Kolkata Court September 1986 Judgments
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United Bank of India Vs. the New Glencoe Tea Co. Ltd.
Court: Kolkata
Decided on: Sep-03-1986
Reported in: AIR1987Cal143,[1987]62CompCas762(Cal)
Sen, C.J.1. This is an appeal by the plaintiff United Bank of India. It arises out of O. S. Suit No. 460 of 1983. The appeal is directed against the judgment and decree dated May 23, 1986 passed by a learned single Judge of this court. That decree had been passed partly in favour of the plaintiff but the plaintiff has felt aggrieved by the reduced interest -- both interim and on judgment and by the instalments granted by the learned Judge in decreeing the plaintiff's claim.2. The plaintiff-appellant had lent and advanced various amounts to the defendant No. 1, The New Glencoe Tea Company Ltd. on hypothecation of moveables including the plants, machinery, stores, raw materials, finished and semi finished products etc. In 1983 the plaintiff instituted the above suit against the defendants for a decree for Rs. 58,41,677,25, interim interest and interest on judgment at the rate of Rs. 18 per cent; for a declaration that moveables specified in the Schedule stand charged and/or mortgaged in ...
Sudhir Ch. Biswas Vs. the State
Court: Kolkata
Decided on: Sep-03-1986
Reported in: 1987CriLJ863
ORDERGobinda Chandra Chatterjee, J.1. Convicted of two offences, - one Under Section 302, I.P.C. for murdering his wife (Kalidasi) with a dagger and another Under Section 324, I.P.C. for causing hurt to his mother-in-law with the same self dagger and sentenced to R.I. for life and also to a fine of Rs. 1000/- for the first offence and to R.I. for one year for the second offence, the accused Sudhir Ch. Biswas has come up in appeal before us. Sudhir Ch. Biswas is in jail now. Briefly put the prosecution case as against him stood as follows:2. The village Berkamgachi and the village Birnagar are situate side by side within the P. S. Ranaghat in Nadia district (vide evidence in chief of P.W. 13). On 24-12-80 Smtv Gauridasi (P.W. 10) mother-in-law of the accused Sudhir was coming to her own village Birnagar via Berkamgachi being accompanied by her daughter Kalidasi Biswas and her son-in-law Sudhir himself. It would be at about 4.30 p.m. then. While they were passing through the way near Ber...
Commissioner of Income-tax Vs. Indian Molasses Co. (P.) Ltd.
Court: Kolkata
Decided on: Sep-02-1986
Reported in: (1987)60CTR(Cal)8,[1987]166ITR740(Cal)
Dipak Kumar Sen, J.1. The relevant facts which have been found or are admitted and the earlier proceedings leading up to this reference are, inter alia, as follows :The Indian Molasses Co. (P.) Ltd., the assessee, a private limited company, appointed one J.B.R. Harvey in its service some time in 1935. It was a term of the employment that the employee in normal course would retire on attaining the age of 55 years on September 20, 1955. It was also arranged or understood that the employee would be entitled to receive a pension from the assessee when he retired. J.B. Harvey ultimately became the managing director of the assessee. On September 16, 1948, the assessee executed a deed of trust appointing three trustees with the object of providing a pension to the employee. In the same year, i.e., 1948, the assessee set apart and made over a sum of Rs. 1,09,643 to the said trustees.2. The assessee also decided to pay and paid thereafter a sum of Rs. 4,364 per annum for six consecutive years t...
Darshan Lal Rameshchand Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Sep-02-1986
Reported in: [1987]64STC186(Cal)
A.K. Sengupta, J.1. This application has been made by a partnership firm registered on 1st April, 1968 and a partner thereof challenging the action of the sales tax authorities in allowing the amendment of the registration certificate from a prospective date. The facts of this case are shortly stated hereafter:2. The petitioner-firm owns 3 (three) tea gardens viz., Khanga, Shakamato in Assam and Putharjhora in Jalpaiguri. The said Putharjhora tea garden was purchased by the petitioner from M/s. Meanglass Tea Co. Ltd., a registered company in England and managed by M/s. Duncan Brothers & Co. Ltd. The deed of sale was executed on 30th March, 1971. The deed provided that sale would take place on 1st January, 1971 and all the taxes and liabilities of the said tea garden will be borne by the buyer. However, the said sale of the said garden was subject to approval of the Reserve Bank of India. It was provided by an agreement that till the approval and permission of the Reserve Bank of India ...
Pabitra Kumar Das and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-01-1986
Reported in: AIR1987Cal243
ORDERPrabir Kumar Majumdar, J.1. In or about May, 1986 an advertisement was published in Mugantar' Patrika by and on behalf of the Government of West Bengal and Director of Health Services inviting sealed tenders for the purpose of supply of dietary articles to the various hospitals and institutions for the year 1986-87.2. The tender schedule for 1986-87, contain terms and conditions. It is, inter alia, provided therein that the tenderers would be required to produce up to date Sales Tax clearance certificate. Income Tax clearance certificate and contracts or orders would be awarded only to those concerns which can produce valid Sales Tax clearance certificate and Income Tax clearance certificate. It is further provided that the contracts or orders if awarded would be withdrawn if later enquiry proved otherwise. It is further provided that no firm except those who had participated earlier in diet tender of this Directorate, namely. Directorate of Health Services, would be accepted for ...
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