Kolkata Court July 1981 Judgments
Indian Dairy Corporation Vs. Lasco
Court: Kolkata
Decided on: Jul-31-1981
Reported in: AIR1982Cal96
ORDERSalil Kumar Roy Chowdhury, J.1. This is an application under Section 20 of the Arbitration Act, 1940, for filing the arbitration agreement dated 18th/23rd of Oct., 1979 and for order of reference of the dispute to the Arbitrator in terms of the arbitration agreement and consequential reliefs.2. By a letter dated 19th/23rd of Oct. 1979, the plaintiff/petitioner appointed the defendant/respondent purely on a temporary basis for a period of three months as the Clearing Agent at Calcutta for clearance of imported cargo improvement and local transportation jobs and other related items of works as set out in the said letter and also in paragraph 3 and sub-paragraphs thereof in the petition. Pursuant to the said agreement the defendant/respondent and the plaintiff/petitioner started acting as only Clearing Agent of the Calcutta Port on and from 1st of Nov. 1979, till 15th of Dec. 1980 as the terms were extended from time to time. During the period the defendant/respondent acted as the Cl...
Tag this Judgment!Dalbir Singh Vs. Sakaw Industries Private Ltd.
Court: Kolkata
Decided on: Jul-31-1981
Reported in: [1983]54CompCas359(Cal)
Sabyasachi Mukahrji, J.1. This is an appeal from an order and judgment of Mr. Justiee Salil K. Roy Chowdhmy, passed on 28th April, 1980,in Company Application No. 118, arising out of Company Petition No., 88of 1971. By the said judgment and order the learned judge had madean order for payment by the appellant of a sum of Rs. 1,29,471.45, beingthe value of the goods which had been lost by the company in liquidationand the learned judge has further held that such loss and injury, hadbeen caused by the deliberate and wilful act; on the part of the appellantin taking unlawful and illegal possession of the said godowns by breakingopen the pad-locks and the seals of the official liquidator, and receiver.Certain consequential orders were also made therein.2. It appears that Sakaw Industries Pvt. Ltd. was ordered to be wound up by this court on 5th June, 1972. It further appears that one Surinder Paul Mehta tookra lease of the two godowns at Farm House, Link Road, Faridabad, from Dalbir Singh ...
Tag this Judgment!Smt. Shima Sundari Lekri Vs. Paltu Hemram and ors.
Court: Kolkata
Decided on: Jul-30-1981
Reported in: AIR1982Cal5,85CWN1139
ORDERSushindra Mohan Guha, J.1. This application for revision is directed against the order dated 5th of March, 1980 passed by the learned Munsif, Garbeta, District Midnapore, in Title Suit No. 135 of 1979 refusing to permit the plaintiff-petitioner to withdraw from the suit2. The Title Suit No. 135 of 1979 was instituted by the petitioner as plaintiff against the opposite parties for declaration of title and injunction.3. At the time of settlement operation prepared under the W. B. Land Reforms Act the name of the petitioner was duly recorded and at that time the lands were in her own cultivation. The defendants at the instigation of others claimed the right of bargadar and in fact, while opposing the application under Order 39. Rule 1, C. P. C. they claimed to be the bargadars. It was also pointed out that Opposite Party No. 1 belonged to a Scheduled Tribe.4. Section 53A of the W. B. Land Reforms Act provides that the Revenue Officer will be a necessary party in a suit in which one o...
Tag this Judgment!Bayer Aktiengesellschaft of Leverkusen Federal Republic of Germany Vs. ...
Court: Kolkata
Decided on: Jul-29-1981
Reported in: AIR1982Cal30
ORDERPratibha Bonnerjea, J.1. This is an application Under Section 71 of the Patents Act 1970 for rectification of the entry relating to Patent No. 139978 in the register of the respondent. This application is contested by the respondent.2. It is alleged in the petition that Chlorothio-N-Phthalimide is a novel compound and is a new intermediate product suitable for producing various products such as herbicidai compounds or auxiliary agents for rubber. This compound can also be used in the preparation of other compounds which in turn can be used in the treatment of disease in human beings and animals. But this compound by itself is not intended nor is capable of being used as a drug or medicine as defined in Section 2(1)(1) of the Act. The respondent, however, wrongly classified this product as a 'drug' and fixed the period of the patent for 7 years from the date of the sealing. According to the petitioner the period of this novel compound should have been 14 years by virtue of the prov...
Tag this Judgment!Sree JaIn Swetamber Terapanthi Vidyalaya and anr. Vs. the State of W.B ...
Court: Kolkata
Decided on: Jul-29-1981
Reported in: AIR1982Cal101
ORDERB.C. Ray, J.1. The petitioner No. 1, Sree Jain Swetamber Terapanthi Vidyalaya, a society registered under the West Bengal Societies Registration Act, 1860, and the petitioner No. 2, Assistant Secretary of the said society have made this Writ application challenging the validity of the orders passed by the West Bengal Board of Secondary Education dated 19th Mar. 1977 and 25th July, 1077 respectively holding that the Election of members of the Managing Committee from the Guardians' Constituency was not valid and directing the appointment of an Ad hoc Committee or an Administrator to run the administration of this School as well as to complete re-constitution of the Managing Committee in accordance with the Rules and also by the later order rejecting the prayer for Special Constitution as regards the reconstitution of the Managing Committee of this school.2. The salient facts of the case as appeared from the Writ application is that the petitioner No. 1 is a society registeded under ...
