Kolkata Court August 1951 Judgments
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Narendra Nath and anr. Vs. Sm. Fakirmani Dassi and ors.
Court: Kolkata
Decided on: Aug-09-1951
Reported in: AIR1952Cal20
Das, J.1. This appeal which is directed against the decision of Sri U. Das Gupta dated 18-8-1949, arises out of certain proceedings for the revocation of the Letters of Administration which were granted to the appellants. The testator was Gopal Chandra Sardar who died on 6-3-1946. Shortly before his death, on 3-3-1946, Gopal Chandra Sardar executed a Will, the genuineness of which is in controversy between the parties. At the time of his death Gopal Chandra Sardar had a widow; surviving him, named Rashmani. Rashmani died, on the evidence, in February or March, 1948. Gopal Chandra Sardar who was also survived by his daughter Fakirmani Dasi, defendant No. 1, and four grandsons, defendants Nos. 2 to 5 of whom defendant No. 2 is major and defendants Nos. 3 to 5 are minors. On 5-5-1948 the appellants who are related to the testator Gopal Chandra Sardar as nephew and son of a nephew, made an application for Letters of Administration to the estate of Gopal Chandra Sardar with a copy of. the W...
Union of India (Uoi) Vs. Someswar Banerjee
Court: Kolkata
Decided on: Aug-07-1951
Reported in: AIR1954Cal399,58CWN106
Harries, C.J.1. This is an appeal from an order and decree of Bose, J., dated 13-6-1950.2. The plaintiff who had been employed as a permanent Bridge Inspector under the Bengal and Assam Railway brought the suit for a declaration that he was still in the employment of the Railway, which of course was a Railway owned by the Union of India.3. The plaintiff had sustained a serious in-jury to his back and was away from employment for a considerable time. Eventually, he was examined by medical officers on behalf of the Railway and he was declared to be unfit and his services were terminated from the date of the certificate declaring him unfit;.4. The plaintiff apparently attempted to get the Railway authorities to change their view but they made it clear that they could not re-employ the plaintiff. He, therefore, brought a suit and the relief claimed originally was a declaration that he had been wrongfully dismissd and there was a further prayer for damages. Later an application was made to ...
Dinanath Kumar Vs. Nishi Kanta Kumar and ors.
Court: Kolkata
Decided on: Aug-07-1951
Reported in: AIR1952Cal102
Guha, J.1. The petitioner before us is one Dinanath Kumar father of Nishikanta Kumar, opposite party. In 1946 a mortgage suit being mortgage suit No. 46 of 1946 was instituted in the name of Nishikanta. A preliminary decree was passed in that suit on June 30, 1947. In January, 1948 there was a partition suit being partition suit No. 25 of 1948 for partition of ancestral properties. In that partition suit both Dinanath and Nishikanta were parties. That partition suit was decreed on compromise, the compromise petition being dated 25th May, 1949. In paragraph 7 of that compromise petition there was a reference to the preliminary decree which is the subject matter of the present dispute between the parties. According to that provision in the compromise decree the instalment decree that is, the preliminary decree in the mortgage suit 'will remain intact in favour Of Dinanath and to that Nishikanta or his heirs would have no claim or concern.' It appears that in July, 1949,Dinanaththe petiti...
Satish Chandra Vs. Phani Bhusan De and ors.
Court: Kolkata
Decided on: Aug-06-1951
Reported in: AIR1952Cal696,56CWN207
Chakravartty, J.1. On 4-8-1949, one Indrabala Dasi applied to the 1st Subordinate Judge of Midnapore for leave to bring and prosecute a suit as a pauper. She filed a single document which was, in form, a plaint, but contained a statement to the effect that the plaintiff was a person of no means and among the reliefs claimed was a prayer that she might be permitted to prosecute her suit in forma pauperis. On that document being presented, the learned Judge started a Miscellaneous Judicial proceeding, but while that proceeding was still pending, Indrabala died on 18-11-1949. On 17-12-1949, Indrabala's son, Phani Bhusan De, who is the Opposite Party to this rule, applied for substitution of himself in the place of Indrabala and for leave to continue the litigation on such substitution. By an order passed on the same date, the learned Judge allowed substitution as prayed for, directed the original application to be amended and directed the Opposite party to file all requisites for a fresh ...
Rajendranath Karmakar and ors. Vs. Manager, French Motor Car Co., Ltd.
Court: Kolkata
Decided on: Aug-06-1951
Reported in: AIR1952Cal928
Guha, J.1. This Rule was obtained by certain employees of Messrs. French Motor Car Co, Ltd. They filed an application before the authority under the Payment of Wages Act, 1930, praying for certain reliefs. The application was dismissed in toto. Against that decision an appeal was preferred before a Small Causes Court Judge Mr. Lahiri. The learned Judge, however, dismissed the appeal on a preliminary point holding that it was not maintainable on the ground that the authority appointed under the Payment of Wages Act did not give any direction under sub-section 3 or 4 of Section 15 of the Act. It is against this decision that the present Rule has been obtained.2. It is contended on behalf of the petitioners that the learned Judge was entirely in error in holding that no appeal lay in the circumstances of the present case. Under Section 17 of the Act an appeal against a direction made under sub-section (3) or sub-section (4) of Section 15 may be preferred amongst others by any employed per...
