Kolkata Court February 1982 Judgments
Subrata Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-18-1982
Reported in: AIR1982Cal430,(1982)2CompLJ244(Cal)
ORDERBankim Chandra Ray, J. 1. This application is at the instance of the petitioner who is one of the co-owners of the plots Nos. 13851 and 13852 of khatian No. 4494, mouza Behala challenging the validity of the notice of requisition issued under Section 3 of the West Bengal Act II of 1948 i.e. West Bengal Land (Requisition and Acquisition) Act, 1948 whereby these landsalong with other plots of lands were notified for requisition for public purposes mentioned in the said notice at annexure A to the petition on the ground that the land in question purported to be requisitioned for a purpose were being utilised for another purpose viz. for construction of Behala Police Station which has been demolished on account of widening of the Diamond Harbour Road.2. The facts in brief are as follows. The aforesaid plots of lands along with other lands were notified for requisition under Section 3 (1) of the said Act for the purposes viz. for widening Diamond Harbour Road at Behala and also for mai...
Tag this Judgment!Nag Book House and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-17-1982
Reported in: AIR1982Cal245,87CWN107
1. The petitioner No. 1 is a registered partnership firm which has been carrying on the business of printing, publishing and selling of approved text books of different classes in the different schools recognised by the West Bengal Board of Secondary Education. This business is carried on under the name and style of 'Nag Book House.' The petitioner No. 2 is one of the partners of the said business. The West Bengal Board of Secondary Education issued guidelines for authors of text books on mathematics containing instructions regarding syllabus that has to be followed in respect of text books on Arithmatics and Geometry in classes VI and VII. The said guidelines describing the syllabus in respect of Arithmatics and Geometry to be followed by the writers on text books on the said subjects for being read by the pupils of the schools recognised under the Board. Thereafter a Circular No. Syll/79/9 dated 23rd Nov. 1979 was issued by the Secretary, Board of Secondary Education, West Bengal to ...
Tag this Judgment!Alliance Mills (Lessees) Pvt. Ltd. Vs. Madan Gopal and Sons
Court: Kolkata
Decided on: Feb-16-1982
Reported in: AIR1982Cal282,86CWN623
Banerjee, J.1. These appeals arise out of an application under Sections 30 and 33 of the Arbitration Act 1940 for setting aside the award made by the Tribunal of Arbitration. The Bengal Chamber of Commerce & Industry, Calcutta. The fact relating to the arbitration proceeding is that there was a contract between the appellant and the respondent coining under the East India Jute & Hessian Exchange Ltd., Calcutta for Trading in Transferable Specific Delivery Contracts in Raw Jute and Jute Goods and Rules (Sic). The transferable specific delivery contracts in raw jute and jute goods are embodied in the Rules framed under the East India Jute & Hessian Exchange Ltd. The contract also is to be found in Appendix X of the East India Jute & Hessian Exchange Ltd., Calcutta (Working . and M/s . Madan Gopal & Sons in a form which is akin to Appendix II as hereinbefore stated. But it appears from the original that the rubber stamp which was embossed on the same form could not be deciphered.2. These ...
Tag this Judgment!Commissioner of Income-tax Vs. Hindusthan Charity Trust
Court: Kolkata
Decided on: Feb-16-1982
Reported in: (1982)29CTR(Cal)43,[1983]139ITR913(Cal)
Sabyasachi Mukharji, J.1. It appears that the assessee is a trust. The assessment year in this reference is 1960-61. There was a trust. It applied for refund under Section 48 of the Indian I.T. Act, 1922, for the assessment year 1960-61, the relevant accounting period ending on March 31, 1960. The income derived by the trust was from dividends. The asses-see had paid on March 9, 1960, a sum of Rs. 18,950 to another trust called Lakshmi Nath Seva Trust. While the ITO scrutinised the statement filed, he came across this item. According to him, this Lakshmi Nath Seva Trust was a private trust. He observed that the assessee could not prove that the donation was for any public charitable or religious purpose. He, therefore, taxed the sum of Rs. 10,850 at the maximum rate.2. Before the AAC, on appeal, the assessee contended that the donation to the trust was made under the belief that it was a charitable trust and that if a donation was made in good faith, it could not be said that the money...
Tag this Judgment!Prahladrai Agarwalla and ors. Vs. Sm. Renuka Pal and ors.
Court: Kolkata
Decided on: Feb-15-1982
Reported in: AIR1982Cal259
C.K. Banerji, J.1. This is an appeal from the judgment and order dated 19th Nov., 1979 of R.N. Pyne. J. dismissing the application made by the appellants, inter alia, for the plaint in the suit herein being rejected and taken off the file; alternatively for stay of the suit till the disposal of Title Suit No. 2297 of 1978 (Prahladrai Agarwalla and Ors. v. Shri Rabindranath Pal and Ors.) pending in the City Civil Court at Calcutta; an injunction restraining the respondents herein from proceeding with the suit herein until the disposal of the said application. Facts material for the purpose of this appeal shortly are that, the respondents are owners of premises No. 23, Acharya Jagadigh Chandra Bose Road. Calcutta, within the Ordinary Civil Jurisdiction of this Court. Their predecessor-in-interest Radhakanta Pal obtained a decree for ejectment in the city Civil Court against Dwariknath Das & Anr., the erstwhile lessees of the said premises. While the said decree was being executed the sai...
Tag this Judgment!Prahladrai Agarwalla and ors. Vs. Sm. Ranuka Pal and ors.
