Kolkata Court May 1984 Judgments
Alliance Mills (Lessees) Pvt. Ltd. and anr. Vs. Union of India (Uoi) a ...
Court: Kolkata
Decided on: May-29-1984
Reported in: AIR1985Cal112,[1986]59CompCas194(Cal)
ORDERAjit Kumar Sen Gupta, J. 1. The petitioner company entered into a contract with Nizam Sugar Factory Ltd. of Hyderabad, a Government Company within the meaning of Section 617, Companies Act, 1956 (hereinafter referred to as the Government Company). The said contract was for supply of 12 lacs gunny bags by the petitioner company to the said Government Company at Hyderabad. One of the conditions of the contract was that a sum of Rs. 1,00,000/- should be deposited towards earnest money, either in the shape of cash or Demand Draft or a bank guarantee of a Schedule Bank in favour of the Government Company and should be furnished along with the tender. One of the conditions of the said contract is that in the case of any default by the petitioner either in quantity to be supplied or in the delivery period or in the event of any defect in the quality of gunny bags supplied, the Government Company is entitled to invoke, the Bank Guarantee and purchase the defaulted quantity at the prevaili...
Tag this Judgment!Harish Tara Refractories (P) Ltd. Vs. the Certificate Officer and ors.
Court: Kolkata
Decided on: May-17-1984
Reported in: AIR1985Cal56
ORDERSuhas Chandra Sen, J.1. Ms. Harish Tara Refractories Private Limited, the petitioner herein, is a company having its registered office at No. 31/G, Beadon Row, Calcutta. The company carries on business at Mccluskuegang, Ranchi in the State of Bihar. The petitioner company had entered into several agreements with the State Bank of India, Main Branch, Ranchi, the Respondent No. 3 herein, for cash credit and other facilities. The case of the State Bank of India is that there were various dealings and transactions between the parties and a large sum of money became due and payable by the petitioner company to the Bank. The admitted liability of the petitioner company as on 1st Oct, 1979 was Rs. 31,18,993,55 P. (inclusive of stamp costs). The petitioner company formally closed its business on or about 16th Aug, 1977 and as it had no chance of revival, the bank called upon the petitioner company to pay the accumulated dues together with interest. The Directors of the Company who had gua...
Tag this Judgment!Tollygunge Club Ltd. Vs. Fifth Industrial Tribunal and ors.
Court: Kolkata
Decided on: May-17-1984
Reported in: (1985)ILLJ258Cal
ORDERU.C. Banerjee, J.1. This application is directed against the award of the 5th Industrial Tribunal, West Bengal, in the matter of a dispute between Tolly gunge Club Ltd. and their workman Sri Khalil Mia in pursuance of an order of reference under Section 10 read with, Section 2A. Industrial Disputes Act, 1947. The issue referred to the said Tribunal was:Whether the retirement of Sri Khalil Mia with effect from 1st January, 1979 is justified? To what relief 'if any' is he entitled?2. The 5th Industrial Tribunal held that Sri Khalil Mia was wrongfully retired from the service with effect from 1st January, 1979 even though, the retirement falls due on 1st January, 1985 and as such said Sri Khalil Mia is entitled to be reinstated in his service with immediate effect with all back-wages which have accrued to him during his forced unemployment from 1st January, 1979.3. In order to appreciate the contentions raised I may briefly refer to the facts of this case.4. Khalil Mia, the concerned...
Tag this Judgment!Sm. Krishna Sarbadhikary Vs. Alok Ranjan Sarbadhikary
Court: Kolkata
Decided on: May-16-1984
Reported in: AIR1985Cal431,89CWN156
Chittatosh Mookerjee, J.1. The principal question in this appeal is whether the learned Additional District Judge, 2nd Court, Alipore was justified in dissolving the marriage of the appellant wife with the respondent husband on the ground that she had treated her husband with cruelty within the meaning of Section 13(1)(ia) of the Hindu Marriage Act, 1955.2. On 12th December, 1976 the marriage of the parties took place according to Hindu rites at Baguihati, P. S. Rajarhat, District 24 Parganas. At the time of the marriage, the petitioner, husband (respondent herein) was aged about 36 years and the appellant wife was aged about 28 years. After marriage, they had lived at the husband's joint family residence at 27/1/1B, Jiban Krishna Mitra Road, P. S. Chitpur, District 24 Parganas. The petitioner husband's widqwed mother, his sister who had been divorced from her husband and his three brothers used to live with him. One brother subsequently died. Soon after her marriage, the appellant wif...
Tag this Judgment!Sadhu Mondal Vs. Sarathi Bala Mondal
Court: Kolkata
Decided on: May-14-1984
Reported in: 1985CriLJ979
ORDERS.P. Das Ghosh, J.1. This revisional application under Article 227 of the Constitution is directed against an order passed by the learned Additional Sessions Judge, Third Court, Murshidabad in Criminal Motion No. 86 of 1980, affirming an order of maintenance passed by Sri P. K. Biswas, learned Judicial Magistrate, First Class, Berhampore in M. R. Case No. 272 of 1979 (T. R. 45 of 1980), though reducing the quantum of maintenance per month from Rs. 1007-to Rs. 75A.2. The opposite party, Sarathi Bafe Mandal filed a case under Section 125, Cr. P.C. against the petitioner, Sadhu Mandal, claiming maintenance at the rate of Rs. 250A per month on alleging that she was the legally married wife of the petitioner and had been driven out by the petitioner from his house before about seven years. It was further alleged by the opposite party in that petition under Section 125 Cr. P.C. that the petitioner was living with one Buchirani as husband and wife.3. That petition under Section 125, Cr. ...
