Kolkata Court February 1982 Judgments
Parshava Properties Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-03-1982
Reported in: AIR1982Cal202,86CWN420
ORDERG.N. Ray, J.1. In the instant Rule the petitioners have asked for appropriate writs commanding the respondents not to give any effect to the West Bengal Taxation Laws (2nd Amendment) Act, 1977, in so far as the same amends the former Act in the matter of payment of land tax or urban land tax by the petitioners in respect of the properties as set out in the writ petition. The petitioners contend that the provisions of the said West Bengal Taxation Laws (2nd Amendment) Act, 1977 is ultra vires Articles 14 and 19 of the Constitution. The petitioners contend that the West Bengal Urban Land Taxation Act, 1976 and the West Bengal Taxation Laws (2nd Amendment) Act, 1977 in so far as the latter Act amends the former Act and in particular Section 4 thereof makes hostile discrimination offend Article 14 of the Constitution, inasmuch as the tax sought to be imposed by way of amendment is arbitrary and exorbitant without making any provision for passing any liability to or sharing of the same...
Tag this Judgment!i.T.C. Ltd. Vs. George Joseph Fernandez and anr.
Court: Kolkata
Decided on: Feb-03-1982
Reported in: AIR1982Cal440
Sabyasachi Mukharji, J.1. This is an appeal from a judgment and order passed by Mr. Justice Salil Kumar Roychoudhury on 11th of February, 1981 granting the stay asked for and directing the parties to take immediate steps for initiation of the reference under the arbitration agreement contained in the contract mentioned in the plaint. The judgment was passed on an application under Section 34 of the Arbitration Act, 1'940 for stay of Suit No. 736 of 1978 instituted by I.T.C. Ltd. v. G. J. Fernandez. Before I refer to the relevant averments in the plaint it will be important to understand the background under which this application came to be made. The suit was filed on 29th of September, 1978 by the Charterer, for a declaration that the contract and modifications mentioned in the plaint were void and illegal and a decree for Rs. 39,64,341/- or an enquiry as to what amount was due to the plaintiff. In that suit instituted by I. T. C. Limited there were two defendants namely, G. J. Fernan...
Tag this Judgment!Maniklal Bhagat Vs. State and anr.
Court: Kolkata
Decided on: Feb-03-1982
Reported in: 1982CriLJ1473
ORDERAmitabha Dutta, J.1. This revisional application is directed against the order passed by the learned Chief Judicial Magistrate, Alipore in Case No. C-1406 of 1980 on the 25th April, 1981 rejecting the application of the petitioner to dismiss the complaint case under Section 188 I.P.C. filed against him for alleged disobedience of an order made under Section 144 of the Code of Criminal Procedure by Shri A. Mukherjee, Executive Magistrate, Alipore, 24-Parganas, on the ground that the complaint was filed by Shri A. K. Chakravorti, Executive Magistrate who as successor in office of Shri A. Mukherjee, Executive Magistrate, was not competent to file the complaint against the petitioner.2. It appears that learned Chief Judicial Magistrate, Alipore has held that the position of law on the point taken by the petitioner is not very clear and that he has no jurisdiction to quash the order of taking cognizance on the complaint.3. It is submitted by the learned Advocate for the petitioner befo...
Tag this Judgment!Jugal Kishore Kundu (deceased by L.R.'s) and Ors. Vs. Narayan Chandra ...
Court: Kolkata
Decided on: Feb-02-1982
Reported in: AIR1982Cal342,86CWN516
B.N. Maitra, J.1. The plaintiff has alleged that defendant No. 1, Jugal Kishore and defendant No. 2, Bhupendra, are his brothers. Their father, Rasamoy Kundu, lived at Ichhapore in the district of Jessore, which is now in Bangladesh. He was governed by the Dayabhaga school of Hindu law. On the 21st Feb. 1948, he died leaving behind those three sons as his only heirs. His wife had predeceased him. He was very well off, owned many properties and extensive business. He constructed a godown and carried on jute business therein at Langal Bandh Bazar near his native village in the benami of Monorama Kundu, Jugal's wife. In 1946 a riot broke out in Bengal and so Rasamoy wanted to have a house in Calcutta. He sent Jugal to purchase land in Calcutta for that purpose. On the 23rd Dec. 1946, a deed of agreement was thus executed regarding the suit land. On the 16th Jan. 1947, a kobala was executed in respect of that property. Though both the documents stood in his daughter-in-law Monorama's name,...
