Court : Kolkata
Reported in : AIR1953Cal114,56CWN449
ORDERBose, J.1. This is an application under Article 226 of the Constitution for a Writ in the nature of 'Quo Warranto' calling upon the respondents to exhibit the authority under which they are functioning and acting as the members of the Managing Committee of a school in South Calcutta known as the Chakra-beria High School and for an injunction restraining them from functioning as such.2. The petitioner is the father and guardian of two students of the said Chakraberia School which is located at 93, Bakulbagan Road and at 23/1 Chakraberia Road, South Calcutta. It is alleged in the petition that at a meeting of the guardians of the students of the said school held on 14th May 1950 a Managing committee of the school was constituted in accordance with the Revised School Code which it is said was framed by the Calcutta University under the Indian Universities Act (Act VIII (8) of 1904). It is alleged that the respondents have constituted themselves into a rival Managing Committee and hav...
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal870
ORDERBose, J.1. This is an application under Article 226 of the Constitution for an appropriate writ for cancellation of certain notifications issued under the provision of the West Bengal Land Development and Planning Act,' 1948 and for direction upon the opposite parties to forbear from taking possession of certain plots of land covered by the said notifications.2. The petitioner is the owner of 18 Bighas of land comprising certain cadastral survey plots in Mouza Ukhila Paikpara in the, Police Station Sonarpur in the district of 24-Parganas, the particulars whereof are sent out in sch. I annexed to the petition. By a notification issued under Section 4 of W. B. Act 21 of 1948 bearing no. 92 L. Dev. dated 6-1-1950 and published in the Calcutta Gazette dated 12-1-1950 the Government declared that the cadastral survey plots, particulars whereof are given in sch. II to the petition, are likely to be needed for the settlement of immigrants and for creation of better living conditions in t...
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal49,57CWN613
Das Gupta, J.1. This appeal is by two unsuccessful applicants for writs of Mandamus and Prohibition. Their purpose in asking the Court to issue these writs was to ensure that the general election of the Calcutta Corporation which has been fixed to be held on 27-3-1952, should not be held on that date and further that the election should be held on some other date to be fixed by the Government of West Bengal in accordance with law.2. The Corporation of Calcutta as constituted under the Calcutta Municipal Act of 1923 was superseded by an order passed under the Corporation of Calcutta (Temporary Supersession) Act of 1948 (which will be referred to hereafter for convenience as the Supersession Act), which Act was originally in force up to 31-3-1949, but by subsequest extensions is now in force up to 31-3-1952. Fresh orders superseding the Corporation of Calcutta were passed from time to time, as a result of which the Corporation of Calcutta remain superseded up to 31-3-1952. Two of the mai...
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal116
P.B. Mukherji, j. 1. This is a suit instituted on the 15th day of September, 1949, against the defendant for the recovery of possession of premises No. 63, Upper Circular Road, Calcutta, and for certain other reliefs by way of arrears of rent and mesne profits. The suit was originally instituted by one Kanai Lal Paul against the Indian Homoeopathic Medical Association which is a society registered under Societies Registration Act. The case of the plaintiff was that the defendant was a monthly tenant of premises No. 63, Upper Circular Road at a monthly rent of Rs. 178/4/6 inclusive of taxes from December, 1948, which was increased to Rs. 326/9/-by an order of the Chief Judge of the Small Cause Court, Calcutta.2. The cause of action pleaded in the plaint for eviction is ipso-facto determination of this tenancy under Section 12(3) of the West Bengal Premises Rent Control Act, 1948. In order to appreciate the point of ipso-facto determination in this case it is necessary to set out the fac...
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal339,56CWN835
S.R. Das Gupta, J.1. This is an appeal from an order of a learned Presidency Magistrate, Calcutta, convicting the appellant under Section 420, Penal Code and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six months more.2. The prosecution case is that on 30-7-1947 Phanindra Nath Mukherjee, a retired Deputy Magistrate, lodged a written complaint charging the accused with cheating him in respect of a total sum of Rs. 49,000/-. The cheating as alleged took place in the following manner. The accused represented to the said Phahindra Nath Mukherjee and his partner in the firm of Indo Trading Corporation that he had already purchased a certain quantity of joists, angles and tees of the value of Rs. 85,000/- and that he had already obtained a delivery order in respect of the same. The said goods were alleged to have been purchased from M. E. S. and the delivery order issued by the Director Gen...
