Kolkata Court August 1981 Judgments
Barun K. Sinha and anr. Vs. District Magistrate, Murshidabad and ors.
Court: Kolkata
Decided on: Aug-31-1981
Reported in: AIR1982Cal19
ORDERB.C. Ray, J.1. The subject-matter of challenge in this writ application is the acceptance of the tender submitted by respondent No. 6. Narayan Roy for supply of dietary articles in the hospitals of the Murshidabad District arbitrarily and in violation of the principles of natural justice. The facts of this case as well as the case of Tapan Kumar Ghosh are almost identical and as such the statement of the facts of Barun Kumar Sinha's case will suffice for the purpose of decisions of these two rules.2. The petitioner Barun Kumar Sinha who has been supplying dietary articles in the State-owned hospitals in Murshidabad since 1974 submitted a tender in pursuance of tender notice issued by the Chief Medical Officer of Health. Murshidabad, respondent No. 2, for the year 1981-82 inviting tenders from bona fide contractors for supply of dietary articles. It has been stated in the said notice that the intending tenderers shall quote overall percentage of rate for each category of contract i...
Tag this Judgment!Radheshyam Agarwalla (Deceased by L.Rs.) Vs. Maharaj Bahadur Singh and ...
Court: Kolkata
Decided on: Aug-31-1981
Reported in: AIR1982Cal571
Chittatosh Mookerjee, J.1. This appeal is at the instance of the plaintiff whose suit, inter alia, for declaration that he was a real monthly tenant under the respondent No. 1 according to the Hindi calendar in respect of room in the first floor of 6, Banstala Gali and for permanent injunction has been dismissed by the learned Judge, 10th Bench, City Civil Court at Calcutta.2. Admittedly, one Nemkumar Raniwalla, was a tenant under the defendant No. 1 in respect of the said room in the first floor of the premises No. 6, Banstala Gali. It can no longer be disputed that before the commencement of the West Bengal Premises Tenancy Act, 1956 the said Nemkumar Rani-walla had created a sub-tenancy in respect of the suit room in the name of Hariram Agarwalla. who was a son of the original plaintiff, Radheshyam Agarwalla. Hariram had made an application under Section 16 (3) of the West Bengal Premises Tenancy Act and on 25th May, 1957 the Rent Controller, Calcutta had declared Hariram as a direc...
Tag this Judgment!Sunderdas Thackersay and Bros. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-31-1981
Reported in: (1982)26CTR(Cal)290,[1982]137ITR646(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, the Tribunal has referred the following question to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that penalty under Section 271(1) was leviable in this case ?'The assessment year involved is 1970-71. The assessee was required to file its income-tax return by 30th June, 1970, for the assessment year 1970-71. The return, however, was filed on the 28th October, 1970. It was claimed before the ITO that the assessee had applied in Form No. 6 but no evidence could be produced in support of this claim. In the absence of any explanation, the ITO imposed a penalty of Rs. 10,386 under Section 271(1)(a) of the I.T. Act, 1961. The ITO, as mentioned hereinbefore, did not take into consideration the application filed in Form No. 6, which was filed by the assessee, after the time for filing of the return had expired. The ITO proceeded to say that no evid...
Tag this Judgment!Smritikana Bag Vs. Dilip Kumar Bag
Court: Kolkata
Decided on: Aug-28-1981
Reported in: AIR1982Cal547,86CWN213
Chittatosh Mookerjee, J. 1. The appellant wife has preferred this appeal against the judgment and decree passed by the learned Additional District Judge, 12th Court, Alipore dissolving her marriage with the respondent hushand under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The learned Additional District Judge, however, dismissed the prayer of the respondent husband for annulling the marriage of the parties on the ground specified in Section 12(1)(b) of the said Act. The respondent husband has also filed a cross-objection against the said dismissal of his prayer for annulment of their marriage.2. On 3rd March, 1976 the marriage between the appellant and the respondent according to Hindu rites took place at 50/1, Shib Tbakurbari Lane, P. S. Behala, District 24 Parganas. On 21st Sept., 1976 Dilip Kumar Bag, the respondent herein, had presented in the Court of the District Judge, 24 Parganas his petition for annulment of his marriage with the appellant under Section 12 and in th...
Tag this Judgment!Dr. A.K. Roy Vs. J.C. Roy Choudhury and anr.
Court: Kolkata
Decided on: Aug-26-1981
Reported in: AIR1982Cal8,86CWN151
ORDERSudhindra Mohan Guha, J.1. The order dated 10-6-1980 passed by Sri D. K. Bhattacharjee, the learned Munsif. 4th Court, Sealdah allowing the application under Order 1, Rule 10 C. P. C. filed by the opposite party No. 2 Smt. Kalpana Roy Choudhury to be added as a defendant to the suit for ejectment, being Title Suit No. 412 of 1973 has been challenged by the landlord-petitioner under the present revision.2. According to the petitioner. Opposite party No. 1 was a tenant under him in respect of the premises in suit at a monthly rental of Rs. 150/- per month and he served a notice dated 25-5-1970 on the opposite party No. 1 to quit the premises in suit on and from 1-7-1979. But he failed to vacate, hence the suit. He, however, did not appear to contest the suit, and as such the suit was fixed for ex parte hearing.3. On 20-3-1980 the opposite party No. 2 filed the application under Order 1, Rule 10 C. P. Code for being added as a defendant, contending inter alia, that she is the wife of...
Tag this Judgment!income-tax Officer Vs. X
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-25-1981
Reported in: (1982)1ITD927(Kol.)
