Kolkata Court August 1950 Judgments
Sabitri Motor Service Ltd. Vs. Asansol Bus Association
Court: Kolkata
Decided on: Aug-31-1950
Reported in: AIR1951Cal255,55CWN81
Harries, C.J.1. This is a petition filed under Article 227, Constitution of India, praying that this Court should reverse an order made by the Commissioner of Burdwan dated 21-2-1950, by which he set aside an order of the Regional Transport Authority for Burdwan and cancelled a licence or permit which had been granted by that authority.2. The petitioners had a permit for a route, running from Barakar through Asansol and Burdwan to Katwa. As this route covered a long distance, the petitioners surrendered the permit which they held and prayed that the route be split into two, namely, Barakar-Asansol-Burdwan and Burdwan-Katwa, and that separate permits should be granted for these two routes. It seems that the matter came before the Regional Transport Authority of Burdwan on 23-9-1949 and the application of the petitioners for splitting up the route and the granting of two permits was rejected. Later,, however, the authority reviewed its earlier decision and granted the petitioners permits...
Tag this Judgment!Bharat Nath Mitra Vs. Ram Swarup Seraogi and ors.
Court: Kolkata
Decided on: Aug-31-1950
Reported in: AIR1951Cal392,55CWN133
Das Gupta, J1. The petnr is one of the superior landlords of C. S. plots Nos. 316, 317 & 342 in Mouza Malipanchghara, which have been acquitted under the Land Acquisition Act I (1) of 1894. An objection as regards the valuation made by the Land Acquisition Collector was made by the present petnr & his co-sharer opposite party No. 6. They also objected to the apportionment of the amount which had been assessed by the Land Acquisition Collector as the compensation to be paid for the value of the land. The Collector made a reference accordingly, both as regards valuation & as regards apportionment.2. It appears that the Land Acquisition Collector awarded a total amount of Rs. 22,303-9-9 for all the interests of this land & out of this he apportioned Rs. 2-7-3 to each of the two proprietors; Rs. 207/- to the intermediate tenure-holders for plots Nos. 216 & 217; Rs. 80-8-0 for another intermediate interest in the same plots; Rs. 128-4-9 for the holder of the intermediate interest in plot No...
Tag this Judgment!Dalmia JaIn Airways Ltd. Vs. Sukumar Mukherjee
Court: Kolkata
Decided on: Aug-30-1950
Reported in: AIR1951Cal193
Harries, C.J.1. This is a petition praying that an order made by the Court of Authority under the Payment of Wages Act be set aside or varied. The petition is made under Article 227 of the Constitution of India.2. The petitioners Messrs. Dalmia Jain Airways Ltd., were the employers of the opposite party Sukumar Mukherjee. It seems that by the terms of Sukumar Mukherjee's employment he was entitled to a month's leave on full pay every year. The employers wishing to end Mukherji's services gave him a month's wages and terminated his employment summarily. The employee made a claim in the Court of the Authority under the Payment of Wages Act for a month's pay in lieu of the period of leave which he was unable to make use of. The Court held that he was entitled to the payment of a month's wages in lien of this period of leave and that is the only question in issue in this petition.3. Mr. Bagchi who has appeared on behalf of the petitioners has urged that the decision of the Court was clearl...
Tag this Judgment!Abdul Mohit Vs. Mt. Zebunnessa Khatun and anr.
Court: Kolkata
Decided on: Aug-30-1950
Reported in: AIR1951Cal205,55CWN269
Lahiri, J.1. This Rule was obtained by Kazi Abdul Mohit who is paternal uncle of certain minors and it is directed against an order made by the Additional District Judge, 24-Parganas, refusing his application to remove the opposite party 1, who is the mother of the said minors, from guardianship under Section 17, Guardians and Wards Act. The Rule was also issued against the opposite party 2, who is the maternal grand, father of the minors, but it is not pressed.2. A Muslim gentleman named Khan Bahadur Kazi Abdul Rashid died leaving certain minor children and upon his death two applications were filed for the guardianship of the persons and properties of the minor children. One application was made by the present petitioner who is the paternal uncle of the minors and the other application was filed by the opposite party l who is the mother of the minor children. By an order dated 9-10-1947 the Additional District Judge, who heard the two cases appointed the mother, opposite party l, as ...
Tag this Judgment!Bimala Prosad Ray and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-30-1950
Reported in: AIR1951Cal258,55CWN87
Harries, C.J.1. This is a petition praying that the Court should interfere with an order made by the Land Acquisition Officer of Burdwan under powers conferred upon this Court by Article 227, Constitution of India.2. To appreciate the points involved it will be necessary shortly to set out the facts of the case which have given rise to this litigation. The petitioners are the holders of property in a village near Burdwan and this property was compulsorily acquired by Government under the provisions of the Land Acquisition Act as the land was required for the erection of locomotive works for the East Indian Railway. In due course notice was served under Section 9, Land Acquisition Act, upon the petitioners and on 20-1-1949 in pursuance of that notice the petitioners put forward their claim. The Land Acquisition Collector thereupon commenced Land Acquisition case No. 15/1A of 1948-49.3. The properties in dispute are two plots known as Nos. 400 and 401 and according to the petitioners the...
