Kolkata Court December 1979 Judgments
Excalcer Vs. the State of West Bengal
Court: Kolkata
Decided on: Dec-24-1979
Reported in: AIR1980Cal86
ORDERPratibha Bonnerjea, J.1. In April 1977 the petitioner entered into a contract with the resnondent for execution of flood protection work from chainage 903 to 906 along the left bank of Mundeswari river. Such contract was arrived at by the acceotance of the petitioner's tender No. 55/S/M of 77-78 in BF No. 2911 (i) (ii) by the respondent by its letter No. 296 dated 11-5-77. Pursuant to this agreement, the respondent issued works order on or about 11-5-77. It is alleged that the petitioner had to execute various extra works in course of execution of the works under the contract at the instance of the respondent. Thereafter disputes and differences arose between the parties in connection with the said contract which contained an arbitration clause as follows :--'Clause 25 -- Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workman...
Tag this Judgment!Sm. Harimati Sen and ors. Vs. Commercial Tax Officer
Court: Kolkata
Decided on: Dec-19-1979
Reported in: [1980]45STC252(Cal)
M.N. Dutt, J.1. In these two appeals, the appellants have challenged the propriety of the judgment'of a learned single Judge of this Court discharging the rule nisi obtained by them on their application under Article 226 of the Constitution.2. One Sambhu Charan Sen, since deceased, the predecessor-in-interest of the appellants, was the owner of a petrol pump situated at Battala Chowk, Midnapore, and carried on the business of motor spirit and allied materials in the name and style of M/s. Sambhu Charan Sen. He had a dealership with Esso Eastern Inc. He was the sole proprietor of the said firm and was a retail dealer under the Bengal Motor Spirit Sales Taxation Act, 1941. He died on 15th June, 1971.3. After his death, the dealership standing in his name with Esso Eastern Inc. was terminated and it was granted to one of his sons, Arun Kumar Sen, appellant No. 6, with effect from llth August, 1971. It is not disputed that the appellants, being the legal representatives of the said Sambhu ...
Tag this Judgment!Sm. Pengu Bala Dasi Vs. Sm. Nirada Bala Dasi and ors.
Court: Kolkata
Decided on: Dec-18-1979
Reported in: AIR1980Cal106,(1981)1CompLJ252(Cal)
Sudhindra Mohan Guha, J. 1. This is an appeal by the plaintiff whose suit for partition was decreed in preliminary form against the defendants including pro forma defendant No. 3 by the learned Subordinate Judge, Asansol. On appeal by pro forma defendant No. 3 the judgment of the trial Court, was modified and the suit against pro forma defendant No. 3 was dismissed.2. Properties in suit devolved on Keshudiram, Kunja and Mukunda. Plaintiff was the daughter and heir of Keshudiram and defendant No. 2 was the daughter and heir of Kunja Defendant No. 1 was the widow and heir of Mukunda. So the plaintiff and defendants 1 and 2 became owners of the suit properties and had been in possession jointly.3. Pro forma defendant was made a party, as he was alleged to have manufactured certain papers in respect of the suit properties in collusion with the husband of defendant No. 1.4. The defendant No. 3 contested the suit by asserting his own title to the suit properties.5. The learned trial Judge ov...
Tag this Judgment!Abhay Chand Mahatab Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-13-1979
Reported in: AIR1980Cal170,84CWN332
Dutt, J.1. This appeal is at the instance of the referring claimant, Kumar Abhaychand Mahatab and it arises out of a reference case under Section 18 of the Land Acquisition Act, 1894.2. Certain lands appertaining to the palace of the Maharaja of Burdwan were acquired by the Government for the purpose of the Burdwan University. The possession of the acquired lands and structures standing thereon was taken amicably even before the publication of the notification under Section 4. The Land Acquisition Collector made an award of Rs. 2,48,111.33 as compensation for the acquired lands. The appellant made a reference under Section 18 of the Land Acquisition Act claiming compensation at the rate of Rs. 2,50,000 per acre for the bastu land measuring 1.535 acres. He also claimed compensation of Rs. 4,00,000 for the house, Rs. 20,000 on account of the tank measuring .46 acre with 8 pucca cemented ghats, and Rs. 10,000 on account of the compound walls. Other claims were also made by him. The total ...
Tag this Judgment!Commissioner of Income-tax Vs. K.L. Knight
Court: Kolkata
Decided on: Dec-13-1979
Reported in: [1980]123ITR734(Cal)
Sankar Prasad Mitra, C.J. 1. In this reference under Section 256(1) of the I.T. Act, 1961, the respondent is not appearing. We requested Mr. R. N. Bajoria to appear as amicus curiae. We are grateful to him and to his learned junior, Mr. Samir Chakraborty, for the assistance they have given to us.2. The assessment year is 1967-68,, corresponding to the accounting year ending on March 31, 1967. According to the statement of the case, the assessee was in the service of M/s. A. W. Heilgers & Co. (P.) Ltd. The ITO found that the assessee joined the above company in Calcultta on February 5, 1957. His services were thereafter lent to M/s. Heilgers (Burma) Ltd., in Burma on and from the 1st September, 1957. He rejoined the Calcutta company on the 22nd February, 1965. He served the Calcutta company for some time and then he resigned and left Calcutta.3. From the salary certificate, the ITO found that the assessee's salary was paid up to April, 1968. The service agreement entered into on the 20t...
Tag this Judgment!Amal Kumar Ghatak Vs. Regional Provident Fund Commissioner and ors.
