Court : Kolkata
Reported in : (1988)2CALLT289(HC)
bhagabati prasad banerjee, j.1. in this writ application an important question of law of public importance was raised and the same is what is the legal effect of a draft development plan under section 36(i) of the west bengal town and country (planning and development) act, 1979, prepared by the calcutta metropolitan development authority and whether the calcutta metropolitan development authority could compel the implementation of the provisions contained in the draft scheme without making it final while sanctioning a building plan under the provisions of the calcutta municipal corporation act, 1980.2. the facts of this case are that the petitioner is the owner of premises no. 4/a, wood street, calcutta and that in order to construct a new building at the said premises instead of the old building at that site negotiated with the tenants so as to make it feasible to make such new construction after demolition of old structure and after entering into agreement and understanding with the tenants on the basis of such negotiation prepared a plan for construction of anew building thereon and submitted the same for sanction before the calcutta municipal authority. before submission of the said plan to the calcutta municipal authority the petitioner applied to the calcutta improvement trust in order to find out whether the said premises affected by any scheme framed by the said trust. the calcutta improvement trust by letter, dated 17th november 1980 informed the petitioner that the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal243,56CWN797
orderk.c. chunder, j.1. these are two petitions in revision by a landlord against two appellate judgments ofthe judge of the sixth bench of the court of small causes calcutta, reversing in appeal an order of the first additional rent controller.2. an application was filed before the rent controller by the tenant for fixation of standard rent. the premises in question, it is admitted by both parties, form part of a larger building not yet entirely constructed and those premises and the portion of the building up to now constructed were all constructed after 31-12-1949. the rent controller directed fixation of rent under sections 9 (1) (e) or 9 (1) (g). as i have already pointed out in another decision, two sub-clauses of the same section cannot be applied to the same proceeding in the proceedings it is not clear whether he actually applied clause (e) or clause (g) of section 9 (1).3. both the landlord and tenant appealed. there were two appeals. hence two revisions. in both the appeals the appellate court directed that the fixation must be under section 9(1)(f) and remanded the case for the purpose of such fixation.4. the point now raised by the landlord in both the revision cases is that section 9(1)(f) does not apply.5. section 9(1)(f) has to be applied in the case of fixation of rent of all buildings constructed wholly or substantially after 31-12-1949. the actually completed work of construction may be at the time of either the entire building or of a part of the building. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal646,66CWN304
ordersinha, j. 1. the petitioner in this case is the katras jharia coal co. ltd. a company incorporated under the indian companies act. mousas seebpore and koithi, sub-registry ranigunj, thana ranigunj in the district of burdwan, appertained to the zamindary of the maharaja of burdwan. in the year 1864-65 it was granted as a patni tenure to one ram krishna chatterji by a patta. by the year 1895, after many devolutions, the interest came to be held by one purno chandra daw. by an indenture of lease dated the 26th july, 1895 purno chandra daw demised the lands and collieries mentioned in the said indenture of lease to the katras jharia coal co. ltd., upon a permanent lease. the indenture of lease purports to demise to the petitioner company, the lands hereditaments and premises known as the 'seebpore and koithi collieries' together with all lands of every description and tenure, belonging to or held with, the seebpore and koithi collieries, as also all mines beds and seams of coals and other mines and minerals whatsoever situated or lying in or under the said lands, and the other rights mentioned in the said indenture of lease. by an agreement dated 1st june, 1901 as modified by a further agreement dated 30th. march, 1955 the petitioner granted and demised by way of a sub-lease to the seebpore coal co. ltd. a part and parcel of the coal mining rights in mouza koithi comprising an area of 986 bighas. so far as the surface lands of the said collieries are concerned, the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal524,54CWN586
harries, c.j.1. these two applications are for revision of orders made by a learned district judge in revision under section 40a, bengal agricultural debtors act2. the decree-holders opposite parties had obtained against the petitioners or their predecessors a mortgage decree for rs. 20,100 in mortgage suit no. 75 of 1325 in the court of the subordinate judge of bankura. by the decree the petitioners were jointly and severally liable. the decree provided that in default of payment by bhadra 1335 b. s., interest would run at 9 annas per cent. per mensum until realisation. a preliminary decree was obtained on 3rd august 1927, which was made final on 22nd september 1928. in the year 1935, the decree-holders executed the decree for recovery of rs. 31,534 which was the sum then due on the mortgage after adding the interest which had accrued to the decretal amount and execution costs. the mortgaged properties were put up for sale and purchased by the decree-dolders for rs. 10,000 on 16th march 1936, and the sale was confirmed on 22nd july 1936 possession being delivered on 1st and 2nd may 1937. 3. in the year 1942, the petitioners who were the mortgagors filed two separate applications under section 37a, bengal agricultural debtors act, in which they alleged that the total debt due from both sets of petitioners was rs. 10,300 and that each set of petitioners owed only rs. 6000. 4. the board came to the conclusion that the debt which was the subject-matter of each of these .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal598,1965CriLJ713
