Kolkata Court March 1980 Judgments
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In Re: United Provinces Commercial Corporation (In Liquidation)
Court: Kolkata
Decided on: Mar-21-1980
Reported in: [1983]53CompCas441(Cal)
Salil K. Roy Chowdhury, J. 1. This is an application under Section 446(3) by the official liquidator for the transfer of a series of suits which were filed by the Union of India against the company in liquidation in the Delhi High Court before the winding-up order of the company was passed on 4th June, 1968. The said suits are pending in the Delhi High Court, being 23 suits numbered 530 to 552 of 1967. 2. The company now in liquidation has attained a notoriety in respect of the road roller business which came up before Parliament and in the course of administration of the company in liquidation the mattercame up before me from time to time and, in fact, the official liquidator in the course of liquidation has come to know for the first time about the said various suits and legal proceedings by or against the company including a suit being Suit No. 2028 of 1978 filed by the company on or about 1st September, 1967, before this High Court against the Union of India. The said suit involved...
Sk. Abdur Karim Vs. the State and ors.
Court: Kolkata
Decided on: Mar-21-1980
Reported in: 1981CriLJ219
ORDERJyotirmoyee Nag, J.1. This Rule is directed against an order being Order No. 23 dated June 25, 1979, passed by the learned Additional Sessions Judge, Second Court, Murshidabad in Sessions Case No. 170 of 1977. The accused opp. parties were charged under Section 307 read with Section 34 of the Indian Penal Code and one of the accused was charged under Section 323 of the Indian Penal Code separately. There was also a charge under Section 6(3) of the Indian Explosives Act against all the accused persons. As the offences are sessions triable the accused persons were committed to the court of session by the learned Magistrate. After the charges were framed in the Sessions Court an application was made by the learned Public Prosecutor under Section 321 of the Code of Criminal Procedure for permission to withdraw the case against the accused persons. The application made by the learned Public Prosecutor in charge of the case was to the following effect. 'That, being instructed by my clie...
income-tax Officer, I-ward and ors. Vs. A.R. Private Ltd.
Court: Kolkata
Decided on: Mar-20-1980
Reported in: [1980]125ITR177(Cal)
M.M. Dutt, J.1. In these three appeals, the revenue is the appellant and it has challenged the propriety of the judgment of A. K. Mookerjee J., making the rules nisi obtained by the respondent on its application under Article 226 of the Constitution, absolute.2. The respondent challenged the legality of three notices issued by the ITO under Section 148 of the I.T. Act, 1961, relating to the assessment years 1959-60, 1960-61 and 1961-62. The ITO sought to reopen the proceedings for those years alleging that he had reasons to believe that the income of the respondent had escaped assessment due to the omission or failure on the part of the respondent to disclose fully and truly all material facts necessary for the assessment of its income for the relevant assessment years. The reasons that were recorded by the ITO are set out below:'In the course of assessment proceedings for 1962-63, it is found during the year of account the assessee introduced various cash credits in its books of accou...
In Re: Wastinghouse Saxby Farmer Ltd.
Court: Kolkata
Decided on: Mar-18-1980
Reported in: [1982]52CompCas479(Cal)
Salil K. Roy Chowdhury, J. 1. This is a winding-up petition which was presented on the 20th December, 1979. On the returnable date, a notice was directed to be served along with the copy of the petition on the company. The company appeared and took leave to file an affidavit to showCause why the winding-up petition should not be admitted and the petitioning creditor also took leave to file an affidavit in reply.2. The petitioning-creditor's claim arises out of the price of goods sold and delivered pursuant to the various orders placed by the company bet-been 22nd September, 1977 and 25th March, 1978, for various quantities of steel sections at agreed rates. Pursuant to the said orders, the petitioning-creditor duly submitted the bills along with the receipted challans to the company-particulars of which are set out in para. 8 of the petition. It appears that the company accepted the said goods and the bills in respect of the same without any objection and the total amount of the bills ...
Nathmal Lal Chand Vs. Bharat Jute Mills Ltd. and ors.
Court: Kolkata
Decided on: Mar-17-1980
Reported in: [1983]53CompCas392(Cal)
Salil K. Roy Chowdhury, J.1. This is an application under Section 392(2) of the Companies Act, 1956, for further modification of the first scheme of compromise as sanctioned by the order dated 8th December, 1958, and a second scheme of compromise as sanctioned by the order dated 8th October, 1969, and for a suitable provision to be made for the payment of the dues of all the unsecured creditors of the respondent-company, being Bharat Jute Mills Ltd., by respondent No. 4, West Bengal State Textile Corporation Ltd., to the respondent-trustees, being respondents Nos. 2(a), (b) and (c), and for other consequential reliefs.2. The relevant facts which are admitted for the purpose of this application are, that the company, Bharat Jute Mills Ltd., having its registered office at No. 29, Strand Road, Calcutta, was incorporated in or about 20th Dec. 1934, as a public limited company. The said jute mill was floated by Sri Ala Mohan Das and is one of the very old jute mills in the State of West Be...
Rural Transport Service Vs. Bezlum Bibi and ors.
