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Judgment Search Results Home > Cases Phrase: mediation Court: kolkata Year: 1977 Page 1 of about 33 results (0.012 seconds)

Sep 12 1977 (HC)

Sri Iswar Dashabhuja Thakurani and ors. Vs. Sm. Kanchanbala Dutta and ...

Court : Kolkata

Decided on : Sep-12-1977

Reported in : AIR1977Cal473

orderpadma khastgir, j. 1. this suit has been filed by the plaintiffs (1) sri sri iswar dashabhuja thakurani (2) sri sri iswar govinda jew thakur and (3) rash behari roy against the defendants (1) sm. kanchanbala dutta (2) gosta behari roy and (3) brojo behari roy inter alia for appointment of the plaintiff no. 3 rash behari roy as the next friend of the plaintiff deities, declaration that the properties mentioned in annexure 'a' to the plaint are debutter properties belonging absolutely to the plaintiff deities, framing of a scheme, injunction, receiver, accounts, etc. 2. the case of the plaintiffs is that the defendant no. 1 is a daughter and the plaintiff no. 3 and the defendant nos. 2 and 3 are the sons of one hari mohan roy. this hari mohan roy owned and possessed two immovable properties at calcutta, being premises no, 16a, nandan road and 20, ahiritola street and various properties at mogra in the district of hooghly. full particulars of which will appear from annexure 'a' to the plaint. 3. the said hari mohan roy during his lifetime by a registered deed dated 9th june, 1935 dedicated all his properties to his family deities i. e. the plaintiffs nos. 1 and 2 of this suit. 4. the salient terms and conditions as contained in the said deed of dedication (arpananama) are the following:-- '(a) the first shebait would be the settlor sri hari mohan roy. after his death his three sons, namely, the plaintiff no. 3 and the defendants nos. 2 and 3 and his daughter the defendant .....

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Aug 12 1977 (HC)

Quader Nowaz and ors. Vs. the Commissioner of Wakfs, West Bengal and o ...

Court : Kolkata

Decided on : Aug-12-1977

Reported in : AIR1978Cal92,82CWN503

ordersabyasachi mukharji, j.1. it appears that a wakf was created by one janab ashraf ali khan choudhury by a registered deed dated the 9th august, 1931 and one syed abdus slek by a registered deed dated, the 24th aug., 1933. the said wakf was enrolled with the office of the commissioner of wakf as a single wakf estate on the basis of an enrolment application in 1936. after appointment of mutwallis, both the deeds provided, that after the death of the first mutwalli or in his absence the next mutwalli will be as follows:'... ... ... and in his absence his male descendant, who will be his sajjadanashin in his place will be the mutwalli and in that manner in the absence of that mutwalli his male descendants who will be his sajjadanashin in his place, will be the mutwalli and in this manner the succeeding sajjadanashin will be succeeding mutwalli.'on or about the 6th feb., 1953, the first mutwalli syed shah ershad ali alquadri died. he left three sons, namely, syed shah mustarshid ali alquadri, the respondent no. 3 herein, syed shah rushaid ali alquadri and syed shah rushad ali alquadri the respondent no. 4 herein. the eldest son applied on or about the 13th march, 1953 to the commissioner of wakfe for mutation of his name as mutwalli in the place of his late father, the outgoing mutwalli. his claim was that he being the surviving eldest son of the last sajjadanashin, automatically became the sajjadanashin and consequently the mutwalli in place of his late father under the .....

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Oct 03 1977 (HC)

Commissioner of Income-tax Vs. Shantilal C. Mehta (Administrator of th ...

Court : Kolkata

Decided on : Oct-03-1977

Reported in : [1978]113ITR79(Cal)

sen, j. 1. this reference under section 66(1) of the indian income-tax act, 1922, is at the instance of the commissioner of income-tax, west bengal it, calcutta. the facts relating thereto which have been found and/or are not in dispute are briefly as follows : the assessee is shantilal c. mehta, the administrator to the estate of late madan shum slier jung bahadur rana of nepal. the assessment years involved are 1952-53 and 1953-54. the corresponding previous years are the financial years ending respectively on the 31st march, 1952, and on the 31st march, 1953. 2. madan shum sher jung bahadur rana of nepal, hereinafter referred to as ' the rana ', was during his lifetime assessed to income-tax in the non-resident refund circle, bombay, in respect of dividends and interest on securities. he died intestate on or about 20th june, 1953. letters of administration were issued by this court on the 6th january, 1954, in favour of the assessee. 3. the income-tax officer, ' a ' ward, district 1(1), calcutta, started proceedings under section 34 of the indian income-tax act, 1922, with notices under the said section issued on the 18th march, 1961, in respect of both the assessment years as follows :'to sri shantilal c. mehta, administrator to the estate of late madan shum sher jung bahadur rana of nepal 23, sri hariram goenka st., calcutta. whereas i have reason to believe that your income assessable to income-tax for the assessment year 1953-54 has- (a.) escaped assessment, (b) been .....

