Kolkata Court December 1953 Judgments
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ErwIn KleIn Vs. Kathleen Klein
Court: Kolkata
Decided on: Dec-14-1953
Reported in: AIR1954Cal406,58CWN169
Chakravartti, C.J.1. This appeal is wholly unmeritorious on the facts and I am glad to be able to say that even no technical support is lent to it by the provision of law upon which the learned Counsel for the appellant relied.2. The appellant is one Erwin Klein, who is said to be a musician by profession. The respondent is his wife. The parties were married in 1940, but in November, 1947, while living in Calcutta they separated. The husband continued paying a maintenance allowance to the wife till February 1950, but thereafter stopped payment altogether. In those circumstances, the respondent brought a suit on 24-6-1950, for judicial separation as also the custody of the two children of the marrige, a boy and a girl. The decree for Judicial separation was, we are informed, asked for on allegations of adultery on the part of the husband. The wife obtained a decree on 25-8-1950, by which the custody of the children was also given to her. in the suit itself she had made no prayer for ali...
Gopendra Narayan Bagchi and ors. Vs. Golokendra Kumar Chaudhury
Court: Kolkata
Decided on: Dec-11-1953
Reported in: AIR1955Cal62,58CWN841
P.N. Mookerjee, J. 1. This second appeal arises out of a suit for contribution. The suit has been dismissed by both the courts below. The plaintiff's are the appellants before me.2. It appears that the plaintiff's and the defendant were co-sharers of a Patni-tenure, the former being the owner to the extent of -/10/-share and the latter to the extent of the remaining -/6/-. The joint estate of the party was in Charge of a common manager from. 1344 to 1345 B.S. During this period the rents for the years 1344 to 1345 B. S. fell into arrears and the Zemindar or the Landlord instituted a suit for the recovery of those arrears. The suit, however, was instituted against the common manager as representing the plaintiffs only and in execution of the decree which the landlord obtained the defaulting Patni was sought to be put up to sale, when the plaintiffs made the payment and averted the sale. This payment was made on 17-3-1946. Thereafter, in 1946, the present suit was instituted claiming con...
Ziaul Haque and ors. Vs. Mahammadul Haque and ors.
Court: Kolkata
Decided on: Dec-11-1953
Reported in: AIR1954Cal149,58CWN266
Lahiri, J.1. This is a Rule under Article 227 of the Constitution of India obtained by some of the mutwallis of a big wakf against an order of the Commissioner of Wakfs West Bengal by which he appointed one of the mutwallis as a 'managing mutwalli' to the exclusion of others.It appears that one Munshi Golam Kader created a wakf of his estate on 4-10-1915 and appointed himself the first Mutwalli. On his death in 1328 B.S. (1921-1922) the mutwalliship devolved upon his three sons Munshi Mohammadul Haque (O. P. No. 1), Munshi Fazle Haque (since deceased) and Maulvi Ziaul Haque (Petitioner No. 1) under the terms of the Wakfnama. On the death of Munshi Fazle Haque his interest devolved upon his four sons, Sk. Md. Sulaiman (Petr. No. 2), Sk. Md. Abu Syed (Petr. No. 3), Mr. Nurul Islam (Petr. No. 4) and Sk.Md. Alia Rakha (O. P. No. 3). The right of mutwalliship thus came to be exercised by six persons.It is common ground that on account of personal jealousy and rivalry amongst the six mutwall...
Sohanlal Pachisia and Co. Vs. Bilasray Khemani and ors.
Court: Kolkata
Decided on: Dec-11-1953
Reported in: AIR1954Cal179
Bose, J. 1. This is a suit for recovery of Rs. 14,437/12/3 for damages suffered by the plaintiffs in respect of certain dealings and transactions in shares they had with the defendants and in the alternative for enquiry into damages.2. The case of the plaintiff firm is that on or about the 29th November 1944 (wrongly stated as 25th November) the defendants sold and the plaintiff firm purchased from the defendants 4,000 ordinary shares of Barakar Coal Co. Ltd. The said transaction was subject to the rules and usages of the Calcutta Stock Exchange Association Ltd. According to the rule and usage, the defendants were to deliver the shares and the plaintiff firm was to pay for the same within 3 days from the date of the contract. The contract relating to the transaction was numbered 499 and dated the 29th November 1944. The time for delivery was however extended from time to time by mutual agreement up to 20th December 1944. But although the plaintiff firm applied for delivery, the shares ...
Lalta and ors. Vs. the State and anr.
Court: Kolkata
Decided on: Dec-11-1953
Reported in: AIR1954Cal192
ORDERChunder, J.1. This is an application in revision by four accused persons who are employed in a market in connection with their convictions and sentences under Sections 341 and 427 of the Indian Penal Code.2. The facts as found by the Presidency Magistrate and as explained in his further explanation are that a fisher woman named Sarala Dasi used to occupy on payment of rent daily a particular stall in a fish market belonging to the landlord whose men the four accused persons are and who wanted to give this stall to some other person of their own choice. The learned Magistrate thinks that this was to get a higher rent.3. Mr. Dutta has argued that as a daily toll used to be taken it is not leasing of immovable property. The contention on the finding of the learned Magistrate as to the stall cannot be sustained. As the fisher woman had a right to be at that particular stall and could not be thrown out of it without due process of law, preventing her from exercising her right to go to ...
