Kolkata Court August 1952 Judgments
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Shew Pujan Rai Indrasan Rai Ltd. Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Aug-05-1952
Reported in: AIR1952Cal789
ORDERBose, J.1. This is an application under Article 226 of the Constitution for an appropriate writ for quashing of an order of confiscation of the petitioner's gold of the value of about Rs. 10,00,000 passed by the Collector of Customs under the provisions of the Sea Customs Act, 1878, and for direction upon the respondents 1 to 3 to return the said gold to the petitioner.2. The petitioner is a private limited company and carries on business as bullion merchants. The case of the petitioner is that prior to its incorporation this business was being carried on by a firm of the same name on a very large scale for about the last twenty years. The petitioner purchases gold at Calcutta or Bombay and does not import any gold from any foreign country. Between 14th November 1950 and 20th November 1950 the petitioner in the usual course of business purchased gold in the market and in respect of such purchases borrowed moneys from its bankers Messrs. National Hendels Bank N. V. and Messrs. Bhar...
Panmal Lodha and anr. Vs. Omraomal Lodha and ors.
Court: Kolkata
Decided on: Aug-05-1952
Reported in: AIR1953Cal244
ORDERSinha, J. 1. This is an application by the defendant Sobhagmal Lobha for several reliefs the most important being a direction upon the Special Referee to make a special Report. A few facts must be stated in order to appreciate how the question of a special Report arises. 2. The suit was instituted in May 1934 by Kanmull Lodha father of the present plaintiffs, for partition of what is known as the Lodha Estate. There are numerous parties to this suit, taut they may be divided into three groups, namely the Sujanmull group, the Samirmal group and the Umedmull group. The petitioner is the grandson of Umedmull and the son of Abbey-mull who was the adopted son of Umedmaull. The Lodha family carried on about seventeen different businesses in all parts of India and the books of accounts number more than two thousand.3. On 16th May 1940, a preliminary decree for partition was made by Ameer Ali J. and various accounts and enquiries were ordered. An account was ordered to be taken of what wa...
Dwijendra Nath Singh and anr. Vs. Govinda Chandra and anr.
Court: Kolkata
Decided on: Aug-05-1952
Reported in: AIR1953Cal497,57CWN225
Das Gupta, J.1. The only question in this case is whether a suit which was not maintainable, under the provisions of Section 69 of the Partnership Act at the time it was instituted because the firm was not registered, became maintainable at a later date when the firm was registered during the pendency of the suit.2. The suit was brought by two persons who are described as the owners of the firm Samanta Naskar and Co. On 8-6-1951, when the suit was instituted this firm had not been registered. It however was registered before the suit came to be heard. The learned Munsif relying on a decision of this Court in --'Radha Charan Saha v. Matilal Sana', 41 Cal WN 534 (A), held that the suit was maintainable in spite of the fact that the firm was not registered on the date of institution of the suit and passed a decree in part in favour of the plaintiffs.3. It is contended before us that the decision in -- '41 Cal WN 534 (A)', was not correct.4. The first and second sub-sections of Section 69 ...
Bhutnath Das and ors. Vs. Satish Chandra GuIn and ors.
Court: Kolkata
Decided on: Aug-04-1952
Reported in: AIR1953Cal597
R.P. Mookerjee, J. 1. One Sasibala Dasi died in a hospital in Calcutta on 21-11-1943. It is admitted fact that she had executed a will on 22-1-1930, and had the same registered two days later. Sasibala at the time of her death left a brother Bonowarilal and the petitioners Satish Chandra and others who are her sisters' sons; the petitioner Santosh Bala was another sister of hers.2. A little over three years after the death of Sasibala an application for the issue of letters of administration was filed by Satish Chandra and others before the court of the Munsif at Katwa. The proceedings were transferred to the court of the District Judge. The petitioners came to court with the story that the original will which was with Sasibala was not found after her death. A certified copy obtained from the registration office was filed along with the petition. Sasibala's brother Bonwari died in February-March, 1945, leaving five sons viz., Bhutnath, Ramanath, Dinonath, Saktipada and Muktipada.3. The...
Corporation of Calcutta Vs. Raj Kumar Narsing Pratap Singh Deo
Court: Kolkata
Decided on: Aug-01-1952
Reported in: AIR1954Cal20,57CWN925
R.P. Mookerjee, J.1. This appeal is directed against an order passed by the Court of Small Causes cancelling an intermediate valuation fixed by the Corporation of Calcutta under Clause (c) of Sub-section (2) of Section 131, Calcutta Municipal Act (Act 3 of 1923).2. The premises in question is No. 199, Park Street. This had originally been let out at Rs. 300/- per month when the last general revaluation had been given effect to from the third quarter of 1946-47. From the first quarter of 1947-48 there was an intermediate revaluation on the ground that there had been substantial additional structures put up, and the annual value was fixed on the basis of Rs. 330/- per month being the fair rent of the premises. With effect from the fourth quarter of 1947-48, the Corporation proceeded to revalue the 'entire' premises on the allegation that there had been subsequent to the previous intermediate revaluation substantial improvements effected. On this occasion, the annual value has been fixed ...
Union of India (Uoi) Vs. Brajen Saha
Court: Kolkata
Decided on: Aug-01-1952
Reported in: AIR1953Cal366,57CWN164
ORDERChunder, J. 1. This Rule was issued at the instance of the Union of India, as representingthe East Indian Railway Administration. After the division of British India into two independent territories, namely, the Union of India and Pakistan) the plaintiff, the opposite party in the present case, one Brajen Saha, entered into a contract of carriage with the Government of Pakistan, as representing the Eastern Bengal Railway, at Faridpore for carriage of some goods to Calcutta. It appears from the plaint that the goods were not delivered. It is now clear that the goods were seized by the Land Customs at the Indian Land Frontier and detained there as a result of which when the goods were released they were found in such a condition that they had to be sold. The Union of India, as pointed out by Mr. Bose never denied the liability to pay over the actual sale proceeds held by them but the present suit is not for realisation of the same. 2. The plaintiff Brajen Saha brought the suit again...
A.K.M. Zakaria Vs. Choudhuri Golam Martuza and anr.
Court: Kolkata
Decided on: Aug-01-1952
Reported in: AIR1953Cal666
Das Gupta, J. 1. The respondent Taheriatannessa brought a suit being Title Suit No. 66 of 1946 in the Court of the Subordinate Judge, Berhampore, for declaration of title and recovery of possession of certain properties. That suit was compromised and a decree in accordance with the terms of compromise was passed. One of the terms of the compromise was that on the plaintiff paying to the present appellant A.K.M. Zakaria Rs. 6000/- fay the end of Falgun, 1355 B.S., Zakaria will give to the plaintiff possession of the properties of Schedules Ka, Kha and Ga. On 4-4-1949, Taheriatannessa applied for execution of the decree on a statement that she had deposited the amount in accordance with the terms of the compromise decree. On 6-5-1949, Zakaria applied for withdrawal of the amount in deposit. That application was as a result of Taheriatannessa's objection, unsuccessful. On 10-5-1949, Zakaria filed an objection under Section 47, Civil P.C., in which he stated that the deposit was a conditio...
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