Court : Kolkata
Reported in : AIR1963Cal433,67CWN743
Miiter, J.1. This is an application for a certificate under Article 133(1)(c) of the Constitution.2. The matter arises out of a decision of the Controller of Patents under the Indian Patents and Designs Act, 1911, holding that the respondent Arlabs Private Limited should be granted the licences they seek. An appeal preferred there from by the patentee Farbenfabriken Bayer Aktiengesellschaft to this Court was dismissed. The patentee now desires to go up to the Supreme Court. Various points were canvassed at the bat on the different aspects of Article 133(1) of theConstitution, namely, (a) whether the proceeding was a civil proceeding (b) whether the order was a final order, (c) whether Article 133 was at all applicable to a case which had not been before two Courts including the High Court, (d) whether in hearing the appeal the High Court was acting as a persona designata, and lastly (e) whether the case was a fit one for appeal to the Supreme Court.3. Before dealing with the applicabil...
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal483,67CWN662,[1962(4)FLR121]
P.N. Mookerjee, J.1. A simple question 'whether a Rule Nisi should issue in the instant case' has assumed intriguing importance. The Rule was refused by our learned brother Banerjee, J. (see : AIR1963Cal178 ), and on appeal, G. K. Mitter and Laik, JJ., differed, the former holding that Banerjee, J. was right in refusing the Rule, the latter holding the contrary (see : AIR1963Cal183 ). This difference led to the present reference, presumably under Clause 36 of the Letters Patent, and, apparently, the importance of the matter impressed the learned Chief Justice to constitute eventually a Special Bench -- this Bench of three Judges, -- to hear and determine the reference.2. The constitution of the Special Bench and the reference were made by the following order of the learned Chief Justice :'Let this matter be placed for disposal before aBench consisting of:Mr. Justice P. N. Mookerjee,Mr. Justice Sankar Prasad Mitra andMr. Justice R. N. Dutt.'Following upon a minuted order of the Appeal C...
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal252
P.B. Mukharji, J. 1. This is an appeal by the defendant, Indian Airlines Corporation, from the judgment and decree of P. C. Mallick, J. decreeing the plaintiffs' suit for the sum of Rs. 1,50,000/- and another sum of Rs. 5000/- with interest at the rate of 6 per cent per annum and with costs. 2. The suit arises out of an unfortunate and tragic air crash at Nagpur when a Dakota air plane VT-CHF crashed soon after it started flying from Nagpur to Madras. All the passengers and the crew were killed and the only person who escaped with severe injuries and burns was the Pilot, Desmond Arthur James Cartner. This accident took place on the 12th December, 1953 at about 3-25 a.m. 3. In that Aircraft travelled one Sunil Baran Chowdhury, a young man of about 28 years of age, a business man from Calcutta, who had flown from Calcutta to Nagpur and was taking his journey in that ill-fated Aircraft from Nagpur to Madras at the time of the accident. The plaintiffs in this suit arc (1) the widow of the ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal319,69CWN767
Bose, C.J. 1. This appeal No. 156 of 1964is from an order of Mallick, J. dated the 26th May 1964 refusing an application for trial of certain issues arising in the suit as preliminary issues and for examination of certain witnesses de bene esse in respect of such preliminary issues. 2. The suit out of which the application for trial of issues as preliminary issues arises was instituted by the plaintiffs-respondents on or about the 30th October 1961 for recovery of a sum of Rs. 8,42,500 for damages, interest and costs against the appellant Royal Nepal Airline Corporation. The cause of action as stated in the plaint is in substance as follows:- The defendant is a Corporation incorporated under the laws of Nepal having its Head-Office al Kathmandu, Nepal and it carries on business inter alia at No. 42 Chowringhee Road, Calcutta, within the jurisdiction of this Court. One Meher Singh Legha was at all material times employed as an Aircraft Pilot by and under the defendant on a basic salary ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
Sinha, C.J.1. This application and anumber of other applications relate to a group of cases commonly described as 'gherao' cases. The expression 'gherao' is not entirely new, and already finds place in three Bengali dictionaries. But as will be presently described, it has now acquired a connotation and meaning which is entirely new. In its new garb it has acquired a semblance of enviable notoriety News of gheraos are now widely published in news-papers and are avidly read by the public Like many other words it may soon be considered as a contribution of West Bengal to semantics and I have no doubt that it will presently appear in all standard dictionaries in the English language The origin of the word 'gherao' is not easy to ascertain. As I have already mentioned the word occurs in three Bengali dictionaries. In the dictionary compiled by Jnanendra Mohan Das, the word 'gherao' is stated to have been derived from the Hindi word 'ghirao' and means 'covered or encircled'. It is alsomentio...
