Kolkata Court July 1952 Judgments
Bhupesh Chandra Dutta Vs. Dr. M.N. Bose and ors.
Court: Kolkata
Decided on: Jul-30-1952
Reported in: AIR1953Cal198,56CWN832
ORDERSen, J. 1. This is a revisional application under Section 115, Civil P. C., from the order of the learned Judge, 6th Bench of the Small Cause Court, Calcutta dismissing an application under Section 13(2), Rent Control Act, 1950,, on the ground that such an application is not maintainable in a summary proceeding for delivery of possession and allowing an application under Order 21 Rule 97, Civil P. C., and directing that the plaintiff decree-holder be put in possession of the premises with police help, if necessary. The premises in question, viz., 28A Mohan Bagan Lane, belonged to the opposite parties Nos. 1 and 2, Dr. M.N. Bose and another. Opposite party No. 3 Sasti Charan Sen was a direct tenant under the landlords opposite parties Nos. 1 and 2. The petitioner Bhupesh Chandra Dutt is a sub-tenant in respect of a portion of the premises in question. The landlords obtained an ejectment decree against the tenant opposite party No. 3 in Suit No. 493 of '1951 of the 6th Bench of the ...
Tag this Judgment!Kamala Sundari Dassi Vs. Nilmony Das
Court: Kolkata
Decided on: Jul-30-1952
Reported in: AIR1953Cal343,56CWN843
Lahiri, J.1. This is a Reference under Section 438, Criminal P. C., made by the Sessions Judge of Hooghly recommending that the order of Sri M.M. Kusari, Magistrate, First Class, Serampore, dated 3-3-1952, by which he ordered that a distress warrant should be issued unless the husband paid the maintenance grant to his wife Kamala Sundari Dasi from 2-7-1950, on or before 23-3-1952 should be set aside, and the Magistrate should be directed to hold an enquiry into the objection filed by the husband under Sub-section (3), Section 488, Criminal P. C.2. The facts of this case lie within a short compass and may be briefly stated as follows: On 30-9-1947, the wife Kamala Sundari Dasi obtained an order for maintenance against her husband under Section 488, Criminal P. C., directing the husband to pay her maintenance at the rate of Rs. 40/- per month. It is admitted that the husband paid maintenance up till. May 1948, but did not pay it thereafter. On 2-7-1951, the wife, Kamala Sundari Dasi, fil...
Tag this Judgment!Sm. Kamala Sundari Dassi and ors. Vs. Sridam Chandra
Court: Kolkata
Decided on: Jul-30-1952
Reported in: AIR1954Cal569,58CWN401
Chakravartti, C.J.1. This application raises a point of limitation which in another case was described by Mr. Justice Panckridge as 'an interesting and a not unimportant point.'2. The application before us is for setting aside an abatement of an appeal pending in this Court and to that application is appended a previous application for the substitution of the legal representatives of the deceased respondent. The circumstances in which two applications came to be made are the following:3. It appears that on 12-7-1952, the petitioners got an application prepared for the legal representatives of the deceased respondent in the appeal to be substituted and in the body of that application they stated the necessary facts. The facts stated were that the respondent, Sreedam Chandra Mullick, had died interstate on April, 13 last and that the information of his death had first been conveyed to the applicants by a letter, dated 26-4-1952, written to the solicitor for the petitioners by the solicit...
Tag this Judgment!Bilash Chandra Mitra Vs. Balmer Lawrie and Co. Ltd.
Court: Kolkata
Decided on: Jul-28-1952
Reported in: AIR1953Cal613,57CWN169,(1953)IILLJ337Cal
Bose, J.1. This is a suit for recovery of Rs. 4476-12-0 for arrears of salary, dearness allowance and certain bonus payable to plaintiff under an Award of a Tribunal constituted under the Industrial Disputes Act 1947.2. The case of the plaintiff as laid in the plaint is that he had been in the employment of the defendant company for 22 years. On 1-4-1947 he was unjustly pensioned off for Trade Union activities. Thereupon an industrial dispute arose between the defendant company and the plaintiff and other employees represented by the Balmer Lawrie & Company's Employees Union 'and the Government of West Bengal by an order No. 648-Lab. dated 10-10-1947 referred the said dispute to an Industrial Tribunal for adjudication. The Tribunal made an award directing that the plaintiff be reinstated in his employment and it further directed the defendant company to pay to the plaintiff the arrears of pay and allowances consequent to such reinstatement within months of the date on which the Award w...
Tag this Judgment!Ramrichpal Jhunjhunwalla Vs. Jagadish Prosad Laloo Prosad
Court: Kolkata
Decided on: Jul-25-1952
Reported in: AIR1953Cal243,56CWN797
ORDERK.C. Chunder, J.1. These are two petitions in revision by a landlord against two appellate judgments ofthe Judge of the Sixth Bench of the Court of Small Causes Calcutta, reversing in appeal an order of the First Additional Rent Controller.2. An application was filed before the Rent Controller by the tenant for fixation of standard rent. The premises in question, it is admitted by both parties, form part of a larger building not yet entirely constructed and those premises and the portion of the building up to now constructed were all constructed after 31-12-1949. The Rent Controller directed fixation of rent under Sections 9 (1) (e) or 9 (1) (g). As I have already pointed out in another decision, two sub-clauses of the same section cannot be applied to the same proceeding In the proceedings it is not clear whether he actually applied Clause (e) or Clause (g) of Section 9 (1).3. Both the landlord and tenant appealed. There were two appeals. Hence two revisions. In both the appeals ...
