Kolkata Court July 1951 Judgments
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Naresh Chandra Guha Vs. Ram Chandra Samanta and ors.
Court: Kolkata
Decided on: Jul-10-1951
Reported in: AIR1952Cal93,55CWN765
P.N. Mookerjee, J.1. This rule has been obtained by the plaintiff against the dismissal of his suit for, inter alia, recovery of a certain sum of money, paid by him as earnest money in connection with an agreement for sale of land. In the suit, there was also a claim for interest by way of damages. The suit has been dismissed by the learned 'Subordinate Judge, exercising powers under the Provincial Small Cause Courts Act, and in this Rule, the plaintiff has challenged the said dismissal.2. The material facts lie within a short compass and they are as follows : On March 24, 1948, the defendant-opposite parties executed in favour of the plaintiff-petitioner a 'baina' or agreement for sale, Ex. 1, in respect of certain lands and received from him (the plaintiff) a sum of Rs. 501/- as and by way of earnest money. Later on, the parties differed as to the extent and scope of the subject-matter of the said 'baina', Ex. 1 with the result that the transaction eventually fell through. Thereupon,...
Ratan Chandra Nayak Vs. Adhar Biswas
Court: Kolkata
Decided on: Jul-09-1951
Reported in: AIR1952Cal72,56CWN302
ORDERBose, J.1. This is an application under Article 226, of the Constitution for a writ in the nature of Mandamus directing the respondent to issue a License to the petitioner under the West Bengal Rice Mills Control Order, 1949, for running a Mill for the purpose of husking paddy.2. The petitioner is the proprietor of a husking machine known as Bani Rice Mill situated at Village Gograash, P. O. Raghunath Bari, in the District of idnapore.3. The petitioner had a license for the purpose of running his Mill being License No. 395 M.D.R., dated 19-3-1947 issued to him under the Bengal Rice Mills Control Order, 1943.4. The said Control Order of 1943 was repealed in 1949 by the West Bengal Rice Mills Control Order, 1949 which came into force on 21-12-1949. The Control Order of 1949 provided that persons who were engaged in the business of milling rice were to take out a License under the Control Order 1949 within a month of the commencement of the Order. By a subsequent Notification the per...
Ram Saran Vs. the State
Court: Kolkata
Decided on: Jul-02-1951
Reported in: AIR1953Cal406
ORDER1. The petitioner was convicted under Section 7(1), Essential Supplies Act for failure to keep the price list as required by Rule 18, West Bengal Cotton Cloth and Yarn Control Order, 194S, and for failure to produce the duplicate cash memos for sales of cloth as required by Rule 19.2. It has been contended on behalf of the petitioner that he cannot be said to have contravened Rule 18 of the aforesaid Order unless it is shown that he had in his shop cloth with the price stamped thereon. The rule is in these words:'A dealer other than a hawker shall display in a conspicuous position at his place of business a list in the most commonly understood language of the locality showing the maximum legal price in respect of all such kinds of cloth in his shop or store as have prices stamped thereon and shall not withhold from sale any such cloth to any person on demand and offer of the maximum legal price'.It is contended that as no evidence has been given that there was in the shop at that ...
Nalini Ranjan Guha Vs. Annada Shankar Roy
Court: Kolkata
Decided on: Jul-02-1951
Reported in: AIR1952Cal112,56CWN73
ORDERBose, J.1. This is an application under Clauses 4 and 21 of the Charter for a Writ in the nature of Certiorari for quashing of orders dated the 17th of February 1949 and 1st of March 1949 made by the respondent under the Workmen's Compensation Act.2. The petitioner at all material times was a Contractor of the Central Public Works Department in connection with the construction and maintenance of Aerodromes at different parts of India. In course of such employment as Contractor the petitioner was entrusted with some work in the Barrackpore Aerodrome in May 1942. For the purpose of such work the petitioner employed labourers at the Military Aerodrome at Barrack-pore. On or about the 11th June, 1944, the petitioner's gang was working in the Aerodrome at some distance away from the edge of the runway. Three of the labourers named Punia, Jinnat and Suphal Sha were killed as a result of impact with United States Army Air Force supply plane which was about to take off from the said aerod...
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