Court : Kolkata
Reported in : AIR1966Cal552,70CWN82
B.C. Mitra, J.1. The appellant, a Belgian national, came to India on November 23, 1947, as a Roman Catholic Missionary and discharged his duties as such, at Ranchi and Calcutta. In February, 1952, he gave up his missionary activities and commenced a secular life and held serveral posts in commercial organisations. The Department of Registration or Foreigners was informed in writing by the Jesuit Mission in Calcutta, that the appellant had ceased to be a Christian Missionary and had given up his missionary activities. The appellant came to India on a Belgian passport with a visa for his visit to India given by the Visa Section of the British Embassy at Brussels. The period of the appellant's stay in India, on the visa issued as aforesaid having expired, he applied for extension, but this was not granted. Proceedings were started against him under Section 14 of the Foreigners Act, 1946, before the Additional Chief Presidency Magistrate, Calcutta. On September 22, 1956, the appellant was ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal31,(1966)ILLJ535Cal
Bose, C.J.1. This is an appeal torn an Order of B'anerjee, J. dated the 13th November 1963 quashing an award of an Industrial Tribunal and remanding the matter for rehearing by the Tribunal in accordance with the directions given in the Order. 2. The respondent Parry and Co. Ltd. carries OH business all over India as Merchants, Importers, Selling Agents and manufacturers having its Head Office in Madras. In Calcutta the principal business of the respondent Company consisted ol: various agencies for sale of products of diverse well-known companies. The respondent Company also carried on manufacturing activities on a small scale at a small Engineering Workshop at Kidderpore. In 1954 the respondent Company is alleged to have suffered losses due to decline in business and, effected retrenchment of some staff with the permission of the Labour Appellate Tribunal. 3. The case of the respondent Company is that the business was affected as a result of import restrictions and other factors. In 1...
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal629
P.B. Mukharji, J. 1. In this Reference under Section 66(2) of the Income-tax Act the High Court directed the Tribunal to refer the following question for its decision:'Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the sum of Rupees forty thousand two hundred and forty seven could not be deemed to be profits of the assessee company under second proviso to Section 10(2) (vii) of the Indian Income-tax Act?'2. The assessee is Associated Clothiers Ltd. of 21, Old Court House Street, Calcutta and is a private Limited Company. It was formerly carrying on business as clothiers and dealers under the name of M/S Phelps and Company Limited. M/S Phelps and Co. started as a partnership on the 5th February, 1912 and was later converted into a Limited Company on the 30th September, 1939, On the 21st March, 1952 the name of Phelps and Company Ltd. was changed into the name of the assessee. But on the same day a new Phelps and Co. was incorporated. On ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal373
ORDERP.B. Mukharji, J. 1. If France had once been the inspiration of European culture, French Chandernagore can at least sun be described as a prolific source here of Indian Constitutional law. Numerous cases have come to the Court from what used to be the French Settlement of Chandernagore and their decisions now enrich the constitutional law of India. The petitioners in this case from Chandernagorechallenge the validity of a requisition of land under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act of 1948 (West Bengal Act II of 1948). If the decayed City gates of former French Chandernagore still display the three famous ideals of the French Republic from out of the French Revolution, 'Liberte, Egalite and. Fraternite', this petition from Chandernagore, by a strange irony of fate, claims neither equality, nor fraternity with the rest of India. This petition claims that this West Bengal statute should be excluded from what was formerly known as the french Chande...
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal534,61CWN630
..... section 5(1)(d) of west bengal estate acquisition act reads thus:-'every non-agricultural tenant holding under an intermediary and until the provisions of chapler-vi are given effect to, every raiyat holding under an intermediary,' shall be bound to pay to the state his rent and other dues in respect of his land, accruing on and from the date of vesting, and every payment made in contravention of this clause shall be void and of the effect.'27. chapler-vi of the act which came into force on 10th april, 1956 ..... best subserves the common good. it reorganises, by such distribution, the ownership and control of material resources of the community. ' ..... carry a feeling that the decision making process might be affected by reason of dependence upon the executive.126. in the said act, there is no provision that the revenue officer ..... act or not in terms whereof right to property has been taken out from the purview of part-iii of the constitution of india and article 300a has been inserted.56 ..... section 4(5) and section 17(2).219. so far as the submission of mr. gupta to the effect that the petitioners have no locus standi is concerned the same is not necessary to be considered in details. it is not disputed at the bar that hundreds (if not thousands) of writ applications had been filed in this court questioning virus of this act. even on the appellate side, there are various cases which have to be decided by us on merits.220 the question which have been raised in this case arise in one form or the other .....
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