Kolkata Court March 1954 Judgments
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Surya Kumar Chatterjee and anr. Vs. S.N. Banerjee and ors.
Court: Kolkata
Decided on: Mar-11-1954
Reported in: AIR1955Cal365,58CWN656
Sinha, J. 1.The petitioners before me are two clerks employed in the Mission Row Post Office (subordinate service). It appears that on 5th of September 1950, a memorandum was issued by theSuperintendent of Post Office, South Calcutta Division, to the following effect: 'The under-mentioned officials having been arrested by the police under Sections 261, 262 and 420, I.P.C. Section 5(2) of Act II of 1947 and conspiracy under section 120B, I.P.C. are placed under suspension with effect from the afternoon of 2-9-1950. (1) Sri Hemanta Kumar Bhattacharjee, S. P. M., Mission Row. (2) Sri Surya Kumar Chatterjee, Clerk Mission Row, T. S. O. (3) Mahadeo Singh, clerk, Mission Row, T. S. O. For the first year of their suspension Sri Hemanta Kumar Bhattacharjee and Sri Surya Kumar Chatterjee will receive- as their subsistence grant half the average pay drawn by them during the 12 months preceding the date of suspension. They will get no allowance. During the subsequent period of suspension they ...
Kartick Chandra Mukherjee Vs. B.N. Banerji
Court: Kolkata
Decided on: Mar-11-1954
Reported in: AIR1954Cal547,58CWN552
ORDER1. The question raised in this case is whether by receiving payment of certain amount of money as compensation for some lands acquired under the Land Acquisition Act, though under the terms as agreed upon between the petitioner who had executed a deed of mortgage in respect of these lands to the complainant, the whole of the compensation money was to be applied in the first place 'in and towards reduction and satisfaction of the loans', the petitioner can be said to have dishonestly misappropriated this sum. On a complaint on behalf of the Metropolitan Bank that the petitioner had committed an offence under Section 403, Penal Code, by receiving such money and omission to pay it to the Bank, The Magistrate issued a summons against the petitioner under Section 403, Penal Code. The accused appeared in Court and thereafter obtained this Rule which was issued on the Chief Presidency Magistrate, Calcutta and opposite party to show cause why the proceedings should not be quashed.2. Quite...
Nagendra Kumar Roy, Assistant Executive Engineer Vs. Commrs. for the P ...
Court: Kolkata
Decided on: Mar-08-1954
Reported in: AIR1955Cal56
Sinha, J.1. The facts in this case are shortly as follows:The Commissioners for the Port of Calcutta is a body corporate, created by the Calcutta Port Act (B. A. No. 3 of 1890). The petitioner was appointed in 1937, as an Assistant Executive Engineer. To be accurate, he commenced in an officiating post and was confirmed therein sometimes in August 1951, Certain allegations of corruption having been made against the petitioner, Mr. Malkani, the Deputy Chief Engineer, held a preliminary enquiry. On 24-11-1951, the Chairman directed that the charges should be formally enquired into by a Committee composed of Mr. Madan the Chief Engineer, Mr. Iyer the Deputy Chief Accountant and Mr. Bose the Executive Engineer. This Committee held a preliminary enquiry and made a report to the Chairman. On 29-12-1951, the petitioner received a letter from the Chief Engineer (annexure 2 of the petition) which commenced as follows: 'Dear Sir, In accordance with letter No. 2883/334 Genl. dated 24-11-1951 fr...
Paresh Chandra Ganguly Vs. Jawahir Press, Calcutta
Court: Kolkata
Decided on: Mar-08-1954
Reported in: AIR1955Cal306
Chakravartti, C.J.1. This is an appeal on behalf of one Paresh Chandra Ganguli wno claimed compensation originally from Jawahir Press and subsequently, by an amendment of the application, irom Nandilal Jain, proprietor of the said Press. There was another amendment in that the claim made by the petition was for a half monthly payment of Rs. 30/- which was subsequently altered, to a claim for a lump sum payment. These amendments were allowed by the learned Judge in the absence of the opposite party, but no point is sought to be made out of his omission to issue the necessary notice.2. The appellant's case was that he was employed as a machine-man under the opposite party and that when so employed, he contracted the occupational disease of lead poisoning, The allegation was denied by the opposite party whose case appears to have been that the machine which the appellant had to handle was not made of lead and therefore there could be no occasion for his contracting lead poisoning because ...
Sahari Rajwarni Vs. Chief Executive Officer, Corpn. of Calcutta
Court: Kolkata
Decided on: Mar-08-1954
Reported in: AIR1955Cal307,(1954)ILLJ633Cal
Chakravartti C.J.1. This is an appeal on behalf of one Sahari Rajwami whose application for compensation on account of the death of her -husband, Chamari Rajwar, has been dismissed by the Commissioner.2. According to the petition of the appellant, her husband sustained an injury 'in course of his employment outdoor as a labourer in the Motor Vehicle Department.' We are informed that the duties of the deceased person included loading of garbage in Corporation lorries with a forked instrument and unloading them into a railway wagon at the Chingrihata platform. It is alleged and not disputed that on 10-5-1951, he received an injury in the region of his ankle from the pronged instrument with which he was unloading the garbage at the railway platform and that wound having subsequently turned septic, it led to an attack of tetanus to which the man succumbed on 18-5-1951. On those facts, there could be no doubt that the injury arose out of the employment of the man and that it was also suffer...
Radha Govinda Sar and ors. Vs. Sm. Sushila Dassi and ors.