Court: Kolkata
Decided on: Feb-15-1982
Reported in: AIR1983Cal384
C.K. Banerji, J. 1. This is an appeal against the judgment and order dated the 19th Sept., 1970 (1979?) passed by R. N. Pyne, J. allowing amendment of the plaint. The suit herein was instituted by the respondents against the appellants for a decree for possession of the premises in suit being the first floor of premises No. 28, Jagadish Chandra Bose Road, Calcutta, except two roomsin the possession of Bimal Homeo Hall (P.) Ltd.: decree for Rs. 4.000.00 as damages: Receiver: injunction costs and further or other reliefs. The suit was filed in this Court by invoking the concurrent jurisdiction of this Court with the Presidency Small Cause Court. Calcutta and was valued at Rs. 500.00 for delivery of possession and at Rs. 4,000.00 for damages and Court fees were paidOn that basis. The respondents made an application for amendment of the plaint whereby the suit was valued at. Rupees 50,000.00 for recovery of possession and thereby the aggregate value of the suit was made Rs. 54,000 and the ...
Tag this Judgment!Hindusthan Steel Works Construction Ltd. Vs. G. Sreenivasulu Reddy and ...
Court: Kolkata
Decided on: Feb-15-1982
Reported in: AIR1982Cal301
Ramendra Mohan Datta, J.1. This interlocutory application has now come up before us, inter alia, for stay of the operation of the judgment and order dated Jan. 12, 1982 passed by Deb J. The application before the learned Judge was for leave to revoke the authority of the respondent No. 2 who had been acting as the umpire in the pending arbitration proceedings arising out of the arbitration agreement dated Dec. 31, 1973. The prayer in the alternative is for removal of the umpire and for the appointment of a fit and proper person as the umpire and to continue the proceedings. There are other prayers, inter alia, for stay of the arbitration proceedings and for an injunction restraining the respondents Nos. 1 and 2 from proceeding with the arbitration proceedings. The learned Judge passed the ad interim order restraining the umpire from proceeding with the arbitration reference until further orders. At the final hearing, however, the learned Judge dismissed the application making cost in t...
Tag this Judgment!Rani Jagadamba Kumari Devi Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-15-1982
Reported in: (1982)30CTR(Cal)78,[1983]143ITR527(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, the following question has been referred to this court:' Whether, on the facts and in the circumstances of the case, and on a correct interpretation of Sections 159 and 168 of the I.T. Act, 1961, the Appellate Tribunal was justified in holding that in respect of the income of the late ' Rana ' which accrued to or was received by him till the time of his death the assessments could be made on the 'Rani' who was his sole heir and legal representative '2. This reference relates to the assessment years 1946-47 to 1951-52, The assessee was an individual and his name was Lt. Genl. Madan S.S.J.B. Rana of Nepal (hereinafter referred to as ' Rana ') He died on or about 20th of June, 1953, intestate leaving behind him his widow, Rani Jagadamba Kumari Devi (hereinafter referred to as ' the Rani '). The Rani was residing beyond the jurisdiction of this High Court at Varanasi. This court on the application of Sh...
Tag this Judgment!Sm. Sandhya Bhattacharjee Vs. Gopinath Bhattacharjee
Court: Kolkata
Decided on: Feb-12-1982
Reported in: AIR1983Cal161,86CWN665
Chittatosh Mookerjee, J. 1. Theappellant-wife preferred this appeal against the decision of the learned Additional District Judge, 1st Court, Howrah, dismissing her petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and also her prayer for payment of permanent alimony under Section 25 of the said Act. 2. On 11th Aug., 1975 the marriage between the appellant and the respondent according to Hindu rites was solemnised at Ramji Hazra Lane, P. S. Sibpur, Dist. Howrah. The respondent and his two brothers had their dwelling house at 19/1, R. N. T. Road, Harinabhi, P. S. Sonarpur. Dist. 24 Parganas. Since her marriage up to 26th Sept., 1976 the appellant, Sandhya, had lived in the said joint household of the respondent and his two brothers at Harinabhi. Sonarpur. The respondent, Gopinath, was an employee of Dunlop & Co. Ltd. He himself, resided in a bachelor's staff quarter of the said company at Shahgunj, Dist. Hooghly and visited his home at Sonarpur ...
Tag this Judgment!Vikam Chand Kothari Vs. Upendra Nath Sarkar
Court: Kolkata
Decided on: Feb-12-1982
Reported in: AIR1982Cal205,86CWN595
ORDERS.N. Sanyal, J. 1. This application is at the instance of the defendant Vikam Chand Kothari challenging the order dated Dec. 14, 1978 by which the learned Munsif, First Court, Krishnagar, rejected the defendant's application under Section 17 (2) of the West Bengal Premises Tenancy Act. The plaintiff-opposite party Upendra Nath Sarkar instituted Title Suit No. 363 of 1975 on Dec. 11, 1975 in the First Court of Munsif, Krishnagar against the petitioner for ejectment and arrears of rent. The plaintiff's case was that the defendant was a monthly tenant under the plaintiff on a monthly rental of Rs. 57/-according to Bengali calendar. The defendant did not pay rent from Baishakh 1380 B.S. and the rent from Baishakh 1380 B.S. to Jaishtha 1382 B.S. fell in arrears. The plaintiff also required the suit premises for his own occupation. The defendant appeared on Feb. 9, 1976 and filed two applications on that day, one under Section 17 (1) of the Premises Tenancy Act, praying for permission t...
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