Kolkata Court April 1984 Judgments
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Motipur Sugar Factory Ltd. and anr. Vs. Joint Secretary, Govt. of Indi ...
Court: Kolkata
Decided on: Apr-12-1984
Reported in: AIR1984Cal240,[1986]60CompCas955(Cal)
G.N. Ray, J.1. This Rule was issued on theapplication made by Motipur Sugar Factory Limited, a public limited Company within meaning of Companies Act, 1956 having its registered office at Motipur in Bihar and one Hajee Adam Hajee Abdul Rahim and Yacub. Hajee Ibrahim were Directors and Shareholders of the said. Company. The petitioner No. 2, Hajee Adam Hajee Abdut Rahim having died during the pendency ofthis writ petition his name has been ex-punged from the category off the petitioner.2. In this Rule, the order dated 3rd November, 1980 issued by the Joint Secretary, Ministry of Industry (Department of Industrial Development) passed in exercise of the powers conferred by Clause (a) of Sub-section (1) of Section 18AA of the Industries (Development and Regulation) Act, 1951 authorising the Bihar State Sugar Corporation Limited. Patna to take over the management of the whole of the said Industrial Undertaking, namely, M/s. Motipur - Sugar Factory Limited, Motipur, District Muzaffarpur, Bih...
B.K. Dutta Vs. Sm. Nita Madan and anr.
Court: Kolkata
Decided on: Apr-11-1984
Reported in: AIR1984Cal228
ORDERG.N. Ray, J.1. This revisional application under Section 115 of the Civil Procedure Code is directed against Order No. 77 dated May 29, 1981 passed by the learned Munsif, 3rd Court, Alipore in Title Suit No. 317 of 1979. By the impugned order, the learned Munsif allowed the application of one Daljit Singh Madan, the husband of Opposite Party No. 1, Sm. Nita Madan to be added as party defendant in the said Title Suit. The said suit was instituted for eviction of Sm. Nita Madan alleging that she was the tenant in respect of premises No. P-216, Block J, New Alipore. It was alleged by the plaintiff landlord that the said defendant Sm. Nita Madan was a habitual defaulter and she had committed acts of negligence. An application under Section 17 (2) of the West Bengal Premises Tenancy Act was filed by the said defendant No. 1 for determination of the arrear of rents. The Opposite Party No. 2, the husband of Sm. Nita Madan, had also made an application for being added as a party under Ord...
State Trading Corporation of India Vs. Tara Jewellers and ors.
Court: Kolkata
Decided on: Apr-10-1984
Reported in: AIR1986Cal263
ORDER1. State Trading Corporation ofIndia filed this suit against Tara Jewellers and its partners for recovery of a sum of Rs. 5.71.094/- together with interest and cost.2. It was the plaintiff's case that under a contract dated 13th July. 1977 made between (he plaintiff and defendant as the suppliers, the defendants agreed to sell as dealer of silver and bullions on various terms and conditions, to sell for export silver on account of the plaintiff, whereunder it was agreed that the property in the goods exported would pass to the plaintiff. On 7th February, 1979 the plaintiff entered into a contract with the defendant No. 5 Jhonson Matthoy Bankers Ltd., a company incorporated under the appropriate laws of United Kingdom and carrying the business at No. 5, Lloyds Avenue, London, for 9597.63 troy oz. of silver at 730.70 C & F per troy oz. of the total value of S69854.88 equivalent to Rs. 5,71,094/-. To fulfil such contract with the defendant No. 5 the plaintiff duly accepted the offer ...
In Re: Janab Majibullah
Court: Kolkata
Decided on: Apr-10-1984
Reported in: AIR1984Cal249
ORDERG.N. Ray, J. 1. This revisional applicationis directed against Order No. 30 datedMarch'24, 1984 passed in Misc. Case No. 4 of1984 arising out of Title Execution Case no.27 of 1983. It appears that the said Misc.Case No. 4 of 1984 has arisen out of anapplication under Order 21, Rule 97, CivilProcedure Code made by the present petitioner contending inter alia, that he is athird party to the decree and the decreesought to be executed in the Title Execution Case No. 27 of 1983 is not binding onhim. It may be noted that prior to themaking of the said application under Order 21,Rule 97 of the Code, the objector-petitioner filed a suit being Title Suit No. 39of 1980 in the Court of the learned Munsif,Howrah for declaration of the said objectorpetitioner's title to the property in questionas a tenant. The said suit was dismissed;on contest on the finding that the plaintiffhad no tenancy right in the disputed preymises.2. Against the said judgment and dercee, the objector-petitioner has pr...
In Re: Kailash Nath Roy
Court: Kolkata
Decided on: Apr-10-1984
Reported in: AIR1984Cal384
ORDERG.N. Ray, J.1. This revisional application is directed against an order of the Full Bench of the Court of Small Causes, Calcutta under Section 38 of the Presidency Small Cause Courts Act refusing to entertain the application under Section 38 of the said Act. It appears that Suit No. 4506 of 1978 was contested by the parties, but after some hearing the learned Judge was of the view that he had no jurisdiction to entertain the said proceeding and the plaint was therefore directed to be returned. Against such direction for return of the plaint the said application under S. 38 of the Presidency Small Cause Courts Act was made by the plaintiff petitioner.The learned Full Bench of the Small Cause Court, Calcutta by the impugned order has held that the return of the plaint cannot be assailed under Section 38 of the Presidency Small Cause Courts Act and for the said purpose reliance was made on the decision of the Madras High Court made in Ganapathi v. Chunilal reported in : AIR1952Mad594...
