Kolkata Court February 1985 Judgments
Engineers (Overseas) Corporation Pvt. Ltd. and anr. Vs. West Bengal Fi ...
Court: Kolkata
Decided on: Feb-28-1985
Reported in: AIR1986Cal132,89CWN700
G.N. Ray, J. 1. This appeal arises out of the judgment and order passed by the learned District Judge, 24-Paraganas on March 17, 1977 in Misc. Case No. 176 of 1970. Engineers (Overseas) Corporation Private Ltd. incorporated and registered under the Companies Act is the appellant in the instant appeal and the said Misc. case arises out of an application made by the West Bengal Financial Corporation a statutory Corporation under the State Financial Corporations Act, 1951 under Sections 31 and 32 of the Act against the Engineers (Overseas) Corporation Ltd. and Sisir Kumar Arnab its Director. The aforesaid application under Sections 31 and 32 of the State Financial Corporations Act (hereinafter referred to as the State Act) was made for sale of mortgage properties belonging to the Engineers (Overseas) Corporation Private Ltd., It was stated in the said application under Sections 31 and 32 that the Engineers (Overseas) Corporation Private Ltd., was engaged in the manufacturing and processin...
Tag this Judgment!Indian Cable Company Limited Vs. Smt. Sumitra Chakraborty
Court: Kolkata
Decided on: Feb-28-1985
Reported in: AIR1985Cal248,1985(1)CHN428,(1985)2CompLJ64(Cal),89CWN559
Anil K. Sen, J. 1. This appeal from an original order is by the plaintiff, the Indian Cable Company Limited (hereinafter referred to as the plaintiff company). The order impugned is one dated May 12, 1983, passed by the learned Subordinate Judge, 3rd Court, Alipore, thereby refusing a prayer for injunction made by the plaintiff on an application under Order 30, Rules 1 and 2 read with Section 151 of the Civil P. C. Such an application was filed in Title Suit No. 206 of 1982 instituted on September 23, 1982. The plaintiff's case as made in the plaint and in the application for injunction is shortly as follows : 2. Since July 1, 1970, the plaintiff company had been a monthly tenant under the defendant/respondent in respect of the suit premises which is a first floor flat at premises No. 510, Jodhpur Park, Calcutta, initially at the monthly rent of Rs. 1,000/- which was increased on the request of the defendant to Rs. 1,184/- with effect from April 1, 1981. The suit property was being use...
Tag this Judgment!Ramendra Kumar Banerjee and ors. Vs. Dy. Secretary (Govt. of West Beng ...
Court: Kolkata
Decided on: Feb-26-1985
Reported in: AIR1986Cal85
ORDERSuhas Chandra Sen, J.1. This petition was moved as listed motion on 9th Nov. 1984. Notice was served upon the Government Pleader, High Court, on 16th Nov. 1984. Nobody appeared to oppose this application. The matter again appeared on the list on 12th Dec. 1984. It was adjourned till 14th Jan. 1985 to appear as contested application. The petitioners were directed to serve all the respondents. The petitioners have filed affidavit-of-service to the effect that all the respondents have been served by registered post. Nobody has appeared to oppose this application nor has any affidavit-in-opposition been filed when the matter was again taken up for hearing on 21st Feb. 1985.2. Under the circumstances the matter is disposed of ex parte.3. The case of the petitioners is that the petitioners are the absolute owners in possession of a tank. The area of the tank has been given in para 2 of the petition. It's tank measuring about 2.01 acres in C.S. and R.S. Plots Nos. 1311. 1320 and portion ...
Tag this Judgment!Dilip Kumar De Vs. Superintendent of Police and ors.
Court: Kolkata
Decided on: Feb-26-1985
Reported in: (1986)IILLJ80Cal
ORDERB.C. Basak, J.1. In this application under Article 226 of the Constitution of India, the petitioner has challenged the order of his reversion as per Memo, dated 12th August, 1980 passed by the Superintendent of Police, Cooch Behar, being Annexure 'F' to the petition. The allegations of the petitioner are as follows:The petitioner was appointed as a temporary Sub-Inspector (RT) of West Bengal Police with effect from 28th August, 1966. While serving as Sub-Inspector of Police the petitioner passed all the departmental examinations prescribed for promotion to the post of Inspector of Police and also completed successfully the 15 weeks' course of training at the Detective Training School Barracl pore. A Departmental Board consisting of inspector General of Police of the State met a conference held on 29th and 30th November, 1976 and after consideration of the records of all eligible officers decided to include the name of the petitioner at the bottom of the existing Trial List in orde...
Tag this Judgment!Himalayan Plywood Industries Pvt. Ltd. and anr. Vs. the Collector of C ...
Court: Kolkata
Decided on: Feb-25-1985
Reported in: 1986(9)LC82(Calcutta)
Sudhir Ranjan Roy, J.1. The petitioner No. 1 is a Company within the meaning of the Companies Act, 1956 and carries on business of manufacturing diverse types of plywood products.2. In or about March 1985 the petitioner-company agreed to purchase, and Sunitomo Corporation of Tokyo (Japan) through its agent in India Messrs. Suniti Private Limited of Calcutta agreed to sell, 100 Metric Tonnes of Phenol 99% at the agreed price of Japanese Yen 185/- per kg. C.I.F. Calcutta and on the terms and conditions as contained in the agreement dated 27th March, 1985 (Annexure 'A').3. Phenol 99% is one of the ingredients for manufacturing diverse types of plywood products, which the petitioner-company uses in its factory at Tinsukia in the State of Assam.4. Customs duty, both Basic and Auxiliary in respect of the Phenol 99% so imported is payable at the rate of 70% and 40% respectively and countervailing duty at the rate of 15%. On the basis of the contractual price of the commodity, assessable value...
