Kolkata Court December 1952 Judgments
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institute of Chartered Accountants Vs. Deba Brata Basu and anr.
Court: Kolkata
Decided on: Dec-15-1952
Reported in: AIR1954Cal24,57CWN698
Chakravartti, C.J. 1. This is an application for substituting one Sm. Anima Basu in the place and stead of one Deba Brata Basu, deceased, in the record of an appeal which has been filed by the appellant-petitioner. 2. The facts of the case are rather peculiar. The petitioner before us is the Institute of Chartered Accountants. Deba Brata Basu was himself a Chartered Accountant and was entitled to take in Articled Clerks for purposes of training. It appears that he did take an Articled Clerk of the name of Prasanta Kumsr Dutt and received from him by way of premium a sum of Rs. 2,000/-. The agreement which was enlered into between Deba Brata Basu and Prasanta Kumar Dutt did not ccntain any stipulation that the said sum of Rs. 2,000/- would have to be refunded to the Articled Clerk, as required under the conditions incorporated in Form L, prescribed by Rule 36 of the Rule's framed by the Institute in exercise of the powers conferred on them by Section 30(2)(j), Chartered Accountants Act,...
Narayan Chandra Ghose Vs. Ananda Bisni and ors.
Court: Kolkata
Decided on: Dec-12-1952
Reported in: AIR1953Cal508,57CWN216
Guha, J. 1. These are five cases of Reference under amended Section 113, Civil P. C., by a Small Cause Court Judge of Garhbeta arising out of five Small Cause Court suits filed in his court. The point referred by the learned Judge for decision by this Court is identical in all the cases and the plaintiff is also the same in all the suits. The facts of the cases are also similar. The relevant facts have been stated in the Letter of Reference made by the Judge and as between the different cases there is some variation only with regard to amounts, no useful purpose will be served by setting forth at length the facts of the different cases in detail. Briefly, the plaintiff who is a wholesale dealer sold sugar to retail dealers from his stock as on 23-10-46. Owing to certain reasons he could not realise excise duty on such sales from the defendant's retail dealers. He was, however, compelled to pay excise duty himself. He has accordingly brought the suits for the recovery from the retail de...
Bamapati Bhattacharjya and ors. Vs. Sm. Laxshmi Bibi
Court: Kolkata
Decided on: Dec-11-1952
Reported in: AIR1953Cal780,57CWN533
G.N. Das, J.1. This is an appeal on behalf of the decree-holders under Clause 15, Letters Patent, and is directed against a judgment of Mookerjee J.2. By a Kabuliyat dated 11-3-1921, the respondent Lakshmi Bibi took a lease of the disputed property from the predecessors of the appellants. This lease, it is not disputed, created a non-agricultural tenancy. The appellants served a notice to quit and thereafter on the expiry of the notice, instituted a suit in ejectment. The suit was decreed on 26-2-1940. This decree was executed and the appellants who are the decree-holders took possession on 26-4-1940. It is stated that in pursuance of the order of the Court the decree-holders paid for the value of the structures. The possession of the decree-holders was thereafter confirmed on 26-5-1940.On 30-5-1940, the Non-agricultural Tenancy (Temporary Provisions) Act of 1940 came into force. Thereafter, on 20-6-1940, the respondent filed a petition under Section 4 of the said Act for setting aside...
Mandal Ghat Zemindary Syndicate Ltd. Vs. Gour Mohan Mullick and ors.
Court: Kolkata
Decided on: Dec-10-1952
Reported in: AIR1953Cal509
Chakravartti, C.J. 1. This is an application for leave to appeal to the Supreme Court from a judgment and decree passed by a Division Bench of this Court in a First Appeal. The judgment is one of reversal. It follows that if the petitioner can make out that the two matters mentioned in Clause (a) of Article 133(1) of the Constitution are of the requisite value, it will make out a claim to leave to appeal as of right. There is no difficulty about the amount or value of the subject-matter of the dispute in the Court of first instance, but the value of the subject-matter still in dispute on appeal requires a little close examination. The learned counsel for the petitioner conceded that if the case failed by the valuation test, he could not contend that it was otherwise a fit case for appeal. 2. The facts briefly stated are as follows. Touzi No. 4 of the Howrah Collectorate, knownas Perganah Mandalghat, is owned by a number of co-sharers who may conveniently be classed under four heads, na...
Hari Mohan Dutt Vs. Dominion of India
Court: Kolkata
Decided on: Dec-09-1952
Reported in: AIR1954Cal59,57CWN167
Mitter, J.1. The suit is by the endorsee of a Railway Receipt for compensation for nondelivery of goods.2. The plaintiff's case is that on 25-6-1948 one Mano Mohan Bhowmick delivered to the East Indian Railway Administration at Sealdah railway station a consignment of ten bags of waste cotton yarn for carnage to Kamala-sagar railway station on another railway system in the District of Tipperah and for delivery of the same to the consignee thereof. It is also the plaintiff's case that on 26-6-1948 the said Mano Mohan Bhowmick endorsed the relative railway receipt to the plaintiff upon receipt of a sum of Rs. 4,049/8/- as the value of the goods. It is alleged that by reason of such endorsement and the payment of the value of the goods, the plaintiff became the owner of the goods and thus entitled to sue.3. The point for decision at this stage is whether by reason of the endorsement and the payment of the value of the goods as pleaded, a part of the plaintiff's cause of action arose withi...