Court: Kolkata
Decided on: Dec-13-1979
Reported in: (1980)IILLJ308Cal
M.N. Ray, J.1. The average rate of plucking of tea leaf, which is known as Ticca, and remuneration for the same for the tea garden laborers including men, women and children are generally settled and in the instant case the same was really settled in terms of the settlement as disclosed and it appears that 'extra leaf price' in Doars and Tarai Gardens which was initially fixed at 5.5 paisa was raised to seven paisa per kg. with effect from 9th June, 1969, in the Tea Gardens at Doars and Tarai.2. The point involved in this case would be whether payment for such extra plucking of leaf, over and above the Ticca, by a workman and the payment received by him for that, would be overtime or not.3. The petitioner is the owner of a Tea Garden known as Mission Hill Tea Estate within the police station, Gorubathan, in the District of Darjeeling. He has stated that the laborers, who pluck tea leaf are known as pluckers and they get fixed rate of wages and dearness allowance as per the rate prevail...
Tag this Judgment!Narayan Dutta Vs. the State
Court: Kolkata
Decided on: Dec-13-1979
Reported in: 1980CriLJ264
Sudhindra Mohan Guha, J.1. The appellant was found guilty and convicted under Section 376/511 I. P. C. and sentenced to rigorous imprisonment for 5 years by Shri A.P. Bhattacharrya, the learned Assistant Sessions Judge, Nadia.2. On hearing the learned Advocates on both the sides and on going through the judgment and evidence on record we propose to accept the appeal. The prosecution case is founded on an improbable story and built up on conflicting, divergent and untrustworthy evidence.3. The F. I. R. Ext, 4 was lodged at 4.15 A. M. on 9-5-70 on the complaint, Ext. 3' of P. W. 1 Hashenara Bibi. It reveals' that she was the wife of Matabbar Rahaman, P, W. 2 and they were residents of Kajibari, Palpara, P. S. Chakdaha, Samiran, (P. W. 10) was the wife of her Bhasur Mozammal Haque, P. W. 3. Their mother-in-law Arjia Bibi (P. W. 4) also used to reside with them. The brick built house on north was purchased by one Harinarayan Banerji of Calcutta, The house generally remained vacant. But som...
Tag this Judgment!Miss Tashi Dorji Vs. Birendra Kumar Roy
Court: Kolkata
Decided on: Dec-12-1979
Reported in: AIR1980Cal51
D.C. Chakravorti, J.1. In this Rule the propriety of Order No. 36 dated March 31, 1979 made by the learned Judge, 4th Bench, City Civil Court, Calcutta, is challenged.2. The relevant facts stated succinctly are as follows :The opposite parties who were the landlords brought a suit for eviction against the petitioner on the ground that the petitioner defaulted in payment of rent since December, 1974. The suit was decreed ex parte on April 21, 1977. Thereafter the present petitioner made an application under Order IX Rule 13 of the Code of Civil Procedure (hereinafter referred to as the Code) for having the decree set aside on the ground of non-service of summons and for restoration of the said suit. An application for stay of the Title Execution Case No. 64 of 1977 arising out of the said ex parte decree was also made on behalf of the petitioner and the Court below by its order No. 19 dated February 25, 1978 directed the petitioner to deposit Rs. 709/-by February 27, 1978. The petitione...
Tag this Judgment!Tarak Das Ghosh Vs. Sunil Kumar Ghosh
Court: Kolkata
Decided on: Dec-12-1979
Reported in: AIR1980Cal53
ORDERD.C. Chakravorti, J.1. This Rule is directed against an order passed in an appeal from the decision of the learned Subordinate Judge, rendered in Misc. Case arising out of an application under Section 22 of the Hindu Succession Act, 1956 (hereinafter referred to as the said Act).2. The application under Section 22 of the said Act was made by the present petitioner on the following allegations :The disputed property originally belonged to Bhujonga Bhushon Ghosh and on his death it devolved upon his son namely, Tarak Das Ghosh, the present petitioner, his widow O. P. No. 4 and his daughters Opposite Parties Nos. 5 to 8. The said heirs of Bhujonga inherited the property in question as Class I heirs of his. Said Opposite Party No. 6 and said Opposite Party No. 4 on her own behalf and on behalf of her minor daughter Opposite Party No. 5 sold some land out of the said property for Rs. 2000/- to Opposite Party No. 3 on March 2, 1973 by Kobala (Ext. A). The said vendors also sold on the s...
Tag this Judgment!Sibapada Roy Chowdhury Vs. Sudhangsu Kumar Sen
Court: Kolkata
Decided on: Dec-12-1979
Reported in: AIR1980Cal90
ORDERD.C. Chakravorti, J.1. This Rule is directed against order No. 97 dated 27-1-79 made by the learned Munsif, 6th Court at Alipore on an application made by the tenant-judgment-debtor under Section 47 of the Code of Civil Procedure. By the said order the learned Munsif dismissed the Miscellaneous Case arising out of the said application under Section 47 of the Code of Civil Procedure.2. The facts leading to the present application, stated succinctly, are as follows :--Sometime in 1960, the decree-holder opposite Party No. 1 brought a suit for eviction against one Nalini Bhushan Roy Chowdhury, the predecessor-in-interest and the father of the petitioner and the opposite parties Nos. 2 to 4 on the grounds that said tenant defaulted in payment of rent since September 1958, that the plaintiff required the suit premises for his own use and occupation and for purposes of building and re-building and that the tenant sublet a portion without the knowledge and consent of the landlord. In Feb...
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