Kolkata Court May 1979 Judgments
Keshbendu Mohanto Vs. Sm. Bindubashini Sarkar
Court: Kolkata
Decided on: May-31-1979
Reported in: AIR1979Cal384
ORDERJyotirmoyee Nag, J.1. This Rule is directed against Order No. 42 dated 17-7-1978 passed by the learned Munsif at Sealdah, in Title Suit No. 442 of 1969. The Title Suit No. 442 of 1969 was decreed in part by the learned Munsif on 14-11-1972. In the said decree though the prayer for permanent injunction was granted, the prayer for mandatory injunction was rejected. Against the said judgment and decree, the plaintiff, opposite party preferred an appeal to the Court of the learned District Judge, Alipore. The said appeal which was numbered as Title Appeal No. 1196 of 1972 was heard by the learned Subordinate Judge, Sixth Court, Alipore, who was pleased to send back the suit on remand to the learned Munsif for re-hearing of the matter on certain specific points. The directions given in the judgment are as follows:--'The judgment and decree of the learned Munsif under appeal are hereby set aside. The suit goes back on remand to the learned Munsif for a rehearing in the light of what has...
Tag this Judgment!B.K. Bhowmick Vs. Princess Confectionery and ors.
Court: Kolkata
Decided on: May-30-1979
Reported in: 1979CriLJ1473
ORDERJyotirmoyee Nag, J. 1.This Rule is directed against an order No. 8 dated 4-7-1978 passed by learned Assistant Sessions Judge1, Alipore. The petitioner along with opposite parties Nos. 2 and 3 were prosecuted for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, read with Section 7 of the said Act for violation of the statutory provisions of the Prevention of Food Adulteration Act, 1954 before the learned Municipal Magistrate. The matter was considered exclusively triable by the Court of Session. The learned Magistrate sent the case to the Court of Session at Alipore and the learned Assistant Sessions Judge, heard the matter and fixed the date for consideration of charge, i.e. on 24-5-1978. On that date the learned Public Prosecutor in charge of the case filed an application for adjournment of the case and for causing an investigation to be made regarding the identity of the accused No. 3 -opposite party No. 3. It was alleged that she was not Ni...
Tag this Judgment!Sm. Lily Ghosh and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: May-28-1979
Reported in: AIR1979Cal329
M.M. Dutt, J.1. This appeal is at the instance of the referring claimants and it arises out of a reference case under Section 18 of the Land Acquisition Act, 1894.2. The appellants were the owners of the acquired land measuring 3 bighas 15 cottahs 2 chhataks 40 sq. ft. and appertaining to the municipal premises No. 109B, Ultadanga Main Road, Calcutta. The appellants were in need of money for paying off their debts due on account of the mortgage of the acquired land to the Sindu Family Annuity Ltd. The Refugee Rehabilitation Department of the Government of West Bengal was in need of land for the purpose of establishing a refugee market. The appellants approached the said Department offering to it to sell the acquired land. The Department agreed to purchase the acquired land and the market price was thereafter settled amicably at Rs. 1,600/- per cottah. It appears that it was also agreed between the parties that the Government would acquire the land so as to perfect its title, for admitt...
Tag this Judgment!Sm. Golapmoni Roy and ors. Vs. Nanigopal Roy and ors.
Court: Kolkata
Decided on: May-16-1979
Reported in: AIR1980Cal74,84CWN31
Sudhindra Mohan Guha, J.1. This Rule arises out of an order dated 3-5-75 passed by the learned Subordinate Judge, 5th Court, Alipore (24-Parganas) whereby he held that the payment of Court-fees of Rs. 15/- was sufficient and that the plaintiff need not pay the ad valorem Court-fee.2. The opposite party No. 1 as plaintiff instituted a title suit being T. S. No. 95 of 1970 in the 5th Court of the Subordinate Judge at Alipore against the petitioners and opposite parties Nos. 2 to 10 for a preliminary decree for partition in respect of the suit properties declaring his l/14th share therein upon a declaration that the deed of trust dated 10-2-50 executed by late Bhusan Chandra Bay Sardar was invalid, void and inoperative and did not affect the plaintiff's title and for partition by metes and bounds. It was pleaded that late Bhusan Chandra Ray Sardar, the predecessor-in-interest of the parties died on 23-5-68 and the plaintiff being the eldest son by the predeceased wife was entitled to l/14...
Tag this Judgment!Sm. Daya Moyee Sadhukhan Vs. Dal Singer Singh
Court: Kolkata
Decided on: May-15-1979
Reported in: AIR1979Cal332,83CWN663
M.M. Dutt, J.1. This appeal is at the instance of the plaintiff and it arises out of a suit for ejectment.2. The case of the plaintiff was that the defendant was a monthly tenant under the plaintiff in respect of the suit premises being premises No. 2/3, Commissariat Road, Calcutta-22, consisting of one big corrugated shed, one pucca room and vacant land measuring 7 cottahs at a rental of Rs. 270/- per month payable according to the English Calendar month. It was alleged that the defendant had illegally constructed 5 rooms with pucca roof and also two tiled-roofed rooms on the vacant land within the suit premises without the knowledge and consent of the plaintiff. The further case of the plaintiff was that the defendant had also demolished some portions of the boundary wall of the suit premises and constructed another room and sublet the same without the consent of the plaintiff, It was alleged that the defendant had constructed one latrine in front of the main gate without the consent...
Tag this Judgment!Sm. Sita Agarwalla and ors. Vs. Harrimally Currimbhai Lalji Sajan and ...
