Kolkata Court February 1952 Judgments
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Girish Chandra Nandy Vs. the State
Court: Kolkata
Decided on: Feb-19-1952
Reported in: AIR1952Cal565,56CWN335
Chakravartti, J.1. The petitioner Girish Chandra Nandy has been convicted under section 7(2)(3) of the Essential Supplies Act, 1946, read with clause 10(2) of the Calcutta Industrial Area Rationing Regulations, 1943. The charge against him was that he had obtained 'rationed articles by the use of ration cards in his own name and the name of his minor son Ranjit Nandy, aged 14, up to 9-5-51, although both were living in a residential Establishment, namely. East Bengal Santi Niketan and dining in the said Establishment'. It will be noticed that the charge comprised both residing in the residential establishment and dining there. 2. The prosecution case, in brief was that on the 12th May, 1951, on a search being made of the premises of the East Bengal Santi Niketan of which the petitioner was the owner four ration cards were recovered from his possession. The prosecution case further was that the petitioner had drawn rations on two of those cards, one standing in his own name and the othe...
Hindusthan Co-operative Insurance Society Ltd. Vs. Shyam Sunder and or ...
Court: Kolkata
Decided on: Feb-19-1952
Reported in: AIR1952Cal691,56CWN418
Banerjee, J.1. In this appeal we are asked to reverse a decree made or 1st December 1950, by S. R. Das Gupta J., upholding the plaintiffs' claim to recover Rs. 10,000 from the appellant Insurance Company, a defendant in the action. The plaintiffs' title to the money is not disputed. The only question raised in this appeal is whether the Company is under any liability to pay the money and that depends on as to whether the proposal of the deceased was accepted by the Insurance Company.2. The plaintiffs' 'case, as related in the Court below by plaintiff 1, (a brother of the deceased), so far as it is necessary to be stated for the purpose of this judgment, is as follows: In or about the first week of January 1939, at the request of N. P. Das an organiser of the company and also a defendant to the suit, the deceased verbally agreed to insure his life for the sum above mentioned on an endowment policy. The deceased was medically examined at Soro, in the district of Balasore, on 5-1-1939, by...
Assistant Collector of Customs for Appraisement and anr. Vs. Soorajmul ...
Court: Kolkata
Decided on: Feb-19-1952
Reported in: AIR1952Cal656,56CWN453
Harries, C.J.1. This is an appeal from a judgment and order of Bose J. dated February 16, 1951 granting a writ of certiorari quashing certain proceedings of the Sea Customs authorities.2. The respondents imported from America certain oil in bulk which was described in the shipping documents as spindle oil. This oil was imported under a license which allowed them so to do. The oil came in two lots of 6500 and 750 drums and it actually arrived in the port of Calcutta on' March 6, 1950. A bill of entry was submitted to the customs authorities and on March 8 the respondents wrote that. on the authorities allowing them to take delivery they would agree to accept the result of the customs test of the samples of the oil which had been taken and to pay any extra duty leviable and any penalty if imposed should it be found from the test that the oil was not such as had been declared. The letter concludes with these words:'In the event of our failure to comply with the above undertaking, we agree...
Nityananda Roy Vs. Rashbehari Roy
Court: Kolkata
Decided on: Feb-19-1952
Reported in: AIR1953Cal456
Chakravartti, J. 1. The petitioner has been convicted of two offences under Section 406, Penal. Code under two separate counts. The 'acts charged against him are that he committed criminal breach of trust in respect of 3 tolas and 5 annas of gold on 5-2-1951 and that similarly he committed the same offence In respect of a further quantity of 26 tolas and 9 annas of gold on 2-3-1951. The learned Magistrate has accepted the prosecution case and sentenced the petitioner to rigorous imprisonment for 4 months and 2 months respectively -- the sentences to run concurrently.2. The proceedings were commenced on the complaint of one Rashbehari Ray who alleged that he was a goldsmith, carrying on business at Cuttack and that he used to get the articles of his trade manufactured by workmen in Calcutta of whom the petitioner was one. The petitioner is also related to the complainant, being his nephew. The complainant's case further was that he had entrusted 29 tolas 14 annas and 3 pies of gold on 2...
Dipa Pal Vs. University of Calcutta
Court: Kolkata
Decided on: Feb-18-1952
Reported in: AIR1952Cal594,56CWN279
ORDERBose, J.1. This is an application under Article 226 of the Constitution for an appropriate writ for quashing of an order of cancellation of the petitioner's Bachelor of Arts examination passed by the Vice Chancellor and Syndicate of the University of Calcutta and for direction upon the respondent University to forbear from giving effect to that order. The petitioner was a student of the Murlidhar Girls College at 4, Hindusthan Road, Calcutta. She appeared at the examination for the degree of Bachelor of Arts of the University of Calcutta in 1951 as a non-collegiate student and her roll number in the said examination was Cal. F. N. 368 and her seat for the examination was allotted at the said Murlidhar College premises.The case of the petitioner is that she was satisfied with her answers to the questions on which she was examined in the said examination and had reason to believe that she would come out successful, but when the results of the examination were published the petitione...
