Kolkata Court July 1979 Judgments

Sambhunath Chakravarty Vs. Sm. Sushama Sinha

Court: Kolkata

Reported in: AIR1980Cal5

Salil Kumar Datta, J.1. This is an appeal against a judgment and decree of reversal. The plaintiff instituted the suit on April 11,1968 alleging that her husband required a sum of Rs. 4,500 at the material time and to obtain the amount she entered into a contract of loan with the defendant for the said amount against conveyance to him of two properties one for Rs. 1,000 and the other for Rs. 3,500 on condition that if the amounts were repaid within Chaitra 1374 B. S. the defendant would reconvey the properties to her Accordingly the plaintiff executed a kobala on Magh 18, 1373 B. S. February 1, 1967, conveying one of the properties to him for Rs. 1,000. There was also another kobala whereby the plaintiff conveyed other property to the defendant for Rs. 3,500. On the same day there were two agreements executed by the defendant and duly registered whereby the defendant agreed to reconvey the properties to her under terms stated above. The plaintiff's case is that she tendered the amount ...

income-tax Officer and ors. Vs. Azizul Haque and ors.

Court: Kolkata

Reported in: 84CWN83,[1980]121ITR241(Cal)

Sankar Prasad Mitra, C.J. 1. This is an appeal from a judgment which Mr. Justice B. C. Mitra had delivered on the 14th March, 1966, on an application under Article 226 of the Constitution seeking appropriate writs for cancelling, rescinding, withdrawing and commanding the revenue authorities concerned to forbear from giving effect to certain notices dated February 20, I960, issued under Section 34(1)(a) of the Indian I. T. Act, 1922. 2. The respondents are the legal representatives of one Md. Safiulla who died on March 23, 1953. The deceased owned several houses and other properties at Tinsukia in Assam and was assessed under the Indian I.T. Act, 1922, at Dibrugarh. 3. On December 24, 1954, the ITO, Dibrugarh, issued several notices under Section 34(1A) of the Act on some of the heirs and legal representatives of the deceased on the ground that there was reason to believe that incomes for the years 1940-41 to 1947-48 had escaped assessment. The persons who were served with these notice...

Promode Kumar Ghosh and ors. Vs. the Calcutta Electric Supply Corporat ...

Court: Kolkata

Reported in: AIR1979Cal380

Sudhindra Mohan Guha, J.1. This Rule at the instance of the plaintiff-petitioner arises out of order No. 77, dated 22nd February, 1978 passed by Shri A.K. Das Gupta, the learned Subordinate Judge, 4th Court, Alipore in T. S. No. 121 of 1968, whereby he held that the suit should be valued under Section 7(vi) of the Court-fees Act.2. Earlier the plaintiff-petitioner came to this Court in revision being Civil Rule No. 628 of 1970 against certain orders of the learned Subordinate Judge. While discharging the revision a Division Bench of this Court gave out certain directions to decidethe issue as to the value and court-fees namely, the issue No. 1. It was further observed by their Lordships that in their view the suit was governed by the provision of Section 7(vi) of the Court-fees Act.3. The petitioner then went in appeal by special leave to the Supreme Court.4. Their Lordships of the Supreme Court while disposing the appeal observe that they refrain from making any observations on the me...

Hundraj Mariwalla Vs. Additional District Magistrate (L.R.) and ors.

Court: Kolkata

Reported in: AIR1980Cal3

ORDERDipak Kumar Sen, J.1. Hundraj Mariwalla, the petitioner, herein carries on the business of manufacturing of bricks. For such manufacture the petitioner obtains ordinary earth from 4.22 acres of land under different plots under different khatians in Mouza Kumrakhali, P.S. Sonarpur, Dist. 24-Parganas. In 1969 the petitioner obtained a permit from the Additional District Magistrate, 24-Parganas for digging and using earth from the said lands for manufacturing; bricks, which has since been successively renewed. The final renewal was up to the 31st March 1975. One of the terms of the said permit is as follows: --'The Raiyat shall not himself, or permit any person to quarry or dig or use any earth or clay from his land except under a lease granted under the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957).'2. On the 21st May 1971 the Additional District Magistrate served a notice on the petitioner directing him to take out a mining lease under the West Beng...

Sailendra Nath Ray Vs. State of West Bengal

Court: Kolkata

Reported in: AIR1980Cal13

ORDERDipak Kumar Sen, J. 1. Sailendra Nath Roy, the petitioner in these proceedings seeks to impugn two orders in respect of the petitioner's land under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 both dated the 31st July, 1975.2. It is recorded in the said order that the purpose of the proposed acquisition is 'maintaining supplies and services essential to the life of the community or for providing proper facilities for transport or communication.'3. The lands of the petitioner which are proposed to be acquired are plot No. 10172 measuring .089 acres, plot No. 10174 measuring .260 acres and .083 acres of plot No. 10178 the last under the description 'eastern portion'. In the other order the land of the petitioner proposed to be acquired is plot No. 10173 measuring .030 acres.4. The petitioner contends that (a) The proposed acquisition is void and illegal inasmuch as Diamond Harbour Road for the widening of which the said land was sought to be acquired was...

