Kolkata Court November 1951 Judgments
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NaimuddIn Biswas Vs. the State
Court: Kolkata
Decided on: Nov-21-1951
Reported in: AIR1952Cal144
Harries, C.J.1. This is a petition for revision of an order made by a learned Magistrate confiscating certain property belonging to the petitioner.2. The petitioner along with another was originally charged with an offence under the Essential Supplies Act in that they wrongfully moved certain rice of which movement was prohibited by orders in force made under the Essential Supplies Act. It appears that when the case came before a Magistrate it was impossible to obtain any evidence at all against the accused persons and they were accordingly discharged under Section 253 of the Code of Criminal Procedure. The learned Magistrate however thought that the facts and circumstances were suspicious and he made an order of forfeiture. It is against that order that the present petition has been preferred.3. The Essential Supplies Act allows an order of forfeiture to be made if an offence under the Act has been proved. Persons who contravene the provisions of the Act can be dealt with and their pr...
Ram Chandra Chakravarty and ors. Vs. the State
Court: Kolkata
Decided on: Nov-21-1951
Reported in: AIR1952Cal493
Sinha, J.1. These are three applications for revision under Section 439 of the Criminal P. C.There is a common point to be decided in all these three cases and accordingly I shall, deal with the point in one of them (criminal revision case No. 657 of 1951) which will be sufficient to dispose of all the three cases.2. In this case, (Criminal Revision Case No. 657 of 1951) Ram Chandra Chakravarty the accused, is a Group 'D' licensee under the 'West Bengal Cotton Cloth and Yarn Control Order of 1948'. He has his place, of business at Patrasayer. On August 7, 1950 a Sub-Inspector of the District enforcement branch visited the shop of the accused and according to him the accused was guilty of three things: firstly, that he had failed to keep his 'accounts in the prescribed forms, as required under clause 15 of the 'West Bengal Cotton Cloth and Yarn Control Order'; secondly, that he did not issue true cash memos in the prescribed forms; and thirdly, which is the most important point for our ...
Commissioner of Income-tax, West Bengal Vs. International Industries L ...
Court: Kolkata
Decided on: Nov-20-1951
Reported in: AIR1953Cal127,[1952]22ITR44(Cal)
Chakravartti, J.1. This is a reference under Section 66(1) of the Indian Income Tax Act at the instance of the Commissioner of Income Tax, West Bengal, on a question of law relating to a claim made by the assessee for a set off of its loss, carried forward from the previous year, against the profits and gains of the year of account. It appears that the reference came up for hearing on a previous occasion, but the Bench dealing with it felt that the statement of case submitted by the Tribunal was not adequate. Accordingly, it directed the Tribunal to submit a further statement which has since been done. In making the order of remand, however, the High Court dealt with the basis of law upon which the Tribunal had decided the question and pronounced it to be wrong.2. The assessee is a public limited company and is authorised by its Memorandum of Association to engage in diverse types of business. Among the business activities so authorised, it is necessary to mention, for the purposes of ...
Ganeshmull Surana Vs. Nagraj Surana
Court: Kolkata
Decided on: Nov-20-1951
Reported in: AIR1953Cal294,56CWN812
ORDERBanerjee, J.1. This is an application for setting aside abatement (if any) of the suit and substitution of the petitioner in place of the deceased Ganeshmull Surana who filed the suit for self and as the Karta of a Mitakshara joint family carrying on a joint family business in the name and style of Messrs. Ganeshmull Nimchand, against defendant Nagraj Surana on (inter alia) the following allegations: Ganeshmull Surana at all material times was the Karta of the joint family and for the benefit of the family carried on a joint family business which acted as a commission agent of the defendant; that there were various transactions between the parties, & a sum of Rs. 10,887/7/-including interest became due which the defendant in spite of demand did not pay.2. The suit was filed in 1947. Ganeshmull died on 23-12-1949, & the Notice of Motion of this application was taken out on 1-5-1950.3. From the dates it is clear that the application is out of time, Mr. H.N. Sanyal who appears on beh...
Maharaja Bose Vs. the Governor-general-in-council
Court: Kolkata
Decided on: Nov-20-1951
Reported in: AIR1952Cal242,56CWN248
Mitter, J.1. The suit is against the Governor-General-in-Council for damages for malicious prosecution. It was conceded that the allegation made in paragraph 6 of the plaint as to the plaintiff having been abused and assaulted by the Assistant Station Master on duty did not constitute any cause of action against the defendant.2. The plaintiff's case of wrongful arrest and malicious prosecution was as follows: He was an Inter-class passenger by the defendant's Railway from Howrah to Patna. On the evening of February 3, 1944 he boarded an Inter class compartment in the 5 Up Punjab Mail at Howrah. At about 1 a.m. on 4th the said train stopped at Asansol Railway Station when 3 Indian soldiers holding third class tickets or passes and several railway 'menials' forced their way into the said compartment and one of the soldiers forcibly occupied the plaintiff's seat. According to the plaintiff, the compartment concerned was overcrowded and he protested against this intrusion to at least two s...
Governor General in Council (Now Dominion of India) Representing B.N. ...
Court: Kolkata
Decided on: Nov-20-1951
Reported in: AIR1952Cal285
P.N. Mookerjee, J.1. This is a second appeal by the defendant Bengal Nagpur Railway and it is directed against a decree for damages or compensation for non-delivery of a certain consignment of biri tobacco. The material facts are as follows:2. The consignment in question comprising 153 bags of biri tobacco was booked with B. B. & C. I. Railway for delivery to the plaintiff-respondent at Bankura, a station on the Bengal Nagpur Railway. In course of transit the consignment had to pass also through the G. I. P. Railway, There is, however, no dispute now that the consignment was duly made over to Bengal Nagpur Railway. The consignment reached the Bankura Railway Station on the 7th May 1945, and, at the time of delivery to the consignee, two complete bags were found missing and nine bags were found cut, disclosing a shortage of 6 maunds 35 seers. The Railway refused to compensate the consignee for the loss sustained by reason of the shortage and hence the present suit by the consignee.3. Th...
Dominion of India Vs. Netai Chandra Haldar
Court: Kolkata
Decided on: Nov-20-1951
Reported in: AIR1952Cal726,56CWN217
Guha, J.1. This appeal by the Dominion of India as the owner of the East Indian Railway Administration arises out of a suit instituted by the plaintiff respondent for recovery of a sum of Rs. 1145-12-0 as damages for goods not delivered.Two consignments of soft coke in two different wagons were booked from Kusander Railway Station to Chatra Railway Station under two Invoices, the first consignment being under Invoice No. 1 and the second consignment being booked under Invoice No. 2. By the 2nd consignment 23 tons of soft coal were sent. When this 2nd consignment reached Chatra Railway Station the plaintiff sent a claim under Section 77, Indian Railways Act to the General Manager, East Indian Railway. Thereupon an intimation was sent to him by the Railway Authorities that the consignment was available for delivery at Chatra Station. Suspecting shortage, however, owing to certain circumstances the plaintiff demanded delivery after reweighment. The Coal Area Superintendent directed delive...
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