Kolkata Court July 1984 Judgments
Durga Charan Vs. Sm. Bhudibala Naskar and ors.
Court: Kolkata
Decided on: Jul-31-1984
Reported in: AIR1985Cal264
S.P. Das Ghosh, J.1. The suit out of which this appeal arises was for granting letters of Administration with a copy of the will annexed to the plaintiff-appellant, Durga Charan alias Durgadas Sardar. One Kali Kumar Naskar was the owner of various properties. He had two brothers, Nabin and Abhoy. Tarak is the son of Nabin. Nanilal and Charan are the sons of Abhoy. Kali Kumar had adopted a son named Phani Bhusan, son of Abhoy. He had a daughter named Gourimani who was married with one Kirtibas Sardar. The plaintiff-appellant Durgadas as well as Madhusudan, Jiban Krishna, Hirendra and Narendra are the sons of Gourimani. Kali Kumar left a will dt. 8-6-1932, corresponding to 25th Jaistha 1339 B. S., bequeathing some of his properties to Gourimani and after her death to her son, son's son and heirs in succession and to his adopted son, Phani Bhusan and making provisions for his widowed sister-in-law, Smt. Fulmani Dasi. His wife Jnanada Mani was appointed as executrix and his son-in-law, Kir...
Tag this Judgment!Harbans Singh Saluja Vs. Building Tribunal, Corporation of Calcutta an ...
Court: Kolkata
Decided on: Jul-31-1984
Reported in: AIR1985Cal168
1. This appeal has been preferred by the appellants, Harbans Singh Saluja, against the judgment of a learned single Judge of this Court whereby the learned Judge discharged the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution.2. The appellant moved this Court under Article 226 of the Constitution challenging the validity of the order of Deputy Commissioner of the Corporation of Calcutta ordering the demolition of a shed in occupation of the appellant and also the order of the President of the Building Tribunal affirming the said order of demolition of the Deputy Commissioner.3. The appellant claims to be a tenant of a premises consisting of a garage in the ground floor, a mezzanine floor room above the said garage and an asbestos shed in the ground floor situated in the south eastern portion of the premises No. 207A, Park Street, Calcutta, under the Respondent 5, Sm. Urmila Debi. It appears that on the complaint of the respondent 5, the Corpora...
Tag this Judgment!Barnik Ray Alias Harekrishna Ray Vs. West Bengal Housing Board and anr ...
Court: Kolkata
Decided on: Jul-30-1984
Reported in: AIR1985Cal362,88CWN1025
Anil K. Sen, J.1. An application under Order 6, Rule 17 of the C.P.C. filed at a very late stage having been dismissed by the learned Judge, 3rd Bench, City Civil Court, Calcutta, by an order dt. June 16, 1984, the plaintiff has preferred the present revisional application.2. The suit was instituted by the plaintiff for specific performance of a contract for sale of a flat at Karunamoyee Housing Estate, Salt Lake City, Calcutta. In drawing up the plaint it is quite evident that the plaintiff overlooked the amended provisions of Section 16(c) of the Specific Relief Act. Though the claim for specific performance was really based on implied pleadings envisaged by the said clause, there was no express pleading to the effect that the plaintiff had always been ready and willing to perform the essential terms of the contract which are to be performed by him. Parties led evidence. Plaintiff too led evidence on the point and he was subjected to cross-examination. At the stage of argument the af...
Tag this Judgment!Central Bank of India Vs. Tauras Foundry Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Jul-27-1984
Reported in: AIR1985Cal35
D.K. Sen, J. 1. The Central Bank of India instituted the above suit against Tauras Foundry (sic) Limited and three of its directors on 2-12-1982 claiming, inter alia, a decree for Rs. 33,25,206.78 p; a declaration, if necessary, that the goods specified in the plaint are charged or hypothecated for payment of the plaintiff's claim and a decree for sale of the same with liberty to the plaintiff to appropriate the balance proceeds of the same in pro tanto satisfaction of the plaintiff's claim. 2. The claim of the plaintiff is alleged to have arisen in respect of three accounts of the defendant company with the former, namely, current (over-draft) account where a sum of Rs. 17,45,4171p. is stated to be due; a Packing Credit account where a sum of Rs. 12,03,156.15p. is stated to be due and Export Bill Discounting account where a sum of Rs. 3,76.732.26p. is stated to be due. 3. The plaintiff alleges that the defendants executed, inter alia, a letter of hypothecation dated 12-12-1979 to secu...
Tag this Judgment!Bamandas Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-27-1984
Reported in: AIR1985Cal159
ORDER1. This application has been filed by the Respondents Nos. 1, 2 and 3 being the State of West Bengal, First Land Acquisition Collector and Superintendent, Calcutta, Acquisition Collector's Office for vacating theinterim order passed by A.K. Janah J. on 31 st Oct., 1983. The writ petitioner challenged the purported acquisition of land at the premises Nos. 24B, 25B, Ram Kama Bose Street, Calcutta, under the Land Acquisition Act, 1894. The purported acquisition was, inter alia, of domestic and residential biddings for the purpoe of expansion of a Girls' College, namely Maharani Kashiswari College at Calcutta. A. K. Janah J. passed the interim order restraining the respondents from giving any effect to or further effect to the impugned notification and from proceeding with the acquisition of the premises until alternative accommodation is provided to the writ petitioner.2. The case of the writ petitioner is that the land comprising of premises Nos. 24B, 25A and 25B, Ram Kanta Bose Str...
Tag this Judgment!Sm. Chinmoyee Saha Vs. Debendra Lal Saha and ors.
