Kolkata Court February 1954 Judgments
In the Goods of Nanda Lal Sett
Court: Kolkata
Decided on: Feb-26-1954
Reported in: AIR1955Cal88,58CWN568
ORDERP.B. Mukharji, J.1. This is an application for the discharge of a caveat to the will of Nandalal Sett, deceased, under Ch. 35, Rule 27 of the Original Side Rules of this Court. The application is made by Sm. Basana Dutt, the sole executrix and trustee of the last will of Nandalal Sett deceased, dated 26-12-1052. The applicant applied to this Court on 15-12-1953 for the grant to her of the probate of the will of Nandalal Sett. The caveator is Gobinda Lal Sett, a brother's son of the deceased testator who filed his affidavit in support of his caveat on 2-1-1954.2. The reason why the caveat is sought to be discharged is that the affidavit in support of the caveat does not disclose legal grounds of objections to the grant of probate.3. Under Rule 25 of Ch. 35 of the Original Side Rules the caveat requires to be supported within eight days of the lodging of the caveat, by an affidavit which shall state first the right and interest of the caveator and secondly, the grounds of the object...
Tag this Judgment!Provat Chandra Sircar Vs. R.C. Sen, Administrator of the Budge Budge M ...
Court: Kolkata
Decided on: Feb-26-1954
Reported in: AIR1955Cal83,58CWN443
ORDER1. The facts in this case are as follows:2. The Budge Budge Municipality consists of five wards. It began to function with 10 Commissioners on and from 4-2-1948 for a term of 4 years. As the term of 4 years for which the Commissioners were to function was about to expire, it was directed that a fresh election of the Commissioners of the Municipality (12 seats) would be held on 8-3-1952. I am informed that about 37 nominations were filed of which only 8 were found valid. The result was that these 8 candidates were returned unopposed under Rule 22(2) of the Election Rules. On 1-4-1952, it was notified under Section 26, Bengal Municipal Act (hereinafter called the Act) that the election of the remaining 4 members would be held on 31-5-1952.In the first week of April, 1952, eight out of the ten members of the old Municipality which was then functioning resigned, and these eight members ceased to attend any further meetings or to take any interest in the affairs of the Municipality. On...
Tag this Judgment!Arun Kumar Mukherjee Vs. Ashutosh Guha
Court: Kolkata
Decided on: Feb-26-1954
Reported in: AIR1955Cal368,1955CriLJ943,58CWN558
K.C. Das Gupta, J.1. On 6-11-1953 Sri Arun Kumar Mukherjee, Sub-Divisional Magistrate, Raiganj addressed a letter to the Registrar of this Court in which he alleged that Ashutosh Guha, a pleader of Raiganj who had appeared on behalf of one Uma Charan Chakrabarty against whom an order under Section 144, Criminal P. C., had been passed by the Sub-Divisional Magistrate had while arguing a case in the court of the local Munsif put forward a copy of the Magistrate's order under Section 144, Criminal P. C., and called it an act of 'executive goondaism' of the Sub-Divisional Magistrate.After a report was obtained from the learned Munsif, Guha and Guha Ray JJ. issued a Rule on the lawyer to show cause why he should not be dealt with for contempt of the Sub-Divisional Magistrate's Court. The lawyer has appeared before us and has sworn an affidavit in which he states that after the pleader for the defendant had placed the order of the Sub-Divisional Magistrate under Section 144, Criminal P. C., ...
Tag this Judgment!Panchanan Ghose Vs. Haridas Banerjee
Court: Kolkata
Decided on: Feb-24-1954
Reported in: AIR1954Cal460,58CWN438
Mitter, J.1. This second appeal was referred to a Division Bench by a learned single Judge and is thus before us.2. The principal question which falls to be considered in the appeal is whether acceptance of rent due after the expiry of a notice to quit constitutes a waiver of the said notice by the landlord.3. The appellant was a tenant under the respondent in respect of a portion of premises No. 4, Townshend Road, Calcutta. By a notice to quit, dated 4-3-1948, the respondent landlord purported to terminate the appellant's tenancy on 31st March. This was followed by a suit for ejectment instituted on 3-4-1948. Thereafter, for several months the appellant deposited current rent with the Rent Controller, but between January, 1949, and October, 1950, while the suit was still pending, he remitted to the respondent by postal money orders divers-sums by way of rent for the period commencing January 1949. The suit for possession, which was governed by the provisions of Calcutta Rent Ordinance...
Tag this Judgment!Khalilar Rahaman and anr. Vs. Golam Kibria and ors.
Court: Kolkata
Decided on: Feb-24-1954
Reported in: AIR1954Cal457,58CWN453
G.N. Das, J.1. This is an appeal by the plaintiffs under Clause 15 of the Letters Patent against the judgment of Renupada Mukherjee, J. dated 30-1-1953.2. The suit out of which this appeal has arisen was one for accounts instituted by the plaintiffs claiming to be the co-Mutwallis with defendant No. 1 and pro forma defendant No. 2 and for accounts as against defendant No. 1 who was alleged to be in sole charge of the management of the Wakf properties, but had misappropriated large sums of money.3. To this suit defendant No. 1 filed a written, statement alleging that he was the sole Mutwalli of the Wakf Estate, that the plaintiffs had no locus standi to bring the suit and that the suit was barred under Section 92, Civil P. C. and under Section 73(2), Bengal Wakf Act, 1934. It was also pleaded that the Commissioner of Wakf was a necessary party to the suit.4. On these pleadings several issues were raised. The learned Munsif who heard tills suit came to the finding that the plaintiffs had...
