Kolkata Court November 1949 Judgments
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Sris Chandra Nandy Vs. Sm. Annapurna Ray
Court: Kolkata
Decided on: Nov-04-1949
Reported in: AIR1950Cal173
Harries, C.J.1. This is a petition for revision of an order of a learned Subordinate Judge of Murshidabad directing that the evidence of the plaintiff's husband be taken on commission.2. The plaintiff who is a lady had already given evidence on commission in the suit and it is suggested that her husband was her legal adviser and a most important witness in the case. The defence were naturally anxious to cross examine this witness in open Court. But an application was made for the issue of a commission on the ground that the witness was unfit to give evidence.3 An affidavit of the plaintiff was filed in support of the application and a medical certificate of some medical practitioner was also tendered.4. There can be no doubt that the learned Judge in coming to the conclusion that a commission should issue was influenced by this medical certificate. In his order he states :'Heard the learned lawyers of both parties and perused the petition of the plaintiff of date supported by a medical...
Based Sheikh Vs. the King
Court: Kolkata
Decided on: Nov-04-1949
Reported in: AIR1950Cal331
1. This is an appeal by one Based Sheik who has been convicted of dacoity under Section 395, Penal Code, on a majority verdict of 4 to 1 and has been sentenced to four years' rigorous imprisonment.2. The evidence against the accused may be briefly summarised as follows: There were two eye-witnesses who identified him; they had also previously identified him at a test identification parade. There was some evidence of association with his co-accused both before and after the occurrence and there was evidence of a confession made by the accused Based.3. The learned Sessions Judge has not properly dealt 'with the last piece of evidence, namely, the confession. He admitted the confession as evidence on the ground that he had accepted it as admissible as having been properly recorded by a Magistrate who had stated that he was satisfied that the confession was made voluntarily. The accused made a statement alleging torture by the police to extort the confession and there was some evidence of ...
Judhisthir Chandra Adak and anr. Vs. P.R. Mukherjee and anr.
Court: Kolkata
Decided on: Nov-04-1949
Reported in: AIR1950Cal577,54CWN222
ORDERWhereas an industrial dispute arose between Messrs. Atlas Works Ltd., of 119-A Ripon St., Calcutta and their workmen represented by the Bengal General Engineering and Metal Factory Workers Union, 14 Motisil St., Calcutta and on a reference of the said dispute to a Tribunal, an award was made thereon by the said Tribunal which was published, in the Calcutta Gazette dated 8-6-1948 under Order No. 1680 Lab dated 25-5-1948.And whereas on a representation made by the said Messrs. Atlas Works Ltd. of 119-A Ripon Street, Calcutta, the Provincial Government considers that there have been material changes in the circumstances on which the said award was based.And whereas it is expedient that the said award should be referred to a Tribunal constituted under the Industrial Disputes Act, 1947.Now, therefore, in exercise of the power conferred by the proviso to Sub-section (3) of 19 of the said Act, the Governor is pleased to appoint Sri P.B. Mukerjee, Additional District Judge, to be the Trib...
Province of West Bengal Vs. Midnapore Zemindary Co. Ltd.
Court: Kolkata
Decided on: Nov-03-1949
Reported in: AIR1950Cal159,54CWN677
Harries, C.J.1. This is a petition for revision of a decree for Rs. 300 made in favour of the plaintiff by the Court of Small Causes at Berhampore.2. A suit was brought by the opposite party for recovery of rent of a certain house for the period April 1946 to August 1946 at the rate of Rs. 55 per month and also for the period April and May 1948 at the same rate together with damages amounting to Rs. 34/6. It appears that the petitioners who were the tenants admitted liability for the rent falling due in April and May 1948 and the whole contest between the partieswas confined to the liability for rent for the period April 1946 to August 1946. Eventually the learned Small Cause Court Judge held that the petitioners were liable for rent for that period together with a sum of Rs. 25 by way of damages. He accordingly passed a decree as I have said for Rs. 300.3. The petitioners have contended before us that the province of West Bengal was not liable for this rent and that the suit had been ...
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