Kolkata Court September 1977 Judgments
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Madhusudan Mistri Vs. Assistant Registrar of Co-operative Societies
Court: Kolkata
Decided on: Sep-22-1977
Reported in: 1978CriLJ570
ORDERMonoj Kumar Mukherjee, J.1. This Rule is directed against an order dated 14-1-78 passed by the Sub-Divisional Judicial Magistrate, Bongaon, issuing a search warrant -on 1fhe 'prayer of the Assistant Registrar of 'Co-operative 'Societies, 24 Parganas (North).2. The facts leading to the issuanee of the search warrant may be stated ,as follows; On 3-6-75 the Assistant -Registrar of the Co-operative Societies,, 24 Parganas (North) filed .an application before ,the Sub-Divisiomal Magistrate, Bongaon, under S-124 (1) of the Wast Bengal Co-qperatlve Societies Act, 1973 /hereinafter xeferxed to as the Act) alleging inter alia .that Madhusudan Mislay, the Ex-Secretary of JRanchita fishermen's Co-operative .Societies Limited (hereinafter neferned to as is Society) has not handed over ,books of accounts of the. Society including ,other assets to (the .present Secretary .of the Society Sri Dinahandhu Ear in spite of repeated directions. He, accordingly, prayed .that ,an order may be issued Un...
Mulchand Doshi Vs. Dalam Chand Bengani and ors.
Court: Kolkata
Decided on: Sep-21-1977
Reported in: AIR1978Cal352
Sabyasachi Mukharji, J. 1. Disputes and differences arose between Khin Karan Doshi, Dhanraj Doshi, Mulchand Doshi and Dalam Chand Bengani, the four partners of the firm of Novelty Engineering Works. There was an agreement to refer the disputes to the arbitration on the 7th Aug. 1974. The said disputes were, accordingly, referred to the arbitration of two arbitrators and they appointed on the 8th August, 1974 one Umpire. The joint arbitrators having failed to arrive at a unanimous decision, referred the matter to the Umpire. The Umpire on the 5th of December, 1974 wrote to the parties and held sittings. There was a meeting on the 7th of December, 1974. This meeting is recited in the award. The minutes of the meeting were signed by the parties. On the 20th of December, 1974 another meeting was held by the Umpire when all the parties were present and by consent of all the parties M/s. Fulchand Manmal, a firm, which was a creditor of the partnership firm in question, was added as a party t...
Pranenda Mohan Das Vs. Central Bank of India
Court: Kolkata
Decided on: Sep-15-1977
Reported in: AIR1978Cal55
ORDERPadma Khastgir, J. 1. This suit has been filed by the plaintiff on 13th Sept. 1969 againstthe defendant Bank for a decree for Rs. 13,701/-, being the amount according to the plaintiff wrongfully and illegally debited in the Savings Account No. 266 maintained by the plaintiff with the defendant in its College Street Branch, decree for Rs. 5,000/- and damages and other consequential reliefs. 2. The plaintiff's case is that the plaintiff at all material times had and still has a savings deposit account bearing No. S/B A/c No. 266 with the defendant at its College Street Branch, 'at No. 1, Bidhan Sarani. According to the plaintiff, on 10th June 1966 the plaintiff had a balance of Rs. 27,025.55 in the said account to the credit of the plaintiff. On 18th June 1966 and 11th August 1966 the plaintiff withdrew from the said account a sum of Rs. 2,943.50 and Rs. 3,225/- respectively aggregating Rs. 6,168.50 leaving a credit balance of Rs. 20,860.50 in the said account. On 2nd Feb. 1968 the ...
Lohia Trading Co. Vs. Central Bank of India and anr.
Court: Kolkata
Decided on: Sep-15-1977
Reported in: AIR1978Cal468
ORDERMonjula Bose, J. 1. The claim in his suit is one for refund of a sum of Rs. 7,381/12/-. The case in the plaint is that, the plaintiff had purchased several lots of paper from the defendant No. 2 which remained deposited with the defendant No. 1 hereinafter referred to as the Bank. It was agreed by and between the parties that the plaintiff would take delivery of the said paper from the Bank, upon payment of its value against instructions of the defendant No. 2. The Bank in turn, agreed to issue delivery orders in favour of the plaintiff to the warehouse, where the paper is stored, free from warehouse and other charges. Pursuant to this agreement, it is alleged that the plaintiff paid the Bank a sum of Rs. 1,581/12/- in accordance with the first delivery instructions issued by the defendant No. 2, but in breach of the agreement and the instructions of the defendant No. 2 the Bank issued defective delivery orders making the plaintiff liable to pay a sum of Rs. 86/14/- as warehouse c...
Commissioner of Income-tax Vs. Siksha Debi Bhagat
Court: Kolkata
Decided on: Sep-15-1977
Reported in: [1980]124ITR765(Cal)
Deb, J.1. The following questions are involved in this reference under Section 66(1) of the Indian I.T. Act, 1922 :'(1) Whether, on the facts and in the circumstances of the case, the assessee-family was precluded, by virtue of the second proviso to Section 30(1) of the Indian Income-tax Act, 1922, from objecting to the inclusion in its total income of the sum of Rs. 26,708 in the appeal filed by it against its own assessment made in the status of a Hindu undivided family ? (2) In case the answer to the first question be in the negative, whether on the facts and in the circumstances of the case, the Tribunal was justified in excluding from the total income of the assessee-family the sum of Rs. 26,708 being half of the dividends deemed to have been distributed to the firm of M/s. Banshidhar Durgadutt by operation of Section 23A ' 2. The assessee is an HUF. Its karta was one Durgadutt Bhagat. After his death the name of his widow, Sm. Siksha Devi Bhagat, was substituted as the appellant ...