1. These are appeal and cross-objection by the revenue and the assessee.2. The assessee transferred one-fourth interest in the immovable property at 40, Old Bally gunge Second Lane, Calcutta, in 1970-71 financial year to his wife for Rs. 69,000 by a conveyance deed dated 14-12-1970. The ITO held that the capital value of the rights of the assessee in the portion of the transferred property came to Rs. 1,82,500 and as the assessee had transferred the said property for only Rs. 69,000 the transfer was for inadequate consideration. Accordingly, he computed the income arising to the assessee's wife from the transferred property at Rs. 12,750 and included the same in the hands of the assessee under Section 64(1)(iv) for the assessment year 1976-77. The AAC held that the consideration of Rs. 69,000 for the undivided share comprising one-fourth of the property, was fixed on the basis of the market value of the property. He referred to the certificate of the solicitor who conducted the auctio...
Tag this Judgment!Mahabir Saha Vs. Haripada Saha and ors.
Court: Kolkata
Decided on: Aug-24-1981
Reported in: AIR1982Cal353
B.N. Maitra, J. 1. The plaintiffs allege that the disputed property originally belonged to one Abdul Sobhan Khan and after his death that property was acquired by many persons. Gopal Chandra Saha was the father of defendant No. 1, Maha-bir, and grandfather of plaintiff No. 1. In 1928, Gopal expired leaving Mahabir, Haralal (son) and one Milan Bala, defendant No. 2, who is the widow of his predeceased son, Krishnalal Saha. Haralal died in 1354 B.S. leaving his widow and son (plaintiff No. 1), Haripada Saha, Gopal Chandra was the owner of premises No. 55, Subal Das Road, 35, Nawabgunj Road, 50/1, Subal Das Road and 47, Nawabgunj Das Road within the Dacca Municipality. Since Milan Bala was not an heir of Gopal Chandra, he made provision for her maintenance by making a gift of 2 rooms of his residential house for her and also providing for a sum of Rs. 6 per month for her maintenance. After partition of Bengal the plaintiffs, defendant No. 1 and defendant No. 2 migrated to West Bengal. Def...
Tag this Judgment!Mrs. R.H. Dave Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-24-1981
Reported in: [1983]140ITR1035(Cal)
Sabyasachi Mukharji, J.1. This reference relates to the assessment year 1971-72. Under Section 256(1) of the I.T. Act, the Tribunal has referred to this court the following question:'Whether, on the facts and in the circumstances of the case, the Tribunal having held that the Appellate Assistant Commissioner had no juridiction to direct the Income-tax Officer to bring the amount to tax in an assessment year not involved in the appeal before him, was justified in law in refusing to delete such direction given by the Appellate Assistant Commissioner ?'2. It appears that the assessee is an individual. The assessee had taken on lease a plot of land at Worli, Bombay ; the said plot of land was acquired by the Government on 12th May, 1961, and the assessee received a sum of Rs. 2,55,645 as compensation. The ITO brought this amount to tax in the assessment year 1971-72 as the income received under the head'Other sources' in the previous year relevant to this assessment year. The assessee had ...
Tag this Judgment!Bank of India Vs. Andhra Steel Corporation Ltd. and ors.
Court: Kolkata
Decided on: Aug-21-1981
Reported in: AIR1982Cal57
ORDERSalil Kumar Roy Chowdhury, J.1. This is an application by one Puma Investment Limited, a company incorporated under the Companies Act, 1956, and having its Registered Office at No. 33A. Chowringhee Road. Calcutta, alleged to be holding 956 Equity Shares of Rs. 10/- each fully paid up in the Capital of Andhra Steel Corporation Ltd.2. The petition is signed and verified by Promod Kumar Mittal, a son of Mohan Lal Mittal, the Defendant No. 3 in the suit. The suit was filed by the Bank in 1977 inter alia for a decree for Rs. 4,43,41,209.59 P. and also for a declaration of charge under an agreement on hypothecation in respect of the goods mentioned in the Deed of Hypothecation, the sale of the said hypothecated goods, appointment of Receiver etc. In the said suit an interlocutory application was made and Receiver was appointed over the Undertaking the Defendant No. 1 Company, Andhra Steel Corporation Ltd. of its Dunkuni Unit. The plaintiff bank also filed a winding up application in 197...
Tag this Judgment!Hindustan National Glass and Industries Mazdoor Union Vs. S.N. Singh a ...
Court: Kolkata
Decided on: Aug-20-1981
Reported in: (1982)ILLJ168Cal
Chittatosh Mookherjee, J.1. The only point in this appeal is whether or not the City Civil Court at Calcutta had any jurisdiction to entertain the application under Section 30 of the Arbitration Act, 1946 filed by M/s Hindusthan National Glass & Industries Ltd. for setting aside the award/ recommendations dated 6th November, 1980 of Sri S.K. Bhattachariya, Labour Commissioner, West Bengal, regarding the remunerations of piece-rated workmen employed by the contractors of M/s. Hindusthan National Glass & Industries Ltd, Rishra, Hooghly.2. On 25th July, 1979, S.N. Singh and others described as contractors of M/s. Hindusthan National Glass & Industries Ltd. and their workmen represented by three unions including the appellant, Hindusthan National Glass & Industries Ltd., Mazdoor Union, had signed a Memorandum of Settlement. Sri S.K. Chowdhury, Deputy-Commissioner, West Bengal and conciliation Officer as a witness had also signed the said Memorandum of Settlement. The said tripartite Memora...
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