Dhirendra Nath Vs. State
Court: Kolkata
Decided on: Feb-18-1952
Reported in: AIR1952Cal621
Chakravartti, J.1. This Rule is directed against the conviction of the petitioner under Section 325, Penal Code, and a sentence of two years' rigorous imprisonment passed on him at a trial held by Sri P. N. Lahiry, Assistant Sessions Judge, Alipore, with the aid of a common jury. An appeal to the Sessions Judge was dismissed.2. The incident which led to the prosecution in this case was a quarrel between to brothers. The petitioner, Dhirendra Nath Bera and one Fakir Bera are brothers, living separately in contiguous villages. Each village has, however, an ancestral homestead. There is a homestead in village Bechuabati, in one half of which the petitioner has his residence while the other half is possessed by Fakir Bera who grows vegetables on it. Similarly, there is a homestead in village Alamnagar, in one half of which Fakir Bera has his residence while the other half is possessed by the petitioner. The petitioner has a son named Prafulla and Fakir Bera had two sons, named Pran Krishna...
Anjali Roy Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-14-1952
Reported in: AIR1952Cal822
ORDERBose, J.1. This is an application under Article 226 of the Constitution for an appropriate writ directing the Principal of the Hooghly Mohsin College to consider and deal with the petitioner's application for admission to the said college according to law.2. The petitioner who was a student of the Hooghly Mohsin College in Intermediate in Arts Classes, passed the Intermediate examination in Arts of the University of Calcutta and was placed in the Second Division. The petitioner's case is that on 9-7-1951 the petitioner put in an application for admission to the said college in the 3rd year (B. A.) class with Honours in Economics. On 10-7-1951 the petitioner was told by the Principal of the college that by reason of an order issued by the Director of Public Instruction barring the admission of girls passing in the 2nd Division, the petitioner could not be admitted into the Hooghly Mohsin College and the petitioner was asked to get herself admitted in the newly established women's c...
Manick Chand Agarwalla Vs. the State
Court: Kolkata
Decided on: Feb-13-1952
Reported in: AIR1952Cal730
Harries, C.J.1. This is a petition for revision of an order of a Presidency Magistrate convicting the petitioner of an offence of attempting to bribe an official and sentencing him to six weeks' rigorous imprisonment and a fine of Rs. 200.2. The petitioner had to file on the 3rd of each month with the Textiles Department of the Government of West Bengal certain returns. It is alleged that the return which should have been filed on 3-3-1951 was not filed and that on 9-3-1951 the petitioner approached Atindranath Pramanik, a public servant employed in the Directorate of Textiles and offered him a sum of Rs. 10 if he would accept the return and antedate it.3. The petitioner pleaded not guilty. It appears that the petitioner was also prosecuted for not having submitted the return by 3-3-1951. But he was found not guilty as the Court was satisfied that he had submitted the return.4. When this case came for hearing the petitioner wanted to tender evidence to show that he had been acquitted o...
Shyamapada Pal Vs. State
Court: Kolkata
Decided on: Feb-12-1952
Reported in: AIR1952Cal284
Harries, C.J.1. This is a petition for revision of an order of an appellate Court upholding a conviction of the petitioner by a trial Court for dacoity and confirming the sentence of three years' rigorous imprisonment.2. When the matter came before a Benck of this Court of which I was a member we were of opinion that if the petitioner was guilty a sentence of three years' rigorous imprisonment was far too lenient. The dacoity alleged, was accompanied by considerable force and we therefore issued notice to enhance the sentence.3. We have now heard argument on behalf of the petitioner and we are satisfied that the petitioner was wrongly convicted in this case-and it is therefore unnecessary to consider the Rule for enhancement. I should merely like to-observe that if the present petitioner had been found guilty the minimum sentence which could be imposed upon him for the offence alleged would in my view be five years.4. The dacoity giving rise to the proceedings took place in the house o...
PulIn Behari Chakraburty Vs. the Divisional Superintendent, Sealdah Ea ...
Court: Kolkata
Decided on: Feb-11-1952
Reported in: AIR1953Cal45,57CWN201
ORDERBose, J.1. This is an application under Article 226 of the Constitution of India for an appropriate writ for directing the opposite parties to forbear from giving effect to an order of suspension passed on 28-9-1950, and also for quashing of certain criminal proceedings pending against the petitioner in the Special Court at Alipore.2. The petitioner is an employee under the East Indian Railway and was at all material times officiating as Chief Inspector, East Indian Railway grain depot Chitpore. The petitioner joined the East Indian Railway Administration on or about 1-10-1927 as an assistant and since his appointment he has been awarded several promotions in service.3. On 18-8-1950, the petitioner was served with a summons dated 1-8-1930, directing the petitioner to appear before the Special Judge of the Special Court at Survey Buildings (Alipore) Calcutta, on 13-9-1950. This summons was issued under Section 68, Criminal P. C. and directed that the attendance of the petitioner wa...
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