Kolkata Court July 1977 Judgments
Daga Auto Service Pvt. Ltd. and anr. Vs. the Land Acquisition Collecto ...
Court: Kolkata
Decided on: Jul-29-1977
Reported in: AIR1978Cal1
ORDERSabyasachi Mukharji, J.1. In this application under Article 226 of the Constitution the petitioners have challenged the notification under Section 4 of the Land Acquisition Act, 1894, the report made under Section 5-A of the said Act and the notification issued under Section 6 of the said Act dated 7th Jan., 1974. This application relates to the acquisition of premises No. 29, Chitta Ranjan Avenue, Calcutta and the area comprised is 0506 hectres. The said notification and the said report have been challenged on several grounds. Most of these grounds are similar to the grounds taken in the case of Banku Behari Dutta v. State of West Bengal which is reported in : AIR1976Cal393 . In view of the said decision, learned counsel for the petitioner did not press most of thesegrounds. In view of the decision of the Supreme Court in the case of Kalumiya Karimmiya v. State of Gujarat, : [1977]2SCR606 most of these grounds are no longer open to challenge by the petitioner. The only ground upo...
Tag this Judgment!Corporation of Calcutta Vs. Algu Shaw and ors.
Court: Kolkata
Decided on: Jul-29-1977
Reported in: 1978CriLJ220
ORDERR.K. Sharma, J.1. This Rule arises at the instance of the Corporation of Calcutta against the order passed by the Senior Municipal Magistrate and Metropolitan Magistrate and Judicial Magistrate 1st Class, Calcutta, discharging three accused persons Under Section 245 of the Cr.PC and releasing the seized stock of Kalojira in favour of the accused persons.2. On the 23rd July, 1975, Food Inspector Sri S. N. Ghosh who is an employee of the Corporation, visited the spices shop of the opposite parties situate at 233/1 Maharshi Devendra Road, Calcutta. He demanded inspection and after inspection seized the stock of Kalojira amounting to 10 Kg which had been kept in the grocery shop of opposite parties for sale for human consumption. Sample was duly taken by the Inspector and the same wag sent to the public analyst for examination. The report of the public analyst showed that on the basis of his plysical examination, the extraneous matter found amounted to 3.20 per cent, inorganic extrane...
Tag this Judgment!Dwijendra Lal Brahmachari and ors. Vs. New Central Jute Mills Co. Ltd. ...
Court: Kolkata
Decided on: Jul-28-1977
Reported in: [1978]112ITR568(Cal)
Ghose, J.1. This appeal arises out of the judgment and order dated February 2, 1972, passed by Sabyasachi Mukharji J. : [1973]90ITR467(Cal) (New Central Jute Mills Co. Ltd. v. Dwijendralal Brahmackari). By and under the said judgment and order, his Lordship was pleased to make the rule nisi issued in the matter absolute and was pleased to quash a notice dated the 5th June, 1969, mentioned in the petition issued under Section 131 of the Income-tax Act, 1961. His Lordship made it clear that the order of his Lordship would not prevent the appellants (who were respondents in the application) from taking any step for discovery and inspection of documents mentioned in the notice under Section 131 of the Income-tax Act in accordance with the provisions of law.2. Although the ambit of this appeal falls within a narrow compass wehave to recite the facts leading to the making of the above-mentionedapplication in the writ jurisdiction of this court by the respondents inorder to appreciate the iss...
Tag this Judgment!The Indian Cable Co. Ltd. Vs. Lodna Colliery Co. (1920) Ltd.
Court: Kolkata
Decided on: Jul-25-1977
Reported in: AIR1977Cal402
ORDERMonjula Bose, J.1. This suit has been filed by the plaintiff, inter alia, for a decree for Rs. 1,93,274.10 p. for price of goods sold and delivered to the defendant.2. The plaintiff's case, in short, is that on October 3, 1972 it had sold and delivered to the defendant various electrical goods of the total value of Rupees 1,33,082.50 p. On October 9, 1972, the plaintiff to secure payment of its dues drew a Hundi and/or sola of exchange upon the defendant directing the latter to pay within 45 days from date the said sum to the plaintiff's bankers and the defendant duly accepted the same. On due date, the instrument was dishonoured by non-payment and in spite of demands the defendant has failed and neglected to pay the plaintiff's dues.3. The defendant has filed its written statement denying the allegations in the plaint. It is contended further that the suit is not maintainable by virtue of the provisions of the Coal Mines (Nationalisation) Act, 1973 (hereinafter referred to as the...
Tag this Judgment!Sati Kanta Guha and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-25-1977
Reported in: 1977CriLJ1644
R. Bhattacharya, J.1. These three applications arise out of a Sessions Trial in the Court of the llth Additional Sessions Judge at Alipore, 24 Parganas where several charges have been framed against the petitioners by the learned Judge after hearing the parties Under Section 228 of the Cr. P. C., 1973. The petitioners have come up to this Court for quashing the proceedings Under Section 482 of the new Code.2. Briefly stated, the prosecution case is that one Surupa Guha was married to the accused Indranath Guha in 1966. After about a year of the marriage, there had been continued ill treatment towards Surupa from her husband Indranath, her father-in-law Satikanta Guha and her mother-in-law Pritilata Guha and such ill treatment at times became unbearable to her. On 4-5-1976 at about 10 or 10-15 a. m. Surupa came back home at 10, Hindusthan Road, Calcutta from the Science College Laboratory where she used to go for her research work. Thereafter she was given some food viz., cucumber and l...
