Kolkata Court April 1953 Judgments
Hafiz Md. Fateh Nasib Vs. Haji Abdur Rub and ors.
Court: Kolkata
Decided on: Apr-30-1953
Reported in: AIR1954Cal101,57CWN820
Lahiri, J. 1. In this Rule which has been obtained by the plaintiff the only question is what should be the court-fee payable by the plaintiff. The plaintiff instituted a suit for recovery of possession as mutwalli of certain properties described in the plaint. The plaintiff's case is that the subject-matter of the suit formed part of a public Wakf created as far back as 1876 and 1880 and that certain persons while acting as mutwallis illegally transferred certain properties, some of which form the subject-matter of the suit treating them as secular properties. The plaintiff seeks to recover possession of those properties as mutwalli on the ground that they are wakf properties and that the alienations are unauthorised. In the plaint the plaintiff valued the relief at Rs. 12,000/- and paid court-fees on that basis. At the hearing a preliminary issue was raised as to the sufficiency of the court-fee and during the trial of this issue certain papers relating to the valuation of the proper...
Tag this Judgment!Dwarkadas Agarwall Vs. Dharam Chand JaIn and ors.
Court: Kolkata
Decided on: Apr-30-1953
Reported in: AIR1954Cal583,[1954]24CompCas283(Cal),58CWN517
Chakravartti, C.J. 1. These are two appeals arising out of the affairs of the Calcutta National Bank Ltd. Appeal No. 157 of 1952 being directed against an order dismissing an application for a scheme and Appeal No. 169 of 1952 being directed against an order for the winding up of the company. The appellant in both the appeals is one Dwarkadas Agarwalla, who has described himself as the President of the Depositors* Association of the Bank. 2. The appeals form the last chapter of a long story which commenced as long as on 14-5-1951, if not a little earlier. It appears that the Calcutta National Bank Ltd. is a fairly large undertaking with an authorised capital of Rs. 50,00,000/-, divided into 5,00,000 shares of Rs. 10/- each, all of which are fully subscribed and paid up. The assets of the Bank, as would appear from a report submitted by certain auditors under the directions of the Company Court, are considerable, but so are the liabilities of the Bank not inconsiderable. Apparently, the...
Tag this Judgment!Uma Kanta Banerjee Vs. Renwick and Co. Ltd., Decree-holder and ors.
Court: Kolkata
Decided on: Apr-30-1953
Reported in: AIR1953Cal717,58CWN683
G.N. Das J. 1. This is an appeal by the judgment-debtor and is directed against an order of Mr. M.N. Mukherji, learned Additional Subordinate Judge, Birbhum, dated 18-2-1952.2. The facts may be shortly put as follows: On 6-6-1951, the decree-holder respondent obtained a decree inter alia for specific delivery of possession of certain machines described in Schedule D to the plaint. The decree further directed that if possession could not be had, the defendant would have to pay a sum of Rs. 54,794-14-0 as the value of the said properties. As the judgment-debtor did neither deliver the properties mentioned in Schedule D nor pay the price thereof as mentioned in the decree, the decree-holder filed on 3-8-1951, an application for execution of the decree. In the petition for execution the decree-holder prayed for a variety of reliefs including a prayer for delivery of the said specific properties and for attachment of a decree obtained by the judgment-debtor. The execution petition was regis...
Tag this Judgment!Jogai ChamarIn Vs. Atul Krishna Laha and ors.
Court: Kolkata
Decided on: Apr-30-1953
Reported in: AIR1953Cal770,57CWN506
K.C. Chunder, J.1. This is an appeal against an appellate decree of the first subordinate Judge of 24-Parganas affirming that of the first Munsif of Sealdah.2. An application was made under Section 27, Thika Tenancy Act 1949 for rescinding or varying the decree. Against the order passed by the Munsif, an appeal was taken to the Court of the Subordinate Judge and the Subordinate Judge decided that no appeal was competent. Against that an appeal as well as an alternative revisional application have been filed in this Court. Those were pending on 21-10-1952. In view of Section 1 of the Amendment Act of 1953 and its proviso, it is clear that in pending proceedings the old Act as amended by this Amendment Act of 1953 has got to be applied and shall be deemed to have application always. Now as far as Amendment Act is concerned, in Section 8 it says that Sections 28 and 29 of the original Act shall be omitted. The result therefore is that it is to be deemed always not to have Sections 28 and ...
Tag this Judgment!The Calcutta Electric Supply Corporation, Ltd. Vs. Rampati Debi
Court: Kolkata
Decided on: Apr-29-1953
Reported in: (1953)ILLJ227Cal
P.B. Chakravarthi, C.J.1. This is an appeal from a decision of the Commissioner for Workmen's Compensation, dated 2 January 1952, by which he awarded a sum of Rs. 3,500 as compensation to the respondent, Rampati Debi, for the death of her son, Bindeswari Ojha, while in the employment of the appellant, the Calcutta Electric Supply Corporation Ltd. The facts of the case are slightly out of the ordinary.2. The deceased Bindeswari Ojah was a workman employed at the test house maintained by the Electric Supply Corporation at 96, Prinsep Street, Calcutta, He has been described as a durwan, but it appears that his duty was to keep watch over the properties of the appellant at the premises of the test house and he was one of the four persons in the same kind of employment. On 5 May 1950, the deceased was admittedly on duty from 7 p.m. to 11 p.m. He had his quarters within the premises of the test house, and it would appear that two of his colleagues, namely, Nagina and Kanglu, also used to liv...