Tag this Judgment!Upendra Nath Bez Vs. Jitendra Nath Parui and ors.
Court: Kolkata
Decided on: Feb-19-1954
Reported in: AIR1959Cal25
P.N. Mookerjee, J. 1. This appeal is directed against a concurrent decree in a suit primarily and in substance, fur declaration of title and, in the alternative, for redemption. The actual prayers in the plaint were for a declaration that the auction purchase of the suit property by defendant No. 1 in Title Execution Case No. 147 of 1943 of the 3rd Court of the Munsif at Howrah was not binding and operative against the plaintiff and as such the same did not affect his title and possession in the suit property, and in the alternative, for redemption of the said property. The prayers in effect meant, as I have already stated, a prayer for declaration of the plaintiff's title to the suit property and, in the alternative, for its redemption. The suit has been decreed on the primary relief granting the plaintiff an unqualified declaration of his title to the suit property. Hence this appeal by the contesting defendant. 2. A mass of events lies behind this litigation which, shorn of unnecess...
Tag this Judgment!In Re: Calcutta National Bank Ltd., Ex Parte: Daruwala Brothers and or ...
Court: Kolkata
Decided on: Feb-19-1954
Reported in: AIR1955Cal91,58CWN783
ORDERBachawat, J.1. This judgment is intended to deal with several claims on account of bills collected by the Banking Company in liquidation.2. A banker employed to collect and remit money is under a fiduciary obligation to account for and to pay the money to his principal according to directions.3. Ordinarily, the agency does not terminate on collection but continues until payment: --'W. Rule Pink v. Buldeo Dass', 26 Cal 715 (A); --'Babu Ram v. Ram Dayal', 12 All 541 (B).4. If in the absence of any instruction from the principal the banker remits the money by draft, the principal may accept the draft as a conditional payment. If the draft is honoured and the money is paid, the business of the agency is completed; if not, the original obligation of the banker to pay the money is revived and the agency continues.5. The parties may agree that the banker may use the money collected for his own purposes under an obligation to repay an equivalent to the principal instead of remitting the m...
Tag this Judgment!Satish Chandra Mukherjee and ors. Vs. Harimati Dasi
Court: Kolkata
Decided on: Feb-19-1954
Reported in: AIR1954Cal393
K.C. Das Gupta, J.1. The petitioners figured as accused persons in a petition of complaint lodged by Harimati Dasi on. 16-8-1951. After examination of the complainant under Section 200, Criminal P. C. the learned Magistrate ordered issue of summons on two of the? petitioners Rash Behary and Bhakta under Section 447, Penal Code. On 30-8-1952 the complainant was found absent on call while the accused persons were found present, in the court of the Magistrate to whom this case had been transferred. The learned Magistrate thereupon acquitted the accused persons under Section 247, Criminal P. C.On 12-9-1952, a fresh complaint was lodged by Harimati Dasi containing substantially the same allegations. The learned Sub-Divisional Magistrate after examination of the complainant under Section 200, Criminal P. C. issued warrant of arrest against all the three accused persons, Satish Chandra Mukherjee, Rash Behari Mukherjee and-Bhskat under S_ections 379 and 427, Penal Code. The present application...
Tag this Judgment!Jagmohan Goenka Vs. K.D. Banerjee and anr.
Court: Kolkata
Decided on: Feb-17-1954
Reported in: AIR1954Cal564,58CWN415,[1954]26ITR637(Cal)
ORDER1. The facts of this case are as follows: The petitioner Jagmohan Goenka had been carrying on a business in colliery (The Jemchary Selected Colliery) at Raniganj, under the name and style of Jagmohan Kishorilal. He has been assessed to income-tax since the assessment year 1937-38. The assessments for the years 1942-43 and 1946-47 have been duly made. The assessment order (under Section 23/3 of the I. T. Act) for 1942-43 is dated 24-5-1944 and that for 1946-47 is dated 18-9-1946.2. In May/June 1948, notice under Section 22(2) read with Section 34, Income-tax Act was served upon the assessee, for re-opening the assessment for the year 1946-47. The reason given for this was that the assessee had not disclosed the fact that he had received a sum of Rs. 12,246/10/0 as bonus from the Government of India. The re-assessment was made on 29-6-1948.3. On 26-3-1951, notice was issued upon the petitioner under Section 34, I. T. Act as amended in 1948, for re-opening the assessment for 1942-43....
Tag this Judgment!Fakir Chandra Chiki Vs. S. Chakravarti and ors.
Court: Kolkata
Decided on: Feb-17-1954
Reported in: AIR1954Cal566,58CWN336
ORDERSinha, J.1. The facts of this case are as follows: The petitioner joined the East Indian Railway in February 1917 as an apprentice mechanic. In 1922 he was appointed as a mechanic. In 1949 heofficiated as a foreman. On and from 10-10-1949 he reverted to his substantive post of T. T. C. (Technically Trained Chargeman). On 15-5-1951he was confirmed in the post of an assistant foreman. When the East Indian Railway was taken over by the Government of India, the petitioner executed a service agreement by which he agreed as follows:'I acknowledge that I am and will be bound byall general rules and regulations of GovernmentService.'2. In the beginning of April 1951, the petitioner reported sick, and continued to be on the Sick-list until 25-6-1951. It appears that he was suffering from left ventricular failure of the heart with myocardial deficiency. He was recommended leave for two months from 25-6-1951 by the workshop medical officer Lillooah and remained on leave until 25-10-1951. On ...
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