Kolkata Court February 1953 Judgments
PulIn Krishna Dutt and anr. Vs. Satyaranjan Bhattacharjee
Court: Kolkata
Decided on: Feb-26-1953
Reported in: AIR1953Cal599,57CWN368
ORDERChunder, J.1. This Rule was issued at the instance of landlords who are being prosecuted before a Presidency Magistrate of Calcutta under Section 40, West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.2. It raises a point of law which has not yet received decision from any Court to my knowledge. Briefly, the facts are that in July 1948 a tenancy was created by the petitioner in favour of one Satyaranjan Bhattacharjee at the time when the Rent Control Ordinance of 1946 was in force. It is alleged now that the accused-petitioners at that time took a premium or pugree or selami of about Rs. 200/-. It is for act of theirs in 1948 that they are now sought to be prosecuted under the present law. The provision of 1946 Ordinance briefly, and in plain language, was that if any one took a selami like that, he incurred a penalty which might be imposed by the Rent Controller. There was no provision for prosecution for any offence committed by him. Under the present Act of 1950...
Tag this Judgment!Satish Chandra Saha Vs. the State
Court: Kolkata
Decided on: Feb-25-1953
Reported in: AIR1954Cal379,58CWN160
Mitter, J.1. The appellant was tried by a learned Assistant Sessions Judge at Alipore, sitting with a jury, upon a charge under Section 304, Penal Code for causing the death of one Chaitanya Saha. The jury returned a unanimous verdict of guilty under Section 304, Part I, whereupon the appellant was convicted of the offence and sentenced to suffer rigorous imprisonment for 7 years. 2. The prosecution case against the appellant was as follows: The appellant and the deceased Chaitanya were co-villagers and neighbours. Between 8 and 8-30 P. M. on 26-5-1951, in the village called Makalgacha, Chaitanya went to the house of the accused to recover his cow which the accused had kept confined. While proceeding from his own house to that of the accused, along the village road, he was accosted by one Keshab Saha who was then sitting with another person on a 'Machan' in front of a shop. Chaitanya stated that he was proceeding to the accused's house to recover and fetch his cow which the accused had...
Tag this Judgment!Moran and Co. Ltd. Vs. Anderson Wright Ltd.
Court: Kolkata
Decided on: Feb-24-1953
Reported in: AIR1953Cal477,57CWN824
Chakravartti, C.J.1. This is an appeal from an order of S.R. Das Gupta J. dated 23-84951, by which the learned Judge stayed a suit brought by the appellant Moran & Co. Ltd., against the respondent, Anderson Wright Ltd., upon an application made by the latter under Section 34, Arbitration Act.2. The facts are as follows: By two different contracts, both dated 7-7-1950, the respondent purchased 12,00,000 yards of Hessian Cloth, 6,00,000 yards under each of the contracts, delivery to be made at the rate of 1,00,000 yards per month from January 1951 and payment to be made in cash on delivery. Each delivery was to be treated as a separate and distinct contract. The Bought Notes, which were addressed to the respondent and signed by the appellant over the word 'Brokers', began with the sentence, 'Dear Sirs,We have this day bought by your order and . on your account from our Principals,' and then it proceeded to set out the particulars of the goods and the terms and conditions of the contracts...
Tag this Judgment!Sm. Saralabala Devi Vs. Shyam Prosad Chatterjee and ors.
Court: Kolkata
Decided on: Feb-23-1953
Reported in: AIR1953Cal765,57CWN668
G.N. Das J. 1. This is an appeal by the decree-holder and is directed against an order of Sri R. R. Biswas, learned Subordinate Judge, Nadia, dated 1-9-1950.2. The facts are not in controversy and may be briefly stated as follows:In 1935 the appellant instituted a suit for partition of certain joint lands against the respondents who are her co-sharers. The suit was registered as Title Suit No. 11 of 1935 of the Court of the Subordinate Judge, Nadia, The suit ended in a compromise decree on 30-11-1936. The substance of the terms of the compromise was that the appellant gave a lease of her undivided share in the property in suit in favour of the respondents at a monthly rent of Rs. 100/-.3. The rents so reserved not having been paid by the respondents, the appellant instituted a suit for recovery of rent being Rent Suit No. 4 of 1946. The Rent Suit was instituted in the Court of the Subordinate Judge, Nadia. The suit was decreed on 23-11-1948. On 13-7-1949 the appellant filed an applicat...
Tag this Judgment!Dwijapada Mondal and anr. Vs. Bholanath Mondal and ors.
Court: Kolkata
Decided on: Feb-22-1953
Reported in: AIR1954Cal85
Renupada Mukherjee, J. 1. This appeal arises out of a suit for partition. The suit was instituted by the plaintiffs-respondents who claimed one-sixth share in the properties in suit and alleged that the remaining share was owned amongst the defendants in different shares. It was admitted by both the parties that the original defendant 1, Debendra Mondal, who died during the pendency of this suit in the trial Court had eight annas share in the disputed properties. His sister's son who was a minor named Haradhan Ghose was substituted in his place.2. The suit was contested in the trial Court by deceased Debendra Mondal and defendants 2 and 3 their main contention being that the suit was bad for partial partition. It was also contended by them that the representation of minor Haradnan Ghose was not made in accordance with law. Some other objections were also raised by the contesting defendants in the trial Court with which we are not concerned in the present appeal. All these contentions w...
