Kolkata Court August 1951 Judgments
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Dr. Suresh Chandra Banerji and ors. Vs. Punit Goala
Court: Kolkata
Decided on: Aug-01-1951
Reported in: AIR1951Cal176,55CWN745
Harries, C.J.1. This is a rule calling upon the Chief Presidency Magistrate to show cause why the records of a certain case should not be transferred to this Court under the provisions of Article 228 of the Constitution to enable this Court to decide the constitutional point involved in the case. We have heard the parties at length and we have come to the conclusion that this is not a case in which we should call for the records because it is clear that the view taken by the Chief Presidency Magistrate that the proceedings should continue is well founded.2. The petitioners, who are the parties accused in the proceedings, have been described by the complainant as members of the editorial board of a newspaper published in Bengali in the city of Calcutta known as 'Loka Sevak'. Accused No. 1 Dr. Suresh Chandra Banerji, M. L. A. is said to be a member of the editorial board of the newspaper, whereas accused Nos. 2, 3 and 4 are respectively chairman of the board of editors, editor and publis...
Sm. Sailabala Dassee Vs. H.A. Tappassier
Court: Kolkata
Decided on: Aug-01-1951
Reported in: AIR1952Cal455
Das Gupta, J.1. This suit is instituted by the plaintiff Sm. Sailabala Dassee as executrix to the estate of Kali Pado Barick deceased for recovery of possession of the premises 122/3A and 122/4A Upper Circular Road, Calcutta, mense profits from the 21st December, 1945, until delivery of possession at Rs. 7/- per day and interest and costs.2. I shall have to state the facts of the case in some details. There is not much dispute as to those facts, but the real dispute between the parties is as to the effect of those facts on their legal position. By an agreement dated 23rd September, 1940, the plaintiff let out to the defendant premises No. 122/3A, Upper Circular Road, for 12 months at a rent of Rs. 97/-per month. The said agreement inter alia provided that if the rent is paid on the first day of each succeeding month then the defendant would be entitled to get a rebate at the rate of Rs. 7/- per month. On the 3lst March, 1942, there was another agreement under which the plaintiff let ou...
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