Octavious Steel Co. Ltd. Vs. Endogram Tea Co. Ltd.

Court: Kolkata

Reported in: AIR1980Cal83

ORDERPratibha Bonnerjea, J. 1. On 21-6-79, the defendant tried to prove certain documents contained in a file through its witness Mr. Balsubramanium. The witness could only prove the signatures, appearing in the documents and frankly admitted that he had nothing to do with this file. The evidence of this witness is that the Controller of Capital Issues has two branches. CCI (i) and CCI (ii). This CC (ii) deals with the valuation of assets and shares and this file belongs to CCI (ii). This file was caused to be produced under subpoena by the defendant from the custody of C.B.I. The first three sheets of the file have been marked Exts. 120-A, 120-B and 120-C subject to objection. But serious objections were taken by the plaintiff when Mr. Bhabra, the counsel for the defendant, stated thathe would like to tender 13 documents in this manner. The counsel for the plaintiff objected on the ground that the contents of Exts. 120-A, 120-B and 120-C could not be proved by the witness. Only the si...

Baneswar Pal Vs. Smt. Nirmala Jyoti

Court: Kolkata

Reported in: AIR1979Cal396

D.C. Chakravorti, J.1. This appeal is from the judgment and decree dated July 20, 1972 passed by the learned Subordinate Judge, Third Court at Howrah affirming those passed by the learned Munsif, Third Court at Howrah.2. The plaintiff-respondent brought a suit for eviction of the defendant-appellant and for recovery of arrear rents and mesne profits from him on the following allegations:Nagen Pal, the father of the present appellant was a tenant in respect of the suit land under the plaintiff under a registered deed of lease for a fixed period of 14 years commencing from the month of November 1953 and terminating on the expiry of the month of October 1967. Under the terms of the aforesaid lease the lessee was to vacate the suit premises on the expiry of the aforesaid period without any notice. As the lessee did not so vacate the land the lessor by a lawyer's letter asked the lessee to vacate on the expiry of the month of November 1967. This was not complied with. The original lessee, s...

Reyrolle Burn Limited Vs. E.S.i.C. and anr.

Court: Kolkata

ORDERChittatosh Mookerjee, J.1. The petitioner-company at the material time had a factory at No. 99, Dr. Abani Dutta Road, Howrah. It is undisputed that the Employees' State Insurance Act, 1948 (hereinafter called the said Act) applied to the said factory of the petitioner and the persons employed therein were 'employees' as defined by Section 2(9) of the said Act. The petitioner has claimed that it had been regularly depositing contributions in respect of the 'wages' paid to the said employees in accordance with the provisions of the Employees' State Insurance Act.2. On June 8,1970 there was a Memorandum of Settlement between the petitioner-company and its workmen for resolving outstanding disputes. The Concilliation Officer, Government of West Bengal also signed the said Memorandum of Settlement. It is not necessary for the present purpose to refer to the terms of the said settlement relating to grade, scales of pay, dearness allowance, etc. The Term No. 54 of the said settlement pro...

Manindra Nath Das Vs. Public Prosecutor

Court: Kolkata

Reported in: 1979CriLJ1465

ORDERJyotirmoyee Nag, J.1. This Rule is directed against a proceeding being Case No. C/1430 of 1976, now pending in the Court of the learned Sub-Divisional Judicial Magistrate, 3rd Court, Asansol. The petitioners have prayed for quashing this proceeding and certain grounds have been urged in support of the same. Before dealing with these grounds, I may state the facts of the case in a nutshell. On 15th October, 1971, the learned Public Prosecutor, Burdwan, filed a petition of complaint against the petitioners, alleging that during inspection held on 15th December, 1970, of the shop of the petitioners named and styled as M/s. N.C. Daw & Co. at Raniganj, Burdwan of which the petitioner No. 1 is the licensee and the petitioner No. 2 is an employee of the petitioner No. 1; two revolvers, one noted in the stock register and another in the repairing register could not be produced on demand and further 99 pistol cartridges and 486 gun cartridges were found short on verification of stocks and ...

Bank of Tokyo Ltd. Vs. Soorajmull Nagarmull and ors.

Court: Kolkata

Reported in: AIR1980Cal118

ORDERPadma Khastgir, J.1. This application has been taken out by Bank of Tokyo Limited against Soorajmull Nagarmull, a firm, being defendant No. 1 and the other defendants as the partners of the said firm,2. The facts of this case shortly are that the defendant No. 1 had pledged with the plaintiff's Bank 90,000 stock of Bombay Gas. Company contained in Stock Certificate No. 235; 15,000 shares in Asiatic Textiles Company Limited; 6,000 shares in Coochbehar Trading Company Private Limited; 4,500 in the Haldibari Jute Company Private Limited; 7,200/- in Rajasthan Investment Company Private Limited; & 7,008 in Oriental Trading Company Private Limited. A suit for dissolution of partnership was filed in this High Court being Suit No. 1886 of 1963 on 22nd of October, 1963 and an ad interim order was passed restraining the parties from transferring, selling or dealing with the said shares save and except in the usual course of business. On May 4, 1967 the said order was confirmed. Thereafter i...