Kolkata Court August 1981 Judgments
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Prasanta Kumar De Chowdhury and ors. Vs. Tapas Kumar Das
Court: Kolkata
Decided on: Aug-10-1981
Reported in: AIR1981Cal332,86CWN56
ORDERSudhindra Mohan Guha, J.1. The order dated April 7, 1980 passed by Sri S. L. Biswas, Munsif, Ranaghat, in Title Suit No. 314 of 1976 overruling the objection to the application under Section 17 (2) of the West Bengal Premises Tenancy Act, has been challenged. This application under Section 17 (2) of the Act was said to be not maintainable.2. This suit was filed by the petitioners against the opposite party on 31st Aug., 1976 for eviction on the ground of default, amongst others. The writ of summons was served on Sept. 15, 1976. After the Puja holidays the Court opened on 25th Oct., 1976and on that very date the opposite party-tenant after appearance tiled an application under Section 17 (2) of the Act and deposited the sum of Rs. 127.65 being the rent for the months of Ashar, Shravan and Bhadra 1383 B. S. at the rate of Rs. 42.55 per month.3. The petitioners challenged the deposit as invalid because the deposit made by the opposite party on Oct. 25, 1976 corresponding to 8th Karti...
Abhimanya Biswas Vs. Abdul Sk. and ors.
Court: Kolkata
Decided on: Aug-10-1981
Reported in: AIR1981Cal444
Amitabha Dutta, J.1. This is an appeal from the decision of the learned Additional Subordinate Judge, Nadia in Title No. 231 of 1969 affirming the judgment and decree of the learned Munsif. Additional Court, Krishnagore in Title Suit No. 37 of 1969.2. The plaintiff Daud Seikh (since deceased) brought the suit for a declaration of title on avoidance of a kobala purported to have been executed on 29-2-1968 in favour of the defendants Nos. 1 and 2 and permanent injunction. The plaintiff's case stated briefly is this. The plaintiff and his nephew the pro forma defendant No. 4 had 8 annas share each in the disputed plot No. 401 of MoujaKanthalia. The defendant No. 1 purchased the share of the pro forma defendant No. 4 and by an amicable oral partition between the plaintiff and the defendant No. 1 the southern half of the said plot was allotted to the plaintiff. The plaintiff was an illiterate and simple villager aged about 70 and the defendant No. 1 set up cordial relationship with him and ...
Indian Leaf Tobacco Development Co. Ltd. Vs. Commissioner of Income-ta ...
Court: Kolkata
Decided on: Aug-10-1981
Reported in: [1982]137ITR827(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T Act, 1961, a combined statement of case has been filed by the Tribunal dealing with the assessee's application as well as the Revenue's application for reference. The assessment relates to the assessment year 1972-73. The assessee is a limited company which is mainly engaged in the business of export sales of leaf tobacco purchased and cured in India. For the relevant assessment year, among the claims made by the assessee were, that the profit on exchange amounting to Rs. 1,40,329 was not liable to tax, the weighted deduction on account of agricultural development allowance should be allowed on the entire expenses claimed amounting to Rs. 18,20,670, which included depreciation of Rs. 64,732 and scientific research expenses in the field of agriculture amounting to Rs. 81,847. It was also claimed that the expenses on account of ex gratia payments to widows or dependants of the deceased employees as well as expens...
Delhi Cloth and General Mills Co. Ltd. Vs. Ramjidas Shriram and ors.
Court: Kolkata
Decided on: Aug-07-1981
Reported in: AIR1982Cal34
ORDER1. This is an application in execution of part of a decree transmitted for Rs. 30 lacs for execution against the judgment-debtors Nos. 1 to 6. Execution is sought against the judgment debtor Nos. 1 to 6 that is to say M/s. Ramjidas Shriram, a partnership firm. Mr. Shrawan Kumar Agarwal in his individual capacity and as Karta of H. U. F. business of Shrawan Kumar Agarwal and Brothers, Mr. Onkarnath Agarwal in his individual capacity and as Karta of H. U. F. business of Onkarnath Agarwal and Brothers. Mr. Asok Kumar Agarwal son of Mr. Premnath, Smt. Sushila Wati. wife of Ramnath. Mr. Kedarnath Agarwal. son of late Balaprasad all of 46, Upper Chitpur Road, Calcutta.2. The execution is sought by attachment and sale of movable and immovable properties of the judgment-debtors Nos. 1 to 6. The mode in which the execution is sought is stated in Column 10 of the tabular statement filed herein.3. The said mode is the attachment and sale of the right, title and interest of judgment-debtors N...
Piyush Kanti Guha Vs. West Bengal Pharmaceutical and Phytochemical Dev ...