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal606,[1952]21ITR579(Cal)
ORDERBose, J.1. This is an application under Art, 226 of the Constitution for appropriate writs, for quashing of certain income-tax assessment proceeding taken against the petitioner under Section 34 of the Income Tax Act, 1922 as amended by Income Tax and Business Profits Tax (Amendment) Act 1948 (Act XLVIII (48) of 1948) and for prohibiting the Respondents from proceeding with the said assessment cases.2. The petitioner is a private limited company incorporated under the Companies Act. Its registered office is at 8 Clive Row, Calcutta.3. The petitioners' total income for the years 1942-1943, 1943-1944 and 1944-1945 were assessed to tax under Section 23(3) of the Income Tax Act by Assessment Orders dated January 26, 1944, 12-2-1944 and February 15 1945 respectively and the taxes demanded in respect of the said assessments were duly paid by the petitioner company.4. By three notices dated the 28-3-1951 issued under Section 34 of the Income Tax Act as amended by Act XLVIII (48) of 1948,...
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal197
S.R. Das Gupta, J. 1. This is an application for revision of an order passed by a learned Sessions Judge affirming the order of the Sub-Divisional Officer and a Magistrate, First Class, Chinsurah, issuing process under Section 323, Penal Code, against the petitioners. 2. The matter arises in this way. On 4-6-1951 one Golap Hizra filed a petition of complaint before the Sub-Divisional Officer, Hooghly. The allegations in the petition of complaint are as follows : On 29-5-1951 the complainant was requested by some of the accused to attend a 'salish' to have a case, pending in the criminal court of Alipore between Kanai and himself, compromised. As such on that date the complainant proceeded from Howrah to Baidyapur by train to attend this 'salish'. While he got down from the compartment of the train at Bandel station all the three petitioners hit the complainant with an iron rod, brickbat and a broomstick. On this complaint a process was issued by the Sub-Divisional Officer, Chinsurah, b...
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal591,56CWN580
Das, J.1. This is a Rule obtained by the petitioner calling upon the opposite party to show cause why he should not be committed for contempt of this Court as a result of a breach of an undertaking given by him to this Court whereby he undertook to the court to vacate the premises on or before 2-1-1952.2. The Rule was issued on the 18-2-1952 on an application filed by the petitioner stating; that there has been a breach of the undertaking and praying to the Court for taking proceedings in contempt against the opposite party.3. The above Rule was served on the opposite party who has appeared in court and has shown cause. In the affidavit in opposition filed by him he has detailed the reasons why he could not vacate the premises on or before 2-1-1952. Mr. Mukherjee who has appeared on his behalf has raised certain legal objections why this Court should not exercise its powers for committing the opposite party for contempt of this Court.4. The facts which are relevant for the present purp...
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal47,56CWN639
ORDERP.N. Mookerjee, J.1. These are fifteen Rules obtained by as many tenants of Premises No. p-36, Royal Exhange Place Extension, Calcutta, wherein the tenants petitioners complain against the dismissal of their applications under Sections 9 and 10, West Bengal Premises Kent Control (Temporary Provisions) Act, 1950, for fixation of standard rents and refund of alleged excess payments.2. Before the Rent Controller, more precisely, the Additional Kent Controller of Calcutta,--there were sixteen applications by sixteen tenants, namely, the petitioners before me and M/s. Mittra Sadani & Co. All the said applications were opposed by the landlord Sampatmull Bothra, who is the opposite party, in all the present Rules. The Rent Controller fixed the standard rents under the proviso to Section 9 (1) () of the Act assessing the 'entire construction for the purposes of that proviso at Rs. 6,73,703-6-5--Rs. 3,18,855-5-6 being the 'market price' of land at the relevant date and RS, 3,54,848 being '...
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal82,56CWN535
S.R. Das Gupta, J.1. This is an application for revision of an order of the Sessions Judge, Darjeeling, affirming the conviction of the petitioner under Section 7, Essential Supplies Act.2. The petitioner is said to have violated the provisions of an order made by the Director of Textiles, Government of West Bengal, issued on 31-8-1949. That an act has been committed in violation of that notification is not in dispute.3. The only point which is urged before us, and we consider that to be a point of substance, is that the said notification issued by the Director of Textiles, Government of West Bengal, dated 31-8-1949 cannot be operative in Darjeeling where the offence is said to have been committed. It appears that Section 13(1), West Bengal Cotton Cloth and Yarn Control Order, 1948, under which the said notification was issued by the Director of Textiles, provides that the Controller may with a view to Securing a proper distribution of cloth and yarn and with a view to securing complia...
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