Tag this Judgment!United Investment Corpn. and anr. Vs. Corporation of India
Court: Kolkata
Decided on: Feb-02-1982
Reported in: AIR1982Cal388
M.M. Dutt, J.1. The appellants M/s. United Investment Corporation a partnership firm and its partner Smt. Bandana Suraiya have, in this appeal, challenged the propriety of the order of D.K. Sen, J., whereby the learned Judge discharged the Rule Nisi issued on the application of the appellants under Article 226 of the Constitution.2. By an indenture of lease dt. July 56, 1962 Mehta Suraiya (P) Ltd., granted a lease of a piece of land measuring 10 cottahs 2 chittacks 28 sq. ft. comprised in premises No. 14/1B, Ezra Street, Calcutta to the appellant firm for a period of 33 years. It is provided in the lease that the rent for the first three years would be Rs. 100/- per month and thereafter, for the remaining thirty years the rent would be at the rate of Rs. 2.500/- per month. Under the lease, the lessee was to use the demised premises for the construction of a building thereon for office and/or residential purposes according to the map or plan duly signed by the parties and for letting ou...
Tag this Judgment!Balgopal Goenka Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-02-1982
Reported in: 1983CriLJ570
N.C. Mukherji, J.1. This Rule arises on an application under Section 482 of the Code and is for quashing the proceeding being Case No. C/817 dated 30-12-1975 of Hare Street Police Station, Calcutta at the instance of the Regional Provident Fund Commissioner, West Bengal, The facts Of the case may briefly be stated as follows:2. The petitioner is a Director of M/s. Bharat Overseas Private Limited, The principal business of the said Company was the sole Selling Agency for sale of cement manufactured by Jaipur Udyog Limited. At all material times the petitioner was not in charge of the affairs of the Company, nor responsible for the conduct of the business of the Company, nor was responsible for day to day administration of the business of the Company relating to the Provident Fund. The said Company had a plywood factory known as 'Albion plywood' situated at Budge Budge, The said Undertaking was exempted Industry within the meaning of Section 17 of the Employees' Provident Funds and Famil...
Tag this Judgment!EasIn Ali Vs. Abdul Obdul and ors.
Court: Kolkata
Decided on: Feb-02-1982
Reported in: 1982CriLJ1052
ORDERAmitabha Dutta, J.1. This revisional application is directed against the order passed by the learned Judicial Magistrate, 2nd Court, Tamluk on the 9th July, 1979 acquitting the accused opposite parties under Section 248(1) of Cr.PC in G.R. Case No. 1060 of 1974. 2. It appears that on the complaint of the petitioner which was sent by the learned Magistrate under Section 156(3) of the Code, to the police for investigation, the police after completing investigation, submitted charge-sheet against all the accused opposite parties. The learned Magistrate framed charges under Sections 148/447/ 426/325/323 of the Penal Code against all the accused opposite parties and further charges under Section 379, I.P.C. against Abdul Matlab and Abdul Rashid and fixed the case on 19-11-75 for taking prosecution evidence. As no prosecution witness was present on 19-11-75 the learned Magistrate adjourned the case to 10-3-76 for examination of prosecution witnesses on 10-3-76 no prosecution witness was...
Tag this Judgment!R.G. Sales Pvt. Ltd. Vs. Income-tax Officer and ors.
Court: Kolkata
Decided on: Feb-01-1982
Reported in: (1983)34CTR(Cal)189,[1983]140ITR466(Cal)
M.N. Roy, J.1. The petitioner, R. G. Sales (P.) Ltd., (hereinafter referred to as 'the said petitioners'), is a company incorporated under the Companies Act, 1956, and in the petition it has been stated that the said petitioner carries on business, inter alia, of supplying technical know-how in respect of steel foundries, electric arc furnaces and/or for the manufacture of alloy steel castings, etc. It was the case of the said petitioner that M/s. Ashoka Cement Ltd. has a unit known as Ashoka Steels at Dalmianagar in Bihar, where steel castings are manufactured.2. The said petitioner has further stated that by an agreement dated 13th December, 1969, entered into between them and the said Ashoka Steels, the said petitioner was appointed as selling agents-cum-technical advisers, to handle the sale of the said Ashoka Steels in India and to render technical advice to them, for the manufacture of various products in the concerned steel foundry. Such agreement was valid for three years with ...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- Next ›