Kolkata Court December 1954 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Union of India (Uoi) Vs. Satyendra Nath Banerjee and ors.
Court: Kolkata
Decided on: Dec-09-1954
Reported in: AIR1955Cal581,59CWN531
Sinha, J. 1. The fact in these two cases are shortly as follows:One Mewaram Shaw, residing in Calcutta, was assessed to income-tax for the years 1944-45, 1945-46 & 1946-47. In July 1948, he was assessed for income-tax to the extent of Rs. 87066/1/-. Proceedings Under Section 128, Income-tax Act were also drawn up and he was directed to pay a penalty of Rs. 1,00,000/- in respect of the three assessment years. Mewaram preferred an appeal under Section 31, Income-tax Act and ultimately the Income-tax Appellate Tribunal made certain reductions. He also made an application under Section 66(2) of the said Act to the High Court, but it was unsuccessful.As Mewaram failed to pay the amount, certificate proceedings were drawn up and in Certificate Cases Nos. 173. 174 and 175 of 1949-50, before the Certificate Officer 24-Parganas certain movable and immovable properties were attached, obviously on the footing that they belonged to Mewaram. The immovable properties consisted of four houses in Calc...
P.K. Roy Vs. the State
Court: Kolkata
Decided on: Dec-08-1954
Reported in: AIR1955Cal277,1955CriLJ791,59CWN300
Sen, J. 1. The petitioner has prayed that the order of the Chief Presidency Magistrate, Calcutta, dated 15-4-1954, directing the petitioner to furnish bail of Rs. 7000/- in connection with a case under Section 420, I. P. C., pending in the Court of the City Magistrate, Srinagar, may be set aside. 2. It appears that the case under Section 420, I. P. C., was started against the petitioner in the court of the City Magistrate of Srinagar and the Magistrate issued a warrant for the arrest of P.K. Roy whose address is at 91 Theatre Road, Calcutta. This warrant was sent for execution to the Chief Presidency Magistrate of Calcutta through the Government of West Bengal. The learned Chief Presidency Magistrate purported to execute the warrant under Section 93A(3), Criminal P.C., which provides that when an internal Court has received for service or execu-, tion a summons to, or a warrant for the arrest of, an accused person issued by an external Court, it shall cause the same to be served or exe...
Sm. Durgesh Nandini Devi Vs. Aolad Shaikh
Court: Kolkata
Decided on: Dec-07-1954
Reported in: AIR1955Cal502
K.C. Das Gupta, J. 1. The subject-matter of this litigation is a small plot of land forming part of the bank of a tank known as 'Dalan Pukur'. Originally, it formed part of a patni, the owner of the patni being one Annada Prosad Saha Choudhury. The patni was sold on 16-5-1936 under Regulation VIII and purchased by Bithaldas Kuthari. The plaintiff's case is that Bithaldas settled the property with Ahibhusan Ghosh on 20-3-1940 and thereafter the plaintiff purchased this particular land on 15-2-1944 by a registered kobala. It is alleged that he was dispossessed by the defendant on 9-2-1945. 2. The defence is one' of a right of tenancy which it is said has not been determined. The defendant contends that one Hatu Shaikh took permanent settlement of some lands including the land in dispute in April 1934, and that Hatu Shaikh who exercised possession thereafter and regularly paid rent sold half of the land covered by the jama to the present defendant on 26-3-1942. It is said that some time a...
Natabar Jana Vs. State and anr.
Court: Kolkata
Decided on: Dec-06-1954
Reported in: AIR1955Cal138,1955CriLJ441,59CWN729
Sen, J.1. This revisional application is directed against an order of Sri J. Sarma Sarkar, Presidency Magistrate, Calcutta, rejecting an application for copies of certain statements in the Police Diary and directing that the accused may call for the same for inspecting them and using them for cross-examination of prosecution witnesses, with the consequences as stated in Section 163, Evidence Act. The accused petitioner along with other accused were placed on trial before the learned Magistrate in respect of charges under Sections 147/379, I. P. C. After examination-in-chief of prosecution witnesses the accused petitioners made an application for copies of statements of the witnesses as recorded by the investigation officer. The order complained of was then made by the learned Magistrate.2. Mr. Dutt appearing for the petitioner has urged that the record of the statement of a witness made by the police officer is a public document within the meaning of Section 74, Evidence Act, and that ...
Mahaluxmi Bank Ltd. Vs. Chotanagpur Industrial and Commercial Associat ...
Court: Kolkata
Decided on: Dec-06-1954
Reported in: AIR1955Cal413
Bachawat, J.1. This is a suit for recovery of the monies due to the plaintiff bank in respect of an overdraft account which the defendant had with the Ranchi branch of the plaintiff bank. The defendant executed in favour of the plaintiff bank a promissory note dated 14-8-1948 and a letter of lien by way of security. In or about the month of October. 1949, the Ranchi branch of the plaintiff bank was closed and the books and papers of that branch of the plaintiff bank were transferred to its Head Office at No. 135, Canning Street, Calcutta.2. By letter dated 20-2-1951, sent from Calcutta, Mr. H.N. Sen, attorney for the plaintiff bank demanded from the defendant repayment of the said loan either to the plaintiff bank or to him as its attorney.3. By its reply dated 26-2-1951, the defendant repudiated the claim entirely.4. The suit was instituted on 9-5-1951.5. By consent, the issue as to jurisdiction was tried as a preliminary issue.6. Before the overdraft account was opened, the defendant...
Amarendra Lal Khan Vs. Manindranath Roy and ors.
Court: Kolkata
Decided on: Dec-03-1954
Reported in: AIR1955Cal269,59CWN695
S.R. Das Gupta, J.1. This is an appeal by the decree-holder against an order passed by the Subordinate Judge, Midnapore, on an application under Section 47, Civil P. C., dismissing an application for execution for the balance of a rent decree.2. The matter arises in this way: On 17-4-1935, the appellant obtained a decree in a rent suit for the sum of Rs. 5,727-15-0. Thereafter the debtors went to the Debt Settlement Board, but ultimately their application was dismissed for non-prosecution by the Debt Settlement Board. Then on 1-11-1941, a petition for execution of the decree was filed by the appellant. In the 'application which was made the assistance of the Court was sought by attachment and sale of the movables ' belonging to the judgment-debtors. Three objections were filed by the judgment-debtors under Section 47, Civil P. C. in the said execution case and as a result thereof three miscellaneous cases were started. The main ground of objection taken by the judgment-debtors was base...
indu Bhusan Chatterjee Vs. the State
Court: Kolkata
Decided on: Dec-01-1954
Reported in: AIR1955Cal129,1955CriLJ1169
Sen, J. 1. This is an appeal from an order of Sri J.C. Lodh, Judge, First Special Court at Alipore, convicting the appellant Indu Bhusan Chatterjee under Section 161, Penal Code, and sentencing him to suffer rigorous imprisonment for three months and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for one month more. The Judge also convicted the appellant under Section 5(2) read with Section 5(1)(d) of Act 2 of 1947 but passed no separate sentence thereunder. 2. The prosecution case was briefly as follows: One V. G. Doraiswami, a retired railway employee, set up a firm at Vizianagram known as Commercial Claims Bureau for dealing with claim cases of the public against the then B.N. Railway now amalgamated with the Eastern Railway. He had several cases pending from 1949 and as there was delay in final settlement, he came down to Calcutta Head-quarters of the B.N. Railway in. October 1951 and met H. Chatterjee, Assistant Commercial Superintendent of the B.N. Railway ...
- ‹ Prev
- 1
- Next ›