Kolkata Court November 1948 Judgments
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The Metal Corporation of India Ltd. Vs. A.S. Subbaiyer
Court: Kolkata
Decided on: Nov-30-1948
Reported in: AIR1952Cal347
Banerjee, J.1. In this application my own inclination was to grant the injunction. It would have been so convenient, if I could grant the injunction. It would have prevented a multiplicity of judicial proceedings. It would have saved the parties costs & harassment of a trial in Madras.2. The issues in the Madras suit are two of the issues in the Calcutta suit. These two issues as formulated by counsel of the petitioner are (1) whether the plff. was induced by misrepresentation of the deft, to enter into the contract of employment, (2) whether the deft, or the plff. broke the contract, if these issues are decided in the Calcutta suit in favour of the deft, he gets a decree in the Madras suit as a matter of course. If these issues are decided against him, the Madras suit is dismissed.3. The contract of employment obviously was made in Calcutta at the interview referred to in the letter dated 4-12-1944, from plff. to the deft. Prima facie the witnesses are in Calcutta. The deft, has filed...
Lachman Sing Vs. the King
Court: Kolkata
Decided on: Nov-26-1948
Reported in: 1949CriLJ456
ORDER1. This rule is on behalf of one Lach. man Sing who has been convicted under Section 304A, Penal Code, and senteneend to rigorous imprison, merit; for six months.2. The prosecution case was that at about 6 p. m. on 2nd March 1947, a girl Bithi aged about 5 to 6 -years was run over by a lorry No. BG2809 driven by the petitioner Laohman Sing. The girl was billed instantaneously. The lorry did not stop but went away at a great speed. The number of the lorry was noted by some of the persona present and theugh an attempt was made to block the passage of the running lorry it oould not be stopped. The num. ber of the lorry as obtained from the witnesses was taken charge of by the police who came to the spot: immediately thereafter and made the necessary enquiry.3. The accused pleaded not guilty to the charge and the defence was that the number of the offending lorry had not been oorreetly recorded by the witnesses and even if it were so it had not been proved that the accused was driving...
Mukutdhari Shao Vs. Ajodhya Shao
Court: Kolkata
Decided on: Nov-26-1948
Reported in: 1949CriLJ471
ORDERSen, J.1. This motion arises out of proceedings under Section US, Criminal P. G, There was a dispute regarding possession of certain property and proceedings under Section 14S of the said Code were taken resulting in an order passed by the learned Magistrate entertaining these proceedings to the effect that the petitioner was in possession of the property and that he should be given possession thereof. Against this order, the learned Sessions Judge was moved and he called for the records under S, 435, Criminal P. C. While doing so, he directed that the order putting the petitioner in possession should be stayed. Thereupon the pleader appearing before the learned Sessions Judge on the application sent a telegram to the officer in charge of the local thana directing him not to give possession of the property to the first party. No telegram was sent to the Magistrate. The Officer in charge took the telegram to the Magistrate and the learned Magistrate very properly said that as he ha...
Surendra Nath Vs. the Governor General in India in Council and ors.
Court: Kolkata
Decided on: Nov-25-1948
Reported in: AIR1952Cal341
ORDERAmarendra Nath Sen, J.1. This is an application under Section 25, Provincial Small Cause Courts Act. The plff. Surendra Nath Poddar is the applicant & the Governor General in Council & the Manager of the Bengal & Assam Railway are the deft. opp. parties.2. The plff. sued for the recovery of compensation for non-delivery of one out of a number of bales of cloth which was booked by the plff. at Sealdah Railway station on 31-8-1944 to be delivered to him at Kasiani. The Railway failed to deliver one bale & the plff claimed compensation for that bale. There was a series of letters between the plff. & the Chief Traffic Manager & on the failure of the Rly. to satisfy the plff. the plff. on 16-2-1945 sent a notice claiming compensation to the Chief Transportation Manager, Bengal & Assam Rly., 3 Koilaghata Street. A notice was also sent in accordance with the provisions of Section 80, Civ. P. C.3. The defence taken by the Rly. Administration inter alia was that the goods had been stolen b...
Superintendent and Remembrancer of Legal Affairs, Government of West B ...
Court: Kolkata
Decided on: Nov-25-1948
Reported in: 1949CriLJ444
ORDERSen, J.1. This rule must be discharged. The-rule is against an order passed by a learned Presidency Magistrate refusing to consent to the withdrawal of the prosecution from a case against Gopi Mohan Roy one of several accused.2. The facts briefly are as follows: The case was started against Gopi Mohon be y and eight other persons charging them with having committed offences punishable under Section 81 (4), Defence of India Rules, read with Section 8, Essential Supplier (Temporary Powers) Ordinance (xxvin [18] of 19d6) and Section 7(l), Essential Supplies (Temporary Powers) Act (XXIV [24] of 1946) and Section 120B, Penal Code. Put shortly, the charge against the accused was that they were members of a criminal conspiracy to sell salt at a rate higher than that permitted by the Ordinance. Some of the accused were sellers and some were the buyers. The accused Gopi Mohan Roy was the broker who brought the two groups together and who took his commission on the price obtained by the sal...
Sashi Bhusan Banerjee Vs. Tulsi Charan Basu and ors.
Court: Kolkata
Decided on: Nov-22-1948
Reported in: AIR1950Cal107
ORDERSen, J.1. This rule must be made absolute. The rule was obtained by the defendant against an order allowing the plaintiffs to amend their plaint. Put shortly the facts are these. The plaintiffs instituted a suit against the defendants on 1st February 1947 for contravention of the Bengal Municipal Act regarding side space.2. The plaintiff's case was that the defendant petitioner erected a building on his premises in contravention of the rule regarding side space. The rule then in existence provided that there should be a three feet side space. In 1937 the rule was amended and it prescribed a four feet wide space. Before the new rule had been introduced the defendant bad obtained sanction of the Tollygunge Municipality and had erected the first storey of his building in accordance with those rules. In 1946, the defendant erected a second storey in accordance with the old plan which had provided for two storied building and had practically finished construction when the present suit ...
Commercial Structures Ltd. Vs. R. A. Briggs.
Court: Kolkata
Decided on: Nov-16-1948
Reported in: [1949]17ITR30(Cal)
TUCKER, L.J. - This is an appeal from a judgment of Atkinson, J., whereby he dismissed an appeal by way of case stated by the General Commissioners for the Finsbury District. The General Commissioners had confirmed five additional assessments made under Schedule A on the taxpayers, Commercial Structures, Ltd., in purported pursuance of Section 125 of the Income Tax Act, 1918.The taxpayers were the owners of the upper part of a warehouse in Clerkenwell which was in the course of erection at the outbreak of war. In September, 1939, the building was not finished, but it was taken possession of by the Minister of Works under the Defence Regulations, and, accordingly, what is called a compensation rent became payable under the provisions of the Compensation (Defence) Act, 1939. The actual amount of the payment was arrived at by agreement, and fixed at Pound 4,940 per annum. The relevant section is Section 2 of that Act, which reads as follows :-'(1) The compensation payable under this Act i...
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