Court: Kolkata
Decided on: Aug-07-1981
Reported in: AIR1982Cal94
ORDER1. This is an application asking for admission of an appeal preferred from the order of Roy Chowdhury, J. refusing to stay proceedings under Sections 397 and 398 of the Companies Act, 1956 being Company petition No. 169 of 1981, Company Application No, 93 of 1981. The appellant's case is that the Suit No. 209 of 1981 had been filed prior to the institution of the company petition. The appellant further contends that the matters in controversy are in substance the same and though the parties are not identical the real issue between the parties is the same and the High Court has jurisdiction in both the matters and it would be incorrect, according to the appellant, that the Company Court has exclusive jurisdiction under Section 10 of the Civil P. C. In view of the fact that the suit had been instituted prior to the Institution of the company petition it is submitted that the suit should have been stayed.2. Without going into the abstract question whether the civil court in any parti...
Shree Choudhary Cold Storage (1972) Vs. Ruby General Insurance Co. Ltd ...
Court: Kolkata
Decided on: Aug-06-1981
Reported in: AIR1982Cal124,[1983]54CompCas639(Cal),86CWN59
Sabyasachi Mukharji, J. 1. This is an appeal from an order and judgment passed by Ajay K. Basu, J., dated 1st June 1976 dismissing the suit on an application made by National Insurance Co., Ltd. under Order 7 Rule 11 of C. P. C. It appears, that a suit was instituted by the plaintiff/appellant against Ruby General Insurance Company Limited. In view of the contentions raised it would be appropriate to set out the description of the defendant in the cause-title which reads as follows:--'Ruby General Insurance Company Limited of which the management is vested in the Government of India by the provisions of the General Insurance (Emergency Provisions) Act 17 of 1971 having its registered office at Ruby House at 6, India Exchange Place, Calcutta-1 within the aforesaid jurisdiction.'2. The cause-title indisputably mentions the provisions of General Insurance (Emergency Provisions) Act 17 of 1971. The suit in question was filed on the 18th Sept. 1975. In para 2 of the plaint it has been state...
Ali Ahmed Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-05-1981
Reported in: AIR1981Cal378,(1981)2CompLJ362(Cal),86CWN246
M.M. Dutt, J. 1. In this appeal, the appellant All Ahmed has challenged the propriety of the order dated April 9, 1981 of a learned Judge of this Court discharging the Rule Nisi issued onthe application of the appellant under Article 226 of the Constitution. 2. In the writ petition, the appellant has prayed for a declaration to the effect that the West Bengal Co-operative Societies (Second Amendment) Act. 1978 is ultra vires Articles 14 and 19(1)(c) of the Constitution of India. By the said Amendment Act a new provision being Section 26-A has been introduced into the West Bengal Co-operative Societies Act, 1973, hereinafter referred to as the Act. The appellant has also prayed for a writ in the nature of Mandamus commanding the respondents Nos. 1 to 4 to forbear from implementing the said Amendment Act in respect of the West Bengal State Cooperative Marketing Federation Limited commonly known as 'BENFD', hereinafter referred to as the Society, and from acting on the basis thereof in an...
Manick Sahana Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-04-1981
Reported in: AIR1981Cal289,85CWN1117
M.M. Dutt, J. 1. The appellant Manick Sahana has, in this appeal, challenged the propriety of the judgment of Basak J. discharging the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution. 2. In the Writ Petition, the appellant challenged the validity of the provisions of Sections 5, 6, 7 and 8 of the Rice-Milling Industry (Regulation) Act, 1958, hereinafter referred to as the Rice-Milling Act, which is a Central Act. The Rice-Milling Act was passed by Parliament on May 18, 1958 for the purpose of regulating the Rice-Milling Industry in the interest of the general public. Section 2 of the Rice-Milling Act contains a declaration as to the expediency of control by the Union of the Rice-Milling Industry, Section 3 is the definition section. Clause (a) of Section 3 defines a defunct rice mill as meaning, inter alia, a rice mill in existence at the commencement of the Rice-Milling Act in which rice milling operations have not been carried on for a conti...
Nanalal Madhavji Varma Vs. State of Andhra Pradesh
Court: Kolkata
Decided on: Aug-03-1981
Reported in: AIR1982Cal167
Padma Khastgir, J.1. This suit had been filed by Nanalal Madhavji Varma against the State of Andhara Pradesh for recovery of a sum of Rs. 62,887 P. interest and costs. It is the plaintiffs case that on 19th of Aug. 1958 the Official Liquidator of the Barasat Basirhat Light Railway Co. (in liquidation) published an advertisement in the Statesman in Calcutta inviting tenders for the purchase of moveable properties of the said company including rails on various terms and conditions. The maximum selling price of the said rails was fixed by the Iron and Steel Controller at Rs. 700/-per ton, Under the said terms and conditions the purchaser was to sell the said according to the directions of the Official Liquidator. Thereafter several tenders and offers were received by the said Official Liquidator and on 6th of Oct. 1958 the plaintiff was accepted and confirmed by this Court as the highest bidder. The Iron & Steel Controller by letter dated 24th Jan. 1959 arranged for supply of second hand ...
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