Kolkata Court July 1985 Judgments
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The Commonwealth Assurance Co. Ltd., the New India Assurance Co. Ltd. ...
Court: Kolkata
Decided on: Jul-23-1985
Reported in: 2(1985)ACC374
M.M. Dutt, J.This appeal is at the instance of the New India Assurance Co. Ltd., and directed against the award dated January 15, 1972 of the Motor Accidents Claims Tribunal.2. The respondent Smt. Nilima Sarkar filed three applications under Sections 110-A of the Motor Vehicles Act, 1939, hereinafter referred to as the Act, praying for an award of compensation for herself, her husband and her son. Her case was that her husband, late Sukumar Sarkar, was at the relevant time an Assistant Commissioner of Commercial Taxes, Singhbhum Jamshedpur, under the Government of Bihar. He came to Calcutta along with his wife, the respondent and his children by road in his private Ambassador car during Christmas holidays. After spending the holidays, he was going back to Jamshedpur by road in the same car. Shorn of other details, it may be stated that when his car reached Samudrapur, a place within 10 miles off Kharagpur, along the Bombay Road, it came face to face with a Truck (WGB 1760) from the opp...
Amiya Kumar Mukherjee Vs. Jagannath Ghosh
Court: Kolkata
Decided on: Jul-22-1985
Reported in: AIR1987Cal15
ORDERSatish Chandra, C.J. 1. This is a defendant's application in revision. The suit was for recovery of Rs. 2133.33.2. The plaintiff-opposite party alleged that he was a monthly tenant in the premises. Since 1970, the defendant was the landlord. The defendant had agreed that he will supply tap water to the plaintiff from 8.30 a.m. to 9.30 a.m. and 3.30 p.m. to 5.30 p.m. But since Mar. 1975 the defendant stopped the supply of water. The plaintiff had to purchase water from outside through a water carrier. He had to pay Rs. 2133.33 for it from May 1975 to Aprl. 1978. The defence was that the Corporation supplied water at low pressure. Hence the difficulty. The defendant was not responsible. He denied the claim.3. The Judge of Small Causes Court held that the low pressure of the water supplied by the Corporation, was the cause of non-supply of water to the plaintiff. The defendant was not liable. The plaintiff's case that he had paid the stated amount for purchasing water from outside wa...
Provat Kumar Chatterjee Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-22-1985
Reported in: AIR1986Cal270
ORDERParitosh K. Mukherjee, J.1. The present writ petitioner is a Guarantor to Purulia Co-operative Bank Ltd. (hereinafter referred to as the said Bank) for obtaining loan of Rs. 45,000/- at an interest of 10% per annum by the Respondent Nos. 7 and 8, namely, Biswanath Chaterjee and Sm. Tapati Chatterjee who are carrying on business under the name and style of Bichitra Sales Corporation at Purulia, dealing in various kinds of electrical goods etc.2. The Respondents Nos. 7 and 8, however, failed to repay Rs. 44,999.99 on account of 'principal' and Rs. 6,743,40 on account of 'interest' after expiry of the relevant date i.e. June 28, 1975 and accordingly, the Bank, by service of registered notice dated Oct. 30, 1975, called upon the said Respondents Nos. 7 and 8 to repay the said amount.3. Thereafter, a dispute under Section 86 of the West Bengal Co-operative Societies Act, 1973 (hereinafter referred to as the said Act) was raised before the Assistant Registrar. Co-operative Societies, Pu...
Commissioner of Income-tax Vs. B.N. Elias and Co. (P.) Ltd.
Court: Kolkata
Decided on: Jul-22-1985
Reported in: [1986]160ITR45(Cal)
Dipak Kumar Sen, J. 1. M/s. B. N. Elias & Co. (P.) Ltd., the assessee, was assessed to income-tax in the assessment year 1971-72, the relevant accounting year ending on September 30, 1970. The assessee had 127 creditors to whom diverse amounts were due by the assessee by way of sundry trade liabilities aggregating to Rs. 1,81,380. The said dues had remained unclaimed for more than three years and in the accounting year involved, the assessee wrote off the said debts in his accounts making corresponding credit entries in the profit and loss account. The assessee contended that the said amount was not taxable as there was neither remission nor cessation of the liabilities. The Income-tax Officer found that the amounts had remained unclaimed for the years in question, that they had become barred by limitation and the assessee's liabilities for the claims had ceased. He held that the said amount should be treated asbusiness income of the assesses under Section 41(1) of the Income-tax Act, ...
Khirode Chandra Dhar Vs. P.B. Venkatasubramanium and ors.
Court: Kolkata
Decided on: Jul-21-1985
Reported in: 1987(11)ECC381
Manoj Kumar Mukherjee, J.1. This appeal under Section 23EE of the Foreign Exchange Regulation Act, 1947 ('Act' for short) is directed against an order passed by the Foreign Exchange Regulation Appellate Board, confirming an order of the Director of Enforcement imposing a penalty of Rs. 40,000 on the appellant herein.2. The case against the appellant was as follows. Acting on a secret information, some officers of the Enforcement Directorate searched the business premises of the appellant at 7/4, Watgunge Street, Calcutta on April 25, 1968. In course of the search currencies of different foreign countries including 1273 US dollars and 20,700 Japanese yen were recovered. When the search was in progress there was a telephone call for the appellant which was attended to by a search witness present there. The caller, who did not disclose his identity, enquired as to whether 'the goods' were ready for delivery, and in reply thereto the search witness asked him to come to the spot. After some...