K.S. Joneja Vs. P.M. Das Gupta and anr.
Court: Kolkata
Decided on: Dec-09-1952
Reported in: AIR1953Cal361
ORDERBose, J. 1. This is an application under Article 226 of the Constitution for a Writ in the nature of Mandamus directing the respondents to withdraw two notices dated 26-4-1952 and 29-4-1952 intimating that certain departmental proceedings will be proceeded with against the petitioner and for a writ in the nature of Prohibition prohibiting the respondents to proceed with the enquiry without complying with the statutory provisions governing the matter of holding such inquiries.2. The case of the petitioner is that on or about 3-2-1951 the petitioner was transferred from the post of Manager, Government Cinchona Plantation, Munsong, to the post of General Manager, Government Cinchona Plantation, Mangpoo, and was directed to take over charge from the outgoing General Manager, one Mr. Fothergill. The petitioner was appointed to act as such General Manager with effect from 15-2-1951. The petitioner took charge of his new post as General Manager from Mr. Fothergill on 15-2-1951 and it is ...
Nishikanta Ghosh and anr. Vs. the Corporation of Calcutta
Court: Kolkata
Decided on: Dec-09-1952
Reported in: AIR1953Cal401
P.N. Mookerjee, J. 1. The appellants before me have been convicted by the local third Municipal Magistrate under Sections 461/537 of the new Calcutta Municipal Act (1951) corresponding to Sections 406/488 of the old Act of 1923. Appellant 1, Nishi Kanta Ghosh, is the Managing Director of Dwarik's Sweets (India) Ltd., a well-known confectionary firm of this city and the other appellant, Paritosh Banerjee, is the salesman at the Harrison Road shop of that firm. On 10-4-1951, at the instance of food inspector Sailesh Sen a complaint was lodged against the accused under Sections 406/412/488 of the old Calcutta Municipal Act, 1923, then in force, for an alleged offence of 'storing for sale on 20-2-1951, Poori fried in ghee, the ghee extracted from which on analysis was found to be adulterated with foreign fat not exclusively derived from milk', and after some procedural delay summonses were issued and served upon them, and on 16-11-1951, they entered appearance, -- accused 1 Nishi Kanta thr...
Pankaj Kumar Ghosh and anr. Vs. Commr., Burdwan Division and anr.
Court: Kolkata
Decided on: Dec-09-1952
Reported in: AIR1953Cal587
ORDER1. This is an application under Article 226 of the Constitution for an appropriate writ directing the opposite parties to rescind or withdraw an order dated 31-7-1952 passed by the Commissioner, Burdwan Division, and given effect to by the Regional transport Authority, Burdwan, cancelling the route permit granted in favour of the petitioners for plying a bus in the Burdwan. Barakar route.2. The petitioners along with several other persons applied for route permits for plying buses on the Burdwan-Barakar route before the Regional Transport Authority, Burdwan, being the respondent No. 2. On 9-5-1952, the respondent No. 2 passed orders granting a route permit to the petitioners and the said order was communicated to the petitioners on or about 14-5-1952. By the said order, the petitioners were called upon to produce the bus before the Secretary, Regional Transport Authority, Burdwan, for inspection by 16-6-1952. Acting upon the said order, the petitioners purchased one stage carriage...
Subal Chandra Kundu Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-09-1952
Reported in: AIR1953Cal650
Lahiri, J.1. The appellant Subal Chandra Kundu is the owner of an establishment, named National Milk Company, at premises No. 1/9 Nilmony Mitra Row, and used to carry on the business of manufacture of condensed milk. After the introduction of sugar control in October 1949, the appellant was granted an establishment sugar permit for 3 mds. 12 srs. of sugar per week for the manufacture of condensed milk only. It is alleged that prior to the introduction of sugar control in 1949 the appellant also used to manufacture lozenges, sugar candy and toffees. In 1950 the appellant filed several applications to the Central as well as to the State Government for allotment of an additional quantity of sugar for the manufacture of sugar candy, lozenges etc. but his applications were rejected.2. On 9-9-1950 an Area Inspector of the Civil Supplies Department, named S. Mukherjee, inspected a lozenge manufacturing factory, named Oriental Confectionary, where the appellant was employed as the manager and ...
Ram Chandra Shau and ors. Vs. Madhab Nayek and ors.
Court: Kolkata
Decided on: Dec-05-1952
Reported in: AIR1953Cal484
ORDERChunder, J. 1. This is a Reference made by the Sessions Judge of Midnapore at the instance of the first party in a Section 145, Cr. P. C., proceeding. This first party was called upon to adduce evidence on more than one occasion and repeated dates were given to come with his evidence to establish allegations about possession and likelihood of a breach of the peace. I fail to see that if in spite of this the first party does not come forward to give evidence what else can the Magistrate do but to hold the allegations as not establisned and therefore take no further proceedings in the matter or in other words, as the learned Magistrate curtly wrote 'drop proceedings'. A decision of the Patna High Court reported in -- Trilochan Das v. Jogeswar Das', AIR 1919 Pat 37 (A) was shown to me hut in it no reason was given for holding the learned Magistrate's order directing the proceedings to be struck off as without jurisdiction. The first principle of the Evidence Act is that a party who i...
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