Tag this Judgment!Md. Khalil Rahaman Vs. Bhagabati Charan Roy
Court: Kolkata
Decided on: Jul-22-1977
Reported in: AIR1978Cal321
Chittatosh Mookerjee, J.1. The plaintiff-respondent was a tenant at 5, J. C. Bose Road, P. S. Golabari. According to the Trial Court and the Lower Appellate Court on 27th Aug. 1959, he and the defendant-appellant entered into a partnership agreement. The plaintiff was given 2 annas share of the fish business which was to be carried on under the name and style of M/s. M. K. Rahaman & Company in a portion of the plaintiff's rented room at 5, J. C. Bose Road. The Lower Appellate Court has found that the said partnership agreement was acted upon and from 11th Sept. 1959 the defendant had carried on fish business in the said room. In May, 1960 the defendant obtained a direct tenancy of the room in question from the landlord. The defendant did not pay any money to the plaintiff for his share of the profit of the said partnership business.2. The plaintiff-respondent for permanent injunction brought a suit to restrain the defendant and his men from entering into the shop-room at 5, J. C. Bose ...
Tag this Judgment!Siddheswar Prasad Singh Vs. Bhaba Sundari Pramanick Sha and anr.
Court: Kolkata
Decided on: Jul-21-1977
Reported in: AIR1978Cal4
B.C. Ray, J.1. This appeal is at the instance of the plaintiff, Siddheswar Prasad Singh and it arises out of the judgment and decree dated 31st of July, 1971 passed by the Additional District Judge, First Court, Alipore in Title Appeals Nos. 727 and 735 of 1970 (heard analogously and disposed by the same judgment) reversing the judgment and decree dated April 27, 1970 passed by the Subordinate Judge, 5th Court, Alipore in Title Suit No. 62 of 1966.2. The plaintiff appellant brought an action against the defendant No. 1, Bhaba Sundari Pramanick Sha and defendant No. 2. Bamadhar Sha Kalwar for specific performance of the contract of sale of the suit property comprising of 8 cottahs of land with pucca structures and khola tile sheds executed by the defendant No. 1 in favour of the plaintiff on 1st of Ashar, 1373 B. S. corresponding to June 16, 1966 stipulating to sell the said property for the consideration of Rs. 7,000 free from alt suits or Rs. 6,000 with all encumbrances within Sravana...
Tag this Judgment!Mira Rani Dey Vs. Namita Goswami and ors.
Court: Kolkata
Decided on: Jul-21-1977
Reported in: AIR1977Cal372
N.C. Mukherji, J.1. This appeal is directed against an order passed on 30th July, 1974 by Sri S. B. Putatunda, Subordinate Judge, 4th Court, Alipore, in Miscellaneous Case No. 42 of 1973 arising out of Title Suit No. 35 of 1968 dismissing the appellant's application under Order 9, Rule 13 of the Code of Civil Procedure.2. The facts of the case may briefly be stated as follows:--The appellant filed an application under Order 9, Rule 13 of the Code alleging that the summons of Title Suit No. 35 of 1968 was never served upon her and prior to 9-11-73 she had no knowledge of the suit and of the decree passed therein. It was only when on the evening of 9-11-73 one Sri Subodh Chandra Mukherjee along with others came to her house and told her that he had been appointed Receiver in the suit. The petitioner thereafter engaged one learned Advocate on 10-11-1973 to make enquiries in respect of the suit. After filing an information slip and on personal inspection of the record the learned Advocate ...
Tag this Judgment!The Superintendent and Remerabrancei of Legal Affairs Vs. Tarapada Sin ...
Court: Kolkata
Decided on: Jul-20-1977
Reported in: 1977CriLJ1820
A.N. Banerjee, J.1. This Rule is directed against an order dated 19-2-1976 passed by the learned Additional Special Judge, Asansol. It appears that the learned Special Judge discharged the accused opposite parties on repeated negligence on the part of the prosecution to produce witnesses and also on the ground that title little evidence recorded in the case was insufficient to establish a prima facie case for framing a charge. After such order of discharge was made a fresh complaint was filed before the same learned Judge. But the learned Judge refused to entertain such fresh complaint on two grounds. His first ground was that he had no jurisdiction to entertain such fresh complaint and to proceed afresh against the accused opposite parties without any fresh distribution order from the Government. His second ground Was that in any case unless his earlier order of discharge was set aside by a superior court he was incompetent to entertain the fresh complaint.2. Having heard Mr. Manas Ra...
Tag this Judgment!Alliance Jute Mills Co. Ltd. Vs. Lalchand Dharamchand and anr.
Court: Kolkata
Decided on: Jul-19-1977
Reported in: AIR1978Cal19
Ramendra Mohan Datta, J.1. This appeal has been preferred from the judgment and order of Ghosh, J. D/-10-11-1971 staying the suit filed herein under Section 34 of the Arbitration Act, 1940.2. The facts are that by exchange of a bought and a corresponding sold note both bearing No. RJ-50521 dated March 16, 1968, through the broker R.L. Saraf & Co., the respondent No. 1 herein, Lalchand Dharamchand sold to the appellant 600 maunds of Agartala Mesta Fibre at the rate of Rs. 38.50 P. per maund working out at Rs. 103.15 p. per quintal, delivery on 31st March, 1968, at the buyers mill siding. The said contract between the parties was subject to the terms and conditions of the East India Jute & Hessian Exchange Association Ltd. relating to contracts for jute. The relevant bye-laws of the said Association contained an arbitration clause and the same provided as follows:'17. All matters, questions, disputes, difference and/or claims arising out of and/or concerning and/or in connection with and...
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