Kolkata Court February 1947 Judgments

Governor-general in Council Vs. Associated Live-stock Farm (India) Ltd ...

Court: Kolkata

Reported in: AIR1948Cal230

ORDERS.R. Das, J.1. This is an application by the defendant for stay of this suit under the provisions of the Arbitration Act. An interim order for stay was made by Gentle J., on 12-11-1946 pending the hearing of this application.2. On 17-2-1943 the plaintiff company made a tender for the supply of meat for troops and hospitals in a certain area in Eastern Command between 1-4-1943 and 31-3-1944 subject to the conditions and stipulations specified in the said tender and in the 'instructions to tenderers.' The said tender was duly accepted and the contract was sanctioned by Q.M.G. in India. On 15-3-1943 the plaintiff company made another tender for the supply of meat, live goat and sheep in a certain area in Eastern Command between 1-5-1943 to 31-3-1944 subject to similar terms. This tender was also duly accepted and the contract was sanctioned by Q.M.G. in India. In each case the instructions to tenderers, the tender and the acceptance constituted the contract between the parties.3. In ...

Channu and ors. Vs. Emperor

Court: Kolkata

Reported in: AIR1948Cal125

Roxburgh, J.1. These are two appeals by five accused who have been convicted on a charge of dacoity. Two of them Sk. Channu and Bejoy Ghosh have been sentenced to four years' rigorous imprisonment each, and the other three appellants Rajendra Das, Suresh De and Kartick Das to six years' rigorous imprisonment each under Section 395/75 of the Penal Code. The verdict of the jury was unanimous. Two of the appellants, Sk. Channu and Bejoy Ghosh are represented in the appeal; the other three have appealed from jail.2. There was an approver in the case. The evidence against Sk. Channu consists of the evidence of the approver and the statement of one Sonatan Bera (P.W. 20) who says he saw this man with two others, the approver and Rajendra Das at 2 or 3 P.M. at what is known as Dharma Road, and the evidence of one Asgar Ali (P.W. 22) who saw him with the approver in a Workmen's train at about midday on the day of occurrence. The real evidence against this accused which must have influenced the...

Commercial Bureau Vs. N.R. Ghoshal and anr.

Court: Kolkata

ORDERLodge, J.1. This Rule was issued on the Chief Presidency Magistrate and upon the opposite patty to show cause why an order of acquittal should not be set aside. The material facts are as follows: The present petitioner filed a petition of complaint against the two opposite parties on 5-12-1945, alleging that they had committed offences punishable Under Section 406, 420 and 420/114, Penal Code.2. The case for the prosecution briefly was that the complainant is the manager of the firm known as the Commercial Bureau of No. 28, Strand Road, Calcutta, and that that firm carried on business of manufacturing and supplying black-tape and micanite goods to the Government for war purposes, and that in the year 1945 they obtained a certain quantity of silk yarn by means of Government requisition, which silk yarn was required to be made up into silk materials. He was approached by the accused persons who represented themselves to be the managing directors of the firm known as Shree Ram Silk M...