Court: Kolkata
Decided on: Mar-14-1980
Reported in: AIR1980Cal165,84CWN616
Anil K. Sen, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act (Act IV of 1939) (hereinafter referred to as the said Act) and is directed against an award dated January 3, 1974, passed by the Motor Vehicles Accident Claims Tribunal, Burdwan, in Acci-(Sent Claim Case No. 72 of 1969. The appeal raises a short but an importantpoint as to whether contributory negligence on the part of the deceased on whose death in the accident the claim is put forward would defeat the claim. The facts are not much in dispute and are shortly set out as hereunder.2. On October 28, 1969 one Taher Seikh son of late Isu Seikh boarded a bus run by the appellant on the route Burdwan to Nasigram via Khetia and Bhatar. He boarded at Khetia and was proceeding to Bhatar. Since the bus was overcrowded the deceased Taher Seikh along with other passengers got on to the roof of the bus as there was no accommodation available inside the bus. He took his seat on the right side. Unfortunately for him wh...
Commissioner of Income-tax Vs. Ganpatrai Sagarmall
Court: Kolkata
Decided on: Mar-13-1980
Reported in: [1980]125ITR334(Cal)
Deb, J.1. This is a reference under Section 256(1) of the I.T. Act, 1961. The assessment years are 1971-72 and 1972-73.2. The assessee is a firm and carries on business at Calcutta. The partners of the assessee-firm are the settlors of a charitable trust known as ' Ganpatrai Sagarmall Charitable Trust '. Those partners and two other persons are the trustees of the aforesaid trust.3. In the assessment proceedings for the aforesaid years, the assessee claimed that Rs. 16,457 and Rs. 13,880, respectively, were not assessable in its hands on the ground that the aforesaid amounts were the income of the aforesaid trust from a house property at premises No. 37/1, Jatindra Mohan Avenue, Calcutta.4. In an earlier reference this court was of the opinion that the settlors did not transfer the trust property to the trustees and that the income of the aforesaid property was assessable in the hands of the assessee. In view of that judgment, a deed of declaration and confirmation of trust dated 26th ...
Commissioner of Income-tax Vs. Shalimar Rope Works P. Ltd.
Court: Kolkata
Decided on: Mar-12-1980
Reported in: [1980]125ITR331(Cal)
Deb, J.1. This is a reference under Section 256(1) of the I.T. Act, 1961. The assessment year is 1971-72. The relevant accounting year ended on 30th of June, 1970.2. The ITO allowed the development rebate under Clause (B)(i) of Section 33(1)(b) of the I.T. Act, 1961, on plant and machinery which were installed and used by the assessee in the accounting year relevant to the assessment year under reference.3. The Addl. Commissioner was of opinion that the development rebate was erroneously allowed and it was also prejudicial to the interests of the revenue. He, therefore, gave an opportunity to the assessee of being heard.4. The assessee contended that the ITO was justified in allowing the development rebate as the plant and machinery were installed by the assessee for the purposes of manufacturing and producing jute ropes and jute twines.5. The Commissioner rejected the argument with a finding that the plant and machinery could not be regarded as installed for the purposes of business o...
Union of India (Uoi) Vs. Linotype and Machinery Co. Ltd.
Court: Kolkata
Decided on: Mar-10-1980
Reported in: AIR1981Cal103
A.N. Sen, C.J. 1. This is an application for grant of certificate under Article 133(1) of the Constitution to enable the appellant to prefer an appeal to the Supreme Court against the judgment passed by the Division Bench on the lift of Apr., 1976 and 12th April, 1976. 2. The facts of the case and the arguments which were advanced before the Court have been fully set out in the judgment of the Division Bench. 3. The Director of Enforcement held that the respondent company was guilty of contravening the provisions of Section 4(1) of the Foreign Exchange Regulation Act, 1947 (hereinafter referred to as the said Act) read with Central Government Notification No. FI (67)-EC/57, dated 25th Sep., 1956 and imposed on the respondent company a penalty of Rs. 50,000/- and the Director by his order further directed the company to repatriate the foreign exchange which formed the subject-matter of the proceedings before the Director through authorised channels. Against the order of Director of Enfo...
The Hong Kong and Sanghai Banking Corporation Vs. Life Insurance Corpo ...
Court: Kolkata
Decided on: Mar-06-1980
Reported in: AIR1980Cal266
B.C. Chakrabarti, J.1. This revisional application which has been heard on notice to the Opposite Parties, is directed against an order dated July 3, 1979 passed in T. Ex. Case No. 17 of 1975 of the 2nd Court of learned Sub-Judge at Alipore.2. Facts leading to the impugned order are not very much in dispute and may be briefly stated thus :The plaintiff-opposite party No. 1 instituted T. S. No. 40 of 1960 of the 2nd Court of Sub-Judge at Alipore against Opposite Party No. 2 Sabitri Debi Jhajaria and Nanda Kishore Jhajaria predecessor in interest of Opposite Parries 3 to 9 for a sum of Rs. 3,98,402.74P. due on account of mortgage and interest, for a declaration that premises No. 12 Sunny Park, Calcutta was validly mortgaged to the plaintiffs dues and for usual mortgage decree under Order 34 of the Civil P. C. with ancillary reliefs. The petitioner Hong Kong and Shanghai Banking Corporation was impleaded in the said suit as a second mortgagee of the suit property. The petitioner filed a w...
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