Kolkata Court November 1950 Judgments
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Kamalakar Singh and anr. Vs. S.K. Gupta and anr.
Court: Kolkata
Decided on: Nov-22-1950
Reported in: AIR1952Cal147,55CWN203
ORDERSinha, J.1. This is an application under Section 226 of the Constitution for the issue of a writ in the nature of mandamus and/or prohibition directing the respondents, the Secretary, Local Self-Government of the State of West Bengal, and the Commissioner, Presidency Division, to forbear from giving effect to the notification No. 1157M, published in the Calcutta Gazette on the 9th June, 1950, and for other reliefs. The application relates to the affairs of a municipality, called the Garulia Municipality situated in the 24 Parganas. There are two applicants, both of whom claim to be rate payers of the municipality and one of them appears to have held the position of Vice Chairman of the municipality before it was superseded. The notification, which is challenged, has been issued by the Commissioner of the Presidency Division under powers delegated to him by the Government under Section 544 of the Bengal Municipal Act (Apt XV of 1932) and the substantial effect of it is to divide th...
Karali Charan Vs. Smt. Probhasini Devi
Court: Kolkata
Decided on: Nov-21-1950
Reported in: AIR1952Cal129,55CWN645
Das Gupta, J.1. This Rule was directed against an order by the learned Munsif at Ali-pore rejecting an application of the present petitioner for recording evidence as regards his disadvantages in vacating the premises from which he was sought to be ejected in the suit brought by the opposite party. It appears that evidence has not yet been adduced in the case, but the petitioner who was the defendant filed an application on the 12th of June, 1950, praying that it was necessary for the Court to investigate the advantages and disadvantages of both the landlord and the tenant under Section 12 (h) read with the Explanation as it appears in the present Rent Control Act of 1950, and praying accordingly that evidence may be allowed to be led on his behalf on this point. The learned Munsif was of opinion that these provisions of Section 12 of the Act of 1950 can have no operation to the present case and accordingly rejected the petition.2. It was at first contended by Mr. Mitter in support of ...
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