Kolkata Court October 1982 Judgments
Foods, Fats and Fertilizers Ltd. Vs. Sm. Chand Rani Gambhir and anr.
Court: Kolkata
Decided on: Oct-15-1982
Reported in: AIR1983Cal193
C.K. Banerji, J. 1. This application has now come up before us for final disposal. The suit herein was instituted by the respondent No. 1 against the appellant and respondent No. 2 inter alia, for recovery of Rupees 1,13,490.00. The respondent No. 1 thereafter made an application in the suit for a final judgment for the amount claimed in the suit under Chap. XIIIA of the Rules of the Original Side of this Court, which was opposed by the appellant. On the 15th June, 1982, the learned trial Judge after bearing the parties, made an order granting the appellant leave to defend the suit upon furnishing security to the satisfaction of the Registrar Original Side of this Court for Rs. 75,000.00 within four weeks from date and in default of the appellant furnishing such security as aforesaid, there would be a decree in favour of the respondent No. 1 for Rs. 90,000.00 with interim interest and interest on judgment at 10% per annum and costs. In the event of the security being furnished costs wo...
Tag this Judgment!Molins of India Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Oct-15-1982
Reported in: (1983)35CTR(Cal)254,[1983]144ITR317(Cal)
Suhas Chandra Sen, J.1. Molins of India Ltd., Calcutta, is the assessee in this case. The relevant assessment year is 1974-75. The corresponding accounting period ended on 31st December, 1973. The accounts of the assessee-company were maintained on mercantile system.2. During the relevant previous year, the assessee-company was engaged in the manufacture of cigarette making and packing machineries. Net profit as per profit and loss account was Rs. 58,77,411. Income disclosed by the assessee was Rs. 62,98,280 but the ITO computed the total income at Rs. 66,91,550.3. The assessee preferred an appeal against the assessment order. Before the AAC, the assessee filed an additional ground stating that the ITO should have allowed the surtax liability of the assessee-company as a deduction. In support of its claim, the assessee relied upon a decision of the 'D' Bench of the Appellate Tribunal, Bombay Benches, in I.T.A. Nos. 3068 & 3097 (Bom) of 1972-73, dated 24th February, 1975. Being not sati...
Tag this Judgment!Mangal Chouhan Vs. the State
Court: Kolkata
Decided on: Oct-15-1982
Reported in: 1983CriLJ279
N.G. Chaudhuri, J.1. In this petition under Section 401 read with Section 482 Criminal P. C., the petitioner, who describes himself as a carrying contractor, prays for quashing the F.I.R. in N.P.P.S. Case No. 18 dated 24-4-82 and investigation started by the Police on the basis of the said F.I.R. Without issuing any Rule, treating the petition as a contested application, we ordered stay of investigation till disposal of the petition on 6-7-82.2. N.P.P.S. Case No. 18 dated 24-4-82 mentioned above is epilogue to S.P.P.S. Case No. 89 dated 13-4-82. The subject matter of both the cases is huge quantity of R.B.D. palm oil which is sold exclusively through public distribution system, that is to say through Ration Shops. For proper appreciation of the contentions raised it is necessary to narrate the facts in some details.3. Promode Gupta, a partner of M/s. Bulichand Oil Mills informed O.C. Budge Budge P.S. by a letter dated 7-4-82 that their firm worked as tinning agents of S.T.C. of India L...
Tag this Judgment!Somnath Bose Vs. Manasendra Nath Bose and ors.
Court: Kolkata
Decided on: Oct-14-1982
Reported in: AIR1983Cal265
Banerji, J.1. This interlocutory application has come up before us for final disposal. The appeal herein is against the order dated 16th March, 1982 made by D. K. Sen, J. whereby the learned Judge directed the Commissioner of Partition to make a valuation of the shares of all the parties and to sell the shares to the shareholder offering the highest price above the valuation made by the Commissioner of Partition. There were also other directions.2. The application made in the court below, out of which the present appeal arises, was made under Section 3 of the Partition Act by the appellant Somnath Bose.3. Mr. T. C. Dutt, learned Advocate for the petitioner appellant urged that the said order made by the court below should be staved inasmuch as in an application under Section 3 of the Partition Actsuch order could not be made by the learned Judge. Either the application should have been dismissed or an order as prayed for should have been made. Mr. Nirmal Mitter, learned Advocate appear...
Tag this Judgment!Bhubaneshwar Singh and anr. Vs. Kanthal India Ltd. and ors.
Court: Kolkata
Decided on: Oct-12-1982
Reported in: [1986]59CompCas46(Cal)
Basu, J.1. This is an application under Sections 397 and 398 read with Sections 402, 403 and 406 of the Companies Act, 1956 (hereinafter referred to as 'the Act'). The facts relating to the making of the present application may be noted.2. Since 1937-38, M/s. B.M. Singh and Sons, petitioner No. 5 herein, had business association and connection with A.B. Kanthal Sweden, which later on amalgamated with the Bnlten group of industries. The company is now known as ' Bulten Kanthal A.B. ', which is respondent No. 2 herein (hereinafter referred to as ' the Swedish company ').3. Petitioner No. 5 used to sell the products of the Swedish company which were electrical resistance wires and strips in India.4. In July, 1961, A.B. Kanthal, prior to its amalgamation with the Bulten group, applied to the Government of India for permission to set up an electrical resistance wires and strips mill in India. This proposal, which is annexure 'B' to the main petition, envisaged 60% of the shares of the propo...
