Kolkata Court September 1952 Judgments
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Sm. Radharani Das Vs. Sisir Kumar and ors.
Court: Kolkata
Decided on: Sep-10-1952
Reported in: AIR1953Cal524,57CWN127
P.N. Mookerjee, J. 1. This Rule is directed against an order of the learned Munsif, First Additional Court, Alipore, rejecting the petitioner tenant's application for rescission of an ejectment decree obtained against her by the landlords opposite parties. The application was made under Section 6, West Bengal Premises Rent Control (Temporary Provisions) (Amendment) Act, 1950 (West Bengal Act 62 of 1950) which runs as follows:'Where at any time between the commencement of the said Act (West Bengal Premises Rent Control (Temporary Provisions) Act, 1950-West Bengal Act 17 of 1950) and of 'this Act' (West Bengal Act 62 of 1950) an order or decree for the recovery of possession of any premises has been made or passed by any Court but possession of such premises has not 'been recovered in execution of such order or decree and the Court is of opinion that the order or decree would not have been made or passed if 'this Act1 had been in force when the order or decree was -made or passed, the Co...
Mrs. Rosetta Evelyn Attaullah Vs. JustIn Attaullah and anr.
Court: Kolkata
Decided on: Sep-10-1952
Reported in: AIR1953Cal530,57CWN778
R.P. Mookerjee, J.1. The petitioner wife filed an' application under Section 10, Divorce Article for dissolution of her marriage with the respondent. Neither the respondent nor the co-respondent appeared before the lower Court. The decree nisi was passed ex parte by the Additional District Judge, Alipore. When the proceeding came up before this Court for confirmation appearance was entered on behalf of the husband respondent. On his behalf it was contended that the Alipore Court had no jurisdiction to entertain the application.2. In the petition for dissolution of marriages it was stated that the parties were domiciled in India at the time of their marriage in 1948. Evi-deuce was led to this effect on behalf of the petitioner and the learned Judge came to a finding that it was so. Under Section 2, Divorce Act, it is necessary that there should, be a definite finding that the parties were domiciled in India at the time when the petition for dissolution was presented. During the ex parte...
Nand Kishore Vs. International Mercantile Corporation (India) Ltd.
Court: Kolkata
Decided on: Sep-09-1952
Reported in: AIR1953Cal415
Bachawat, J. 1. This is an application to revoke an order of reference in these suits and to set aside and declare invalid an award made by the arbitrator to whom the disputes in these suits were referred for arbitration.2. The central figures in this litigation are Nanda Kishore Jhajharia and Jagannath Agar-walla. They were directors of and in control of various limited companies including the International Mercantile Corporation (India) Ltd. They also carried on a co-partnership business under the name and style Agarwalla-Jhajharia & Company which had its head office at No. 370 Upper Chitpore Road as exporters, importersand general merchants.3. There is relationship by marriage between Nandkishore and Karnlaprosad who is son of Jagannath Agarwala. The wives of Nandkishore and Kamalaprosad are sisters.4. The relationship between Nandkishore and Jagannath is strained since the latter part of 1960. There are serious disputes between them, with regard to various matters. The most serious...
Corporation of Calcutta Vs. Chandoolal Bhai Chand Modi
Court: Kolkata
Decided on: Sep-09-1952
Reported in: AIR1953Cal773,57CWN882
R.P. Mookerjee, J.1. This is an appeal on behalf of the Corporation of Calcutta and arises out of proceedings initiated by the respondent assessee under Section 141, Calcutta Municipal Act, objecting to the assessment made in respect of premises No. 18/13 Dover Lane, Calcutta.2. The principal objection raised on behalf of the assessee was that the assessment made would take effect from 1-7-1948 and not from 1-4-1946. For a proper appreciation of the point raised by the assessee reference need be made to the circumstances under which the present assessment was made.3. The annual value of the premises in question was determined by the department under Section 127(a), Calcutta Municipal Act, with effect from the first quarter 1946-47 for the 6 yearly general revaluation of the Ward under Section 131(1) of the said Act. Objection was raised under Section 139 of the Act and the Deputy Executive Officer reduced the annual value from Rs. 1350 to Rs. 891 confirming the valuation under Clause (...
Sm. Gita Mitra Vs. S.P. Ghose and ors.
Court: Kolkata
Decided on: Sep-05-1952
Reported in: AIR1953Cal297
ORDERBose, J. 1. This is an application under Article 226 of the Constitution for writs in the nature of 'certiorari' and 'mandamus' for quashing of certain orders dated 2-6-1949, 23-12-1949 and 25-7-1950 purported to be made under the provisions of the West Bengal Premises Rent Control Act, 1948 (Act 38 of 1948), and for direction upon the opposite parties 1 to 4 to forbear from giving effect to the said orders.2. The petitioner is the owner of premises. No. 1/2 Lovelock Street in the suburbs of Calcutta. After purchasing the said premises the petitioner repaired and improved the said premises at a cost of about Rs. 4,000/- and converted the same into a good dwelling house consisting of 6 living rooms, 2 covered verandahs, one open verandah, 2 lavatories and one servants room and it was surrounded by boundary walls. The premises stands on land measuring about 3 cottahs and its estimated value is said to be Rs. 40,000/-.In December 1947 the petitioner let out the premises to one Sashi ...
Satya Prasad Mitra Vs. Panchugopal Das
Court: Kolkata
Decided on: Sep-05-1952
Reported in: AIR1953Cal686
ORDERS.K. Sen, J.1. This is a revision application under Section 32(4) of the West Bengal Premises Rent Control Act of 1950 from an order of Sri D. N. Das Gupta, Second Subordinate Judge, Alipore. dismissing an appeal from an order of the Rent Controller, Calcutta, in case No. 191A of 1951 imposing a fine of Rs. 100/- on the petitioner landlord for cutting off supply of electricity to the premises of the tenant opposite party.2. The opposite party Panchugopal Das took lease of a portion of the first floor of the house at 43 Sasthitala Road, Beliaghata Calcutta, at the rent of Rs. 12/- per month in 1942. The rent was thereafter increased and it was standardised at Rs. 24/- per month in case no. 2272B of 1947. On 24-1-1951, the tenant opposite party Panchu Gopal Das filed, an application under Section 34 of the Rent Control Act 1950, before the Rent Controller alleging that the supply of electricity was included within the terms of the tenancy and that on 19-1-51 owing to failure of the ...
Surendra Nath and anr. Vs. Dandiswami Jagannath Asram and ors.
Court: Kolkata
Decided on: Sep-04-1952
Reported in: AIR1953Cal687,57CWN457
Das Gupta, J.1. The petitioners are two of the persons who filed on 31-8-1935 a suit under Section 92, C. P. C. for removal of Triloke Chan-dra Giri from the 'Mohuntship of the Bhotbagan and Amdanga 'Maths,' for appointment of a fit and proper person as 'Mohunt' of these 'Maths', for the framing of a scheme for the proper management of the 'Maths' and for several other reliefs. A decree was passed in that suit on 30-9-1942 by which Triloke Giri was removed from the 'Mohuntship' and two new 'mohunts for the two 'Maths' were ordered to be appointed in subsequent proceedings. This decree having been since confirmed by this Court, in appeal the learned District Judge took up the matter of selection of persons for appointment as 'mohunt' on 10-12-1951 and passed the following order:'The custom of selection of the 'Mohanta' of the 'Maths' concerned by the brotherhood of the Tarakeswar 'Mandali' appears to have been recognised by the Hon'ble High Court in its appellate judgment and the plaint...
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