Kolkata Court May 1954 Judgments
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Shila Banerjee Vs. B.C. Das Gupta and anr.
Court: Kolkata
Decided on: May-20-1954
Reported in: AIR1954Cal571,58CWN705
ORDERSinha, J. 1. This is a rule calling upon the respondents to show cause why a writ in the nature of mandamus should not be issued commanding the said respondents to rescind, withdraw or recall the notifications being Nos. P.H. 2209/2A-9/52, P.H. 2210/2A-9/52 and P.H. 2211/2A-9/52 dated 9-8-1952 published on 11-8-1952 in the extraordinary issue of the Calcutta Gazette, and why the said respondents, its servants and agents should not be restrained from giving effect to or taking any steps under or in pursuance of the said notifications and why such further orders should not be made as to the Court may seem fit and proper. 2. The application arises in the following way. The West Bengal Clinical Establishment Act, 1950 came into operation on 23-11-1950. The title of tile Act shows that it was an Act to introduce a system of registration and licensing in respect of clinical establishments and the preamble shows that it was expedient to introduce a system of registration and licensing in...
Baijnath Vs. Kshetrahari Sarkar and ors.
Court: Kolkata
Decided on: May-18-1954
Reported in: AIR1955Cal210
Renupada Mukherjee, J.1. This is an appeal by the plaintiff, and it arises out of a suit for specific performance or a contract to lease out certain immovable properties described in the schedule of the plaint by the defendant in favour of the plaintiff. The suit was contested in the Trial Court by the defendant, and dismissed, and so the plaintiff has preferred this appeal. The facts of the case will appear from the body of the judgment.2. Before coming to the matters which are really in controversy between the parties, it will be useful to set out the following fact about which there is no dispute. Defendant Kshetra Hari Sarkar, since deceased, was the owner of municipal premises Nos. 12, 13, 14 and 15, Chingrihatta Lane, within police station Beliaghatta in the close suburbs of Calcutta. These premises comprise an area of about 20 bighas of land with a two storied building upon a portion. The rest of the land comprises mainly vacant land with three tanks and some tinroofed structure...
Krishnapada Choudhury Vs. Asrat Ali Khan and ors.
Court: Kolkata
Decided on: May-18-1954
Reported in: AIR1955Cal422
ORDERGuha, J. 1. This is an application under Section 115, Civil P. C., at the instance of one Krishnapada Chowdhury who was the auction-purchaser in a rent sale held on 2-2-52 in respect of a holding recorded in C.S. Khatian No. 92. Opposite party No. 1 Asraf Ali Khan filed an application under Section 174(3), Bengal Tenancy Act for setting aside the sale which was held on 2-2-52. A preliminary objection was raised in the lower court upon that application on the ground that the applicant there namely opposite party No. 1 Asraf Ali Khan in the present proceedings before this Court had no 'locus standi' to file the application under Section 174 (3), Bengal Tenancy Act. That preliminary objection was, however, overruled by the learned Munsif who held that Asraf AH Khan had 'locus standi' to file the application under Section 174 (3) Bengal Tenancy Act. It is the propriety of this decision that has been called in question before me by the auction-purchaser petitioner. In C.S. Khatian No. ...
Panchanan Mukherjee Vs. the State
Court: Kolkata
Decided on: May-14-1954
Reported in: AIR1955Cal175,1955CriLJ513
K.C. Das Gupta, J.1. The appellant was tried on three charges one under Section 467, I. P. C., the second under Section 471/467, and the third under Section 420, I. P.C. He was acquitted in accordance with the unanimous verdict of the jury of the first two charges but convicted of the third charge. Briefly stated the prosecution case was that after the death of Omratan Bibi in whose favour compensation for lands acquired in Land Acquisition proceedings had been awarded the appellant. presented an application purporting to be by Omratan Bibi supported by a Muktearnama purporting to have been executed by her and thereby induced the authorities to pay out to him the money awarded. It is alleged that at the time he used the documents he knew or had reason to believe that these documents were forged and it was by using them he committed cheating.2. The defence of the accused is that somebody on behalf of Omraton Bibi approached him with papers containing thumb impression with the certificat...
