Kolkata Court March 1954 Judgments
Rameswar Agarwalla Vs. the State and anr.
Court: Kolkata
Decided on: Mar-30-1954
Reported in: AIR1955Cal464,[1955]25CompCas341(Cal),1955CriLJ1177
K.C. Das Gupta, J.1. This Rule was issued on the Chief Presidency Magistrate, Calcutta, and the opposite party to show cause why the proceedings now pending against the petitioner under Sections 22(1)(a) and 22(1)(g), Bengal Finance Sales Tax Act of 1941 should not be quashed.2. As regards the proceedings under Section 22(1)(a) of the Act it is contended on behalf of the petitioner that whatever business was carried on -- whether in contravention of provisions of Section 7(1) of the Act, or not -- was carried on by the Calcutta Woollen Agency Ltd. and not by him personally. Section 7(1) provides that no dealer shall, while being liable to pay tax (under Section 4 of this Act) carry on business as a dealer unless he has been registered and possesses a registration certificate.Under Section 22(1) whoever carries on business as a dealer in contravention of Sub-section (1) of Section 7 shall be punishable with simple imprisonment which may extend to six months or with fine or with both. Th...
Tag this Judgment!Narsing Das Lakhotia and ors. Vs. the State
Court: Kolkata
Decided on: Mar-25-1954
Reported in: AIR1954Cal451,58CWN769
Das Gupta, J. 1. The four persons who are the petitioners in Revision No. 783 of 1953 and Kunjalal Goenka who is a petitioner in Revision No. 784 of 1953 and one Muhammad Yusuf were prosecuted for offences under Section 120B read with Sections 420, 467/471 and 403/34, I. P. C. The enquiry under Chapter 18, Criminal P. C., commenced in the court of Mr. P. Ghose, Presidency Magistrate, Calcutta. After some witnesses had been examined, pardon under Section 337, Criminal P. C. was tendered to Mahammad Yusuf and he was examined as a witness in the case. After the prosecution had examined its remaining witnesses and the defence had examined four witnesses the learned Magistrate passed the following order :'On perusal of the evidence both oral and documentary and hearing the arguments of the learned Public Prosecutor and the learned Counsel and Advocates representing the different accused it appears to me that no offence exclusively triable by the High Court sessions has been made out during ...
Tag this Judgment!Kalidas Ghosh Vs. Mugneeram Bangur and Co.
Court: Kolkata
Decided on: Mar-24-1954
Reported in: AIR1955Cal298
Renupada Mukherjee, J. 1. This is an appeal by the plaintiff and is directed against a judgment and decree passed by the Additional Subordinate Judge, Fourth Court, 24-Parganas in Title Suit No. 12/1948/171/1946 of his Court.2. The suit was instituted by the plaintiff for a declaration that a, certain contract between himself, and the respondent was subsisting at the date of the suit, and he was entitled to get a decree for specific performance of it by having a conveyance from the respondent. It will be seen later that although the suit was brought as a declaratory suit the substantial relief which could be given to the plaintiff in this case is a decree for specific performance of the alleged contract.3. The suit was contested by the respondent and it was dismissed by the trial Court on the ground that in this case time was of the essence of the contract, and the, defendant was justified in avoiding the contract because of the failure of the plaintiff to perform his part of the contr...
Tag this Judgment!Kanai Lal Chatterjee Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-23-1954
Reported in: AIR1955Cal166,58CWN492
ORDERSinha, J.1. The petitioner was working as a clerk attached to the Money Order Department, General Post Office, Calcutta. On or about 26-2-1949, a complaint was received from one Mr. Menon of 8, Dalhousie Square, Calcutta, alleging that he had remitted a sum of Rs. 300/- by money order receipt No. 1084 dated 11-2-1949 from the General Post Office, Calcutta, to the address of C. Raju, C/o Raghaban Tailor, Chittur, Cochin State, but no such money order was remitted. Four more complaints of non-payment on the same day were received aggregating to more than Rs. 1000/-. Upon this complaint an enquiry was made and it was found that a whole page of receipts was missing, a page which presumably contained entries in respect of these sums. The Postal Department of course had to meet the claims of the remitters. Mr. Menon wrote to say that he would be able to point out the counter and identify the official to whom the money was paid and it appears that there was an identification held and Mr....
Tag this Judgment!Rajputana Trading Co. Ltd. Vs. Jute and Gunny Brokers
Court: Kolkata
Decided on: Mar-22-1954
Reported in: AIR1955Cal336
1. This is an application to set aside and declare null and void an award of an Arbitration Tribunal of the Bengal Chamber of Commerce consisting of Messrs. A. W. Mathers and G. M. Gay. The contention is that Mr. Mathers and Mr. Gay were not duly appointed as arbitrators by the Registrar of the Bengal Chamber of Commerce.2. The dispute relates to a contract which contains an arbitration clause. The arbitration clause provides that the reference shall be to the arbitration of the Bengal Chamber of Commerce under the rules of its Tribunal of Arbitration for the time being in force and that according to such rules the arbitration shall be conducted. 3. The buyers duly applied for arbitration in accordance with Rule V(1) of the rules of the Tribunal of Arbitration. Under Rule V on receipt of such application the Registrar of the Chamber is enjoined to select and to constitute a Tribunal for the adjudication of the dispute.4. Rule VI which provides for appointment of arbitrators reads as fo...
