Kolkata Court May 1954 Judgments
Aswini Kumar Roy and anr. Vs. the State
Court: Kolkata
Decided on: May-28-1954
Reported in: AIR1955Cal100,1955CriLJ347
Sen, J. 1. This appeal is directed against an order of Sri Matilal Das, Additional Sessions Judge, 24 Parganas, convicting the appellant Gopal Chandra Das, Under Section 366, I. P. O. and the appellant Aswini Kumar Roy, Under Section 366/109, I. P. C. and sentencing each of them to suffer R. I. for 4 years on the unanimous verdict of guilty returned by the Jury. The prosecution case was as follows :2. On 15-4-1952, a minor girl named Arati Eose alias Baby, daughter of Nirapada Bose was taken away from a busteehouse at 9/1, Gouri Sankar Ghosal Lane within the jurisdiction of Beliaghat Police Station by Gopal Chandra Das. Gopal took her out on the plea that he would take her to Chandmari to witness a musical performance, but he took her to Sealdah Railway Station and then by train to Ranaghat where the other accused Aswini was standing on the platform.Aswini took the girl and boarded a train due for Pakistan. Gopal after taking Rs. 10/- from Aswini returned from Ranaghat. Aswini took the...
Tag this Judgment!Prasanta Kumar Sur Vs. International Contractors Ltd.
Court: Kolkata
Decided on: May-26-1954
Reported in: AIR1955Cal101,59CWN675
R.P. Mookerjee, J. 1. This is a plaintiff's appeal which arises out of a suit brought by him for specific performance of a contract for the sale of the property in suit. The relevant facts are almost all admitted ones. 2. Premises No. 83, Bagmari Road in the eastern suburbs of Calcutta originally belonged to the plaintiff and his co-sharers. The northern portion of the said premises came to be possessed by the plaintiff alone. On or about 4-2-1941 the plaintiff executed in favour of the defendant company, a conveyance in respect of the separated northern portion of the said premises for & consideration of Rs. 10,000/-.3. The plaintiff's case is that he was in urgent need of Rs. 10,000/-. He had proposed to the defendant Company for an advance of Rs. 10,000/- on the security of the said property. The defendant refused to accept the property on mortgage but was agreeable to pay Rs. 10,000/-on the plaintiff executing a conveyance in respect of the said property. The defendant also agreed ...
Tag this Judgment!Satyadhyan Ghosal and ors. Vs. Sm. DeorajIn Debi and anr.
Court: Kolkata
Decided on: May-25-1954
Reported in: AIR1955Cal98,58CWN774
Chakravartti, C.J.1. This is an application under Article 133(1)(c), Constitution of India, for leave to appeal to the Supreme Court from a decision of a Division Bench of this Court, dated 9-9-1953, and given in the revisional jurisdiction. By that decision, this Court set aside an order of a Munsif, dismissing an application under Section 28, Calcutta Thika Tenancy Act, 1949, and remanded the case to the Court below for disposal of the same in accordance with law. By 'case' must be understood the application made by the 'thika' tenant under Section 28 of the Act.2. The questions involved in the proposed appeal are undoubtedly questions of great public importance and had it not been for the technical difficulty that the order sought to be appealed from is not a final order, I would not have the slightest hesitation in granting the leave prayed for. This Court, however, has already held that by reason of the form in which Sub-claise (c) of Article 133(1) has been expressed, it is no lo...
Tag this Judgment!Mrs. M. Preston Vs. J.S. Humphreys
Court: Kolkata
Decided on: May-25-1954
Reported in: AIR1955Cal315
Bose, J. 1. This is a suit for recovery of Rs. 5500/- as damages for breach of a contract to deliver and instal a Soda Water plant and for refund of Rs. 3000/- paid as advance in respect of the price of the said plant and for other incidental reliefs. 2. The plaintiff's case is that on or about 11-12-1951, the plaintiff agreed to purchase from the defendant one aerated soda water plant on terms and conditions as set out below: (1) The defendant would supply (a) One reconditioned Niagara Carbonator by Barnett & Foster Ltd., London adapted for hand or power drive having a capacity of 70 dozen bottles per hour complete with pressure reducing value and two 40 lbs. capacity cylinders filled with gas and two electro motors. (b) One Sankey two head back pressure filling machine with one operator. (c) One hand power crowning machine on stand, (d) One double headed Syruping machine with stainless steel syrup vessel. (e) One bottle washing plant consisting of galvanised iron soaking tank el...
Tag this Judgment!Probodh Chandra Roy Vs. Hara Hari Roy and anr.
Court: Kolkata
Decided on: May-24-1954
Reported in: AIR1954Cal618,58CWN726
Chakravartti, C.J.1. This is an application under Article 133(1) of the Constitution of India for leave to appeal to the Supreme Court. The applicant was defendant No. 1 in a partition suit.2. It is stated that the value of the properties, which were sought to be partitioned, was Rs. 59607/-. There is no dispute that the applicant's share is one-half. That being so, the value of the subject-matter in dispute in the court of first instance and in the proposed appeal is well over Rs. 20,000/-, even according to the principle that the valuation of appeals arising out of suits for partition is the valuation of the appellant's share.3. The next question is whether the judgment sought to be appealed from is one of affirmance. It was on that point that the entire argument before us was concentrated.4. As I have stated already, the petitioner before us was one of the defendants in the suit and the defence put forward by him was that the properties mentioned in the plaint were not liable to be ...
