Court : Kolkata
Decided on : May-15-1972
Reported in : AIR1972Cal470,76CWN681
ORDER1. The petitioners who are citizens of India have challenged the constitutionality of the Letters Patent of 1965, the Calcutta High Court (Jurisdictional Limits) Act, 1919 and Section 34(2)(3) of the Adovcates Act, 1961 on the ground that they offend the provisions of Article 14 of the Constitution of India2. Similar application was filed by the petitioner No. 2 Sri. E. H. Tippo and and another which came for consideration before D. Basu J, as to its maintainability. The said petition was dismissed on the ground that there were not sufficient averments to show which would render the alleged classification unreasonable and also to show how they were affected by the offending law. It was held that unless such averments were made the opposite parties could not get an opportunity to controvert such allegations or to set up further grounds for which the classification, if any, may be sustained. D. Basu. J, however, permitted them to file fresh application either by themselves or along ...
Tag this Judgment!Court : Kolkata
Decided on : Mar-28-1972
Reported in : [1974]96ITR722(Cal)
Masud, J.1. In this reference under Section 66(1) of the Indian Income-tax Act, 1922, the question of law which is referred to this court is as follows:' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that renewal of registration under Section 26A of the Indian Income-tax Act, 1922, was wrongly refused to the firm for the assessment years 1958-59, 1959-60 and 1960-61 '2. By a deed of partnership executed in September, 1950, a partnership consisting of Sri B. M. Kharukha and Mrs. Kharukha, niece-in-law of Sri B. M. Kharukha, and Sri K. A. Choudhury was constituted. Each of the said three partners under the said deed had equal shares of the profit and loss of the firm. The firm was duly granted registration under Section 26A of the Indian Income-tax Act, 1922, for the assessment years 1952-53 to 1957-58. For the assessment year 1958-59, the Income-tax Officer refused renewal of registration to the firm on the ground that the partnership ...
Tag this Judgment!Court : Kolkata
Decided on : Jan-28-1972
Reported in : AIR1972Cal261,76CWN459
B.C. Mitra, J.1. On April 28, 1960 the second respondent filed an application for registration, in Part A of the Register, of a trade mark consisting of a label containing the image of a Goddess seated on a Lon and the words 'Ma Durga Brand in class V., 'in respect of agricultural implements specially for chaffcutter blades'. The application was thereafter advertised in the Trade Mark Journal. The application for registration was opposed by the appellant, and the opposition was based on the provisions in Sections 11 and 12(1) of the Trade and Merchandise Marks Act, 1958, (hereinafter referred to as the Act). The appellants in their opposition claimed that they were the prior users of a trade mark, which was duly registered, under the provisions of the Act being trade mark No. 12301 registered in Class VII in respect of, inter alia, 'Chaffcutter Blades and Knives'. The substance of the appellant's contention in the opposition to the registration of 'Ma Durga Brand' with the device menti...
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-1972
Reported in : AIR1973Cal184,1973CriLJ253
ORDERChittatosh Mookerjee, J.1. This petition was filed by Shri Sushil Kumar Dhara claiming himself as General Secretary of Bangla Congress, Rajya Committee, No. 2, Basanta Bose Road, Calcutta-26. At the time of issue of the Rule, a leave under Order 1, Rule 8 of the Code of Civil Procedure was granted to the petitioner to prosecute the petition on behalf of and for the benefit of all the members of Bangla Congress. In pursuance thereof notices were published. Purnendu Narayan Khan and six others made an application for being added as petitioners. Let the said persons be added as petitioners.2. In May 1965, Bangla Congress was formed as a political party. In the general election 1967, candidates set up by Bangla Congress had contested with free Symbols. In the mid-term General Election to West Bengal Legislative Assembly held in the year 1969, the Election Commission recognised Bangla Congress as a State political party and had allotted symbol 'Plough' for the candidates set up by Bang...
Tag this Judgment!Court : Kolkata
Decided on : Jan-31-1972
Reported in : AIR1972Cal295
ORDERRamendra Mohan Datta, J. 1. This is an application for an order that the award dated April 29, 1971 be declared null and void and/or be set aside. 2. The facts are that on or about 1955 the then National Life Insurance Company Limited (hereinafter called the said company) accepted the tender of the respondent for the construction of a building at New Delhi. The work orders were issued and the respondent was asked to commence the work on the understanding that the formal contract would be issued in due course. In the matter of the said agreement the petitioner's architects Messrs. Ballardie, Thompson and Matthews acted as the agent of the petitioner all throughout. The petitioner from time to time made various payments against the running bills submitted by the respondent on the certificate of the said architects in terms of the said agreement. In 1956 the Life Insurance Corporation of India came into existence and the said Corporation duly took over the said contract on behalf of ...
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