Court : Kolkata
Decided on : Jul-25-1975
Reported in : AIR1976Cal126,81CWN219
salil k. roy choudhary, j.1. this is an application under section 34 of the arbitration act for stay of the suit.2. the material facts which, are not in serious controversy are as follows that by a contract dated the 9th july, 1968 the respondent agreed to sell and the petitioner agreed to buy certain quantities of raw jutes at ..... agreed rates on the terms and conditions contained in the said contract. it appears that the said contract is governed by the forward contract regulation act, 1952 and the rules and bye-laws of ..... registration of the same as well as the question of (october) portion of the contract being invalid as it was entered into prior to the notification dated 4th october, 1968 and prima facie not tenable as the said non-compliances do not render the contract invalid but may amount to breach of the statutory rules. at this stage, i am .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-30-1975
Reported in : AIR1975Cal325,(1975)1CompLJ452(Cal),79CWN593
..... it was acquired for a public purpose like hospital, under the land acquisition act, 1894. in the deputy commr. and collector, kamrup v. durganath sarma, : [1968]1scr561 , the validity of assam acquisition of land for flood control and prevention of erosion act 6 of 1955 was challenged as violative of article 14 of the constitution. ..... a decision of the supreme court in state of maharashtra v. madhavrao damodar, : [1968]3scr712 . in that case, it was argued before the supreme court that the act 13 of 1962 which amended the maharashtra state agricultural lands (ceiling on holdings) act. 1961 would not get protection of article 31-b inasmuch as the said amending ..... the assam act provided for speedy acquisition of lands for the public purpose of carrying out .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-30-1975
Reported in : [1978]112ITR384(Cal)
..... the complaint of sri haramohan chowdhury, income-tax officer, ' f ' ward, district-iii(1), calcutta, under section 277 of the income-tax act, 1961, for the assessment years 1967-68 and 1968-69. the case as made out in the petition of complaint, inter alia, is that after the retirement of the petitioner, on or about ..... government of its legitimate dues; that on october 6, 1971, the petitioner delivered two duly verified returns of income-tax for the assessment years 1967-68 and 1968-69 along with three other years disclosing, inter alia, income from pension only but not including his income from professional or other sources; that on searches being ..... order of assessment against the petitioner to form the basis of the present prosecution. in support of his contentions mr. mitter referred to the relevant provisions of the income-tax act and also to several cases : commissioner of income-tax v. muthukaruppan chettiar : [1970]78itr69(sc) , t. s. baliah v. t. s. rangachari, income-fax officer : .....
Tag this Judgment!Court : Kolkata
Decided on : May-23-1975
Reported in : [1978]48CompCas339(Cal)
..... .8. the auditor further opined regarding commission for securing unsecured loans and deposits. ' i observe that following amounts of commission were paid to different persons for securing finance, unsecured loans, etc , from various persons ' and then he gives a list of more than rs. 52,000 having been paid up to september 30, 1963 ..... therefore, the directors cannot avoid their responsibilities and liabilities in not doing their duties. sleeping director is a misnomer in the present context of the companies act. when the managing director was conducting the day-to-day affairs of the company, he should tie held responsible for any loss incurred due to misapplication and ..... . it has been held in govind narayan kakade v. rangnath gopal bajopadhye, air 1930 bom 572, that where directors wilfully shut their eyes to the acts of the agents or managing agents and recklessly sanction payments to others thereby aiding and abetting misapplication and misappropriation of company's funds, in this state of .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-01-1975
Reported in : [1976]104ITR471(Cal)
..... had overdraft accounts with the state bank of india both in india and pakistan. the overdraft arrangements in calcutta were utilised by the head office of the assessee for financing the transactions of the assessee. such transactions included remittances of funds as and when necessity arose from calcutta to darsana up to the year 1949. there was no ..... or gains, as described or comprised in section 6, from whatever source derived, accruing, or arising, or received in british india, or deemed under the provisions of this act to accrue, or arise, or to be received in british india. (2) profits and gains of a business accruing or arising without british india to a person resident in ..... supreme court held that where an assessee carried on the same business at a number of places, then for the purpose of section 10 of the indian income-tax act, 1922, there was only one business and the net profits of the business had to be ascertained by pooling together the profits earned in all the branches and .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-11-1975
Reported in : [1978]112ITR212(Cal)