Tag this Judgment!S. Jeelani Vs. the State
Court: Kolkata
Decided on: Mar-18-1954
Reported in: AIR1954Cal488,58CWN497
K.C. Das Gupta, J. 1. The appellant who is the publisher of the weekly newspaper 'Spotlight' published in Calcutta and was the publisher thereof, in September and October 1953 has been ordered under Section 7, Press (Objectionable Matter) Act, 1951, to deposit Rs. 5000/-as security in cash or in equivalent thereof in Government securities as he might choose to electThis order was passed on a complaint by the Commissioner of Police that the issues of the newspaper on 5-9-1953, 26-9-1953 and 10-10-1953 contained objectionable matters as set out in the complaint.2. Two matters arise for determination. First, whether the Sessions Judge is right in his decision that the matters mentioned which appeared in the abovementioned issues as set out in tne petition of complaint were objectionable; and secondly if he is right in his decision that there were sufficient grounds for demanding security for Rs. 5000/-from the publisher of the newspaper under Section 7 of the Act.3. The matters complained...
Tag this Judgment!In the Goods of Sew Prasad Saraf
Court: Kolkata
Decided on: Mar-17-1954
Reported in: AIR1954Cal444
G.N. Das, J.1. This is an application by Ram Prasad Saraf for the grant of Letters of Administration to the estate of Sew Prasad (deceased).2. The deceased Sew Prasad Saraf was the karta of a Hindu Joint Family governed by the Mitakshara School of Hindu Law. As karta of the family, he purchased 150 ordinary shares of Union. Jute Co., Ltd. and 100 ordinary shares in Standard Jute Co., Ltd. The shares were registered in his name. Sew Prasad Saraf died intestate on 24-2-1942. At the time of his death, the joint family consisted of himself, his brothers Ram Prasad Saraf, Ganga Prasad Saraf and his mother Mussammat-Jadi Bai and the minor children of himself and his brothers. The deceased had no personal assets or separate property.3. The Articles of Association of the above two-companies provide that the executors or administrators of a deceased member shall be the only persons recognised by the company as having title to the shares registered in the name of such member.4. After the death o...
Tag this Judgment!Khuda Bux Vs. Manager, Caledonian Press
Court: Kolkata
Decided on: Mar-17-1954
Reported in: AIR1954Cal484,58CWN560,(1954)IILLJ13Cal
Chakravartti, C.J. 1. This appeal involves a question of first impression under the Workmen's Compensation Act which is a pure question of law, arising out of facts nowaccepted by both parties. The facts are as follows.2. The appellant, Khuda Bux, was employed for a long time in a printing press kept by the respondent, first under a contractor and then since October, 1948, directly. After putting in over forty years of service, he found himself a total wreck and unable to work any longer. He first absented himself from duty on the 26th January, 1950 and did not rejoin. The capacity in which he worked in the press was that of an impositor and his duties were that after the matters to be printed had been set in type on a linotype machine, he took the types and arranged them so as to make up a frame and then fixed them up in a frame or chest. It has been found that he is suffering from chronic lead poisoning and it has also been found that he contracted the disease by having had to handle...
Tag this Judgment!Rampeary DosadIn Vs. J. Bhattacharyya and Co.
Court: Kolkata
Decided on: Mar-16-1954
Reported in: AIR1955Cal367
Chakravaktti, C.J. 1. This is an appeal on behalf of one Rampeary Dosadin, the widow of one Chancier Ram, who admittedly fell from a lorry in Strand Road on 17-5-1951 and died on 18th May following. The widow of the deceased made an application for compensation on the footing that her deceased husband had been employed under the respondents and that the nature of his occupation was such that he was workman within the meaning of the Act. His wages were alleged to have been Rs. 60/- per month and on the basis of that rate of wages, compensation of the amount of Rs. 1800/- was asked for. 2. It was not denied by the respondents that on the day of the occurrence Chander Ram was riding a lorry belonging to them and that he had suffered a fall from that lorry which had ultimately caused his death. What was pleaded, however, was that Chander Ram was not in their employment at all, but was an employee of the Railway and Telegraph Stores and he was simply being given a lift on the day in questio...
Tag this Judgment!B.P. Nandy Vs. General Manager, East India Rly. and anr.
Court: Kolkata
Decided on: Mar-16-1954
Reported in: AIR1954Cal453,58CWN488
Chakravartti, C.J.1. A preliminary point of some interest has been taken in this appeal which, in my view, should succeed.2. The appellant is one B. P. Nandy, who was admittedly a contractor under respondent No. 1, the General Manager, East Indian Railway. There was a workman, named Apal Ram, who is respondent No. 2 before us, employed under the appellant and engaged in work which the appellant was doing for the respondent Railway under a contract with that body. The respondent No. 2 suffered a personal injury by accident and claimed compensation from respondent No. 1, the Railway. Thereafter, at the prayer of the Railway, the appellant was brought on the record so that in the event of the workman's claim being allowed an order for indemnity could be passed in his presence under Sub-section (2) of Section 12, if such an order could be passed on the facts of the case.3. The workman's claim succeeded and the operative portion of the Commissioner's order is in the following terms :'His cl...
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