Court: Kolkata
Decided on: May-14-1979
Reported in: AIR1979Cal273,83CWN669
Sankar Prasad Mitra, C.J.1. On September 14, 1914, the lease in, respect of the suit land (13 Bighas 8 Cot-tas and 13 Sq. Ft.) was executed by the predecessor-in-interest of the parties for a period of 15 years commencing from the 1st Ashar, 1321 B.S. with option for renewal for another 10 years.2. On May 28, 1940, the appellant filed a suit for ejectment after expiry of the original term and the renewed term and for recovery of arrears of rent and mesne profits in the appropriate Court.3. On the 30th May, 1940 the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act IX of 1940 came into force.4. On March 28, 1941, the trial court dismissed the plaintiff's claim for ejectment but only granted a decree for rents.5. The plaintiff preferred an appeal. This was T. A. No. 210 of 1941 in the Subordinate Judge's Court at Alipore. On the 12th January, 1942, the Second Additional Subordinate Judge, Alipore, allowed the appeal granting a decree for ejectment and confirming the decree for r...
Tag this Judgment!Commissioner of Income-tax Vs. Anglo-Indian Jute Mills Co. Ltd.
Court: Kolkata
Decided on: May-11-1979
Reported in: [1980]124ITR384(Cal)
C.K. Banerji, J.1. This reference arises out of the income-tax assessment of Anglo-Indian Jute Mills Co. Ltd., the assessee, for the assessment year 1962-63, for which the relevant previous year ended on the 31st March, 1962.2. The facts found and/or admitted in the proceedings are as follows :3. The assessee is a limited company and carries on business of manufacture and sale of jute goods. Before the ITO the assessee claimed deduction of Rs. 2,54,064 paid by it for purchase of loom hours, as business expenditure. It also claimed set off of Rs. 11,50,000 received by it from M/s. Tolaram Prakash Chand on settlement of the assessee's claim for damages for breach of certain transferable specific delivery contracts against speculative losses suffered by the assessee on settlement of certain other transferable specific delivery contracts. The ITO rejected both the said claims of the assessee.4. The assessee had on the 12th March, 1962, estimated and paid advance tax of Rs. 5,60,000 on the ...
Tag this Judgment!Dwarka Prasad Bajaj Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: May-10-1979
Reported in: [1980]126ITR219(Cal)
Dipak Kumar Sen, J. 1. In this application of Dwarka Prasad Bajaj, the assessee, made in the above reference a rule nisi was issued calling upon the Commissioner, West Bengal-I, to show cause why the amount of tax in dispute in respect of the assessment years 1967-68 and 1970-71 which are the subject-matter of Certificate Cases Nos. 347/TR-ASL/74-75, No. 321/ TR-ASL/75-76, No. 346/TR-ASL/74-75 and 2987/TR-ASL/72-73 and the notice for settling a sale proclamation dated the 14th September, 1978, issued by the TRO, Asansol, should not be stayed till the disposal of the above reference. Pending the dispasal of the rule the Commissioner and the TRO, their servants and agents were restrained from giving any effect to and/or taking any steps whatsoever in pursuance of the said certificate cases and the said notice for settlement of sale proclamation. The TRO was farther restrained from realising the disputed amounts of tax in respect of the said assessment years during the pendency of this ap...
Tag this Judgment!Kishori Mohan Guchhait Vs. Sri Apurba Baran Mondal
Court: Kolkata
Decided on: May-10-1979
Reported in: 1979CriLJ1099
ORDERMonoj Kumar Mukherjee J.1. This Rule is directed against an order passed by the Sub-divisional Judicial Magistrate, Tamluk dismissing the complaint of the petitioner for want of sanction required under Section 197 of the Cr. P.C. (hereinafter referred to as the Code).2. The petitioner filed the complaint under Section 500 of the I.P.C. against the opposite party, who at the material time was the Block Development Officer, Mahisadal-I. In his complaint the petitioner stated that the opposite party married the cousin of one Kalpataru Das, the then Veterinary Surgeon of Mahisadal-I who had his office and quarter in the village Nandakumar, wherein also the petitioner resides. Case and counter case are pending between Kalpataru Das and the petitioner and his sons over some alleged incidents of assault on April 23, 1976. On May 17, 1976 the accused sent a report to the Sub-divisional Magistrate, Tamluk for taking action against the petitioner and his sons under Section 107 of the Code. ...
Tag this Judgment!Satcowrie Dass and Co. Vs. Commissioner of Commercial Taxes
Court: Kolkata
Decided on: May-08-1979
Reported in: [1979]44STC337(Cal)
Dipak Kumar Sen, J.1. This reference arises out of the assessment of Satcowrie Dass & Co., a dealer, to sales tax for the four quarters ended on 27th April, 1960. The dispute concerns transaction in goods of the Union Carbide (India) Ltd. The Commercial Tax Officer concerned found that the Union Carbide (India) Ltd. despatched its goods direct to customers outside West Bengal. The bills drawn on such customers and the relevant railway receipts were forwarded to the dealer, who paid the amounts of the bills to the Union Carbide (India) Ltd. The railway receipts were thereafter endorsed by the dealer and the copies of bills of the Union Carbide (India) Ltd. with similar bills made out by the dealer were issued on the customers. Payments were received by the dealer through bank. The relevant C forms, if any, were sent by such customers direct to the Union Carbide (India) Ltd. The Commercial Tax Officer also noted that the auditors of the dealer treated such transactions to be sales effect...
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