Tag this Judgment!Laxmi Shaw Vs. State
Court: Kolkata
Decided on: May-21-1954
Reported in: AIR1955Cal104,1955CriLJ350
Das Gupta, J. 1. The appellant was convicted Under Section 5 of Act LXXIV of 1950. (The Telegraph Wires (Unlawful Possession) Act, 1950). 2. The prosecution case was that he was on 9-9-1953 in possession of a quantity of telegraph wires which were the property of the Post and Telegraph Department of the Central Government. The accused pleaded not guilty. 'Telegraph Wire' has been defined in the Act as'copper wire of any one of the following gauges commonly used in telegraph lines, namely, one hundred and fifty pounds per mile, two hundred pounds per mile or three hundred pounds per mile.'3. We have no hesitation in agreeing with the learned Magistrate that the evidence given by witness No. 4 and the Court witness as regards the weight of the wire found should be accepted and on the evidence it should be held to have been proved that the wires were 'telegraph wires' within the meaning of Section 2(b) of the Telegraph Wires (Unlawful Possession) Act, 1950. 4. The next question is whether...
Tag this Judgment!Sm. Anima Munshi Vs. Engineer-in-chief and General Manager, Calcutta T ...
Court: Kolkata
Decided on: May-21-1954
Reported in: AIR1954Cal561,(1955)IILLJ762Cal
ORDERSinha, J.1. The petitioner, Sm. Anima Munshi was a telephone operator in the telephone system which operates in the city of Calcutta. Prior to the Government taking over the running of telephones in the city, it was being run by the Bengal Telephone Corporation Limited, a public limited company.In 1941, a company named Government Telephones Board Limited was formed by the Government of India to acquire the share capital of telephone companies operating all over India, including the Bengal Telephone Corporation Limited (hereinafter referred to as the Corporation) which operated in Calcutta. At first, the Government acquired a majority of the shares but allowed the company to function as before. Sometime in March 1943, the Government of India passed orders, regarding the future organisation of the system of telephones all over India. We are concerned only with what happened in Calcutta.Upon the expiry of the license of the Corporation on 1-4-1943, it was to be taken over by Governme...
Tag this Judgment!Kanailal Mitra Vs. Pannasashi Mitra
Court: Kolkata
Decided on: May-21-1954
Reported in: AIR1954Cal588,58CWN743
Lahiri, J.1. One Gagan Chandra Mitra, a lunatic, instituted a suit on 5-10-1945 against his wife Pannasashi Mitra for a declaration of his title to the properties described in the plaint, for confirmation of possession and also for a permanent injunction restraining his wife from selling the properties.The plaintiff's case was that though the properties had been purchased in the name of his wifethey really belonged to him and were purchased with his own money and that his wife was really his benamidar. In the plaint the plaintiff also alleged that though the defendant was his lawfully married wife she became unchaste and permanently left the plaintiff's protection in the year 1942.The defendant in her written statement denied the material allegations in the plaint and alleged that she had left her husband's protection on account of ill-treatment and cruelty.On 28-6-1951, the plaintiff died and on 27-7-1951 the petitioner before us named Kanailal Mitra applied for getting himself substi...
Tag this Judgment!Managing Agents, Ukhra Farming Corpn. Ltd. Vs. Satu Bala Bagdini
Court: Kolkata
Decided on: May-20-1954
Reported in: AIR1955Cal105,58CWN751
Chakravartti, C.J. 1. This appeal must be allowed on a point which does not appear to have been fully appreciated or properly canvassed before the learned Commissioner.2. The appeal arises out of an application by one Satu Bala Bagdini, who claimed compensation to the amount of Rs. 1000/- from the appellant company on the ground that her son, Khandu Bagdi, who had been a workman employed under the appellant, had been bitten by a venomous snake while so employed and had died as a result of the bite. The employment of the deceased was said to be the cutting of 'sabai' grass for the purposes of a business carried on by the appellant company. The defence, which unfortunately appears to have been disfigured by many false pleas was, so far as the really material points are concerned, that the deceased had not been employed under the appellant at all, but was employed under a contractor, secondly, that his employment was of a casual nature, and, thirdly, that he could not be said to have been...
Tag this Judgment!Continental Drug Co. Ltd., Bombay Vs. Chemoids and Industries Ltd., Ca ...
Court: Kolkata
Decided on: May-20-1954
Reported in: AIR1955Cal161,58CWN916
Lahiri, J.1. This Rule has been obtained by the defendants against an order made by the Subordinate Judge, 7th Court, 24-Parganas, in Title Suit No. 83 of 1953, by which the learned Subordinate Judge has decided the question as to whether he was competent to try the suit. The plaintiffs-opposite parties instituted the suit for a declaration that under an agreement dated 23-12-1950, the plaintiffs were the sole distributors of the defendants and also for a decree for accounts against the defendants and for recovery of certain sums of money as commission and damages. The agreement which was relied upon by the plaintiffs as the foundation of their claim contains a clause which runs as follows:'Any dispute arising between the parties, settlement of same legally or otherwise, will be decided in Bombay.'The defendants raised a preliminary point to the effect that under the aforesaid clause of the agreement, it was only the Bombay Court which would be competent to try the suit. The learned Su...
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