Kolkata Court July 1989 Judgments
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Ramnuggar Cane and Sugar Co. Ltd. and ors. Vs. Assistant Registrar of ...
Court: Kolkata
Decided on: Jul-26-1989
Reported in: 1989CriLJ2395
A.M. Bhattacharjee, J.1. The only question involved in these three revisional applications is whether the offence for which the impugned prosecutions have been launched against the petitioners under Rule 11 of the Companies (Acceptance of Deposits) Rules, 1975 for the contravention of Rule 10 thereof, framed under Section 58A read with Section 642 of the Companies Act, 1956, are continuing offences within the meaning of the aforesaid Rule 11 and Section 472, Cr. P.C. If the answer is in the affirmative, the prosecutions are not barred by limitation and the Rules are to be discharged, that being the only ground urged in support of the Rules. Bui if the answer is in the negative, the prosecutions are undisputedly barred by limitation and the rules are to be made absolute.2. Rule 10 of the Companies (Acceptance of Deposit) Rules, 1975 provides that 'every Company to which these Rules apply shall on or before the 30th day of June of every year. file with the Registrar, a return in the Form...
Indian Iron and Steel Co. Ltd. Vs. the Sautna Stone and Lime Co. Ltd.
Court: Kolkata
Decided on: Jul-25-1989
Reported in: AIR1991Cal3
ORDERBimal Chandra Basak, J.1. This appeal is directed against an order passed by learned trial Judge whereby the application made by the appellant herein for setting aside the award passed by the Tribunal of Arbitration of the Bengal Chamber of Commerce and Industry was dismissed.FACTS 2. The brief facts of this case are as follows:There was an agreement between the appellant and the respondent whereby the respondent agreed to sell to the appellant lime stone from the existing mines of the respondent at Satna Siding at Satna in Madhya Pradesh.3. Clause 19 of the said agreement provided an arbitration clause which is as follows:--'19 Arbitration, should any dispute or difference arise between the parties in regard to the construction, effect or meaning of anything in this agreement, such difference will be referred to the Tribunal of Arbitration of the Bengal Chamber of Commerce and the decision of such Tribunal shall be binding on the parties and the provisions of the Indian Arbitrati...
Utpal Bose and Others Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Jul-24-1989
Reported in: AIR1991Cal48
ORDER1. The change in the socio-economic condition of the country has resulted in the building construction activity a phemomemal upward trend. To meet the growing demand in the construction of building activity, there was an upsurge of under-qualified persons describing themselves as architects and resulting in unsafe work of construction. The Architects Act, 1972 was engrafted in the Statute Book to provide for the registration of architects so as to eradicate the unqualified and under-qualified persons taking upon the responsibility in that regard as architects.2. Section 25 of the Act of 1972 provides that a person shall be entitled, on payment of a fee as may be prescribed by the Rules, to have his name entered in the register, if he resides or carries on the profession of the architect in India and holds a recognised qualification. S. 29 provides that the Council established in terms of the Act is empowered to remove the name of any architect from the register to be maintained in...
Commissioner of Income-tax Vs. Shaw Wallace and Co. Ltd.
Court: Kolkata
Decided on: Jul-24-1989
Reported in: [1993]199ITR105(Cal)
Ajjt K. Sengupta, J. 1. At the instance of the Commissioner of Income-tax, the following question of law has been referred to this court under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1964-65 :' Whether, on the facts and in the circumstances of the case, the Tribunal was correct in its finding that the order passed by the Income-tax Officer under Section 154 on April 5, 1979, was barred by limitation ?'2. The facts shortly stated are that, in the assessment for the assessment year 1964-65, there was a mistake in not charging additional tax on dividend distributed during the previous year ended December 31, 1963 (Rs. 5,62,000) by way of reduction in rebate of super tax in terms of the provisions of the Finance Act, 1964. Since the mistake was apparent from the record, the Income-tax Officer issued a notice under Section 154 dated March 19, 1979, for rectification of the order passed to give effect to the order made by the Tribunal under Section 254 of the Act ...
Commissioner of Income-tax Vs. Britannia Industries Ltd.
Court: Kolkata
Decided on: Jul-24-1989
Reported in: [1992]198ITR225(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1977-78, the following question of law has been referred to this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting Rs. 43,700 added by the Income-tax Officer under Section 40A(5) of the Income-tax Act, 1961, on the sale of the assessee-company's motor cars to its employees at concessional rate ?'2. The facts relating to this reference are that the assessee sold seven of its old cars to its employees at more or less the written down value of such cars. The said cars were purchased during the period 1967 to 1971. The Income-tax Officer took the view that the fair market value at which the said cars could be sold was much higher and he was of the view that the fair market value at which the said cars could be sold was Rs. 77,500. Deducting therefrom the purchase price of Rs. 33,740, the Income-tax Officer treated the d...