Tag this Judgment!Municipal Commissioners of Raniganj Vs. Kedar Kalwar
Court: Kolkata
Decided on: Apr-28-1953
Reported in: AIR1954Cal27,57CWN704
Sen, J. 1. This revisional application is directed aeainst an order of Sri N. Chakravarty-Sessions Judge, Burdwan, setting aside tha conviction of the opposite party Kedar Kalwar under Section 240(1)(b) read with Section 500, Bengal Municipal Act, 1932 and acquitting him of that charge. The prosecution was started by the Raniganj Municipality on the allegation that the opposite party Kedar Kalwar had encroached upon a portion of a public street known as 'Kalitala Lane' in C. S. Plot No. 904 of Raniganj Municipality by constructing a corrugated iron shed thereon used as a cowshed; that the Municipality served a notice on 23-6-1950 calling upon the opposite party to remove the shed within three days and that the opposite party failed to comply with the notice and so committed the offence under Section 240(1) (b) read with Section 500, Bengal Municipal Act, 1932. The complaint was filed in Court on. 23-6-1950 although it appears that the learned Magistrate passed an order for issuing the ...
Tag this Judgment!Sunil Chandra Roy and anr. Vs. the State
Court: Kolkata
Decided on: Apr-27-1953
Reported in: AIR1954Cal305,57CWN962
Chakravartti, C.J.1. This appeal arises out of a proceeding which commenced in August, 1950 and which has, in the course of its progress from stage to stage, suffered certain vicissitudes.2. The proceeding had its origin in an incident which occurred on 11-8-1950 and involved the death of one Col. S. C. Mitra. In connection with that incident, the two appellants before us, Sunil Chandra Roy and Satyendra Chandra Boy, who are brothers, were sent up for trial along with a third brother named Amalesh Chandra Roy. Sunil was charged under Section 302, Penal Code for the murder of Col. Mitra and further charged under Section 323 of the same Code for causing simple hurt to Mrs. Sati Mitra, a daughter-in-law of the deceased Colonel. Satyendra was charged jointly with Amalesh under Section 323, I. P. C. for causing simple hurt to Nirmal Kumar Mitra, a son of Colonel Mitra. All the three were further charged under Section 447, I. P. C. for criminal trespass into premises No. 18, Bondel Road, Cal...
Tag this Judgment!Sm. Sushila Bala Dassi and ors. Vs. Corporation of Calcutta and ors.
Court: Kolkata
Decided on: Apr-24-1953
Reported in: AIR1954Cal257
Chunder, J. 1. These are five appeals against five appellate decrees by tenants with respect to some suits in ejectment. The same question of law arises and therefore the same judgment will govern all the five appeals.2. The facts are very clear. On 2-6-1947, plaintiffs Nos. 2 and 3 made a deed of gift in favour of the Calcutta Corporation by Ext. 3 of some bustee land out of the bustee sityated at No 18, Monoharpukur Road. For each plot of land then in occupation of a tenant there were joint landlords, namely, plaintiffs Nos. 1, 2 and 3. None of them was a separate landlord so far as the tenant in each of these cases is concerned of any particular separate tenancy land. The whole tenancy land was vested and possessed in the right of a landlord by three persons together, namely, plaintiffs Nos. 1, 2 and 3. These five suits in ejectment were brought by plaintiffs Nos. 1, 2 and 3 together as constituting the joint body of landlords for ejectment of these tenants. These lands have been ma...
Tag this Judgment!Radha Nath Dhara and ors. Vs. the State
Court: Kolkata
Decided on: Apr-22-1953
Reported in: AIR1953Cal602,58CWN243
Sen, J.1. This revisional application arises from an order of Sri. M. N. Mukherjee, Assistant Sessions Judge, Burdwan, convicting the petitioners, Radha Nath Dhara, Naran Dhara alias Ram Narayan Dhara, Madhusudan Dhara, Siddheswar Mondal & Furna ChandraDas under Section 147, 1. P. C. and sentencing each of them to suffer rigorous imprisonment for one year.2. The prosecution case briefly was that on the 26-8-1951 at about 6-30 A. M. the complainant Rasomay Mondal, his brothers Kartick Mondal & Madan Mondal & an agricultural labourer Radhu Bauri were transplanting paddy in their land comprising C. S. plot 1062 of Mouza Soknar Beel. According to the complainant he and his brothers had been in continuous possession of the land in question from the time of their father. At about 7 or 7-30 A. M. the five petitioners along with Khoka Pande 'alias' Abanidhar Pande armed with a gun and 7 or 8 Hindusthani 'lathials' came up there. The petitioners challenged Rasomoy Mondal and his brothers and as...
Tag this Judgment!Kshitish Kumar Som Vs. State of Bihar
Court: Kolkata
Decided on: Apr-22-1953
Reported in: AIR1953Cal639
ORDERSinha, J. 1. This is an application for an amendment of the plaint. The plaintiff instituted this suit on 26-5-1952 against the defendant. It is alleged in the plaint, as filed, that on or about 30-3-1949, it was agreed by and between the plaintiff and the defendant by means of letters exchanged between the parties that the plaintiff would sell and the defendant would purchase 100 tons of imported continental paper upon certain terms specified in the plaint. It is then stated that the plaintiff had supplied the defendant and the defendant had accepted 40 tons 756 lbs. of the contracted goods, as a result of which a sum of Rs. 80,663/8/3 became due and payable, out of which the plaintiff had been paid a sum of Rs. 58,943/14/3 on or about 14-11-1949, but the defendant had failed and neglected to pay the balance. In the alternative the plaintiff stated that he had supplied the said goods to the defendant not intending to do so gratuitously and that the defendant was liable to compens...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »