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Kolkata Court April 1954 Judgments

Apr 05 1954

Jamini Kanta Das Vs. Union of India (Uoi)

Court: Kolkata

Decided on: Apr-05-1954

Reported in: AIR1955Cal45,58CWN936

B.P. Mookerjee, J.1. The plaintiff appellant brought the suit out of which the present appeal arises for the recovery of arrears of pay and for damages for illegally withholding payment and for illegal discharge from military service. The suit was dismissed by the trial Court.2. The case as made in the plaint may be shortly stated. It is alleged that during the continuance of the last World War, the plaintiff was enrolled on 13-3-1942, by the Divisional Superintendent of the Asansol Division of the East Indian Railway to serve as a clerk in the Indian Engineers Section of that Railway. It is further alleged that the terms and conditions Of service agreed upon were that the plaintiff would receive pay on a civil rate, viz., Rs. 150/- per month with certain additional allowances and perquisites. The plaintiff was under the said agreement to serve during the operation of the last War and twelve months thereafter, if so required. He continued in service till the end of the War and was disc...

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Apr 02 1954

Bholaram Dalmia and ors. Vs. the State

Court: Kolkata

Decided on: Apr-02-1954

Reported in: AIR1955Cal234,1955CriLJ752,58CWN597

K.C. Das Gupta, J.1. This Rule is directed against an order directing issue of warrant of arrest against the five petitioners under Sections 120B/302, Penal Code. On 11-2-1952 one Biswanath Dhanuka met his death when in the house No. 196-C, Chittaranjan Avenue. In a flat in that house the 4 Dalmia petitionerslived. With them also lived a young girl named Sarada. Bholaram. Dalmia & Rabishankar Dalmia are her brothers, Ramprosad Dalmia is her uncle and Shyamsundar Dalmia her cousin. Biswanath Dhanuka who was a frequent visitor to another flat in that building fell in love with Sarada; love letters were exchanged, but when her marriage with another young man was arranged Biswanath Dhanuka took exception to it. The marriage was fixed for the 18th of February. On the llth of February Biswanath came to this house. At 6 P. M. or shortly thereafter he was discovered lying dead with his throat cut with a blood-stained knife by the body. The body was found on the first floor landing of the stair...

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Apr 02 1954

imperial Bucket Co., a Firm Vs. Sm. Bhagwati Basak

Court: Kolkata

Decided on: Apr-02-1954

Reported in: AIR1954Cal520

G.N. Das, J.1. This is an application in revision on behalf of a tenant and is directed against an order passed by Mr. R. C. Dutt Gupta, learned District Judge, Howrah, dated 16-8-1952.2. The facts shortly stated are that on 25-3-1949, the petitioner filed an application for fixation of standard rent in respect of the disputed premises under the provisions of the West Bengal Rent Control (Temporary Provisions) Act, 1948, hereinafter called the 1948 Act. On 9-4-1951, the Rent Controller passed an order fixing the standard rent. It appears from the certified copy of the order of the Rent Controller which was filed in the court below that an application for a certified copy of the order was made on 10-4-1951. The copy was ready for delivery to the petitioner on 20-4-1951. The appeal against the order of the Rent Controller was filed on 15-5-1951. It was duly registered and it came on for hearing before Mr. R. K. Dutt Gupta, learned District Judge, Howrah.At that stage an objection was rai...

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Apr 01 1954

Mahaliram Santhalia Vs. Fort Gloster Jute Manufacturing Co. Ltd. and o ...

Court: Kolkata

Decided on: Apr-01-1954

Reported in: AIR1955Cal132,[1954]24CompCas311(Cal),58CWN715

ORDERP.B. Mukharji, J.1. This is an application by the plaintiff for an injunction to restrain the first defendant, Fort Gloster Jute ., from acting upon and communicating to the Central Government the resolutions purported to have been passed in the meeting of the defendant Company, Port Gloster Jute ., held on 16-3-1954.2. The tussle is over- the Managing Agency of this Company. The main issue in this controversy relates to the transfer by sale of the total interest of ordinary share-holders in Kettlewell Sullen & Co. Ltd., the present Managing Agents, to Messrs. Mugneeram Bangur & Co. Kettlewell Sullen & Co. Ltd., has been the Managing Agent of the defendant Company for a long time. Some share-holders are in favour of such sale of the shares of Kettlewell Bullen & Co. Ltd., and others against it. There are allegations that they are being sold at a fabulous price which allegations are denied. Rivalry between Lala Lakshmipat Singhania and Messrs. Mugneeram Bangur & Co. is alleged to b...

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Apr 01 1954

Haralal Das and anr. Vs. Pasupati Charan Biswas and ors.

Court: Kolkata

Decided on: Apr-01-1954

Reported in: AIR1955Cal226,58CWN696

Lahiri, J.1. This appeal is directed against a decree for ejectment from the first and second floors of premises No. 91/1A, Baithak Khana Road, against defendants Nos. 2 and 3 who are in occupation of the aforesaid portions as sub-tenants under defendant No. 1. It appears that by an indenture (Ex. 4.) the plaintiff let out the whole of premises No. 91/1A, Baithak Khana Road to defendant No. 1 (Manoranjan Majumdar) on 1-1-1948 for a term of three years expiring with the end of December 1950. In the lease there was a provision for renewal at the option of the lessee subject to the condition that the lessor did not require the premises for his own use and occupation.On 30-11-1950, the lessor served a notice upon the lessee, defendant No. 1, requiring him to vacate, on the expiry of the lease, that is, by the end of December 1950, as the lessor required the premises for his own use and occupation. On 15-12-1950, the defendant No. 1 sent a reply to the lessor stating that he had sub-let the...

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