Kolkata Court September 1983 Judgments
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India Photographic Co. Ltd. Vs. Mr. Saumitra Mohan Kumar
Court: Kolkata
Decided on: Sep-09-1983
Reported in: (1984)ILLJ471Cal
Anil K. Sen, J.1. This is an appeal against an interlocutory order dated 30th November, 1982, passed by the learned Chief judge, City Civil Court, Calcutta in Title Suit No. 1951 of 1981. By the order impugned the learned Chief Judge had allowed in part an application under Order 39 Rules 1 and 2 preferred by the plaintiff. Feeling aggrieved, the defendant, India Photographic Company Limited (hereinafter referred to as the plaintiff) has preferred the present appeal.2. The plaintiff is an employee of the defendant company. He was served with a show cause notice dated 20th August, 1981. In this show cause notice he was charged with a misconduct and the allegation was that he made out and prepared on 5th August, 1981, an order on behalf of the Company bearing No. 20385 for 40 rolls X 400 feet of 35 m.m. E.C.N, film in the name of one Messrs. Sangeeta Production of 23, Lake Road, Calcutta. On the basis of the said order, the plaintiff took delivery of 40 rolls of such film from the wareho...
Wealth-tax Officer Vs. Champalal Saraogi.
Court: Kolkata
Decided on: Sep-08-1983
Reported in: [1984]7ITD18(Cal)
ORDERPer Shri Anand Prakash, Accountant members - The present appeal is by the revenue whereas the cross-objection is by the assessee. Both are being disposed of by a combined order for the sake of convenience.2. The assessee is a HUF. Its valuation date for the assessment year 1975-76 was 31-3-1975. It owned a property known as 4, Mukhram Kanoria Road, Howrah. It was alleged to have been partitioned amongst the following coparceners with effect from 4-8-1974 by an agreement dated 3-2-1975 :Shri Champalal SaraogiSmt. Bhagwati Debi SaraogiShri Mahendra Kumar SaraogiShri Surendra Kumar SaraogiShri Indra Kumar SaraogiShri Debendra Kumar SaraogiShri Chandra Kumar Saraogi Trust.Admittedly, the said property was not divided by metres and bound between the various coparceners on the date of partition.3. Subsequent to the said partition, two-fifths of the said property and the lands appurtenant thereto were acquired by the Government and Rs. 1,31,658 appeared to have been given for this portio...
Jugal Kishore Laha and ors. Vs. State
Court: Kolkata
Decided on: Sep-07-1983
Reported in: 1984CriLJ360
ORDERB.C. Chakrabarti, J.1. This is an appeal against an order of conviction and sentence passed by the learned Additional Sessions Judge, Bankura, in Sessions Case No. 2 of June, 1979. All the 4 appellants stood charged under Sections 447, 323 and 304, Part I of the Penal Code. All of them were found guilty under Section 304, Part II, I. P. C. Appellants Madan Laha, Panchanan Laha and Thakurdas Santal alias Hansda were sentenced to suffer R. I. for 7 years each while the appellant Jugal Kishore was sentenced to suffer R. I. for 3 years. All the 4 appellants were also found guilty under Sections 447 and 323, I. P. C. and sentenced to suffer R. I. for 3 months and 6 months each, respectively.2. The prosecution case in brief is as follows:Plots Nos. 34 and 75 of Mouza Kankrasole, P. S. Raipur belonged to the informant, Anjan Kumar Nad and his brothers. They had grown paddy on the lands in the relevant year. On the morning of 29-11-1978 Niranjan Nad (P. W. 3) found the accused persons bei...
In Re: Suprovat Ghosh and ors.
Court: Kolkata
Decided on: Sep-06-1983
Reported in: AIR1984Cal1
ORDERManoj Kumar Mukherjee, J. 1. This application under Article 226 of the Constitution of India has been filed by seven legal practitioners who ordinarily act, plead and practice in the Judges' Court at Alipore and also before the Civil authorities connected with requisition and acquisition of properties in the district of 24 Paraganas. Empowered with Vakalatnamas they have been representing their clients at every stage of acquisition proceedings, under the Land Acquisition Act, 1894 and receiving payments on their behalf. By an order dated Dec. 21, 1982 the Additional District Magistrate (L.R.) 24 Paraganas intimated all concerned that all payments to awardees of Land Acquisition Cases would be made by Account payee cheques direct to the parties on proper identification and not through Lawyers. Aggrieved by the above order the petitioners filed this writ application on Feb. 8, 1983.2, For expeditious hearing of the application the Court directed the petitioners to serve copies of th...
Union of India (Uoi) Vs. Straw Products Ltd.
