Kolkata Court November 1951 Judgments
Hemanga Coomar Mookherjee and ors. Vs. M.C. Chakravarty
Court: Kolkata
Decided on: Nov-30-1951
Reported in: AIR1952Cal732,[1952]22CompCas270(Cal),56CWN632
Chakravartti, J.1. This Rule which involves a a short point under the Banking Companies (Amendment) Act 1950, arises out of the following facts.2. The petitioners are the owners of Premises No. 10B Canal Circular Road, Calcutta, which they let out to Opposite party No. 3, Nur Mahammad Habib & Co. That tenant left the lands upon a notice to quit but immediately thereafter opposite Party No 2, the Orient Glass Company Ltd., entered upon the land. According to the petitioners, the entry by the Orient Glass Company Ltd., was an act of trespass and not only did they enter upon the land wrongfully, but they also caused damage to some structures standing thereon In those circumstances, the petitioners brought a suit against both Nur Mahammad Habib anct Company and the Orient Glass Company Ltd., for recovery of possession of the land and damages. That suit resulted in an ex parte decree, passed on 19th June 1950 whereby the petitioners claim for possession was allowed and a sum of Rs. 1680 was...
Tag this Judgment!Kedarnath Daruka Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Nov-29-1951
Reported in: AIR1952Cal570,56CWN165
K.C. Chunder, J.1. This appeal is on the question of sentence. The appellant is a doctor who has a dispensary in Burrabazar. In his dispensary, was found a bottle of olive oil which it is admitted was found on examination to be adulterated with ground-nut oil. The doctor pleaded guilty and was willing, as the learned Magistrate says, to point out the source from which he got it. The learned Magistrate says...............'but none there is to go to that place just to stop such adulteration'. The doctor was not even asked a question when the adulterated olive oil was found in his dispensary as to where he got his supply from and nothing was done, as the learned Magistrate says, to stop the source of such adulteration.2. The learned Advocate, appearing on be-half of the Corporation of Calcutta, says that later on after this trial the place was searched but no oil was found and the place is within the jurisdiction of the Tollygunge Municipality. This case is an example why adulteration of ...
Tag this Judgment!Calcutta Insurance Ltd. Vs. Commr. of Income-tax
Court: Kolkata
Decided on: Nov-28-1951
Reported in: AIR1953Cal59,[1952]21ITR404(Cal)
Chakrayartti, J.1. There are two references before us relating to the assessment of the same assessee for the same assessment year and both at the instance of the assessee, the Calcutta Insurance Ltd. Reference no. 2 of 1946 was made by the Tribunal under Section 66 (l), Income-tax Act, and comprises two questions of law. The application on which the reference was made formulated nine questions, but with regard to seven of them, the Tribunal refused to state a case on the ground either that no question of law arose or that the question was based on an incorrect statement of facts. Thereupon, the company moved this Court under Section 66 (2) of the Act and obtained a direction to the Tribunal to state a case on six of the seven questions, one of which was slightly re-cast. Reference No. 4 of 1947 was made in accordance with that direction. In making that reference, the Tribunal did not submit a fresh 'Statement of the ease'., as the facts relating to the further questions directed to be...
Tag this Judgment!Commissioner of Income-tax, West Bengal Vs. General Family Pension Fun ...
Court: Kolkata
Decided on: Nov-28-1951
Reported in: AIR1953Cal299,[1952]21ITR497(Cal)
Chakravartti, J. 1. The principal question submitted to us by this Reference relates to an apparent difficulty in computing, under the Income-tax Act, the taxable profits of a life Insurance business, where such business includes sale or granting of annuities. In the particular case where the question has arisen, the business consists solely in granting of annuities and in such cases the difficulty appears to be greater.2. In order to explain what the question is and how it has arisen, it is necessary to refer to the relevant provisions of the Act before stating the facts. At the present stage the reference need be only in broad outline. Before the amending Act of 1939, the profits and gains of life insurance business, in the case of companies incorporated in British India, were to be computed mainly under Rule 25 of the Rules framed under Section 59 of the Act. That rule prescribed a single straight-cut method and directed that the profits for any particular year were to be determined...
Tag this Judgment!Ramkrishna Roy Vs. the State
Court: Kolkata
Decided on: Nov-28-1951
Reported in: AIR1952Cal231
Harries, C.J.1. This is a petition preferred by one Ramkrishna Roy praying that his commit trial to stand his trial along with a number of other persons in the Court of Session upon charges of murder, rioting concealment of evidence of murder and causing hurt be quashed on the ground that there was no evidence at all before the learned Magistrate upon which this man could be committed to stand his trial.2. The case for the prosecution was that eighteen persons including, the petitioner had attacked one Kazi Ali Hossain and had , murdered him and thrown this body down the shaft of a disused mine. It was said that on the day in question the deceased was going to the house of a zamindar of the village at about 6 p.m. He was waylaid and attacked and brutally assaulted by deadly weapons and as a result of his injuries he died very quickly. His body it is said, was taken to the air-shaft of an abandoned colliery and was thrown into the shaft.3. There was direct evidence implicating a number ...