Tag this Judgment!inspecting Assistant Vs. Goodricke Group Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Feb-23-1985
Reported in: (1985)12ITD1(Kol.)
1. This is a departmental appeal. The assessee is a non-resident (sterling) company. The proceedings relate to its assessment for the assessment year 1977-78. The appeal was originally allowed by the Calcutta Bench 'A' of the Tribunal comprising of S/Shri Anand Prakash and S. S. Mehra as members vide order dated 18-9-1981. The assessee filed a miscellaneous application on the receipt of the aforesaid appellate order. The Tribunal was requested to recall the appellate order and dispose the appeal afresh according to law. In the alternative, the request was made to pass a supplementary order on points which were stated to have been argued but not dealt with in the appellate order. The Bench, comprising of the same members, heard the parties on the miscellaneous application. Being satisfied that certain important contentions raised by and on behalf of the assessee were not considered by it in the appellate order and that the appellate order suffered from certain patent mistakes, the said...
Tag this Judgment!West Bengal Comprehensive Area Development Corporation and anr. Vs. Sa ...
Court: Kolkata
Decided on: Feb-22-1985
Reported in: AIR1985Cal290,89CWN760
Sudhir Ranjan Roy, J.1. An abortive application for stay under Section 34 of the Arbitration Act is the genesis of the instant appeal by the defendants.2. The defendant No. 1 the West Bengal Comprehensive Area Development Corporation, a statutory body (hereinafter referred to as the Corporation) invited tenders for construction of 'Field channel' at village Upar-Gugui and Mahultaur I and II in the district of Purulia against a tender notice dated February 29, 1981. The plaintiff, Sasanka Sekhar Banerjee (respondent), a contractor, submitted a tender with all formalities which was ultimately accepted by the defendant No. 1. A printed contract form was executed by and between the plaintiff and the defendant No. 1 on the 1st day of June, 1981.3. Clause 25 in the said printed agreement provides for settlement of all disputes arising out of the contract by referring the same to the sole arbitration of the Executive Vice-Chairman of the Corporation or to an Arbitrator to be appointed by him ...
Tag this Judgment!Oriental Fire and General Insurance Co. Ltd. Vs. Murlidhar Gopikissen ...
Court: Kolkata
Decided on: Feb-22-1985
Reported in: AIR1985Cal301
R.N. Pyne, J.1. On the 6th ofDecember 1963 the appellant Oriental Fire & General Insurance Co. Ltd., issued a Policy of Insurance in favour of the respondent Murlidhar Gopikisen Private Ltd, against loss of cash or bank-notes (otherwise than by the infidelity) of the employees of the respondent. The said policy provided, inter alia, as follows:'It is hereby agreed that during the continuance of this policy or any renewal thereof the company shall subject to the provisos and conditions hereinafter stated pay or make good to the insured the amount of any cash or bank-notes belonging to the insured lost otherwise than by the infidelity, fraud or dishonesty of the insured's employees by theft or robbery with or without violence or from any other cause whatsoever while in transit within the limits set forth in the Schedule hereto and in the custody or charge of the insured or his duly authorised representative for the purpose of such transmission but only to the extent set forth in the said...
Tag this Judgment!Union of India (Uoi) Vs. Union Builders
Court: Kolkata
Decided on: Feb-22-1985
Reported in: AIR1985Cal337
Anil Kumar Sen, J. 1. This is an appeal which has lately been assigned to us after remand from the Supreme Court of India. Union of India representing the railway administration is the appellant before us and the appeal is directed against an order dt. May 20, 1983, passed by a learned single Judge of this Court dismissing the appellant's application under Section 30 read with Section 33 Arbitration Act, which was registered as Award Case No. 200 of 1982. The application has been dismissed solely on the ground of limitation. In order to appreciate and decide the points at issue it would be necessary to refer to certain facts which may be set out briefly as follows :2. The respondent, Union Builders, entered into an agreement dt. Dec. 29, 1965, with the South Eastern Railway administration for supply and loading of ballast at two stations, namely, Ghatsila and Dhalbhumgarh. The work under the contract was completed on June 30, 1969, but certain disputes and differences arose between the...
Tag this Judgment!K.C. Bose and Co. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-22-1985
Reported in: (1986)52CTR(Cal)88,[1985]156ITR701(Cal)
Dipak Kumar Sen, J. 1. K.C. Bose & Co. of Calcutta, the assessee, is a firm of chartered accountants constituted at its inception by K. C. Bose and D. Banerjee under a partnership deed dated July 31, 1957. Later, one T. G. Menon was inducted as a partner in the firm when a fresh deed dated July 31, 1960, was executed by the three partners. Under the said deed, the partnership was for a limited period of one year and it was further provided that the goodwill and assets of the firm excluding outstanding professional fees would remain vested with K. C. Bose and D. Banerjee, the former having 75% share therein and the latter the balance 25%. Clause 16 of the said deed provided as follows :'In the event of the death of the party of the first part or the party of the third part during the continuance of the partnership, their shares in the goodwill of the firm would automatically pass on to the continuing partners and as a consideration therefor, in the case of the party of the first part, h...
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