Kolkata Court August 1949 Judgments
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Gopesh Chandra Pal and anr. Vs. Nirmal Kumar Das Gupta
Court: Kolkata
Decided on: Aug-12-1949
Reported in: AIR1950Cal57
ORDERSen, J.1. This is a rule obtained against an order passed by Sri K. C. Banerjee, Police Magistrate, Alipore, rejecting the application by one Gopesh Chandra Pal for being discharged in certain proceedings under Section 409 read with Section 120B, Penal Code.2. The facts briefly are as follows: The complainant Nirmal Kumar Das Gupta opened a current account with the Mahaluxmi Bank. He issued a cheque in favour of Messrs. Dunlop Rubber Company on the Bank for the sum of Rs. 2000 odd on 6th September 1948. On 9th September 1948, the complainant Nirmal Kumar Das Gupta received a telephone message from Messrs. Dunlop Rubber Company that the cheque had been returned by the Bank on the ground that the signature differed. Upon this the complainant went and saw the accountant of the Bank whose name is Lalit Sen and it is alleged that Lalit Sen told him that he should sign the cheque again and that there would be no trouble. The complainant signed the cheque again and it was presented on 11...
Golam Rahman and ors. Vs. the King
Court: Kolkata
Decided on: Aug-12-1949
Reported in: AIR1950Cal66
Lahiri, J.1. In April 1943, the Government of Bengal received reports from the Collector of Burdwan about acute economic distress in certain parts of that district and sanctioned certain sums of money on various dates amounting to a total of about 4 lacs under the Famine Code to be spent on Test Relief operations under the provisions of the said Code. These operations were carried on in 52 different centres through the District Board under the control of the Collector between the months of April and July 1943. The District Board, in its turn, carried out the operations by 'Agents' who used to be employed on a commission basis. Purulia-Ambalgram road under P. S. Kethgram was one of the 52 Centres where Test Relief operation in the shape of earth work was taken up and one Gulzar Shaikh (who has since died) was employed as an agent at this Centre. Under Section 63 of the Famine Code read with para. 6 of the Famine Manual, the Collector directed that the Agent would employ his own men and ...
Sm. Bimala Bala Debi Widow of Nil Krishna Banerjee (Since Dead) and or ...
Court: Kolkata
Decided on: Aug-12-1949
Reported in: AIR1951Cal448
R.P. Mookerjee, J.1. The pltf. applt. brought three suits for assessment of fair & equitable rent in respect of certain lands which had been recorded during the last Cadastral Survey as being liable to assessment. Arrears of rent with cesses & damages have also been claimed for the anterior period 1345-48 B. S. The suits were filed in the beginning of Baisakh 1349. The defts. raised various defences but the only one in issue in these appeals is whether in any suit for assessment of rent the pltfs. are entitled to obtain a decree for arrears calculated on the basis of the rates fixed in these proceedings. Both the Cts. refused to allow the claim for arrears & fixed the rent which would take effect from 1349 B. S. Hence these second appeals on behalf of the pltf.2. It is contended on behalf of the applt. that these are suits for assessment of rent under the general law.3. It is now undisputed that the right to have the rent assessed even in respect of agricultural lands is not limited to...
Babulal Dhandhania Vs. Gauttam and Co.
Court: Kolkata
Decided on: Aug-12-1949
Reported in: AIR1950Cal391
ORDERChatterjee, J.1. This is an application by the petitioner Babulal Dhandhania for setting aside an award made by the Bengal Chamber of Commerce dated 8th April 1949.2. On 9th March 1948, the respondent Gauttam & Co. bought from the petitioner 2,000 maunds of linseed oil at RS. 36 per maund. The terms of the contract will appear from Bought Note No. 2957, a copy of which is annexed to the petition.3. There was a clause that any dispute regarding the contract was to be settled by arbitration of the Bengal Chamber of Commerce in Calcutta. The petitioner failed to deliver the goods in time and it is alleged by the respondent that at the request of the petitioner the time for delivery was extended from time to time till 21st July 1948.4. The petitioner delivered certain quantities but failed to deliver about 1066 maunds. The time for delivery was further extended till 25th August 1918. Yet the petitioner failed and neglected to give delivery. According to the petitioner there was a frus...
Mritunjoy Das Vs. Sm. Sabitrimoni Dasi
Court: Kolkata
Decided on: Aug-11-1949
Reported in: AIR1950Cal59
R.P. Mookerjee, J.1. Defendant 2 is the appellant in this Court and this appeal arises out of a suit for specific performance of contract. The plaintiff's case was that Uttar Manikpur Hitakari Bank, which is represented in these proceedings through its Secretary, had agreed to sell certain lands to the plaintiff under certain conditions. That offer was accepted but the Bank did not accept the amount and the property was sold by the Bank to defendant 1. Hence the suit for specific performance.2. Defendant 1, the subsequent transferee from the Bank, filed a written statement denying all allegations of collusion with the Bank or its officers and further pleaded that he was a bona fide purchaser for value without notice of the alleged previous contract with the plaintiff. Defendant 2 filed a separate written statement alleging that the plaintiff did not fulfil her part of the contract, time was of the essence of the contract, and denying all the other allegations made about collusion and o...