Court: Kolkata
Decided on: Mar-08-1954
Reported in: AIR1954Cal497
1. The appellant was the plaintiff In a suit for declaration of title & recovery of khas possession. The suit was the sequel to a proceeding under Order 21, Rule 100, Civil P. C. and it arose under the following circumstances:2. The plaintiff along with his brother Dharani Sar, since deceased, and their cousin Gopal Chandra Sar held an occupancy raiyati jama of Rs. 12-5-12 gds. in Mouza Mandar, District Midna-pore. That jama which contained an area of 8.22 acres was recorded in Interests Nos. 80, 60 and 61. Subsequently, however, the jama was partitioned amongst the three co-sharers and on the strength of that partition the plaintiff got his allotted portion of 1.40 acres registered (kharijed) in the landlord's sherista at a separate jama of Rs. 2-10-10 ps. On 5-4-1920, the plaintiff sold a portion (1.06 acres) of this separated jama to defendant No. 7, Bibhuti Sar and the predecessor of defendants Nos. 1 to 4, Satish Chandra Sar by name.On 26-5-1939, defendants Nos. 1 to 4, and defend...
Mohammed Ibrahim Vs. Assansol Iron and Steel Workers' Union and Ors.
Court: Kolkata
Decided on: Mar-05-1954
Reported in: AIR1955Cal189,58CWN457
ORDERSinha, J. 1. The facts in this case are as follows. The petitioner is a workman employed as a crane driver at the Kulti Works of the Indian Iron and Steel Company Ltd. That company and the Indian Standard Wagon Company Ltd., Burnpur, are allied concerns. The Assansol Iron and Steel Worker's Union is a Trade Union of the workers of the two companies and is registered under the Trade Unions Act of 1926 (hereinafter referred to as the 'Trade Union'). 2. A 'Trade Union' (as defined by the Indian Trade Unions Act' 16 of 1926 hereinafter called the 'Act') means any combination whether temporary or permanent, formed primarily for the purpose of regulating the relation between workmen and employers or between workmen and workmen or between employers and employers or for imposting restrictive conditions on the conduct of any trade or business and includes any federation of two or more Trade Unions. (Section 2(h)). Any seven or more members of a Trade Union may, by subscribing their names t...
Munsif of Garbetta Vs. Govinda Kumar Singha
Court: Kolkata
Decided on: Mar-04-1954
Reported in: AIR1954Cal403
Das Gupta, J.1. I do not think it is necessary to say much about this matter. The Rule was issued on Govinda Kumar Singha to show cause why he should not be proceeded against for contempt of the court of the Munsif of Garbetta.The Rule was issued on the basis of an allegation by the Munsif of Garbetta contained in a letter addressed to the Registrar.Two allegations were made therein. One was that according to the reports which had reached the Munsif, Govinda Kumar Singha in course of a speech in a public meeting that was held to devise ways and means for maintaining a local examination Centre for the Matriculation and the Intermediate Examinations 'severely criticised' an order passed by the Munsif in a pending Title Suit granting Rs. 75/- as costs to the defendants of that suit. The second allegation was that Govinda Kumar Singha also severely criticised in the meeting the control exercised by him over examination and cross-examination of witnesses by defence lawyers in a Small Cause ...
Huzrat Syed Shah Mustarshid Ali Al Quadari Vs. Commr. of Wakfs and ors ...
Court: Kolkata
Decided on: Mar-04-1954
Reported in: AIR1954Cal436
Sinha, J.1. The facts in this case are as follows :2. There is a Muslim Shrine located at Mirza Bazar in the town of Midnapur, stated to be the 'Majar Sharaf or tomb of a Peer or a Muslim Divine of the name of Syed Shah All Abdul Quader alias Syed Shah Morshed All. He and his family are for generations the spiritual preceptors of a Muslim religious order and have numerous disciples in India and Pakistan. Haz-rat Moulana Syed Shah irshad All Al Quadari, since deceased (hereinafter referred to as the 'Hazrat Sahib') was a direct descendant of the Peer of Midnapore and was the Sajjadanashin of the said order.3. Two members of this order, Asraf Ali Khan Chaudhuri and Syed Abdus Salik, by two Deeds of Wakfs dated 9-5-1931 and 24-8-1933, respectively, created a wakf of premises No. 23 Khanka Shariff Lane, formerly known as 23 Gardner Lane, for the purpose of upkeep and maintenance of the holy shrine at Midnapur. Hazrat Sahib was to be the first mutwalli of the wakf and on his demise his male...
D. N. Bhattacharya Vs. Commissioner of Income Tax, West Bengal.
Court: Kolkata
Decided on: Mar-04-1954
Reported in: [1956]30ITR635(Cal)
LAHIRI, J. - This rule has been obtained by the petitioner under article 227 of the Constitution of India, for quashing a certificate proceeding pending against him before the Certificate Officer, 24-Parganas, for the realization of unpaid income-tax on the ground that the proceeding is void ab initio.The facts which are not disputed may be briefly stated as follows : The petitioner was assessed on an income of Rs. 27,162 for the year 1946-1947. Subsequently, this assessment was re-opened under section 34 of the Indian Income-tax Act, and he was assessed on an income of Rs. 7,46,476, and his tax liability was determined at Rs. 6,53,638, and odd. The petitioner filed an appeal against this assessment which is said to be still pending. On the 25th May, 1951 the Income-tax Officer acting under section 46(2) of the Indian Income-tax Act forwarded a certificate to the Collector of 24-Parganas specifying the amount due from the petitioner and, on the basis of the certificate thus forwarded a...
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