Tag this Judgment!Satipada Chatterjee Vs. Annakali Debya
Court: Kolkata
Decided on: Feb-20-1953
Reported in: AIR1953Cal462,58CWN121
Das, J.1. This is an appeal by the objector Satipada Chatterjee against the decision of N. Chakravarty, the learned District Judge of Nadia, dated 26-4-1951, granting letters of administration to the estate of Akshoy Kumar Chatopadhaya, with a copy of the will annexed.2. The testator Akhoy Kumar Chatopadhaya executed his last will and testament on 26-8-1939. It was registered on the same date at Krishnagar. The testator survived the will by about 10 years and, died on 16-1-1949. The present application for the grant of letters of administration was made on 15-12-1949, the applicant being one Annakali Debya. The application was opposed by the appellant Satipada Chatterjee, nephew of the testator. His objection was pressed on two grounds (1) that the will was not duly attested and (2) that the testator had no testamentary capacity.3. As a result of contested hearing the learned District Judge found in favour of the genuineness of the will and of its due attestation and also of the testam...
Tag this Judgment!Taracharan Mukherjee Vs. B.C. Das Gupta and anr.
Court: Kolkata
Decided on: Feb-18-1953
Reported in: AIR1954Cal138
ORDERSinha, J. 1. This is a rule calling upon the respondents, to show cause why a writ in the nature of Mandarnus should not be issued directing them to rescind, cancel or recall the Notification No. PH2209/2A-9/52 and the notice dated October 22, 1952, served upon the petitioner as mentioned in the petition or from forbearing to act thereon or from giving effect thereto.2. The petitioner is the proprietor of an institution called the 'Nature-Cure Clinic', situate at 43/1 Boy/bazar Street, Calcutta. It is stated in the petition that the object of the establishment is 'to treat patients suffering principally from rheumatism and deformity of limbs in Scientific methods by recourse to Bath and massaging and other methods available for Physic-therapeutics including treatment by light, heat, electricity and hydrotherapy and other allied methods.'3. He has another such institution at 5 Dhurrumtollah Street, but that is not the subject matter of this application.4. The institution, being a P...
Tag this Judgment!Anil Kumar Samanta and anr. Vs. the State
Court: Kolkata
Decided on: Feb-18-1953
Reported in: AIR1953Cal476,57CWN375
Sen, J.1. This revision application is directed against an order of the Sub-divisional Magistrate, ' Arambagh, committing the petitioners Anil Kumar Samanta and another to the Court of Session in respect of two charges under Section 7(2), Essential Supplies Act, 1946.2. The prosecution case briefly was that in the afternoon of 26-6-1952, Anil Kumar Samanta and his brother Sunil Kumar Samanta moved 30 mds. of paddy in 20 bags from the western bank of river Mundeswari to its eastern bank, and later on the same day, 14 bags containing 21 1/2 mds. of paddy were taken by them to Dehibatpur Hat-tola. Accordingly, there were two charges against the petitioners -- one for violation of the Govt. of West Bengal Cordoning Order by moving the paddy across the river and one for possession of paddy in excess of the maximum quantity prescribed by the West Bengal Foodgrains Control Order, 1951, the maximum quantity prescribed thereunder being 10 mds. of paddy or rice. Under the proviso to Section 7 (2...
Tag this Judgment!Dr. Makhanlal Bhowmik Vs. Ram Bhakat Sharma and anr.
Court: Kolkata
Decided on: Feb-18-1953
Reported in: AIR1953Cal485
ORDERK.C. Chunder, J.1. This Rule was issued at the instance of the District Health Officer) Jalpaiguri, against an order of acquittal and an order under Section 13, Bengal Food Adulteration Act, passed by the Magistrate of the District.2. The facts are not seriously in dispute. The Sanitary Inspector seized the stock of mustard oil which was found stocked by a firm of merchants at Banerhat in that District. He took samples from different portions and in analysis it has been found that the whole of the oil was highly adulterated. He had after seizure offered the price. 'It must also be pointed out that in this case prosecution was sanctioned not merely for selling mustard oil but for all the offences connected with mustard in Section 6, Bengal Food Adulteration Act. The Magistrate found that the mustard oil was highly adulterated. He considered that because at a considerable distance the Firm had a factory for soap-making the storing might be for such purpose though the storing was not...
Tag this Judgment!Firm Ramdhonedas Bulakidas Vs. Orambabala Dassi and ors.
Court: Kolkata
Decided on: Feb-17-1953
Reported in: AIR1954Cal440
G.N. Das, J.1. This is an appeal by the plaintiff against a judgment and order passed by Sri J. M. Bir, learned Subordinate Judge, Burdwan, dated 24-2-1951, directing a plaint to be returned for presentation to the Court of the Munsif.2. The plaintiff came to Court on the following allegations : That on 29-6-1946, the plaintiff obtained a decree for a sum of Rs. 2298-5-9 pies against a firm styled Nootbehari Das Eyomkesh Das in O. C. Suit No. 1743 of 1945 on the Original Side of this Court; that on 28-7-1948, Byomkesh Das granted a registered mokarari lease in favour of Orambabala who is a daughter of Byomkesh's father by his first wife; that on 29-7-1948, the decree obtained by the plaintiff was transferred for execution to the Court of the 2nd Munsif at Burdwan where it was registered as Money Ex. Case No. 80 of 1948; that on 9-8-1948, a deed of sale was executed by Byomkesh in favour of Orambabala in respect of the reversion vested in Byomkesh; that on 30-8-1948, the disputed proper...
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