Express Dairy Ltd. Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Aug-10-1949
Reported in: AIR1950Cal61
Sen, J.1. This is an appeal by the Express Dairy Limited against an order of conviction passed by Sri N. K. Ghose, Municipal Magistrate, Calcutta, convicting the Company of having committed an offence punishable under Section 407 read with Section 488, Calcutta Municipal Act. In short, the company was charged with storing for sale adulterated milk. The company has been sentenced to pay a fine of RS. 500. Various defences were taken in the Court below. On the merits the defence was that the milk was not adulterated and in support of that various points were raised regarding the method of the examination of the milk.2. Having regard to the decision at which I have arrived, it would not be proper for me to consider the merits of the case. Mr. Das appearing on behalf of the company points out to me that there was no examination of the company in accordance with the provisions of Section 342, Criminal P, C. He further points out that the provisions of Section 242, Criminal P. C., were not a...
Basant Lal Saha Vs. P.C. Chakarvarty
Court: Kolkata
Decided on: Aug-10-1949
Reported in: AIR1950Cal249,54CWN20
P.B. Mukharji, J.1. This is a suit by the plaintiff for the recovery of possession of premises No. 26C Amherst, Row, Calcutta, and for a decree for the sum of Rs. 705 alleged to be due in respect of arrears of rent from April 1947 to June 1948 and for mesne profits and costs.2. The case of the plaintiff is that the defendant was a monthly tenant under the plaintiff in respect of premises No. 26C Amherst Row at the rent of Rs. 47 per month. A notice to quit was given on 26th May 1948 calling upon the defendant to vacate the premises by the end of June 1948. The plaintiff also pleads that he requires this house for his own occupation. He obtained permission from the Rent Controller on 17th December 1947. The suit was instituted on 12th July 1948.3. The defendant filed his written statement, The default in the payment of rents is denied. The defendant also denies the validity of the notice to quit. The defendant denies that there is any bona fide requirement by the plaintiff.4. In the wri...
Jamuna Prosad Vs. Motilal Santhalia and ors.
Court: Kolkata
Decided on: Aug-09-1949
Reported in: AIR1950Cal63,54CWN182
G.N. Das, J.1. This appeal is at the instance of the defendant and is directed against the judgment and decree dated 29th March 1946 passed by Mr. P. P. I. Vaidyanathan, learned District Judge, Malda, affirming on appeal the judgment and decree dated 17th November 1944 passed by Mr. S. C Chakravarty, learned Subordinate Judge, Malda decreeing the plaintiff's suit.2. The plaintiff's case was that the disputed property appertained to 2 jamas held by the defendants under Sadek Reja. The latter instituted a suit for rent and recovered a decree. In execution of the decree, the property was put up to sale and was purchased by Charu Chandra Sarkar, pleader of the decree-holder on 26th March 1940, The judgment-debtor's application for setting aside the sale failed. The auction purchaser Charu Chandra Sarkar took possession through Court on 31th December 1940 and later sold the property to the plaintiff on 16th December 1942, The plaintiff having failed to get possession, instituted the present...
Federation Bank of India Ltd. Vs. Hanutmal Boid
Court: Kolkata
Decided on: Aug-09-1949
Reported in: AIR1951Cal382,54CWN604
Harries, C.J.1. This is an appeal from an order of Banerjee J. dated December 20, 1948, dismissing an application under the West Bengal Premises Rent Control (Temporary Provisions) Act, XXXVIII [38] of 1948. The application was made by the appellants for an order that the decree in a suit for ejectment and rent made against them at the instance of the respondent and dated August 14, 1947, and all orders for execution made thereunder should be rescinded or varied on such terms and conditions as the Court might seem fit. There was also a prayer for an injunction restraining the respondent, his servants or agents from executing the said decree for possession.2. The facts giving rise to the litigation can be shortly stated as follows. The plaintiff-respondent was the owner of premises known as No. 10, Canning Street in the city of Calcutta. The petitioners, the Federation Bank of India, Ltd., were the tenants under the plaintiff in respect of part of the premises at a monthly rent of Rs. 3...
Ketaki Ranjan Banerjee and ors. Vs. Bipradas Mukherjee
Court: Kolkata
Decided on: Aug-08-1949
Reported in: AIR1950Cal325
Guha, J. 1. This rule at the instance of judgment-debtors is directed against certain orders passed by the learned Additional Subordinate Judge of Asansol in Title Execution Case No. 43 of 1948 arising out of Money Suit No. 30 of 1944 brought by the plaintiff opposite party for recovery of Rs. 29,996-10-6 and for certain other reliefs. That suit was decreed by the learned Additional Subordinate Judge of Asansol in part for Rs. 26,666-8-3 with proportionate costs and also for half the share of the profits of the 'Master Engineering Concern' a partnership business. An appeal (Appeal from Original Decree No. 334 of 1947) against that decree preferred by the present petitioners is pending in this Court. After the filing of that appeal, the judgment-debtors-petitioners filed an application in this Court for stay of the execution of the decree on the grounds inter alia that the plaintiff-opposite party was in embarrassed circumstances and an order was passed on 27th February 1948, by this Co...
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