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Mar 30 1977 (HC)

Gobinda Chandra Bhowmick Vs. the State of West Bengal

Court : Kolkata

Decided on : Mar-30-1977

Reported in : AIR1977Cal371

sankar prasad mitra, c.j. 1. this bench has been constituted pursuant to a reference under chap. vii of the appellate side rules by a division bench consisting of mr. justice p. k. chanda and mr. justice sudhamay basu.2. the question referred to us is as follows :--'for the purpose of determining whether a person is a child or not within the meaning of section 28 of the west bengal children act, 1959, is the age to be determined with reference to the date of the commission of the offence or when the person is brought before the court or with reference to some other date ?'3. in criminal appeal no. 470 of 1'974, (madan pradhan v. the state) reported in 1976 (1) cal lj 224 mr. justice p. c. barooah sitting with mr. justice h. n. sen has held that if a person be a child 'on the date of the commission of the offence for which he was convicted' his trial along with an adult is 'clearly without jurisdiction being in contravention ofthe specific provision of section 28(1) of the act'.4. the other division bench of mr. justice p. k. chanda and mr. justice sudhamay basu was unable to agree with this view. according to their lordships it is the date of trial and not the date of commission of offence that is relevant.5. our difficulty is that in view of the facts of the instant case the answer that we may give to the question referred to us would be academic.6-8. the case of the petitioner is that on the date when the alleged offence took place the petitioner was below 18 years of age. .....

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May 30 1977 (HC)

Govinda Chandra Bhowmick Vs. the State of West Bengal

Court : Kolkata

Decided on : May-30-1977

Reported in : 1977CriLJ1501

sudhamay basu, j.1. this rule was obtained by the petitioner who was committed to the court of session by a magistrate, 1st class, sealdah on october 19, 1973, to be tried along with two others of charges under sections 304/34, i. p. c. and under section 27 of the arms act. the occurrence, according to the prosecution, took place on the 8th of september, 1971, at about 11.30 p. m. when the three accused involved in the sessions trial fired a few shots at 38/a, murari pukur road, killing one person and injuring another who were on the roof of the house. the petitioner alleges that he was seventeen years five months when the alleged offence was committed. an affidavit sworn by the father of the petitioner, sri kalipada bhowmick, states that the petitioner was born on 13-4-1954. when the sessions trial was due to commence the petitioner submitted that as he was a child under the west bengal children act, 1959, he could not be tried with the other adult accused persons. the learned sessions judge noted that the petitioner did not contend that he was still a child but the contention on behalf of the petitioner was that the magistrate who committed the petitioner to the court of session had no jurisdiction. the learned sessions judge held that he assumed jurisdiction on the basis of commitment. as the matter related to jurisdiction he gave leave to the petitioner to move this court. in the circumstances a rule was obtained in this case calling upon the district magistrate, 24 .....

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Jul 14 1977 (HC)

Commissioner of Income-tax Vs. Kailasho Devi Burman and ors.

Court : Kolkata

Decided on : Jul-14-1977

Reported in : [1978]115ITR732(Cal)

ramendra mohan datta, j. 1. i think the tribunal has totally failed to draw the irresistible inference from the facts placed before it. therewas no scope for vacillation or giving the benefit of doubt to the assessee. the only conclusion that could be reached from the admitted facts was that the notice of demand was duly and properly served on the assessee. the tribunal definitely misdirected itself and committed an error on the face of the record by taking the statement of the counsel as evidence before it. the statement of the counsel was to the effect that there was no such person by the name of phool singh who had authority to receive any such notice on behalf of the assessee. that could not have been relied on by the tribunal as evidence before it. if that was the position then the assessee should have come forward to deny such service on cogent evidence and until that was done the tribunal would have the only option to proceed on the basis of the acknowledgment receipt which showed that the demand notice was duly served on the assessee. if the tribunal had done so it would have reached the inevitable and inescapable conclusion that the demand notice had been duly and properly served. the tribunal ought not to have misled itself by relying on the slip which contained a misleading note by an inspector that the correct name of the assessee was 'rash behari burman 'and not' rash behari das barman'. the tribunal ought to have taken note of the fact that the assessee had all .....

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Sep 28 1977 (HC)

Chiranjilal Agarwalla and anr. Vs. Jai Hind Investments and Industries ...

Court : Kolkata

Decided on : Sep-28-1977

Reported in : AIR1978Cal177

orderpadma khastgir, j.1. this suit has been filed by chiranjilal agarwalla and puran chandra ram against the defendants jai hind investments and industries private ltd. and krishna kumar bagla, inter alia, for a declaration that the ex parte decree obtained by the defendant no. 1 on 27th june, 1966 passed in suit no. 1271 of 1964 is fraudulent and void and the same is not executable against the defendants, the decree is liable to be set aside, for removal of attachment, damages of rs. 15,000, injunction, cost and other consequential reliefs. the facts of this case shortly are, that under a hire-purchase agreement dated 22nd jan., 1962, the plaintiff no. 1 chiranjilal agarwalla obtain possession of a bedford diesel truck bearing no. 3363815 on the engine and bearing chassis no. j4lzp699920 and police registration no. orb 1150. the plaintiff no. 2 was the guarantor under the said agreement. in the said suit the defendant no. 1 stated that as the entire stipulated amount under the hire-purchase agreement was not paid by the present plaintiffs, the defendant no. 1 had to file the said suit for recovery of the balance instalments as also for possession of the vehicle, in the alternative a decree for rs. 15,000 being the market value of the said vehicle and other reliefs. the said suit was filed on 10th july, 1964 and on 15th july, 1964 an ad interim order was passed by this hon'ble court appointing shyam sunder agarwalla, one of the employees of the defendant no. 1 as receiver to .....