Court: Kolkata
Decided on: Sep-06-1983
Reported in: AIR1984Cal291
Mookerjee, J.1. The Union of India representing the South-Eastern Railway Administration has preferred this appeal against the judgment and decree in favour of the respondent, passed by the learned Subordinate Judge, 6th Court, Alipore, for recovery of Rs. 33,515.81 p.2. The plaintiff-respondent established in the year 1961 a paper mill at Jaykaypur within the State of Orissa. For the purpose of manufacturing paper at the plaintiff's said mill it was required to transport by railway large quantities of bamboo-chips, cuts, splits and splints from different stations of the defendant-Railway. It appears that during the period 23rd Oct., 1961 to Oct. 19, 1962 the plaintiff-respondent had been charged concessional railway freight in terms of the Special Freight Rate Circular No. 2-A of 1960, Ext. 2 (x), in respect of different consignments of such bamboo-chips, cuts, splits, etc. despatched and booked to the plaintiff's mill at Jaykaypur. Thereafter the Railway Administration denied the pla...
Rungta Sons (P) Ltd. and anr. Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Sep-02-1983
Reported in: 1986(23)ELT14(Cal)
M.N. Roy, J.1. The petitioner No. 1, M/s. Rungta Sons (P) Ltd. (hereinafter referred to as the said company), is an existing company within the meaning of the Companies Act, 1956, and has its registered office at P-16, Kalakar Street, Calcutta, and petitioner No. 2 is a shareholder and director of the same. The said company at all material times carried on and still carries on business inter alia of export of manganese ore and on or about 17th January, 1951, a contract of agency was entered by and between the said company and Hindusthan Mineral Corporation, whereunder the said company was constituted as an agent for the purpose of sale, export and shipment of manganese from the Port of Visakhapatnam to foreign buyers and then the said company has stated to have entered into several contracts with various foreign buyers, for the sale of diverse quantities of Indian manganese ore. Such contracts were for dispatching of the concerned ore from the Port of Visakhapatnam to the foreign buyer...
In Re: Santanu Dan
Court: Kolkata
Decided on: Sep-01-1983
Reported in: AIR1984Cal178
ORDERG.N. Ray, J.1. This writ petition is heard as a contested application upon notice to the respondents and the learned counsel have appeared for the Calcutta University and also for the Secretary, Council for Undergraduate Studies, Calcutta University. The learned counsel has also appeared for the respondent No. 1, namely the State of West Bengal and the Director of Health Services and Secretary (Ex-Officio) to the Government of West Bengal, Department of Health and Family Welfare. It appears that the petitioner was admitted to the 4i years' M. B. B. S. Course under the Calcutta University in Calcutta National Medical College against Shri S. N. De's donor-seat and the studied the First Professional M. B. B. S. Course as a student of the said College from the Sessions 1.979-80. It appears that the petitioner appeared at the First Professional M. B. B. S. Examination 1980 held in June 1981 but he was unsuccessful in the said examination. The petitioner thereafter appeared at the suple...
Mrs. Usha Uthup Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-01-1983
Reported in: AIR1984Cal268
ORDERP.C. Borooah, J.1. The petitioner Sm. Usha Uthup does not require any introduction to the music loving people of India and also in many countries abroad. By her songs numerous charities, including those under the Red Cross, the Chief Minister of West Bengal, (he Indian Navy and Mother Teresa have been benefited. She has sung on television from all centres viz., Delhi, Bombay, Calcutta and Madras and also in the National Programme telecast from Delhi through different centres. She has also been seen and heard on television in Singapore, Hong Kong and in the United States of America. She is also a regular singer from various centres of AH India Radio. She bas sung in many of the public halls in Calcutta, including those owned and managed by the State Government and in her functions various dignitaries including the present and past Governors of West Bengal, the Chief Minister of West Bengal and Mother Teresa had. been present. Many of her records, both in long play and extended play...
Sugandha Roy Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-01-1983
Reported in: AIR1983Cal468
ORDERBimal Chandra Basak, J.1. In this application under Article 226 of the Constitulion the petitioner is challenging the validity of two agreements dt. the 16th May. 1974 and 6th/7th Oct., 1982 entered into by and between the Government of India and the Government of Bangladesh.2. This matter has been heard alone with two other matters, being C. O. 4696 -- Nirmal Sen Gupta v. Union of India and C. O. 4537 -- Subrata Chatterjee v. Union of India, where similar points have been raised.3. Certain important points of law, including Constitutional and Public International Law. arising out of certain Treaties and Agreements entered into by and between India and Pakistan and thereafter India and Bangladesh are raised in this case. In the facts of this case it is necessary to give the background of this case with some details.These are admitted facts and these factswould also appear from various judg-ments of the Supreme Court.4. The Indian Independence Act. 1947 (hereinafter referred to as ...
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