Tag this Judgment!West Bengal Financial Corporation and anr. Vs. Bertram Scott (i) Ltd. ...
Court: Kolkata
Decided on: Oct-06-1982
Reported in: AIR1983Cal381
Sabyasachi Mukharji, J.1. This is an appeal from an order of the learned trial Judge passed on Dec. 14. 1978 on an application under Sections 31 & 32 ofthe West Bengal Financial Corporation Act, 1951 for sale of charged properties in favour of the West Bengal Financial Corporation. The claim of the petitioner. West Bengal Financial Corporation was not disputed and the learned Judge held, it had been verified from the record of the Company in the possession of the Official Liquidator and after taking into account the claims in terms of the mortgage deed between the Company (in liquidation) and West Bengal Financial Corporation the total claim on account of principal amount, interest.insurance charges and consultant fees up to August. 1977 was a total sum of Rs. 15,65,000 which was declared to be due and payable by the company as secured creditor in respect of the properties mentioned in Annexure A to the mortgage. deed dated 9th February. 1972. The learned Judge thereafter directed paym...
Tag this Judgment!M.L. Bajaj Vs. Mustt. Rashika Khatoon
Court: Kolkata
Decided on: Oct-05-1982
Reported in: AIR1983Cal33,87CWN163
Anil K. Sen, J. 1. A short point involving interpretation of Sub-section (1) of Section 17 of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the said Act) raised in this Rule issued on a revisional application has been referred to the Division Bench by our learned brother P. K. Banerjee, J.2. The Rule was obtained by the tenant/ defendant in a suit for eviction and is directed against an order dated Jan. 17, 1979.passed by the learned Chief Judge, City Civil Court. Calcutta, allowing an application under Section 17 (3) of the said Act, tiled by the plaintiff/opposite party thereby striking out the defendant's defence against delivery of possession. His defence against delivery of possession was so struck out because of his failure to deposit amounts equivalent to monthly rent for several months pending the suit but subsequent to its institution in accordance with the latter part of Sub-section (1) of Section 17 of the said Act. In striking out the defence agains...
Tag this Judgment!Commissioner of Income-tax Vs. Sachindramohan Nandy and ors.
Court: Kolkata
Decided on: Oct-05-1982
Reported in: (1983)34CTR(Cal)181,[1984]146ITR597(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) the following question for the assessment year 1966-67 has been referred to this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that only the portion of the interest relatable to the previous year relevant to the assessment year 1966-67 and not the entire interest of Rs. 35,190 awarded by the Land Acquisition Collector could be included as the income of the assessee for the assessment year 1966-67 ?'2. The Land Acquisition Collector acquired the 'Rani Bagan' property measuring 6'959 acres belonging to the assessee. The date of acquisition was 29th August, 1963, and the date of the award was 29th March, 1966. For the period of 2 years and 7 months a sum of Rs. 35,190 was allowed as interest by the Land Acquisition Collector. It was common ground that in the subsequent year the District Judge further allowed a sum of Rs. 1,05,643 as interest. The ITO treated the enti...
Tag this Judgment!Commissioner of Income-tax Vs. U.C. Mahatab
Court: Kolkata
Decided on: Oct-04-1982
Reported in: [1983]144ITR51(Cal)
Suhas Chandra Sen, J.1. The following question of law Under Section 256(1) of the I.T. Act, 1961, has been referred by the Tribunal to this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the income from properties at Nos. 2 and 4, Netaji Subhas Road, Calcutta, no longer belonged to the assessee and the income therefrom is not includible in the total income of the assessee '2. The dispute in this case relates to the properties at Nos. 2 and 4, Netaji Subhas Road, Calcutta. The ITO had completed the assessment of the assessee for the assessment year 1966-67 without including the income from those properties. The Addl. CIT, West Bengal, Under Section 263 of the I.T. Act, 1961, revised that order, as, in his view, the ITO's order was erroneous and prejudicial to the interest of the Revenue. He, therefore, directed the ITO to revise the assessment by including the income from the properties at Nos. 2 and 4, Netaji Subhas Road,...
Tag this Judgment!Commissioner of Wealth-tax Vs. V.K. Manseta
Court: Kolkata
Decided on: Oct-04-1982
Reported in: (1983)33CTR(Cal)196,[1983]143ITR205(Cal)
Sabyasachi Mukharji, J. 1. It is not necessary for us to set out in detail the facts of the case, For the assessment year 1957-58 the following two questions have been referred to this court:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the liabilities levied on the firm of M/s. Manseta Bros, and the assessee individually subsequent to the relevant valuation date on the basis of the settlement of the disclosure petition of the firm on the fifteenth day of March, 1963, were debts owed by the assessee on the valuation date and, therefore, allowable as deduction in computing the net wealth of the assessee. 2, Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no part of the said liability can be excluded u/s. 2(m)(iii) of the W.T. Act, 1957 ' 2. For the assessment years 1960-61 and 1961-62, the following two questions have been referred to this court:'1. Whether, on the facts and in th...
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