Kolkata Court February 1979 Judgments
Ganga Properties Vs. Income-tax Officer
Court: Kolkata
Decided on: Feb-26-1979
Reported in: [1979]118ITR447(Cal)
Deb, J.1. This rule under Article 226 of the Constitution is directed against the notice dated November 23, 1974, issued by the respondent No. 4, the Commissioner of Income-tax, under Section 263 of the I.T. Act, 1961, for the assessment year 1971-72.2. The petitioner No. 1 is an existing company within the meaning of the Companies Act, 1956. Before the 1st January, 1954, petitioner No. 1became the owner of the lands situated at 62/5, Ballygunge Circular Road, Calcutta.3. During the previous year relevant to the assessment year, petitioner No. 1 sold a major portion of the aforesaid lands to different persons for a total sum of Rs. 7,51,512 and in its return of income declared the aforesaid amount as the full value of the consideration received by it for the purposes of computation of the capital gains.4. In the course of assessment proceedings respondent No. 1, the ITO, referred the valuation to the Valuation Officer under Section 55A of the I.T. Act, 1961, and thereafter in the asses...
Tag this Judgment!Subhkaran Chowdhury and Others Vs. Inspecting Assistant Commissioner o ...
Court: Kolkata
Decided on: Feb-26-1979
Reported in: [1979]118ITR777(Cal)
SABYASACHI MUKHARJI J. - In this application, under art. 226 of the Constitution, the petitioners who claim to be the purchasers of premises No. 5, Narayan Prosad Babu Lane, Calcutta, at a price of Rs. 1,35,000, challenge the proceedings initiated under s. 269D(1) of the I.T. Act, 1961, for the acquisition of the said premises and notices issued thereunder. It appears that the petitioners had entered into an agreement with one Omrao Devi Tulsan for purchase of premises No. 5, Narayan Prosad Babu Lane, Calcutta, for a sum of sum of Rs. 1,35,000. The agreement was entered into on 14th July, 1972. On the 15th July, 1972, the petitioners had paid a sum of Rs. 15,000 by cheque as earnest money. On the 8th September, 1972, Sri S. K. Das Gupta had valued the said property at Rs. 1,32,000 on rental method as the said property was fully tenanted. On the 15th November, 1972, the petitioners registered the deed of conveyance in respect of the said property and obtained possession from the vendors...
Tag this Judgment!Sisir Kumar Chowdhury Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-23-1979
Reported in: (1981)IILLJ94Cal
ORDERWhereas you, Sisir Kumar Chowdhury, Project Officer, Industries Project, Malda entered Government service before attaining the age of thirty-five years;And whereas you have already attained the age of fifty years.And whereas the Governor being the appointing authority in respect of your service under the Government, is of the opinion that it is in the public interest so to do;Now therefore, in exercise of the power-conferred by Sub-rule (aa) of rule 75 of the West Bengal Service Rules, Part I, the Governor retires you, Shri Sisir Kumar Chowdhuri, from Government service with effect from the 1st day of April, 1976.8. The petitioner has challenged the said order in this writ petition.9. The petitioner has made various personal allegations against the respondent No. 2 including corruption, conspiracy with political parties, diverse criminal activities such as theft, embezzlement, of Government funds interpolations in books and records through his proteges substantial part whereof wer...
Tag this Judgment!Sushil Kumar Mondal and anr. Vs. S.K. Guljar and ors.
Court: Kolkata
Decided on: Feb-22-1979
Reported in: AIR1979Cal265
ORDERG.N. Ray, J.1. This Rule is directed against Order No. 21 dated 14-6-1977 passed by the learned Munsif, 5th Court, Alipore, in Title Suit No. 448 of 1974. The petitioners are the plaintiffs in the said title suit and the aforesaid suit was filed by the petitioners for ejectments of their tenant Md. Khalil on the ground of default and subletting. The said suit was instituted on the 21st Sept. 1974. During the pendency of the said suit on the 22nd June, 1975, Md. Khalil died. On 11th Sept. 1975, within 90 days from the date of death of Md. Khalil, the plaintiffs made an application for substitution of two of his heirs namely, Sk. Gulzar and Abdul Wadood. On 10th Nov. 1975, another supplementary petition was filed by the plaintiffs for substitution of the remaining heirs of Md. Khalil who were not impleaded in the earlier application dated 11th Sept. 197.1 It appears that on 22nd March, 1976, both the said two petitions for substitution were heard ex parte and were allowed. It appear...
Tag this Judgment!Debi Jhora Tea Co. Ltd. Vs. Barendra Krishna Bhowmick and ors.
Court: Kolkata
Decided on: Feb-22-1979
Reported in: [1980]50CompCas771(Cal)
Ghose, J.1. This application has been made in the appeal that is now pending from an order made in an application under Sections 397, 398, 402, 403 and 406 of the Companies Act, 1956, in the Company Petition No. 392 of 1975. The said company petition was made in regard to the affairs of Debijhora Tea Company Ltd. (hereinafter referred to as the ' said company') and was disposed of by the judgment and order passed by Salil K. Roy Chowdhury J. on March 31, 1977.2. In the interlocutory application made in the appeal for stay of the said order under appeal, dated March 31, 1977, passed by Salil K. Roy Chowdhury J., superseding the board of directors of the company and appointing Mr. T, P. Das as special officer, the appeal court on April 6, 1977, passed, inter alia, the following orders :' The Court: The order of the learned trial judge will remain stayed subject to the following modifications : 1. The special officer, Mr. T.P. Das, appointed by the learned trial judge at the remuneration ...