Tag this Judgment!Samarendra Nath Bose Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Aug-28-1950
Reported in: AIR1953Cal327,55CWN145
Das Gupta, J.1. At the general revaluation which was to take effect from the fourth quarter of 1939-1940 premises No. 2, Heysham Road were assessed at a value of Rs. 11,080/-. It appears that the monthly income was taken at Rs. 1140/- in spite of the fact that admittedly the rent was Rs. 1300/- per month. In 1945 the Corporation authorities increased, the valuation from Rs. 11,080/- to Rs. 12,636/- and in the notice under Section 138, Calcutta Municipal Act under which when a valuation is increased the notice shall contain a statement of the grounds of such increase it was stated that the increase was estimated on account of rise of rent since the last valuation. There was an objection by the assessee and the Deputy Executive Officer thereupon reduced the valuation to Rs. 11,907/-. He appears to have calculated the monthly income at Rs. 1225/-. There is an appeal by the assessee under Section 41, Calcutta Municipal Act on the ground in fact that there has been no rise in the rent of th...
Tag this Judgment!Peninsular Motor Corporation Ltd. Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-23-1950
Reported in: AIR1952Cal220
ORDERRoxburgh, J.1. This is a Rule against an order of conviction under Section 386 (1) (b) read with Section 488 of the Calcutta Municipal Act. The petitioner is a company carrying on a business of motor repairs which evidently in the opinion of the Corporation officials creates noise and is a nuisance to the neighbourhood. The attention of the firm was drawn to the matter by a letter on the 2nd August, 1948. The firm was given a license under Section 385 of the Calcutta Municipal Act and told that a license under Section 386 would also be necessary. Finally, on a report by the Sanitary Officer, dated the 27th December, 1948, the Chief Executive Officer passed an order on the 11th January, 1949, stating: that the business was creating a nuisance unless certain conditions on the back of the order were complied with and a license was refused. Accordingly, the present case was started.2. The main point urged on behalf of the accused company is that under Section 386 (1) (b) the opinion o...
Tag this Judgment!Dominion of India and anr. Vs. Mahabir Lall and ors.
Court: Kolkata
Decided on: Aug-21-1950
Reported in: AIR1951Cal285
ORDERK.C. Chunder, J.1. These are three revisions against three orders of the Munsif Second Court Burdwan.2. Three decrees were obtained against three Railway servants. The Munsif of Burdwan appointed three Receivers in the three cases by way of equitable execution and directed the Chief Accounts Officer of the East Indian Railway in two cases and the Divisional Accounts Officer of the same Railway in the third case to make over to the Receiver the Provident Fund money. This order was even before the money became payable to the depositor. These three Rules are against that order of the Munsif in the case of the three Accounts Officers.3. Good deal has been sail as to whether the Munsif had jurisdiction to appoint a Receiver in each of these cases. It seems that Roxburgh J. had doubted not exactly the jurisdiction but the propriety of doing so in case of Railway or Government Provident Funds. As far as jurisdiction is concerned, as Section 3(1), Provident Funds Act, speaks only of attac...
Tag this Judgment!Jogendra Nath Chatterjee and Sons Vs. Chandreswar Singh
Court: Kolkata
Decided on: Aug-14-1950
Reported in: AIR1951Cal29,55CWN48,(1951)ILLJ217Cal
Sen, J.1. This is an application under Section 115, Civil P. C., and also under Article 227 of the Constitution of India against an order passed by the Court of Small Causes sitting on appeal against an order passed by the Authority appointed under the Payment of Wages Act (Act IV [4] of 1935). We might mention at once that learned advocate appearing for the petitioner at the very inception stated that he was not going to urge that Article 227 of the Constitution applied inasmuch as the Constitution was not in force at the time the judgment of the appellate-Court was passed. So we shall treat this application as one under Section 115, Civil P. C.2. The facts which need be stated briefly are as follows : The petitioner is the Manager of Messrs. Togendra Nath Chatterjee & Sons, a partnership firm carrying on business in engineering goods. The firm employed the opposite party Chandreswar Singh at a monthly salary of Rs. 47. He worked from 16-6-1947 till 13-2-1948 and went home on leave. H...
Tag this Judgment!Rajendra Nath Saha Vs. Saraswati Press Ltd.
Court: Kolkata
Decided on: Aug-14-1950
Reported in: AIR1952Cal78
ORDERP.B. Mukharji, J.1. This is an application for amendment of the plaint. It raises the important question whether a plaint for specific performance of a contract can be converted by amendment into a plaint for damages for breach of contract.2. The suit was instituted on or about 17-12-1946. The plaint claims specific performance of an agreement dated 31-7-1946, under which the plff. Agreed to sell the deft. premises Nos. 3A, 3B & 3/1, Maharani Swarnamoyee Road for a sum of Rs. 2,30,000/-. There is no pleading in the plaint for damages for breach of contract but there is a claim for compensation in addition to or in substitution of the claim for specific performance.3. The amendment that the plff. Now seeks in his application made on the petition affirmed on 19-6-1950 is to delete the averment of readiness & willingness & to delete the claim for specific performance & to substitute a claim for damages simpliciter for breach of the agreement. The reason put forward for this amendment...
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