Nirmal Chandra Dutta Vs. Gopal Chandra Dey
Court: Kolkata
Decided on: Aug-03-1951
Reported in: AIR1953Cal150,56CWN291
ORDER1. This Rule has been obtained by the tenant petitioner and it arises out of a proceeding started by him for standardisation of rent and adjustment of excess payments, made on account of rent, against future rents. In the said proceedings the tenant-petitioner also claimed refund of selami, alleged to have been paid by him to the landlord opposite party, and prayed also for imposition of penalty upon the latter for accepting such selami.2. The tenancy in question was in respect of a shop room on the ground-floor of Premises No. 1 Sadananda Road in the south suburbs of Calcutta and the contractual rent was Rs. 120/-p.m. The premises were constructed in June 1949 and the disputed shop-room was first let out in July 1949.3. On 20-9-1949, the tenant filed his application before the Rent Controller, Calcutta, for standardisation of rent and the other reliefs mentioned above, and the said application was registered as Case No. 2433C of 1949. There followed the usual inspection by the In...
Rajani Kanta Barui and ors. Vs. Bonbehari Sarkar
Court: Kolkata
Decided on: Aug-03-1951
Reported in: AIR1952Cal7,56CWN9
Mookerjee, J.1. This is an appeal on behalf of the plaintiffs and is directed against the decision of My Lord the Chief Justice.2. The Plaintiffs filed a suit out of which the present appeal arises to enforce a mortgage alleged to have been executed by the defendant in favour of Jagannath, father of plaintiffs 1 and 2 and father-in-law of plaintiff No. 3. The mortgage is said to have been executed on September 23, 1926 for Rs. 200 /-, a part of the consideration having been paid in advance on an earlier date.3. The defendant in his written statement admitted having executed the document but he denied due and proper attestation. A further point was taken that the claim was in any view barred by limitation as an alleged endorsement appearing on the back of the bond was not in the handwriting of the defendant. If this endorsement could be avoided the claim was 'prima facie' barred. Other defences need not be referred to as the point raised in this appeal is a limited one.4. The trial cour...
Sarvamongala Dasi Vs. Paritosh Kumar Das and ors.
Court: Kolkata
Decided on: Aug-03-1951
Reported in: AIR1952Cal689
G.N. Das, J.1. This is an appeal by the plaintiff or, as the appellant chooses to say, the applicant in proceedings under Section 36(1), Bengal Money-lenders Act. The appellant raised money on a mortgage from the predecessor-in-interest of the respondents. The latter instituted a mortgage suit and obtained a preliminary decree for sale on 24-5-1939. The decree was made final on 12-9-1939. Thereafter the decree-holders started proceedings in execution and prayed for realisation of the decretal dues by a sale of the mortgaged properties. The mortgaged properties were sold on the 15th of February, 1940, and were purchased by the decree-holders. Thereupon the decree-holders, auction-purchasers, applied for possession and possession was delivered to them on 20-6-1940. It does not appear that thereafter any further proceedings were taken by the decree-holders or by the auction-purchasers. The Bengal Money-lenders Act having come into force on 1-9-1940, the appellant, judgment-debtor in the e...
Lalit Mohan Vs. Shyamapada Das
Court: Kolkata
Decided on: Aug-03-1951
Reported in: AIR1952Cal771
G.N. Das, J.1. This is an appeal by defendant 2 in a suit for declaration of the plaintiff's title and for recovery of possession.2. The plaintiff is the reversioner to the estate of one Tarapada. Tarapada died in Agrahayan, 1342 B. S. leaving a widow Kalimati. Defendant 2 claims title to a part of the property in suit on the strength of a conveyance executed by Kalimati in Magh, 1350 B. s. It is the plaintiff's allegation that Kalimati remarried in 1344 B. S. It is therefore alleged that by such remarriage Kalimati lost her interest in her husband's estate that is, in Tarapada's estate to which the disputed property appertains, that by the sale by Kalimati after remarriage defendant 2 acquired no title and that the plaintiff is accordingly entitled to possession on declaration of title.3. The trial court decreed the plaintiff's suit. There was an appeal by defendant 2 which was dismissed by the lower appellate court. Hence this second appeal by defendant 2.4. Mr. Muktipada Chatterjee,...
Kashinath Das and ors. Vs. Kalipada Das
Court: Kolkata
Decided on: Aug-02-1951
Reported in: AIR1953Cal12,56CWN202
P.B. Mukharji, J. 1. The petitioners complained against the order of commitment made by the learned Magistrate on 30-3.1951, wrongly described as 30-1-1951. The petitioners by that order were committed to the Court of Session under Section 395, Penal Code, The order of commitment is one of those omnibus and rolled-up orders of committal which have become very frequent in these days but which nevertheless are in complete disregard of the statutory provisions contained in Sections 211, 212 and 213, Criminal P. C. Here in this order of committal, first, charge is framed, then the petitioners are committed to recite that the charge is read over and explained to the accused. Thereafter the accused are stated to have been called upon to furnish a list of persons whom they want to be summoned on the trial to give evidence on their behalf and then towards the end after having taken a list of witnesses the learned Magistrate records: 'I do not think that sufficient grounds had been made out for...
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