Tag this Judgment!Life Insurance Corpn. of India Vs. Samarendra Nath Roy
Court: Kolkata
Decided on: Feb-20-1979
Reported in: AIR1979Cal243
M.M. Dutt, J.1. This Rule was issued at the instance of the Life Insurance Corporation of India and it is directed against order dated May 23, 1978 of the Second Subordinate Judge, Alipore.2. The Calcutta Insurance Company Limited instituted a suit for mortgage for the realisation of a sum of Rs. 30,000/- advanced by it to the opposite party Samarendra Nath Roy with interest at the rate 7% per annum with quarterly rests as provided in the Mortgage Bond dated Aug. 8, 1947. The suit was eventually decreed on compromise in accordance with the terms embodied in the joint petition of compromise. The terms are as follows :'(a) The plaintiffs do get a final mortgage decree for sale for full amount as claimed with interest at the bond-rate i.e. at 7 per cent per annum with quarterly rests till date and with cost on ex parte scale, such cost not exceeding Rs. 2,100/- and the said entire amount shall carry interest at the bond-rate until actual realisation,(b) The defendant shall pay the interes...
Tag this Judgment!Union of India (Uoi) Vs. Shankar Narayan Gupta
Court: Kolkata
Decided on: Feb-19-1979
Reported in: AIR1979Cal185,83CWN651
M.M. Dutt, J.1. This appeal is at the instance of the Union of India and it arises out of a suit for ejectment.2. The case of the plaintiff was that the. Premises No. 5, Middleton Street, Calcutta was taken on lease by the defendant Union of India at a monthly rental of Rs. 4,000/-. The plaintiff determined the tenancy of the Union of India by, the service of a notice to quit under Section 106, of the Transfer of Property Act. The suit was instituted by the plaintiff after service of a notice under Section 80 of the Code of Civil Procedure. It was alleged by the plaintiff that the defendant failed to make essential repairs to the suit premises. Further, it was alleged that the plaintiff required the suit premises for his own use and occupation.3. The suit was contested by the defendant by a written statement inter alia denying therein the allegations of the plaintiff as to the suit premises having fallen into disrepairs and the plaintiff's requirement of the suit premises. It was conte...
Tag this Judgment!Food Corporation of India and ors. Vs. Sunil Krishna Samanta
Court: Kolkata
Decided on: Feb-16-1979
Reported in: AIR1979Cal193
B.C. Chakrabarti, J.1. This Rule at the instance of Food Corporation of India and two others is directed against Order No. 97 dated 21-1-1978 passed by the learned Subordinate Judge, 1st Court, Howrah in Misc. Case No. 87 of 1975 dismissing an application of the petitioners under Section 5 of the Arbitration Act, read with Section 151 of the Code of Civil Procedure and raises a short question namely whether in the given facts of the case, application of Section 8(1) of the Arbitration Act is ruled out.2. Facts relevant for appreciation of the point urged are not in dispute. The opposite party Sunil Krishna Samanta had been carrying on business of storing of food grains belonging to the Food Corporation of India (hereinafter called F.C.I.) and entered into an agreement with the F.C.I. The agreement contained an arbitration clause. Clause 41 of the agreement provides that all disputes and differences arising out of or touching or concerning the agreement shall be referred to the sole arb...
Tag this Judgment!A.S. Mallick and ors. Vs. Board of Trustees for the Port of Calcutta a ...
Court: Kolkata
Decided on: Feb-16-1979
Reported in: AIR1979Cal268,1979(1)CHN220,(1979)1CompLJ248(Cal)
Anil K. Sen, J.1. These are the two re-visional applications arising out of one and the same execution case being Title Execution Case No. 1 of 1978 of the 6th Court of the learned Subordinate Judge at Alipore which have been heard on 'contest analogously. The petitioners are the objectors whose objections under Section 47 of the Code of Civil Procedure had been dismissed. To appreciate the real issue involved in the dispute between the parties it would be necessary to refer to certain facts which may shortly be set out as follows:Engineers Syndicate (India) Private Limited took lease of a plot of land situated on the northern side of Taratala Road, P. S. Garden Reach, District, 24 Parganas (hereinafter referred to as the suit land) from the admitted owners thereof, namely, the Commissioners for the Port of Calcutta (since re-designated as Board of Trutees for the Port of Calcutta). Engineers Syndicate defaulted in payment of rent and the Trustees for the Port of Calcutta instituted Ti...
Tag this Judgment!Mrs. Eileen Patrtees D' Roseire Vs. Kumar Jagadish Chandra Singha and ...
Court: Kolkata
Decided on: Feb-16-1979
Reported in: AIR1979Cal286,1979(1)CHN186,(1979)1CompLJ286(Cal),83CWN595
Anil K. Sen, J.1. This Rule had been issued on an application under Section 5 of the Limitation Act, filed by the defendant/appellant.2. The appellant was the defendant in a suit for eviction instituted by the opposite parties. She was sought to be evicted from premises No. 70, Lindsay Street, Calcutta, on the ground that the said premises were originally let out to one Mrs. Sira Manen who died on Aug. 12. 1970, and since then the defendant/ appellant had been in wrongful occupation of the said premises as a trespasser. The defendant/appellant filed a written statement in contesting the said suit and claimed herself to be the daughter of late Mrs. Sira Manen and to have inherited the tenancy on her death. The suit which was filed in the year 1972 was taken up for hearing in presence of the parties on May 11, 1976. It was heard in part on that day and on 3 other cotes when the witnesses for the plaintiff were examined and the defendant herself was examined in part. At that stage the sui...
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