Vittal Bhai Patel Vs. Sm. Puspa Debi
Court: Kolkata
Decided on: Jul-24-1989
Reported in: (1989)2CALLT434(HC)
L.M. Ghosh, J.1. Ejectment Suit No. 142 of 1978 was filed in the 6th Court of the City Civil Court, Calcutta for ejectment of the defendant-tenant on the sole ground of reasonable requirement. The plaintiff also referred to a notice to quit dated 24-11-77. The plaintiff stated that her family consisted of three sons and grand-children. Elaborating further, the plaintiff stated that two of her sons were married and hex eldest had three-daughters, aged between 4 years and 11 years, all of them school students. The other married son of the plaintiff, as stated originally in the plaint, got one son who was taken 2 years old. Then again, the plaintiff referred to the fact that another son of the plaintiff had attained marriageable age and he could not be given in marriage for want of accommodation. The plaintiff was in occupation of one interconnected room and a room, kitchen room and three asbestos sheds and a tin shed, as per the plaint.2. By a subsequent amendment, the plaintiff averred ...
Hindusthan Lever Sramik Karmachary Congress Vs. Ashish Chakraborty and ...
Court: Kolkata
Decided on: Jul-21-1989
Reported in: (1989)2CALLT283(HC)
K.M. Yusuf, J.1. This is a hotly contested revisional application. The plaintiff-petitioner has moved this Court against the order, dated 14th March, 1989 passed by the Additional District Judge, 5th Court, Alipore, in Misc. Appeal No. 630 of 1989 affirming the order, dated 21st December, 1988 passed by the learned Munsif, 3rd Court, Alipore, in T.S. No. 292 of 1988. Both the Courts below concurred in their decisions by not allowing the interim order of injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. The facts of the case briefly are as under :The petitioner instituted a suit, inter alia, for declaration that the defendant-opposite parties Nos. 1 to 13 have no right to function as the Executive Committee of the Hindusthan Lever Sramik Karmachary Congress and the Executive Committee of the petitioner-union representing the majority workers is legally constituted and elected Executive Committee having the authority to represent union and also...
Eastern Spinning Mills Limited Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-21-1989
Reported in: 1991LC162(Calcutta),1989(43)ELT638(Cal)
Susanta Chatterji, J.1. The present Rule was obtained on 20-11-1980 by the petitioners Eastern Spinning Mills Ltd. and Another praying, inter alia, for a Writ of Mandamus for commanding the respondents to forbear from giving any effect or further effect or taking any step whatsoever pursuant to and/or furtherance of the purported Notification Nos. 214-Customs/80 and 215-Customs/80 both dated November 1, 1980 and the other purported Notification dated June 19,1980 and all proceedings relating thereto and/or from demanding any basic duty of customs or any countervailing duty in excess of Rs. 2.37 P. per kg. on the viscose staple fibre imported by the petitioner Company as mentioned in and pursuant to the contracts in Annexure 'D' prior to December 31,1980.2. It is stated that the Notifications dated 5th January, 1979 as amended by Notification dated October 30, 1979 clearly stated that the exemption granted thereunder would remain in force upto and inclusive of December 31, 1980. Represe...
Jankinath Sen and ors. Vs. AustIn Distributors Pvt. Ltd.
Court: Kolkata
Decided on: Jul-20-1989
Reported in: (1989)2CALLT280(HC)
S.K. Mookherjee, J.1. The instant application is at the instance of plaintiff/appellants in the connected Second Appeal, which is directed against a judgment of reversal, dismissing the plaintiff's suit for recovery of possession of the suit premises, inter alia, on the ground of expiry of the lease in favour of the respondent No. 1. From the records it appears that during the pendency of the appeal an application for transposition from the category of appellants to the category of respondents had been filed on 29th of May, 1984 by Sambhu Nath Seal, Raghunath Dhar and Biswanath Dhar, who were appellants Nos. 9 to 11 respectively. During the pendency of the said application, appellant No. 9, Sambhu Nath Seal, died on 14th July, 1984, leaving behind him surviving opposite party No. 4, Smt. Rekha Dutta, daughter, Smt. Rai Sundari Seal, the surviving mother of the said Sambhu Nath Seal and his widow Smt. Lokshmi Sona Seal (the widow having died Subsequently). By an order dated 23rd of July...
M/S. Arora and Sons Vs. Debi Prasad Khanna
Court: Kolkata
Decided on: Jul-19-1989
Reported in: AIR1990Cal216,(1990)1CALLT11(HC),1989(2)CHN27
ORDERM.R. Mallick, J.1. This is an appeal against the Original Judgment and decree passed by Sri K.D. Banerjee, Judge, 7th Bench of the City Civil Court at Calcutta dated 9th April, 1985 decreeing the Plaintiff/ Respondent's suit for eviction of the defendant, appellant from the premises No. P-l on the first floor with garage space in the basement and a servant's quarter in between the first and second floor in the building known as 'Apsara' at premises No. 67, Park Street, under Police Station Park Street, Calcutta.2. The facts may be briefly stated as follows:The plaintiff was and still is the owner of the above flat having purchased the same from M/s. Progressive Co-operative Housing Society Ltd. The defendant had been a monthly tenant under the plaintiff in respect of the aforesaid flat with garage space and servant's quarter more fully described in the schedule of the plaint at a monthly rental of Rs. 1060/- payable according to English Calendar month within 5th day of each and ev...
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