Surya Investment Company Vs. State Trading Corporation of India Ltd.
Court: Kolkata
Decided on: Jul-19-1985
Reported in: AIR1987Cal46
ORDERAjit Kumar Sengupta, J.1. In this application made by the plaintiff on 19th Jan., 1985 the plaintiff has asked for the following reliefs :a) The Receiver Mr. Sunil K. Mitra be directed and empowered to hand over Rs. 5 lakhs deposited with him by the defendant together with all accretions thereon to the petitioner and the petitioner be given liberty to accept the same in pro tanto satisfaction of its claim in this suit.b) Receiver be empowered to encash the fixed deposit receipt for the purpose of making payment to the petitioner.c) The defendant be directed to pay Rs. 80,000/- to the petitioner within fortnight from the date of the order on account of charges for the storage tank from May 1984 to Dec. 1984 and the petitioner be allowed to receive the same without prejudice to its claim in the suit.d) The defendant be directed to pay monthly storage charges in respect of such storage tank namely GEM-8 at the present market rent of Rs. 3,85,000/- or alternatively at the rate or Rs. ...
Coal India Ltd. Vs. Regional Labour Commissioner and ors.
Court: Kolkata
Decided on: Jul-15-1985
Reported in: 90CWN370,(1994)IIILLJ825Cal
P.K. Mukherjee, J.1. The short point that calls for determination in this case is whether an employee is entitled to the gratuity in terms of Section 4 of the Payment of Gratuity Act, 1972, after leaving the service and being re-appointed subsequently by the Company, as, in view of clear provisions contained in the said section that gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not more than five years.(a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease. 2. In this matter, the employee claimed a sum of Rs. 4,745.25 ps. being gratuity payable to him, on the basis of 19 years of continuous service, and the controlling authority refused the claim but in an appeal, the Appellate Authority had allowed the claim and the petitioner moved the present writ petition against the appellate order.3. Although the Rule was issued by this Court as...
Monika Banerjee Vs. Biswabikash Sengupta
Court: Kolkata
Decided on: Jul-12-1985
Reported in: AIR1986Cal113,90CWN858
M.M. Dutt, J. 1. This application under Section 115 of the Code of Civil Procedure is at the instance of the defendant, and it is directed against order No. 59 dt. Dec. 5, 1984 of the 5th Court of the Assistant District Judge, Alipore. By the said order, the learned Assistant District Judge allowed the prayer of the plaintiff for the amendment of the plaint.2. The plaintiff has filed a suit against the defendant for the specific performance of an agreement for sale dt. May 15, 1977. It is the plaintiffs case that on May 15, 1977, the defendant agreed to sell plot No. 877, Block 'A', Lake Town, Calcutta comprising an area of 6 cottahs 14 chhataks 37 sft. for a consideration of Rs. 75,500/- and accepted from the plaintiff a sum of Rs. 15,001/- by way of earnest money. The plaintiff also paid from time to time a further sum of Rs. 13,000/- to the defendant. Further, the case of the plaintiff is that the defendant agreed to sell the disputed plot in two stages, namely, the front portion me...
Shew Kumar Nopany Vs. Grindlays Bank Limited
Court: Kolkata
Decided on: Jul-12-1985
Reported in: AIR1986Cal328
Dipak Kumar Sen, J. 1. A decree waspassed in Suit No. 775 of 1980 in favour of the plaintiff, Grindlays Bank Ltd. on the 2nd March, 1981 for Rs. 36,02,511.67 P. with interest at the rate of 15% per annum from the 1st August, 1980 till realisation against the defendants Ramacast Limited, a limited company. Shew Prosad Nopany and Bimal Kumar Nopany, two Directors of the company, in their capacity as guarantors.2. On an application of the plaintiff, the said decree was transmitted to the District Court, Alipore for execution in respect of a property belonging to Shew Prosad Nopany, the defendant No. 2 situated within the jurisdiction of the said District Court. The said execution proceeding is still pending. On the 28th February, 1984 the plaintiff after the transmission of the said decree filed another Tabular Statement in this Court praying for examination of Shew Prosad Nopany and Bimal Kumar Nopany two of the judgment-debtors in this Court under Order 21, Rule 41 of the Code of Civil ...
Thakur Chandra Nandi Vs. Arun Kumar Roy Chowdhury
Court: Kolkata
Decided on: Jul-10-1985
Reported in: AIR1986Cal249
Sudhir Ranjan Roy, J. 1. The plaintiffs suit for ejectment being Title Suit No. 163 of 1977 of the learned Third Court of the Munsif at Sealdah having been dismissed, he moved up in appeal and the appeal being Title Appeal No. 71 of 1981 of the learned 9th Court of the Additional District Judge at Alipore. having been proved to be abortive, he has come up in second appeal before this Court.2. The facts are as follows : The defendant respondent is a tenant under the plaintiff in respect of the suit premises as described in the schedule to the plaint at a monthly rental of Rs. 115/- payable according to the English Calendar month. As the plaintiff required the suit premises for his own use and occupation, he terminated the defendant's tenancy by a notice to quit dated Jan. 8, 1977 and the defendant was asked to quit and vacate the suit premises on the expiry of the month of Feb. 1977.3. But in spite of the notice having been duly served upon him, the defendant failed and neglected to qui...
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