Tag this Judgment!Sanatan Investment Co. Pvt. Ltd. Vs. Prem Chand Jute Mills Ltd. and or ...
Court: Kolkata
Decided on: Jul-29-1981
Reported in: [1983]54CompCas186(Cal)
Salil K. Roy Chowdhury, J. 1. This is an application under Section 155 of the Companies Act, 1956, for rectification of the share register and/or register of members of the respondents by inserting the name of the petitioner in place and stead of thetransferors, respondents Nos. 2-4, in respect of the shares mentioned inthe petition and for consequential reliefs.2. The facts are so short and simple that I am really surprised to and that the matter can be dragged on for such a long time on unnecessary hypothetical questions being raised which is based on an earlier application by another company being B.K. Holdings P. Ltd. : 84CWN876 , belonging to the same group of the petitioner company which failed in the trial court and is pending in appeal. On the facts of that case, being a trial, it was held to be hit by the Securities Contracts Regulation Act, and the matter is pending in appeal.3. The petitioner has purchased two blocks of shares from respondents Nos. 2-4 and paid consideration...
Tag this Judgment!Phipson and Co. Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-29-1981
Reported in: AIR1981Cal432
ORDERDipak Kumar Sen, J. 1. The transactions in dispute are supplies of imported alcoholic liquor to foreign vessels and foreign going ships sailing out of the Port of Calcutta and to foreign Consulates, in Calcutta. It is not in dispute that such liquor is imported free of duty under an open general licence and are meant only for re-export as ship's stores or for consumption in foreign Embassies and Consulates and not for domestic consumption. Between importation and re-export such liquor is kept in an approved bonded warehouse under the direct supervision, control and seal of the Customs Authorities. Even after the said liquor is delivered to a foreign going vessel they still remain under the supervision, control and seal of the Customs Authorities till the vessel leaves the territorial waters of India and the liquor can only be consumed beyond the territorial limits or within diplomatic or consular premises. Such transactions are governed by Clause 11 (d) of the Import Control Order...
Tag this Judgment!Smt. Amiya Debi and ors. Vs. Ranendra Narayan Saha and ors.
Court: Kolkata
Decided on: Jul-28-1981
Reported in: AIR1983Cal24
Chittatosh Mookerjee, J. 1. Thedefendants have preferred this appeal against the final decree passed against them by the learned Subordinate Judge, 8th Court, Alipore in a mortgage suit brought by the plaintiff respondent. The principal point in this appeal is whether or not the mortgagee plaintiffs application in the trial court for drawing up the said final decree was barred by limitation. 2. The respondent, Ranendra N. Saha had instituted the said Title Suit No. 69 of 1972 in the 8th Court of the Subordinate Judge, Alipore against the present appellants and another for recovery of money lent and advanced on mortgage of Premises No. 85B, Raja Rajendra Lal Mitra Road, P. S. Beliaghata. After service of summons, the defendants had appeared but did not file any written statement. On 2nd May, 1973 the said plaintiff and the defendants 1 to 4 jointly filed a petition in the trial court stating that through the intervention of well-wishers and common friends, the suit hadbeen compromised a...
Tag this Judgment!Commissioner of Income-tax Vs. Samuel Osborn (India) Ltd.
Court: Kolkata
Decided on: Jul-28-1981
Reported in: (1982)26CTR(Cal)294,[1982]135ITR699(Cal)
Sabyasachi Mukharji, J.1. This reference relates to the assessment year 1967-68. The Tribunal has referred to this court the following two questions under Section 256(1) of the I.T. Act;'1. Whether, on the facts and circumstances of the case and on a correct interpretation of the agreement dated July 28, I960, between Samuel Osborn & Co., U.K., and the assessee-company, the Tribunal's finding that the assessee's liability to the foreign company on the date of the devaluation arose out of the import of its stock-in-trade and was thus directly connected with its business, was based on no evidence and/or otherwise perverse ? 2. If the answer to question No. (1) is in the negative whether, on the facts and circumstances of the case and on a correct interpretation of the agreement dated July 28, 1960, between Samuel Osborn & Co., U.K., and the assessee-company, the Tribunal was justified in holding that the sum of Rs. 21,09,587 represented the assessee's trading liability and was admissible...
Tag this Judgment!Commissioner of Income-tax Vs. Raigharh Jute Mills Ltd.
Court: Kolkata
Decided on: Jul-28-1981
Reported in: (1982)26CTR(Cal)25,[1981]132ITR702(Cal)
Sabyasachi Mukharji, J. 1. In this reference under Section 256(2) of the I.T. Act, 1961, as directed by this court, the following question has been referred to this court by the Tribunal:'Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that Rs. 3,37,725 did not accrue by way of interest and loan advanced to M/s. Howrah Trading Company (P.) Ltd. and as such is not assessable in the year under consideration ?'2. The present reference relates to the assessment year 1969-70. The assessee-company had advanced certain loans to M/s. Howrah Trading Co. (P.) Ltd. which was a sister concern of the assessee-company. The outstanding loan of this year was Rs. 71,10,000, The ITO found that no interest was being shown on this loan. He further found that the assessee was following the mercantile system of accounting. The ITO, therefore, added Rs. 3,37,725 as interest at 4% on the above amount of loan.3. The assessee went up in appeal before the AAC. The AAC...
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