Kolkata Court February 1982 Judgments
MartIn Harris (Pvt.) Ltd. Vs. ElgIn Properties
Court: Kolkata
Decided on: Feb-11-1982
Reported in: AIR1982Cal433,86CWN588
Chittatosh Mookerjee, J. 1. M/s. Martin Harris (Pvt.) Ltd., the defendant-appellant, had been a lessee in respect of premises No. 1B, Asutosh Mookerjee Road under successive lease? periodically granted by the Official Trustee, West Bengal as Trustee of the Estate of D. A. David for the Davidean Girls' School. Lastly, on 13th of July, 1968 the Official Trustee, West Bengal had granted to the defendant-appellant lease of the said premises with retrospective effect from 1st of January, 1965 up to the 31st of Dec., 1968. The said lease in favour of the defendant-appellant was not renewed for any further period. On 21st April 1969 the defendant-appellant wrote to the Official Trustee of West Bengal the following letter :'Dear Sir, Re: 1B, Asutosh Mukherjee Road. We wish to surrender the tenancy rights of the above premises with immediate effect, please arrange to take possession. Thanking you, Yours faithfully, For Martin & Harris (Private) Ltd Illegible Director.' 2. The defendant-appellan...
Tag this Judgment!Export Enterprises Pvt. Ltd. Vs. Income-tax Officer, 'B' Ward and Ors. ...
Court: Kolkata
Decided on: Feb-11-1982
Reported in: (1983)36CTR(Cal)215,[1983]142ITR641(Cal)
M.N. Roy, J. 1. The petitioner, M/s. Export Enterprises Private Ltd., is an existing private limited company within the meaning of the Companies Act, 1956 (for convenience, the petitioner would hereinafter be referred to as the 'said company'). It has been stated that the said company at all material times carried on and still they are carrying on business dealing with imported materials under import licences, which were previously sanctioned in favour of Maharajkumari C. Pheunkhang, sister of the Chogial of Sikkim, by the Govt. of India for the purpose of enabling the said Maharajkumari and her family to enter into the business, and trade and to earn some income for the benefit of the family. The said company has stated that the same was virtually dependent upon the said Maharajkumari initially, for using the import licences granted in her favour, and subsequently through her in the name of the said company.2. It has further been stated that the said Maharajkumari was a director of th...
Tag this Judgment!Savera and Co. Ltd. Vs. Fabulous SkIn Supply Co.
Court: Kolkata
Decided on: Feb-10-1982
Reported in: [1985]58CompCas227(Cal)
Basu, J.1. This is au application by the petitioner, Fabulous Skin Supply Co., for the appointment of the official liquidator as the provisionalliquidator of Savera and Co. Ltd. (hereinafter referred to as ' the company '). The petitioner is admittedly a creditor of the company having supplied to the company hides and skins, from time to time, over a long period. In fact, it is a curious case where the company, in its statement annexed to the affidavit, has admitted the claim of the petitioner to be larger than what the petitioner itself has claimed in the petition.2. The grounds on which a provisional liquidator is sought to be appointed do not appear to be very clear. This is because, in para. 31 of the petition, it is stated that the application for the appointment of a provisional liquidator is being moved, inter alia, on the ground that there was a danger to the assets of the company and there was obvious insolvency and the company had admitted that it had no defence to the petiti...
Tag this Judgment!Shyam Sundar Kajaria Vs. Eastern Commercial Corporation
Court: Kolkata
Decided on: Feb-09-1982
Reported in: AIR1982Cal437
ORDERPadma Khastgir, J. 1. This is an application by the plaintiff Shyam Sundar Kajaria for amendment of the plaint. The suit was filed by Shyam Sundar Kajaria for recovery of a sum of Rupees 60,656/- and for other consequential reliefs. It was the positive case of the plaintiff, as made out in the plaint, that on 3rd Dec. 1974 and on 18th Dec. 1974 the plaintiff lent and advanced short term commercial loan on Khatapeta account to the defendant amounting to Rupees 25,000/- and Rupees 30,000/- respectively, aggregating Rs. 55,000/-. The defendant agreed to repay the said sura with interest at the rate of 15%. Acknowledging receipt of the said loan the defendant executed Purjas at the request and direction of the plaintiff in the name of Ramdeo Prosad Agarwalla. The defendant acknowledged its liability to pay with interest at the rate of 15%. Inasmuch as according to the plaintiff the defendant failed and neglected to make payment of the said loan in spite of demands, the plaintiff had b...
Tag this Judgment!V.N. Rajan and Co. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-09-1982
Reported in: (1983)32CTR(Cal)22,[1983]142ITR545(Cal)
Sabyasachi Mukharji, J.1. In this reference under Section 256(2) of the I.T. Act, 1961, the Tribunal has referred the following question, as directed by this court :'Whether, on the facts and in the circumstances of the case, there was any relevant evidence before the Tribunal to support its opinion that the Appellate Assistant Commissioner was not justified in accepting the assessee's claim for deduction of Rs. 59,477 ?'2. We are concerned in this reference with the assessment year 1971-72, for which the relevant accounting year is the calendar year 1970. In the return of income as well as during the assessment proceedings, the assessee claimed deduction of Rs. 59,477 being bad debts written off in its books of account. This amount was claimed on account of three debtors. The first debtor was M/s, Sankar Coal Co., Kanpur. There was a debt to be recovered from this company amounting to Rs. 47,659. The ITO found from the copy of the account filed that the assessee had regular transactio...