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal398
ORDERK.L. Roy, J.1. This is an application under Section 439 of the Companies Act, 1956 for the Winding-up of the India Electric Works Ltd. (hereinafter referred to as the Company). The petitioning creditor is the State Bank of India, who claims to be a secured creditor of the Company to the extent of Rs. 1,67,78,000. The petitioning creditor is supported by two other creditors namely, Anwar Ali and Bros, whose claim against the Company is for Rs. 33,157 for the price of goods supplied and Steel Distributors, whose claim is Rs. 31,000 also for goods supplied to the company. The petition is being opposed by several creditors, namely, James Finlay and Co., whose claim against the company is for Rs. 59,527, M/s. Narayan Choudhury Bros. (P.) Ltd., whose claim amounts to Rs. 54,525 and by the Secretary of the India Electric Works Employees Association, a registered trade union, who claims that the company is indebted to the members of the said association to the extent of Rs. 29,50,000 cons...
Tag this Judgment!Court : Kolkata
Reported in : [1970]75ITR781(Cal)
T.K. Basu, J.1. The petitioner, Narendra Sharma, was assessed to income-tax for the assessment year 1961-62 by the Income-tax Officer, Central Circle XV, Calcutta. Although the order of assessment was passed on the 24th March, 1966, it was made under the provisions of Section 23(3) of the Indian Income-tax Act, 1922 (hereinafter referred to as 'the repealed Act'). It is not disputed that all the notices issued to the petitioner by the appropriate Income-tax Officer in connection with the aforesaid assesement proceedings, were also issued under the provisions of the repealed Act.2. On the 23rd March, 1966, the said Income-tax Officer issued two notices on the petitioner proposing to initiate proceedings for imposition of penalty under the provisions of Section 274 read with Section 271 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').3. The said two notices are set out hereinbelow :'Notice under Section 274 read with Section 271 of the Income-tax Act, 1961. CC.XV/34-S/...
Tag this Judgment!Court : Kolkata
Reported in : [1971]79ITR442(Cal)
K.L. Roy, J. 1. By his application under Article 226 the petitioner prays lor writs quashing certain penalty proceedings initiated under Sections 274/271 of the Income-tax Act, 1961, for its alleged failure to comply with the notices under Sections 142(1) and 143(2) of the said Act, and for a further writ quashing a summons purported to have been issued under Section 131 of the said Act by the respondent-Income-tax Officer. The petitioner is a private limited company and for the assessment year 1961-62, it filed its return under Section 22(2) of the Income-tax Act, 1922, on 1st November, 1962. The usual notice under Section 23(2) of the old Act, corresponding to Section 143(2) of the present Act, dated the 12th November, 1962, was served on the petitioner for compliance on the 3rd December, 1962. At the request of the petitioner time for compliance was extended periodically and in the meantime the petitioner's file was transferred to the Income-tax Officer, Companies District III, and ...
Tag this Judgment!Court : Kolkata
Reported in : 1972CriLJ1505
N.C. Talukdar, J.1. This Rule was issued on an application under Section 491 of the Code of Criminal Procedure, praying for a writ and/or order and/or direction in the nature of habeas corpus filed on behalf of the detenu. Bikas Banerjee and is against the State of West Bengal through the Secretary, Home Department, the District Magistrate, 24-Parganas and the Superintendent of the Dum Dum Central Jail.2. The detenu was detained under Sub-section (1) read with Sub-section (3) to Section 3 of the West Bengal (Prevention of Violent Activities) Act 1970 President's Act No. 19 of 1970 by an order no. 96 of 1970 dated the 18th December, 1970 passed by the District Magistrate, 24-Parganas. His detention commenced on and from the 21st December, 1970 and the order of detention was confirmed on 27-3-71 as would appear from the averments in paragraph 3 (i) (a) (e) and (h) of the affidavit-in-opposition affirmed on 19-5-71 by the respondent no, 2. District Magistrate. 24-Parganas, A copy of the s...
Tag this Judgment!Court : Kolkata
Reported in : [1975]99ITR296(Cal)
Arun K. Mukherjea J. 1. In the present application which has been referred to us under Chapter V, rule 2, of the Original side Rules of this High Court the petitioner has challenged the validity of a notice issued under Section 148 of the Income-tax Act, 1961, for the purpose of reopening an assessment of the income of the petitioner for the assessment year 1958-59.2. The petitioner was assessed for the assessment year 1958-59, under Section 23(3) of the Indian Income-tax Act, 1922, on 14th June, 1960, when his total income was computed by the respondent No. 1 at Rs. 37,872. In the year of assessment the Income-tax Officer allowed the deduction of a sum of Rs. 15,991 by way of expenses claimed by the assessee. The expenses that were allowed appear from page 13 of the paper book and include one item of Rs. 10,494-4-3 by way of interest. A complete list of the creditors to whom interest had been paid on account of loans taken from them appears from pages 15 to 16 of the paper book. The p...
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