Reported in: 1977CriLJ151
ORDERAmiya kumar Mookerji, J.1. A short point (that) arises for consideration in this Rule is whether the Spl. Judge, Gauhati appointed under the Criminal Law Amendment Act, 1952 is competent to issue a search warrant under Section 93(1)(c) of the Code of Criminal Procedure, 1973.2. The petitioner No. 1 is a company having its registered office at 18/15, Ballygunge Place East, Calcutta-19, The said company owns a Tea Estate known as Sonapore Tea Estate in the district of Kamrup (Assam). The petitioners Nos. 2 and 3 are the directors of the said company. During the period of Chinese aggression, sometime in the year 1963, the Defence Authorities took over possession of about 1434 bighas of land belonging to the Sonapore Tea Estate. After the expiry of the Proclamation of Emergency with effect from 10th of January, 1968 the said lands were again requisitioned by the Government of Assam, in exercise of the powers under the Requisitioning and Acquisition of Immovable Property Act, 1952 and ...
Sashi Bhusan Mitra and ors. Vs. Ramlal Mitra
Court: Kolkata
Decided on: Sep-01-1976
Reported in: AIR1977Cal351,81CWN18
N.C. Mukherji, J. 1. This is an appeal against an order dated 5th May, 1975 passed by Shri M. M. Das, 4th Subordinate Judge, Alipore in Title Execution Case No. 1 of 1971 dismissing the application filed by the appellant under Order 34, Rule 5 of the Code of Civil Procedure. 2. The facts of the case may briefly be stated as follows:-- The property in suit is 75. Chakraberia North, Calcutta, comprising 10 cottahs of land with two storied (buildings. The property was sold at Rs. 41,600 to the decree-holder in execution of a mortgage decree. The appellant, who is the judgment-debtor filed an application under Order 21, Rule 90 of the Code for setting aside the sale. A Miscellaneous Case was started and the same was dismissed for default. Thereafter the appellant filed an application under Section 151 of the Code for setting aside the order of dismissal. That application was also dismissed. The appellant also filed an application under Section 36 of the Bengal Money Lenders Act and obtaine...
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