..... ramnivas hanumanbux somani v. s. venkataraman, income-tax officer : [1959]37itr329(bom) , sonu led v. commissioner of income-tax : [1938]6itr94(patna) , commissioner of income-tax v. devidayal and sons : [1968]68itr425(bom) , v. d. m. r. m. ramana-than chettiar v. commissioner of income-tax [1927] 2 itc 474 (rang) , rama guha v. income-tax officer, : air1967cal348 and m. x ..... was not properly addressed. in this connection, reliance was placed on sub-section (2) of section 283 of the income-tax act, 1961, as well as on clause (a) of subsection (2) of section 282 of the said act. but, in my opinion, the said pro-visioi s are permissive provisions and a notice in the case of a dissolved firm ..... sabyasachi mukharji, j. 1. this is an application challenging the notice dated 27th march, 1973, under section 148 of the income-tax act, 1961.' the impugned notice relates to the assessment year 1964-65. two contentions were urged in support of this application. it was contended that at the time of the .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-17-1975
Reported in : AIR1976Cal97
..... case no. 3114 of 1972 with the connected second appeal. thiscourt condoned the delay and directed the trial court to dispose of the application under section 17-d of the act in accordance with law, while the appeal was kept pending.4. this application was rejected by the impugned order as already stated. it was held that the application was ..... .1. this rule was obtained by the defendants against order no. 114 dated september 24, 1973, whereby their application under section 17-d of the west bengal premises tenancy act was rejected. the facts appear to be as follows :--a suit was instituted by the opposite parties in 1960 for recovery of possession of premises nos. 30-a and 51 ..... their natural guardian mother.2. an appeal was preferred therefrom which was dismissed and thereafter a second appeal was filed in this court being s. a. no. 813 of 1968 which, after admission, is pending.3. on june 1, 1972 the petition under section 17-d was filed with an application under section 5 of the limitation .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1975
Reported in : 1980(6)ELT99(Cal)
..... same covered by any of the items in the schedule to the central excises and salt act, 1944 (hereinafter referred to as the 'act').2. the said scrap is not edible or sold for consumption as such. between the periods of 19th april, 1968 and 30th june, 1971 the petitioners cleared a total quantity of about 91,40,000 ..... kgs. of the said scraps which were accumulated in the course of manufacture. according to petitioners, the said scrap is non-excisable under the act. without paying the duty and with the full knowledge ..... 8th december, 1972 wherein the collector held that the confectionery in question was liable to excises under tariff item 1a of the first schedule to the central excises and salt act. * * * *3. mr bajoria, appearing on behalf of the petitioners, contended that the scrap obtained in course of manufacture of confectionery is not 'confec tionery' within .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-28-1975
Reported in : AIR1976Cal122,80CWN29
..... identical point as is involved in the present case came up for consideration by a division bench of this court in s. m. a. nos. 11 to 13 of 1968 (cal), (balaram sahoo alias sow v. santosh kumar naik). the division bench after considering a number of authorities cited before it observed as follows:-- 'let us now try ..... behalf of the appellant on, the decision in the case of biswapati dey v. kensington stores, : air1972cal172 for the proposition that under article 136 of the limitation act of 1963 the period of limitation is 12 years from the date when the decree becomes enforceable, and under no circumstances this period could be extended beyond 12 years. ..... would follow. he has argued that by postponing the lodging of the bill of costs for an indefinite period a party might defeat the relevant provisions of the limitation act. we are unable to accept this argument advanced by counsel for the appellant. learned counsel has submitted that in the present case the defendants respondents nos, 1, .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-04-1975
Reported in : AIR1976Cal133,80CWN273
..... 1975) 79 cal wn 883, (scotts (p.) ltd. v. corporation of calcutta). there is also an unreported decision of sabyasachi mukharji j. in suit no. 1062 of 1968 (cal), (sourendra narayan sinha v. corporation of calcutta). 7. for the purpose of disposing of this appeal we intend, however, to discuss the basic principles involved in such ..... matters. 8. in the first instance let us consider the sections of the calcutta municipal act, 1951 which appear to be relevant in this appeal. section 3 provides that all properties, movable and immovable and all interests of whatsoever nature or kind therein, ..... to support the hoardings contravened the right of public user of the footpath granted by the statute. 21. mr. basu has relied on certain sections of the act to contend that the statute has permitted certain types of obstructions. for instance, under section 266 the corporation can erect bathing platforms and public stand-posts. .....
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