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Dec 15 1977 (HC)

i.T.C. Limited Vs. M.M.P. Lines Pvt. Ltd. and ors.

Court : Kolkata

Decided on : Dec-15-1977

Reported in : AIR1978Cal298

ordersabyasachi mukharji, j.1. this is an application for amendment of the plaint. the suit in question was filed on 25th june, 1974. the master's summons for the application for amendment of the plaint was taken out on 25th june, 1977. the summons was made returnable on the 4th july, 1977 and on the 4th july, 1977 directions for affidavits were obtained from the court. the suit is by the plaintiff, i. t. c. ltd. against seven defendants. the main defendant, however, is the defendant no. 1 and the plaintiff alleged that the defendant no. 1, of which the defendants nos. 2 and 3 are the directors and guarantors, had borrowed some money and the plaintiff had agreed to lend and advance to the defendant no. 1 the said moneys on, inter alia, the terms that they would pledge two trawlers to the plaintiff as security for repayment of the amounts advanced. both the trawlers were insure with the national insurance company ltd. being the defendant no. 5 herein. the material fact for the present purpose is that one of the trawlers viz. akashi maru was lost on 15th sept. 1973. it is alleged that on 30th oct. 1973 the plaintiff wrote to the defendant no. 5 about the assignment of the policies of the insurance in favour of the plaintiff and claimed damages payable under the insurance policies. on 3rd nov. 1973 the defendant no. 5 wrote back to say that the defendant no. 5 was not informed about the assignment of the policies, thereafter the suit was filed, as i have mentioned before, on the .....

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Jan 28 1977 (HC)

Jnanendra Nath Pramanick Vs. the District Magistrate, Nadia and ors.

Court : Kolkata

Decided on : Jan-28-1977

Reported in : AIR1978Cal324,81CWN986

m.n. roy, j.1. the petitioner, an elected commissioner of santipur municipality (hereinafter referred to as the said municipality), has challenged a notice in annexure 'a,' issued by the district magistrate, nadia in exercise of the powers under sub-section (4) of section 61 of the bengal municipal act, 1932 (hereinafter referred to as the said act).2. at the time material to the rule, shri pratap chandra saha (respondent no. 5) was the chairman of the said municipality. a notice dated october 9. 1976 was signed by 16 out of the 18 commissioners of the said municipality and was served on the district magistrate, nadia (respondent no. 1), informing her thereby that they have no confidence in the chairman of the said municipality and requesting the said respondent no. 1 to convene a special meeting of the commissioners under section 61 of the said act for the purpose of moving the following resolution:^^lkrhiwjh iksj'khkkj egk?;{kx.k iksj&lhkkifr; jh izrkipanz lgkj izfr vuklfkk xkkiu djhrs lsu ,cax caxka; iksj v;usj ,dl'vh /kkjk vuqlkjs rkgkds iksj lhkkifrj in gksbz rs vilkjhrs dfjrslsu**- the original of the notice was produced by mr. ghosal appearing for the respondents nos. 1 to 4 and a copy of the same has also been annexed with the affidavit-in-opposition of respondents nos. 15 to 28. the receipt of the said notice has not been denied by the district magistrate concerned in her return to the rule and she has stated that on receipt of the said notice at about 10.30 a. m., .....

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Feb 09 1977 (HC)

Surja Mohan Chakraborty and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Feb-09-1977

Reported in : [1977]39STC462(Cal)

m.n. roy, j.1. the petitioners, who are partners of messrs. southern electric company (hereinafter referred to as the said petitioners) and deal inter alia amongst others in hardwares, torches, batteries, fittings, cablewares, fans and electrical parts and accessories and bulbs, moved and obtained the rule on 27th november, 1972, against a notice in annexure b, which is dated 22nd august, 1972 and was issued by the assistant commissioner, commercial taxes, calcutta, south circle, respondent no. 4, whereby they were directed to show cause on 13th september, 1972, as to why a security of rs. 1,00,000 under section 7(4a)(i) of the bengal finance (sales tax) act, 1941 (hereinafter referred to as the said act), should not be demanded from them.2. it has been stated by the said petitioners that the partnership in question at all material times had and still has a great reputation and goodwill in the market, as a result whereof they could obtain distributorship and authorised dealership and recognised wholesalership of firms of repute, amongst others, like the union carbide india ltd., philips india ltd., crompton and greaves ltd. and belrex india ltd. it is also an undisputed fact that the said petitioners are registered under the said act and the central sales tax act, 1956, having registration nos. bh/3469a and 697a/bh/central respectively under the acts as aforesaid. it has been contended by the said petitioners that in terms of the conditions of such registration and in .....

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