Kolkata Court June 1950 Judgments
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Carlsbad Mineral Water Mfg. Co. Ltd. Vs. H.M. Jagtiani
Court: Kolkata
Decided on: Jun-19-1950
Reported in: AIR1952Cal315
ORDERJ.P. Mitter, J.1. This is an application for a writ of Mandamus to compel the respondent H. M. Again as General Manager of the East Indian Railway to issue to the applicants a license or licenses for the period of 1-6-1950 to 31-3-1951 for sale, throughout the railway system, of ice, mineral waters ft cordials, & to direct the Divisional Superintendents of the Railway to permit the applicants to use the premises heretofore used by them as depots b stalls for the sale of their products.2. The applicants are manufacturers & caterers of ice & mineral waters. For 27 years or so they have worked as Railway contractors for catering ice, aerated waters & cordials to 'bonfire' passengers, Railway servants, Railway Institutes & hospitals & to refreshment room contractors over the entire system of the said Railway. The respondent was lately the Chief Commercial Manager, & is now the General Manager, of the East Indian Railway. The Head Office of the said Railway is at No. 105, Netaji Subhas...
Ashutosh Maity and ors. Vs. Narendra Narayan Bera and ors.
Court: Kolkata
Decided on: Jun-16-1950
Reported in: AIR1950Cal506
Harries, C.J.1. This is a second appeal preferred by the defendants from concurrent decrees of the Courts below made in favour of the plaintiffs. 2. The suit was brought by the plaintiffs for a declaration of title to certain property and for recovery of possession of the same. It was alleged that the property originally belonged to one Panchu who died in the year 1892. On his death he left a daughter, Maya. His two sons had predeceased him. But the wives of these predeceased sons were alive at Panchu's death. The plaintiffs in their plaint alleged that Panchu was in possession of the property when he died. His daughter Maya died in the year 1943 leaving a son, Bhutnath. On 23rd October 1943 Bhutnath sold the property in dispute to the plaintiffs. They could not get possession of the property and brought this suit for a declaration of title and for possession. 3. The defendants pleaded that Panchu, some two years before his death, had made a gift of the properties in dispute to the two...
Safedali Fakir Vs. Sm. Radharani Deb
Court: Kolkata
Decided on: Jun-14-1950
Reported in: AIR1952Cal210,56CWN441
G.N. Das, J.1. This appeal by the defendant is directed against a judgment of Mookerji J. dated 14th June, 1950 passed in 'S. A. No. 300 of 1947'.2. The facts are not in controversy and may be stated as follows.3. An occupany holding, which is the disputed property, was held by one Maneswari Dasi under the landlords, Parijat Charitable Trust Estate, represented by the receiver Raja Raj Kissen Deb Bahadur. The latter instituted a suit for recovery of rent, being Rent Suit No. 659 of 1943 against Maneswari Dasi in the First Court of the Munsif at Diamond Harbour. The suit was duly framed under the provisions of Section 148A of the Bengal Tenancy Act (hereinafter called the Act). During the pendency of the suit for rent, on 19-6-43 Maneswari Dassi sold the whole of the occupancy holding to Bireswar Deb Sarkar, husband of the plaintiff Radharani Deb Sarkar. Notice of the transfer of the occupancy holding under Section 26C of the Act was served on 12-12-1944.4. The landlords Parijat Charita...
Debendra Nath Mandal Vs. Sakhilal Kar and ors.
Court: Kolkata
Decided on: Jun-13-1950
Reported in: AIR1950Cal526,55CWN320
R.P. Mookerjee, J.1. The plaintiff appellant filed a suit for the specific performance of a contract, the terms of which are contained in a compromise petition which had been filed in an earlier suit between the parties. The plaintiff had paid either the whole or a substantial portion of the consideration money for a certain property under the terms agreed upon, and the plaintiff was required to pay an additional amount of Rs. 28 within one month from the date of the compromise, namely, 18th November 1943, and the defendants were required to execute the conveyance according to the agreement. The plaintiff's case was that after the compromise had been entered into, he had attempted to pay the money and to get the conveyance, but without success. Hence, the present suit for specific performance of the contract and for getting a conveyance from the defendants. It may be stated further that out of the properties which were to be conveyed under that agreement, possession of one of them had ...
Ramanlal Rathi Vs. the State
Court: Kolkata
Decided on: Jun-13-1950
Reported in: AIR1951Cal305
Harries, C.J.1. This is a petition for revision of an order of a learned Additional Sessions Judge setting aside a conviction and ordering a retrial.2. The petitioner was charged under Section 7, Essential Supplies Act, for contravention of para. 4 (1), West-Bengal Cloth and Yarn Movement Control Order, 1947. He was found guilty by a learned Magistrate and was sentenced to two years' rigorous imprisonment and to pay a fine of Rs. 1000. In default of payment of the fine he was ordered to undergo a further period of six months' rigorous imprisonment. Certain cloth which was the subject matter of the prosecution was ordered to be confiscated.3. The case for the prosecution was that the petitioner came to Bongaon which is near the frontier between India and Pakistan on 28-11-1947 bringing with him ten bales of new textiles goods which were loaded in a truck. On 29-11-1947 the petitioner went to the Bongaon Police Station and sought for permission to move the goods from India into Pakistan....