24 Parganas Lawyers' Clerks Association and Ors. Vs. State of West Ben ...
Court: Kolkata
Decided on: Apr-09-1984
Reported in: AIR1986Cal205
ORDERChandan Kumar Banerji, J. 1. In this Rule the petitioners have, inter alia, challenged the Registration (West Bengal Amendment) Act, 1981 (West Bengal Act. XLIII of 1981) (hereinafter calledthe 1981 Act) and in particular Section 5 thereof and the Rules framed thereunder being the West Bengal Registration (Deed Writers) Rules, 1982 (hereinafter called the 1982 Rules) as ultra vires Articles 19(1)(g), 246 and 300-A of the Constitution of India. 2. By an Order dated 3rd March, 1983 the West Bengal Deed Writers' Association and Atul Krishna Majumder for self and as the General Secretary of the said Association were added as respondents Nos. 6 and 7 in this Rule. 3. The petitioner No. 1 is an association of licensed Clerks of lawyers and advocates practising in various Courts in the District of 24 Parganas (hereinafter for the sake of brevity called lawyers' clerks). It is the case of the petitioner that the licensed lawyers' clerks are entrusted with the duties of making searches in ...
Arabinda Guha Vs. Giribala Debi and ors.
Court: Kolkata
Decided on: Apr-09-1984
Reported in: AIR1984Cal203
ORDERRam Krishna Sharma, J. 1. This rule arises out of an application filed under Article 227 of the Constitution of India. Arabinda Guha -- the petitioner owned and possessed some laud pertaining to Plot No. 1549 of Mouza Sultanpur. Giribala Devi -- opposite parly filed an application under Section 4 of the West Bengal Acquisition and Settlement of Homestead Land Act. 1969 before the Collector, 24-Parganas, and her case was that she had constructed a house on a land pertaining to plot No. 1549 of Khatian No. 537 measuring .04 acres equivalent to more or less 0.016 hectare where she had been residing continuously since 21st June, 1952. She prayed before the Collector that the said land may be acquired and settled with her under the provision of the aforesaid Act. The petition went to the Sub-Divisional Magistrate, Barrack-pore who, under a Notification of the West Bengal Government dated 27th August, 1969 had been authorised to discharge the function of a Collector under the aforesaid ...
Vishnu Sugar Mills Ltd. Vs. I.S.P. Trading Co.
Court: Kolkata
Decided on: Apr-09-1984
Reported in: AIR1984Cal246,(1985)2CompLJ28(Cal),88CWN945
Anil Kumar Sen, J. 1. This is a revisional application at the instance of the defendant in Commercial Suit No. 336 of 1972 of the 10th Bench, City Civil Court, Calcutta. The order impugned is one dated August 10, 1983. By the order impugned the learned Judge has decided a preliminary issue against the defendant. That preliminary issue is to the effect as to whether the claim put forward in the present suit being Commercial Suit No. 336 of 1972 is barred by principles of res judicata in view of the decree passed in Money Suit No. 126 of 1972 by another court between the parties.2. Certain facts are not in dispute. The plaintiff I. S. P. Trading Company entered into an agreement on October 21, 1971, with the defendant to supply 300 pieces of E. R, W. Steel boiler tubes. The terms and conditions of the agreement were set out in the defendant's letter dated October 21. 1971. The plaintiff instituted Commercial Suit No. 336 of 1972 on the allegation that the plaintiff duly supplied the said...
Asit Baran Chaudhury and anr. Vs. Profulla Chandra Bose
Court: Kolkata
Decided on: Apr-09-1984
Reported in: AIR1984Cal366
S.N. Sanyal, J.1. This revisional application at the instance of the defendants is directed against an order dated August 4, 1981 passed by the learned Additional District Judge, 14th Court, Alipore allowing Misc. Appeal No. 318 of 1980 and thereby setting aside the order returning the plaint passed by the learned Munsif, 4th Court, Seaidah in Title Suit No. 64 of 1974.2. The opposite party instituted the suit under Section 6 of the Specific Relief Act for recovery of possession of the suit premises, being premises No. 167. Gopal Lal Thakur Road. P.S. Baranagar against the petitioners. The opposite party alleged that the petitioner No. 1 on behalf of the petitioner No. 2 proposed to sell the suit premises at the price of Rs. 60,000/- with certain conditions. The opposite party accepted the same and after getting possession of the suit premises from the tenant, renovated the house and remained in possession of the same. In spite of repeated requests the petitioners did not execute and r...
Raj Kumar Banerjee Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-06-1984
Reported in: AIR1985Cal81
B.C. Ray, J.1. These four appeals being F. A. 35/67 and F. As. 503 to 505/67 are directed against the judgment and award made by the Land Acquisition Judge, Calcutta 24 Parganas in L. D. P. Cases Nos. 90, 94 and 95 of 1962 allowing in part on contest with costs. The award made by the Collector was revised in accordance with the findings arrived at in the aforesaid judgment. There was a direction for payment of statutory compensation at the rate of 15% in each case and interest was allowed at the rate of 6% from the date of possession till payment of the awarded sum in each of these cases. The subject-matter of these appeals was in respect of the determination of the market price of the lands comprising of C. S. plots Nos. 90 and 90/434 and plot No. 219 in Mouza Naktolla, P. S. Tollygunge, district 24 Parganas which was notified for acquisition under Section 4 of the Land Development and Planning Act on 19th October, 1950 and simultaneously on the said date a declaration was also made a...
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