Nath Bank Ltd. (In Liqn.) Vs. Sisir Kumar Sarkar
Court: Kolkata
Decided on: Dec-11-1953
Reported in: AIR1954Cal303,[1954]24CompCas306(Cal),58CWN385
Bachawat, J. 1. This is a suit to recover the balance due on an overdraft account and a declaration of charge and for all consequential reliefs. The only defence is a defence of set-off. The other contentions raised in the written statement are not pressed. The allegations in the plaint are admitted by the defendant's counsel. 2. The following issue was raised- 'Is the defendant entitled to a set-off asalleged in para. 6 of the written statement?' 3. The plaintiff (sic. defendant) is admittedly a debtor of the plaintiff for the sum of Rs. 10,406-10-6 before the winding up. The order for winding up of the plaintiff bank was made on 8th May, 1950. 4. There was a fixed deposit by Benode BenariSarkar and the defendant. The fixed depositreceipt issued by the plaintiff bank is as follows; 'No. 30736 Date of Expiry the 30th March 1350.Not transferable. Nath Bank Ltd.No. Bg. 1184, Nath Bank Ltd., BallygungeBranch office Ballygunge,dated the 30th March 1949.Nath Bank Ltd. Received from M/s. Be...
Patrick (inspector of Taxes) Vs. Broadstone Mills Ltd.
Court: Kolkata
Decided on: Dec-11-1953
Reported in: [1954]25ITR377(Cal)
SINGLETON L.J. - I will endeavour first to state the question for our consideration as simply as I can. The company has always adopted a system of accounting which is known as the base stock system. Under that system the fixed process stock, i.e., the cotton which is on the machines, does not appear in the trading account at all, and the spare process stock is taken at an arbitrary figure. The contention of the company is that the system is well recognised and is in accordance with the principles of sound commercial accountancy and that it ought to be adopted in order to arrive at the companys liability to tax.On behalf of the Crown it is said that, even if the system is satisfactory for ordinary commercial requirements over a period of years, it is not a proper way in which to arrive at the companys profits for taxation purposes in any year of assessment, and further that it does not show the full amount of profit for the year in question. Moreover, it is claimed that no system will g...
Ramdhari Mahato Vs. Ranjit Kumar Banerjee and anr.
Court: Kolkata
Decided on: Dec-10-1953
Reported in: AIR1954Cal211
Sen, J.1. This is a revisional application under Article 227 of the Constitution against an order passed by Sri Syamadas Chatterjee, Subordinate Judge, Howrah. A suit numbered as Title Suit 347 of 1943 was filed by opposite party No. 1 for ejectment of the petitioner from a piece of land occupied by him as tenant. When the Calcutta Thika Tenancy Act, 1949, came into force, the suit was tried as a miscellaneous case for ejectment under the provisions of the Calcutta Thika Tenacy Act and the ejectment was allowed by an order of a Munsif, Howrah, acting as a Controller under the Calcutta Thika Tenancy Act. There was an appeal filed under the provisions of Section 27(1) (b) of the Calcutta Thika Tenancy Act 1949, to the District Judge, Howrah. The District Judge by an order dated the 7th December, 1951 transferred the appeal to Sri Syamadas Chatterjee, Subordinate Judge for disposal. Sri Syamadas Chatterjee heard the appeal on merits and dismissed the same on 3rd April, 1952.2. In this rev...
Nandram Hanutram Vs. Raghunath and Sons Ltd.
Court: Kolkata
Decided on: Dec-10-1953
Reported in: AIR1954Cal245,58CWN510
ORDERBachawat, J.1. This is an application to declare an award to be null and void.2. The arbitration clause is contained in a contract dated 2-1-1952, for sale by the respondent to the petitioner of hessian cloth delivery April to June in equal monthly instalments.3. The respondent tendered the goods to the petitioner on the due dates. The petitioner failed to take delivery and thereupon on due notice to the petitioner the respondent re-sold the goods for and on account of the petitioner. Bills of difference in price were duly submitted but the petitioner did not pay those bills. The petitioner maintained an unusual silence throughout and did not send any letters to the respondent in answer to the several demands made by the petitioner.4. The respondent referred its claim to the arbitration of the Bengal Chamber of Commerce on 7-7-1952. The petitioner did not file any statement before the Bengal Chamber of Commerce. The Bengal Chamber thereupon made its award on 24-9-1952.5. It is con...
Jagadish Chandra Roy Choudhury Vs. Kashba Ballygunje Co-operative Soci ...
Court: Kolkata
Decided on: Dec-10-1953
Reported in: AIR1954Cal443
P.N. Mookerjee, J. 1. This appeal is at the instance of a surety judgment-debtor and it arises out of a proceeding under Section 47, Civil P. C. 2. The relevant facts lie within a short compass. On 4-5-1939, there was an award made under the Co-operative Societies Act in favour of the decree-holder respondent and against the judgment-debtor No; 1 Charu Chandra Boy Choudhury and the present appellant as the surety. This decree was put into execution in 1940 in Money Execution Case No. 315 of 1940 and the decree-holder wanted to proceed in that case against certain properties alleged to belong to the judgment-debtor Charu Chandra Roy Choudhury. The judgment-debtor took the matter before the Debt Settlement Board under the Bengal Agricultural Debtors Act and on receipt of a notice under Section 34 of that Act, the learned Munsif stayed all further proceedings in the execution case. -The stay order continued from 4-11-1940 to 12-8-1948. In the meantime, however, in 1947, the decree-holder ...
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