..... it is true, reference to sections 236 and 237 of the code was made in golak takal's case : air1938cal51 but no attempt was made to study the implications of the decision in begu's case which ruled that a man may be convicted of an offence although there has not been a charge in respect of it, if the evidence is such as to establish the charge that might have been made. 20. ..... although the recovery of stolen properties was challenged on his behalf, he said nothing as regards the notes and the railway ticket found upon his person but stated that one man singh took him to the colliery and at about 5 in the morning, he had gone to ease himself and when he returned the police arrested him. ..... the king where it was observed: 'the danger of acting upon accomplice evidence is not merely that the accomplice is on his own admission a man of baa character who took part in the offence and afterwards to save himself betrayed his former associates, and who has placed himself in a position in which he can hardly fall to have a strong bias in favour of ..... south eastern room on that floor was the scene of the crime; it used to be occupied by bhagabati prasad kanoria, an educated young man who assisted his father ram sundar kanoria, the head of the house who run the family business. ..... samunder's casefurther was that on receipt of an urgent wire he proceeded to ranigunje where he had been sleeping in the room of one man singh at puranmal colliery when the police arrested him together with bhagirath singh. .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)71TTJ(Cal)973
orderpramod kumar, a.m. :these three appeals, filed by the revenue, are directed against three separate but identical orders dated 24-6-1994, passed by learned commissioner (appeals), calcutta vi in the matter of assessment orders under section 143(3) of the income tax act (hereinafter referred to as the act) for the assessment year 1991-92, in the cases of general electric company plc. uk, english electric company ltd., uk and associated electrical industries ltd., uk. the issue in all these appeals relates to one common transaction, material facts in respect of these appeals are identical, common submissions were made at the assessment and appellate stages, and, therefore, for the sake of convenience, all these appeals are being disposed of by way of this consolidated order. respondent-assessees have also filed cross-objections in all the cases and these cross-objections are also being taken up together with the appeals.2. the revenue has raised as many as six grounds of appeal but the only grievance of the revenue is against commissioner (appeals)s deleting the addition, made by the assessing officer, on account of capital gains on transfer of certain shares held by the assessee-companies, details of which are set out in the subsequent paragraph of this order. we, therefore, deem it expedient to take up all these grounds together for disposal.3. briefly stated, undisputed material facts of the case are that the general electric company plc uk (hereinafter referred to as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1931Cal193
..... on 23rd may 1923 a certain man called biswas and his wife executed a mortgage over this property to a lady of the name of hemlata for rs. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal84,(2005)3CALLT308(HC)
..... taking a some total of the situation my understanding of the law after reading from abc laminart to man roland is that when there is a forum selection clause excluding jurisdiction of the other competent courts the party must approach the said court and the said court only. ..... borrowing the language of the apex court in man roland, the court has to honour the wishes of the contracting parties as it cannot commit a breach of the agreement. ..... in the case of man roland (supra) the parties agreed that in case of reference of dispute to arbitration it must be exclusively within the jurisdiction of international chamber of commerce, paris under the rules framed thereunder. ..... similar view was taken by the court in the latest decision in the case of man roland (supra). ..... agencies, salem reported in : [1989]2scr1a and in the case of man roland druckimachinen ag v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal495
..... the words of the definition are undoubtedly wide, and if pushed to the full limit of their meaning, might embrace acts which the man in the street would hardly regard as criminal offences. ..... property, as it appears to me, is delivered when something in the ownership or possession of one man is delivered into i the ownership or possession of another. ..... generally speaking, a criminal offence consists of an act done by the accused with a specific criminal intent or state of mind, constituting the mans rea. .....
Tag this Judgment!Court : Kolkata
Reported in : 84Ind.Cas.554
..... property, as it appears to me, is delivered when something in the ownership or possession of one man is delivered into the ownership or possession of another railway wagons are no doubt 'propery. ..... undoubtedly wide and if pushed to the full limit of their meaning might embrace acts which the man in the street would hardly regard as criminal offences. .....
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