Sri Iswar Dashabhuja Thakurani and ors. Vs. Sm. Kanchanbala Dutta and ...
Court: Kolkata
Decided on: Sep-12-1977
Reported in: AIR1977Cal473
ORDERPadma Khastgir, J. 1. This suit has been filed by the plaintiffs (1) Sri Sri Iswar Dashabhuja Thakurani (2) Sri Sri Iswar Govinda Jew Thakur and (3) Rash Behari Roy against the defendants (1) Sm. Kanchanbala Dutta (2) Gosta Behari Roy and (3) Brojo Behari Roy inter alia for appointment of the plaintiff No. 3 Rash Behari Roy as the next friend of the plaintiff deities, declaration that the properties mentioned in Annexure 'A' to the plaint are debutter properties belonging absolutely to the plaintiff deities, framing of a scheme, injunction, Receiver, accounts, etc. 2. The case of the plaintiffs is that the defendant No. 1 is a daughter and the plaintiff No. 3 and the defendant Nos. 2 and 3 are the sons of one Hari Mohan Roy. This Hari Mohan Roy owned and possessed two immovable properties at Calcutta, being premises No, 16A, Nandan Road and 20, Ahiritola Street and various properties at Mogra in the district of Hooghly. Full particulars of which will appear from Annexure 'A' to th...
Commissioner of Income-tax Vs. All India Tea and Trading Co. Ltd.
Court: Kolkata
Decided on: Sep-12-1977
Reported in: [1978]113ITR545(Cal)
Deb, J.1. This is a reference under Section 66(2) of the Indian Income-tax Act, 1922. The assessee is a company having a tea estate in Assam. The relevant assessment year is 1958-59.2. The Assam Legislature passed the Assam Land (Requisition and Acquisition) Act, 1948, in order to accommodate the refugees and other landless persons. Section 3 of that Act provides for requisitioning lands. Under Section 4 the requisitioned land may be used or dealt with in such manner as may seem expedient to the State Government. The land can also be acquired by the State Government after the necessary notice. Compensation for acquisition and requisition was payable under Section 7. Section 7(3) provides that where any land is requisitioned under Section 3, every person interested in such land is to be paid such compensation as might be agreed upon in writing between the person and the Collector and any damage done during the period of requisition. Under Section 7(4), in the case of land, included in a...
12, I.C. Bose Road Tenants' Association Vs. Collector of Howrah and Or ...
Court: Kolkata
Decided on: Sep-07-1977
Reported in: AIR1977Cal437,(1977)2CompLJ338(Cal),82CWN33
M.M. Dutt, J.1. This appeal is directed against the judgment of M. N. Roy J. whereby the Rule Nisi obtained by the appellant on its application under Article 226 of the Constitution was discharged.2. The appellant who is described as '12, I. C. Bose Road, Tenants' Association' challenged a declaration under Section 6 of the Land Acquisition Act, 1894 which was preceded by a notification under Section 4 of the said Act. The notification under Section 4 was published on Dec. 2, 1974. It was inter alia stated therein that the lands comprised in the premises Nos. 12 and 16. I. C. Bose Road were likely to be nreded for public purpose, namely, for the construction of the northern approach road in connection with the re-construction of the Buckland Bridge at Howrah at the expenses of the Calcutta Metropolitan Development Authority (hereinafter referred to as the C. M. D. A.). After hearing the objections filed by the interested persons including the tenants of the said premises under Section ...
Pronati Mitra Vs. Sachindra Nath Chatterjee
Court: Kolkata
Decided on: Sep-07-1977
Reported in: AIR1977Cal409
N.C. Mukherji, J.1. This appeal is directed against the judgment and decree dated 30th January 1968 passed by Sri P. K. Banerjee, Additional District Judge, 7th Court at Alipore in Title Appeal No. 1000 of 1967 affirming those dated 4th May, 1967 passed by Sri R. K. Ghatak, Munsif, 2nd Court at Sealdah in Title Suit No. 483 of 1963.2. The plaintiff filed the suit on the ground that she requires the suit premises for her own personal use and occupation. The defendant contested the suit 3. The learned Munsif found that the plaintiff failed to prove that she requires the said premises for her own use and occupation. In that view of his finding the suit was dismissed. The plaintiff preferred an appeal before the learned Additional District Judge and the learned Additional District Judge dismissed the appeal. Being aggrieved, the present appeal has been filed.4. During the pendency of this appeal on September 20, 1976 an application was filed for amendment of the plaint which became necessa...
Puspabala Ray Vs. Life Insurance Corporation of India
Court: Kolkata
Decided on: Sep-06-1977
Reported in: AIR1978Cal221
ORDERManjula Bose, J. 1. One Radheshyam Roy, since deceased instituted this suit on Sept. 19, 1956 against the defendant Life Insurance Corporation of India for recovery of a sum of Rs. 26,000/- alleged to be due from Peerless Life Insurance Co. Ltd. (hereinafter referred to as the Insurance Company). 2. The case in the plaint is that the original plaintiff was the Managing Director of the said Insurance Company and that on account of paucity of funds he had not drawn his remuneration as Managing Director from Jan. 1943 till Dec. 1947. It is alleged that the Insurance Company by its resolution dated July 2, 1948 agreed and/or promised as follows: 'Resolved unanimously that the sum of Rs. 26,000/-, being the amount of remuneration foregone by the Managing Director Mr. R. Roy up to Dec., 1947, be paid to him in a lump sum or in one or more instalments in one or more years as and when the company is in a position to do so'. 3. It is further alleged that the Life Insurance Corporation of I...
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