Tag this Judgment!Shyam Behari Lohar Vs. Ram Charan Lohar and ors.
Court: Kolkata
Decided on: May-11-1984
Reported in: AIR1985Cal80
G.N. Ray, J. 1. This rule is directed against Order No. 68 dt. May 23, 1979, passed by the learned. Subordinate Judge, 1st Court, Midnapore, in Title Suit No. 46 of 1971. It appears that the said Title Suit was instituted by the plaintiff petitioner for declaration of title and partition against a number of defendants including the defendant No. 3. The said defendant No. 3 was the mother of the plaintiff and she died on September 8, 1977. Admittedly, no application for substitution of the heirs and legal representatives of the deceased defendant No. 3 was made by the plaintiff within the period of limitation but an application under Order 1 Rule 10 of the Civil P C was made by the plaintiff-petitioner on April 17, 1978 for bringing the heirs and legal representatives of the deceased defendant No. 3 on record By the impugned order, the learned Judge has held that as the plaintiff failed to make any application for substitution of heirs and legal representatives within the prescribed per...
Tag this Judgment!Bharat Coking Coal Limited Vs. Aman Minerals Corporation and ors.
Court: Kolkata
Decided on: May-11-1984
Reported in: AIR1985Cal448
Umesh Chandra Banerjee, J.1. This application arises out of an appeal against an order passed by A. K. Janah, J. on 12-4-1984, whereby the learned Judge was pleased to issue a Rule and an ex parte interim order in terms of prayer (f) of the petition which is to the following effect :'(f) Injunction do issue restraining the respondents each one of them by themselves and/or their agents, servants and/or subordinates from giving any effect or further effect and/or taking any step or further steps and/or acting or further acting and/or continue to act on the basis of the impugned orders dt. 28/30-6-83, 16-3-84 and 7-4-84 fully contained in Annexures 'I' & 'L' collectively hereof or withholding any payment or continue tocontinue to withhold any payment out of the transport bill for the period from 1-12-1980 till 1984 and/or till date and further restraining the respondents from effecting any deduction or giving any effect or further effect to the order of deduction if any and/or the securit...
Tag this Judgment!Chotanagpur Builders Vs. Income-tax Officer.
Court: Kolkata
Decided on: May-05-1984
Reported in: [1986]17ITD942(Cal)
ORDERPer Shri B. C. Mitra, Accountant Member - The assessee-firm derives income from contract business. In respect of the assessment year 1976-77, the firms assessment was completed on a total income of Rs. 1,05,310 as against income shown of Rs. 1,02,114. The Commissioner on scrutiny of the records found that there was discrepancy of Rs. 22,000 in the value of the closing stock of materials as shown in the trading account and the balance sheet drawn up for the year ending 5-2-1976. He accordingly, initiated proceedings under section 263 of the Income-tax Act, 1961 (the Act). During the course of hearing before the Commissioner, the assessees learned counsel, Shri A. K. Moitra, admitted that he was not able to reconcile the discrepancy as pointed out in the Commissioners show-cause notice under section 263. The Commissioner was, accordingly of the opinion that the ITOs order of assessment in respect of the assessment year 1976-77 was erroneous insofar as it was prejudicial to the inter...
Tag this Judgment!Hindusthan Sugar Mills and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: May-04-1984
Reported in: AIR1985Cal17
ORDERBankim Chandra Ray, J. 1. This is an application for vacating the interim order passed by this Court on 12th December. 1983, which was in the following terms : --'There will he an interim order in terms of prayer (e) of the petition till the disposal of the Rule upon the petitioner No. 1 furnishing a Bank guarantee for a sum of Rs. 38,67,578.58 as mentioned in paragraph 22 of the petition of any Nationalised Bank at Calcutta in favour of the Registrar. Appellate Side of this Court within two weeks after Christmas vacation. On furnishing such Bank guarantee the respondents are restrained from realising the said amount of Rs. 38,67,578.58 from the petitioner No. 1 and shall permit the petitioner No. 1 to have the said amount credited in the personal Ledger Account maintained for the purpose of Central Excise clearance'.2. It has been stated in the application itself that the Rule that has been issued on the basis of the Writ application that was moved on behalf of the petitioners is...
Tag this Judgment!C.V. Enterprises Vs. Braithwaite and Co. Ltd. and ors.
Court: Kolkata
Decided on: May-04-1984
Reported in: AIR1984Cal306,88CWN840
M.M. Dutt, J.1. In this appeal, the appellant, M/s. C. V. Enterprises, a Partnership firm, has challenged the propriety of the judgment and order dated March 21, 1984 of D. K. Sen, J. dismissing the writ petition of the appellant.2. On September 2, 1982, respondent 1 Braithwaite & Co. Ltd., which is a Government company, issued a notice in the Statesman, Calcutta inviting tenders for the purchase of REP licences that would be issued to respondent 1, inter alia, against the exports of structural to Bahrain and exports of wagons to Vietnam under export contracts registered in 1966-67 and 1978-79. The enclosure to the tender notice was a chart containing particulars of the exports for which the REP licences were applied for. The particulars included the value of REP licences against the exports of wagons to Vietnam as Rs. 45,52,843/- and the exports of structural to Bahrain as Rs. 3,03,988/-. In response to the said notice, the appellant submitted his offer for the purchase of REP licence...
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