Sm. Charu Bala Dasi Vs. Province of West Bengal
Court: Kolkata
Decided on: Jun-12-1950
Reported in: AIR1950Cal473,54CWN940
G.N. Das, J.1. This appeal is directed against a decision of Mr. B.C. Nandy Majumdar, Sub-ordinate Judge, 2nd Court, Alipore, dated 12th November 1949, revoking the grant of letters of administration to the appellant. 2. The facts are not in controversy and are as follows : The appellant Charubala and Santamani were sisters. They belonged to the Kaibarta caste. They were widows and subsequently lapsed into prostitution. The said Santamani died on 15th January 1946. At the time of her death she owned and possessed premises No. 6A Nabu Roy Lane, Calcutta. On 6th April 1946 the appellant made an application for the grant of letters of administration to the estate of Santamani. This was registered as Letters of Administration case No. 51 of 1946. 3. Thereafter Butto Krishna Saha and Atul Krishna Saba, set up a Will alleged to have been executed by Santamani. This was registered as Letters of Administration case No. 54 of 1946. Charu Bala filed an objection. The application was dismissed on...
The Province of Bengal Vs. Pawn Kissen Law and Co.
Court: Kolkata
Decided on: Jun-09-1950
Reported in: AIR1950Cal498,54CWN801
G.N. Das, J.1. This appeal is by the Province of West Bengal from a decision of Mr. R.S. Trivedi, Arbitrator, appointed under Section 19 Defence of India Act, and dated 16th March 1948. Premises No. 30 Ballygunge Park now numbered as No. 44 Iconside Road belonged at the relevant time to Pran Kissen Law & Co. On 15th November 1944 the aforesaid premises were requisitioned' by the Government. The sail premises were later on acquired by the Government under Section 75 (A), Defence of India Rules, on 12th April 1945. Before the Collector the respondents Pran Kissen Law and Co., preferred a claim on 9th December 1944. The petition has been marked Ex. A. IN that petition the respondents claimed a sum of Rs. 2049 per month as compensation-for the lands on account of the requisition made by the Government. No agreement was however reached between the Government and the claimants as regards the compensation payable for the requisition of the land. Accordingly on 21st November 1946 the responden...
S.K. Chaudhuri Vs. Joy Kumar Sarkar
Court: Kolkata
Decided on: Jun-09-1950
Reported in: AIR1950Cal515,55CWN75
Roxburgh, J.1. This appeal arises out of a suit for ejectment filed on 18th June 1946 under the provisions of the Calcutta Rent Control Order, The premises had been let in July 1942 at a rental of Rs. 32. The plaintiff based his suit on the grounds that notice had been served and that the defendant was a habitual defaulter. There was also a claim for damages for the period subsequent to the notice. The trial Court decreed the suit giving damages only up to the date of suit. 2. There was an appeal by the defendant to the subordinate Judge, 2nd Court, Alipore, and a cross objection by the plaintiff for damages from the date of suit to the date of recovery of possession. The lower appellate Court dismissed the appeal with costs and allowed the defendant's (plaintiff's?) cross objection. The defendant now appeals. 3. For the appellant three points were argued before me (1) that as the plaintiff had instituted a proceeding for fixing a standard rent before the Rent Controller before the dat...
Karali Prasad Roy Vs. Probodh Chandra Mitra and ors.
Court: Kolkata
Decided on: Jun-09-1950
Reported in: AIR1950Cal513,54CWN900
Banerjee, J.1. This second appeal arises out of an execution proceeding instituted in the following circumstances. The decree in the suit was made on 30th June 1933. An appeal from it was dismissed on 30th January 1934. An application for execution of the decree was made on 14th August 1934. In due course sale proclamation was published on 21st July 1935. But no further step having been taken, it was dismissed for default on 4th December 1935. 2. On 23rd June 1937, one Surjya Narayan Roy claiming to be an assignee of the decree filed an execution case. It was registered. On 20th August 1987 the order registering the application was cancelled and the petition was treated as an application for substitution. The decree-holder made another application which gave rise to execution case no. 139 of 1939. This application was filed on 1st September 1939 and was dismissed for want of prosecution on 4th June 1941. In this execution case notice under Order 21, Rule 22, Civil P. C., had been issue...
S.M. Ghose Vs. National Sheet and Metal Works Ltd. and anr.
Court: Kolkata
Decided on: Jun-07-1950
Reported in: AIR1950Cal548,54CWN716
Harries, C.J. 1. This is an appeal by a con-tractor who was made liable to indemnify the respondent No. 1 who had been made liable to pay compensation under the Workmen's Compensation Act. 2. The matter arose in this way. One Ezad Baksh, a Painter Mistri, sustained injury as the result of an accidental fall from scaffolding, whilst he was painting a factory shed which formed part of the premises occupied by responded No. 1 as their place of business. It appears that the workman's left knee was injured and an operation became necessary and some bones or pieces of bone were extracted. There was evidence that the incapacity which resulted from this accident amounted to fifty per cent. 3. Ezad Baksh was employed as a painter by the appellant who was opposite party No. 2. That seems to be clear. He however did not claim compensation against his immediate employer, but claimed it against the National Sheet and Metal Works Ltd., opposite party No. 1 who had employed opposite party No. 2 as a ...
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