Tag this Judgment!Director of Enforcement, Enforcement Directorate, Calcutta and ors. Vs ...
Court: Kolkata
Decided on: Feb-08-1982
Reported in: AIR1982Cal439
M.M. Dutt, J. 1. This appeal has been preferred by the Director of Enforcement, Enforcement Directorate, Calcutta, and others against the judgment of A. N. Sen, J. (as His Lordship then was) whereby the learned Judge struck down the two notices, one dated Nov. 22, 1963 and the other dated May18, 1967 issued under Sec. 19 (2) of the Foreign Exchange Regulation Act, 1947. 2. The notice dated Nov. 22, 1963 was struck down on the ground that the authority issuing the notice had not applied its mind before issuing the said notice under Section 19 (2) of the Act. So far as the notice dated May 18, 1967 is concerned, it was held to be invalid as the 'authority issuing the notice was not empowered to issue the same under Section 19 (2) of the Act. After considering the submissions made on behalf of the appellants, we are of the view that the learned Judge was justified in striking down the notices on the ground that the same were not issued in conformity with the provisions of Section 19 (2) o...
Tag this Judgment!Karam Chand Thapar Memorial Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Feb-05-1982
Reported in: (1982)1ITD831(Kol.)
1. This is an appeal by Karam Chand Thapar Memorial Charitable Trust, Calcutta, which is directed against the order of the Commissioner (Appeals) dated 23-5-1980 wherein he has sustained the assessment of capital gains arising on sale of shares and also the voluntary contributions received from Mohini Thapar Charitable Trust. The appeal relates to the assessment year 1971-72 for which the accounting year ended 28-9-1971. In this appeal the assessee has taken two grounds challenging the decision of the Commissioner (Appeals), which are dealt with hereunder : 2. The first ground relates to the assessment of capital gains of Rs. 90,610 as income which arose on sale of investments to Mohini Thapar Charitable Trust, Calcutta. The assessee claimed exemption of capital gains as the assessee invested the entire sale proceeds of the investments, including capital gains, with Mohini Thapar Charitable Trust, Calcutta, at interest and, therefore, satisfied the condition in Section 11(1A)(a) of th...
Tag this Judgment!National Insurance Co. Ltd. Vs. Punam Chand JaIn and anr.
Court: Kolkata
Decided on: Feb-04-1982
Reported in: AIR1983Cal148,[1985]58CompCas695(Cal)
Sabyasachi Mukharji, J.1. This is an appeal arising out of the order passed and judgment delivered on 31st Oct., 1979 dismissing an application for setting aside of an award. It appears that a Policy of Insurance against burglary and house breaking was issued by the appellant in favour of the respondent No. 1 on 7th Apr., 1972. On 13th Oct., 1972 there was an endorsement in respect of the amount and schedule of the articles insured under the Policy and all other terms and conditions of the Policy remained unchanged. The said Policy including the endorsement was valid till 29th Mar., 1973. The said Policy contained an arbitration clause which it is material to set out. The said clause was as follows:'All differences arising between Society and the insured of the Claimant hereunder shall be referred to the decision of an arbitrator to be appointed in writing by the parties in difference or if they cannot agree upon a single Arbitrator to the decision of two Arbitrators one to be appointe...
Tag this Judgment!National Small Industries Corporation Limited Vs. Industrial Metal Wor ...
Court: Kolkata
Decided on: Feb-04-1982
Reported in: [1984]55CompCas14(Cal)
C.K. Banerji, J. 1. This is an appeal from the order dated 19th May, 1977, made by the court below, in an application made by the appellant under Sections 391 and 392 of the Companies Act, 1956. 2. One Balabux Singhania had made an application for the winding-up of Industrial Metal Works (P.) Ltd., the respondent above-named in this court. During the pendency of the said winding-up application the respondent made an application in this court under Sections 391 and 392 of the Companies Act, 1956, proposing a scheme of compromise and/or arrangement between the respondent and its secured and unsecured creditors. By an order dated 16th March, 1970, this court sanctioned the said scheme and/or arrangement as modified. By and under a hire purchaseagreement dated 31st October, 1963, the appellant had made over to the respondent on hire-purchase basis certain machinery and it was a creditor of the respondent when the said scheme was sanctioned. Clause 5B of the said scheme provided as under : ...
Tag this Judgment!Biswanath Charit Vs. Damodar Patra and ors.
Court: Kolkata
Decided on: Feb-03-1982
Reported in: AIR1982Cal199,86CWN423
Anil K. Sen, J.1. This is an appeal under Clause 15 of the Letters Patent directed against a judgment and decree dated July, 13, 1971, passed by a learned single judge of this Court in an appeal from appellate decree No. 38 of 1964. Defendant No. 8 is the appellant before us who lost throughout.2. This appeal arises out of a suit for specific performance of a contract and injunction. The plaintiff/respondent instituted the suit on the allegation thatdefendant No. 1, the mother and as such natural guardian of minor defendant Nos. 2 to 7 entered into an agreement with the plaintiff for self and on behalf of the minors to sell the suit property for a consideration of Rs. 1,275/- by accepting an advance of Rs. 500/- to meet certain antecedent debts during the last illness of her deceased husband, the father of defendant Nos. 2 to 7 and executed and registered a Bainapatra on Dec. 12, 1960; it was stipulated in the agreement that defendant No. 1 having herself appointed the certificated gua...
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