Tag this Judgment!Tulsidas Jewraj and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-25-1952
Reported in: AIR1952Cal912
Bose, J.1. (Civil. Rule No. 2848 of 1951.) This is an application under Article 226 of the Constitution for an appropriate writ directing the opposite parties to forbear from giving effect to a notification and a declaration both dated 16-3-1951 and published on 5-4-1951 and 12-4-1951 respectively issued under the provisions of the West Bengal Land Development and Planning Act, 1948.2. The petitioner is a permanent tenure-holder in respect of a large area of land in Mouza Makla P. S. Utterpara in the district of Hooghly. By a notification dated 16-3-1951 bearing no. 3132 L. Dev. issued under Section 4 of W. B. Act 21 of 1948 and published in the Calcutta Gazette dated 5-4-1951 the Government of West Bengal declared that portions of the lands held by the petitioner, particulars whereof are set out in the second schedule to the petition, were likely to be needed for settlement of immigrants. By a declaration bearing No. 3134 L. Dev. and also dated 16-3-1951 issued under Section 6 read wi...
Tag this Judgment!Krishna Chandra Vs. Panchu Ghosh and ors.
Court: Kolkata
Decided on: Jul-25-1952
Reported in: AIR1953Cal720,57CWN532
ORDERSen, J. 1. This is a revisional application under Section 25, Provincial Small Cause Courts Act from the decree passed by Shri A. K. Sen, Munsif, 1st Court, Baraset, sitting as S. C. C, Judge in S. C. C. Suit No. 129 of 1951. The plaintiff instituted the suit for recovery of Rs. 89/-as the price of 'Ehaga Paddy grown in 1357 B. S. in the plaintiff's land let out in 'Barga' to the defendants. The defendants contested the suit contending that they were in possession of the land not as 'bargadars' but as tenants at the rental of Rs. 8/- per year. The defendants also denied the plaintiff's claim as to the quantity of the produce and the price. The learned Munsif held that the defendants were 'bargadars'. On the evidence adduced before him as to the quantity of produce and the price, he found that the plaintiff was entitled to recover Rs. 67/-. The suit was decreed in part accordingly.2. Against that decree defendant 1 has filed this revisional application. The points urged in this Cou...
Tag this Judgment!Nilkantha Bhattacharjee Vs. Jitendra Nath Das
Court: Kolkata
Decided on: Jul-23-1952
Reported in: AIR1953Cal515
ORDERK.C. Chunder, J. 1. This Rule was issued at the instance of a tenant against the order of the Subordinate Judge, 5th Additional Court, 24-Parganas, in connection with an application by a landlord for fixation of standard rent filed before the Additional Rent Controller of Calcutta.2. The facts are very simple. The landlord alleged that the premises were let out on 1-12-1941. That has not been contested. The landlord gave evidence as to what according to him was supposed to be the rent actually paid at the time. Both the Rent Controller and the Subordinate Judge disbelieved that evidence. The two courts then proceeded on the basis of Section 9 (1) (g). It is extremely regrettable that although we have very learned decisions on the Rent Control Act, no one has taken the trouble to point out to the lower Courts in simple language what they are practically to do in connection with fixation of rent. Sec-tion 9 of the Rent Act deals with fixation of standard rent. It has two clauses, Cl...
Tag this Judgment!Surendra Nath Dutta Vs. Mohini Mohan Chakravarty
Court: Kolkata
Decided on: Jul-18-1952
Reported in: AIR1954Cal73,[1953]23CompCas206(Cal),57CWN488
ORDERR.P. Mookerjee, J.1. This is a debtor's application for the revision of an order passed by the Munsif at Basirhat, directing that an earlier order dismissing for default a certain execution case be set aside and the case restored to file along with the miscellaneous case which had been started in connection with those execution proceedings.2. To appreciate the point raised before this Court, it will be necessary to refer in short to the relevant facts leading to the order of dismissal mentioned above. The Bank of Commerce obtained a decree against the debtor petitioner in the Court of Small Causes at Calcutta on 11-8-1938. Attempts were made to realise the decretal amount on different occasions, and on 8-8-1950, the last application for execution was filed. This was after an order was obtained from the Court of Small Causes for transfer of the decree to a Court in the District of 24 Pargannas. Prom the ordersheet it appears that the pleader who was engaged took various steps in co...
Tag this Judgment!Abinash Chandra and ors. Vs. Shree Sree Iswar Dharamraj Thakur and anr ...
Court: Kolkata
Decided on: Jul-18-1952
Reported in: AIR1953Cal194
K.C. Chunder, J.1. This is an appeal against an appellate decree of the Subordinate Judge, Burdwan, reversing that of the Munsif, Additional Court of the same place. The plaintiffs-are the appellants. 2. It is not disputed that the plaintiffs who were substituted in place of the step-brother of one Becharam, were the reversioners of Becharam. Becharam died leaving him surviving his widow Jugal Bala and his brother whose heirs are now the appellants before me. He executed a Will in which he made these provisions for his wife. He gave the property to his wife using only the words 'Bhogdakhal' that is, enjoy and possess. He then proceeded to say that his wife shall have the power to give away the property on her death to any one in the family of his father or of his wife who would tend or nurse her. The testator, it seems, did not contemplate a case in which there may be no such exercise of the power. He made provision that in case his wife proved unchaste or did not live in his own house...
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