Tag this Judgment!State Vs. Harish Chandra
Court: Kolkata
Decided on: Nov-28-1951
Reported in: AIR1952Cal576,56CWN163
ORDERK.C. Chunder, J.1. This is a reference made by the Sessions Judge of Midnapur against a sentence of daily fine imposed upon one Harish Chandra Mahanty under section 5 of the Bengal Highways Act, 1925, for violation of Rule 31(2) o that Act. The substantive offence committed is obstruction on or near a public highway. The magistrate imposed a fine for the obstruction. Upto this portion the learned Magistrate's order is correct. Then he proceeded to direct the accused'to remove forthwith the obstruction and the unauthorised structure failing which the accused shall pay a daily fine of Re. 1/- for every day during which the breach is continued after this conviction.........,...'This part of the order imposing a daily fine, not in accordance with section 5 of the Act. Section 5 runs thus: 'In making any rule under this Act, the Provincial Government may direct that abreac thereof shall be punishable with a fine which may extend to ten rupees, and when the breach is a continuing one, w...
Tag this Judgment!Nurul Haqu Mali and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Nov-28-1951
Reported in: AIR1952Cal874,56CWN183
ORDERBose, J.1. This is an application under Article 226 of the Constitution for an appropriate writ for cancellation of a Notification dated 13-3-1951 made under Section 6, West Bengal Land Development and Planning Act and another Notification under Rule 8 of the West Bengal Land Development and Planning Rupess. The petitioners are 36 in number and they are cultivators. By a notification dated 17-11-1949, published in the Calcutta Gazette of 24-11-1949 under Section 4, West Bengal Act 21 of 1948, it was declared that certain cadastral survey plots and certain municipal holdings were likely to be needed for a public purpose, viz., settlement of immigrants in the province of West Bengal. By the said Notification one Altra Sainabaya Pally Sanghathan O Grihanirman Samity was authorised to enter upon and survey the lands and do all other acts required or permitted by that Section.It is alleged in the petition that the petitioners on coming to know of the substance of the said Notification,...
Tag this Judgment!Nirmal Chakravarti and ors. Vs. the Land Acquisition Collector, Alipur ...
Court: Kolkata
Decided on: Nov-27-1951
Reported in: AIR1953Cal257
ORDERBose, J.1. This is an application under Article 226, Constitution of India, for an appropriate writ for cancellation of an award made by the Land Acquisition Collector of 24 Parganas and of orders for refund of compensation money passed by him and the Subordinate Judge, Alipore, directing the Receiver to whom the compensation money had been paid to refund the same. The facts may shortly be stated as follows: --One Rai Bahadur Dwarka Nath Chakravartty had created a trust in respect of his immovable properties for payment of debts and for distribution amongst the beneficiaries mentioned in the trust. By the said deed the settlor appointed himself and petitioner 1 and opposite parties 4 and 5 as trustees for carrying on the said trust. The settlor died on 6th July 1945, and petitioners 1 and 2 and opposite parties 4 and 5 are the present trustees in respect of the trust estate. Disputes and differences arose amongst the trustees and there was an application made to Court under Sectio...
Tag this Judgment!Jyoti Bhusan Das and anr. Vs. the State
Court: Kolkata
Decided on: Nov-23-1951
Reported in: AIR1953Cal457
ORDERChunder, J.1. This Rule was issued at the instance of two persons who were convicted by a Magistrate, First Class, Contai, and given a non-appealable sentence. A petition oi motion before the Sessions Judge was rejected by the Additional Sessions Judge of the district.2. The facts briefly are that the Union Board had cut a drain which carried water and fouled the tank of the petitioners. I do not understand how in these civilised times the water of a reservoir could be so fouled by the action of a public body. Anyway, that was what was done. The petitioners considered that this drain trespassed upon a portion of the slope of their tank and the Union Board had no authority to trespass upon the slope of their land in that way by cutting a drain. The petitioners gave evidence of a proper pleader commissioner who had surveyed the lands to the effect that according to what he found the portion of the drain was on the petitioners land. The petitioners therefore destroyed that portion of...
Tag this Judgment!Sheik Pinju and ors. Vs. the State
Court: Kolkata
Decided on: Nov-22-1951
Reported in: AIR1952Cal491
Harries, C.J.1. This is an appeal by five appellants who were tried by a learned Sessions Judge sitting with a jury upon a charge of dacoity under Section 395 of the I. P. Code. The appellant Nandalal Bera was also charged with an offence under Section 412 of the I- P- Code. Nandalal Bera was found not guilty and acquitted upon the charge under Section 395 of the Indian Penal Code, but he was found guilty upon the charge under Section 412 of the Indian Penal Code. He was convicted by the learned Sessions Judge and sentenced to three years' rigorous imprisonment. The other four appellants were found guilty of dacoity and were convicted by the learned Sessions Judge and each sentenced to five years' rigorous imprisonment. It is from these convictions and sentences that the present appeal has been preferred.2. The charges arose out of a dacoity which was said to have been committed on Falgun 7, 1356 B. S. corresponding to February 19, 1950, at about 11 p.m. at the house of one Umesh Chand...
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