Court: Kolkata
Decided on: Jul-27-1984
Reported in: AIR1985Cal349,89CWN832
Sankari Prasad Das Ghosh, J. 1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 9th Court, 24 Parganas, in O.S. No. 8 of 1979. The propounder, Sm. Chinmoyee Saha, is the appellant.2. One Shiblal Saha was the owner of premises No. 1, Hazra Road, Calcutta-26 and premises No. 24, Basantalal Saha Road, Calcutta-53. There was a rice mill under the name and style of Satyanarayan Rice Mill at 24, Basantalal Saha Road. Sundari Saha was the wife of Shiblal Shiblal adopted a son named Kishorilal Saha, who died on 8-2-1957. Kishori had two wives, Phulrani and Anima. Debendra, Rajendra, Narender and Manindra are the sons of Kishori by Phulrani. Jogmaya and Mahamaya are their two daughters. Shiblal died on 6-1-1964. Sundari died on 13-4-1970. Prior to her death, Sundari executed a Will dated 10-2-1970 under which Netai and Gour, the sons of Debendra, were made the legatees and Chinmoyee Saha, the wife of Debendra, was appointed as executrix. ...
Tag this Judgment!Guest Keen Williams Ltd. Vs. Controller of Patents and Designs
Court: Kolkata
Decided on: Jul-26-1984
Reported in: AIR1985Cal334
ORDERPadma Khastgir, J.1. The petitioner Guest Keen Williams Ltd., cany on business in manufacture and sale of divers equipments and products, connected with the operation of the railways in India and abroad. According to the petitioner, sometime before 1976 the petitioner invented a rail clip adapter for the purpose of fitting in the railway track assembly. On the 8th June, 1976 the petitioner applied for grant of a patent in favour of the petitioner in regard to the said adapter, being application for patent No. 145211 and along with the said application filed a complete specification of the said adapter. Thereafter the respondent No. 4, that is the Research, Designs & Standards Organisation of the Ministry of Railways, filed an opposition to the said application on 31st Jan., 1979 inter alia on the ground of prior public knowledge and prior public use in India of the petitioner's invention as claimed. The said opposition was filed in accordance with Rules 35 and 36 of the Patents Ru...
Tag this Judgment!Mangal Chand and Sons Vs. Central Board of Direct Taxes and ors.
Court: Kolkata
Decided on: Jul-25-1984
Reported in: [1985]155ITR344(Cal)
Amitabha Dutta, J.1. In this writ petition, the petitioner, Mangal Chand & Sons, a partnership firm having its head office and principal place of business situated at Calcutta, challenges the order dated November 15, 1978, passed under Section 127(1) of the I.T. Act, 1961, a copy of which is annexure-C to the writ petition by which the Central Board of Direct Taxes ('CBDT' for short) transferred the case of the petitioner from the Income-tax Officer ('ITO' for short), District V(1), Survey Ward, Calcutta, to the ITO, District III(18), New Delhi.2. The petitioner's case may be briefly stated. The petitioner is regularly assessed under the provisions of the I.T. Act at Calcutta and all the relevant books of account in connection with the business of the petitioner are kept at Calcutta. A purported notice dated October 19, 1978 from respondent No. 3, Under Secretary, CBDT, proposed to transfer the case of the petitioner from the ITO, District V(1), Survey Ward, Calcutta, to the ITO, Dist....
Tag this Judgment!Adhish Chandra Sinha Vs. Hindusthan Gas and Industries Ltd. and anr.
Court: Kolkata
Decided on: Jul-24-1984
Reported in: AIR1985Cal154,88CWN949
Anil K. Sen, J.1. This revisional application at the instance of the plaintiff raises a short point as to whether the plaintiff's suit should be stayed pending an earlier suit brought by the defendant against the plaintiff. Such a stay had been granted by the learned Subordinate Judge, 2nd Court, Alipore, by an order dated Nov. 19, 1983, passed in Title Suit No. 37/81 and feeling aggrieved, the plaintiff has preferred the present revisional application. The application is being heard on notice to and on contest by the defendant.2. The suit, which has been stayed by the impugned order, namely, Title Suit No. 37/81 (hereinafter referred to as the Alipore suit), is a suit for ejectment based on three-fold grounds contemplated by Section 13(1)(ff) (h) and (j) and (k) of the West Bengal Premises Tenancy Act and for mesne profits. The plaintiffs case shortly is that on the expiry of the tenure of a registered lease the defendant was allowed to occupy the suit premises as a monthly tenant for...
Tag this Judgment!S. Paul and Co. Vs. State of Tripura and ors.
Court: Kolkata
Decided on: Jul-23-1984
Reported in: AIR1984Cal378
ORDERAmitabha Dutta, J.1. The petitioner M/s. S. Paul & Co., a registered firm was appointed sole agent for sale of Tripura State Lottery Tickets by a concluded contract of agency in the form of written agreement dt. 23rd Oct. 1982, in modification of an earlier agreement dt. 12th Nov. 1981 and the sole agency continued till the 166th draw of the lottery which was scheduled to be held on Oct. 4, 1983, after which it stood terminated by mutual agreement.2. Clauses 8, 9 and 16 of the said agreement dt. 23rd Oct. 1982 (Annexure 'A' to the writ petition) were as follows : --'8. That in consideration of the grant of the sole agency the sole agent shall pay to the Government a sum equivalent to 60% of the value of the tickets, balance 40% being retained by the sole agent as commission including expenses on publication of result, publicity for the lottery, checking of tickets and other organisational and administrative expenses of the sole agency. That it shall be obligatory for the sole agen...
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