Suretennessa Bibi Vs. Chintaharan Das
Court: Kolkata
Decided on: May-13-1954
Reported in: AIR1955Cal182,1955CriLJ654
Lahiri J.1. This rule was issued on the opposite party to show cause why he should not be committed to prison for contempt of this Court for breach of a personal undertaking given by him to this Court in Second Appeal No. 1461 of 1953. The facts relevant for the purposes of this Rule may be briefly stated as follows: The petitioner Suretennessa Bibi instituted a suit for ejectment against there opposite party Chintaharan Das in respect of premises No. 37D, Surendra Nath Banerji Road. The petitioner succeeded in getting as decree for ejectment in the Courts below and against the decree of the lower appellate Court the opposite party Chintaharan Das filed a second appeal which was registered' and numbered as S. A. 1461 of 1953. That second appeal came up for Hearing under Order 41, Rule 11, Civil P. O., before this Court on 1-12-1953 on which date the following order was recorded by the Court: 'This appeal will be heard. The records need not be sent for and the usual notices need not iss...
Kunti Bala Dassi Vs. NabIn Chandra Das
Court: Kolkata
Decided on: May-12-1954
Reported in: AIR1955Cal108,1955CriLJ354,58CWN702
ORDERGuha, J. 1. This revisional application at the instance of one Kunti Bala Dasi who is the second wife of opposite party Nabin Chandra Das is directed against an order passed by a Magistrate on 13-10-1953 cancelling under Section 489 (2), Criminal P. C. the order of maintenance passed in her favour under Section 488 of the Code on 31-1-1953. It appears chat on 31-1-1953 after contested proceedings, maintenance at the rate of Rs. 30/- per month was allowed in favour of the present petitioner against her husband opposite party Nabin Chandra Das. On 13-8-1953, however, Nabin Das obtained against the present petitioner a decree for restitution of conjugalrights. It was a contested decree. No maintenance was paid by Nabin Chandra Das to the present petitioner in terms of the order passed in her favour on 31-1-1953. Thereafter, the petitioner initiated proceeding for execution of the decree and while showing cause in these proceedings the husband opposite party submitted that in view of ...
Jagat Bandhu Ganguly Vs. State
Court: Kolkata
Decided on: May-12-1954
Reported in: AIR1955Cal109,1955CriLJ370,58CWN913
ORDERGuha, J.1. This is an application under Section 439, Criminal P. C. at the instance of Jagat Bandhu Ganguly who has been committed by a Magistrate of Alipore to the Court of Session for taking his trial under Section 408/109, I. P. C. Kanai Lal Mitra who was co-accused with him has also been committed to the Court of Session to take his trial under Sections 408, 467 and 477A, I. P. C. The present petitioner before this Court is Jagat Bandhu Ganguly alone and the prayer made on his behalf is that the order of commitment in so far as he is concerned should be quashed.2. In order to appreciate the grounds upon which the prayer for quashing of commitment is based it is necessary to refer to a few facts. Jagat Bandhu Ganguly was previously put upon his trial before the same Magistrate under Section 136, Calcutta Port Act (Bengal Act III of 1890). That case ended in an order of acquittal under Section 258, Criminal P. C. on 31-10-53. It was alleged in that trial that the present petitio...
Satyananda Brahmachari and ors. Vs. Phani Lal Mookerjee and ors.
Court: Kolkata
Decided on: May-12-1954
Reported in: AIR1955Cal155,58CWN861
K.P. Mookerjee, J.1. The only question raised in this appeal is whether the plaintiffs had obtained the consent required under Sections 92 and 93, Civil P. C., for filing the present suit. The learned District Judge has held against the plaintiffs. Hence this appeal to this Court.2. The three plaintiffs claimed to be persons interested in the sheba puja of the famous deity Sri Sri Kalimata of Kalighat.3. It is alleged that this temple along with other associate ones are part of a public endowment. They are riot being properly managed. Certain definite allegations are also made about mismanagement and misappropriation.4. In the body of the plaint it is averred that this suit is brought under the provisions of Section 92 read with Section 93, Civil P. C., and that the written consent of the Collector, 24-Parganas as required therein had been obtained. On the original plaint the Collector, 24-Parganas made the following endorsement:'Under Government Order No. 5977-J, dated 11-11-1949, I h...
Probodh Chandra Ghose Vs. Executive Engineer, Canals Division and ors.
Court: Kolkata
Decided on: May-10-1954
Reported in: AIR1955Cal276,58CWN928
ORDERSinha, J.1. The facts of this case are shortly as follows. In March, 1923 the petitioner was' appointed a Ticket-Checker in Calcutta Canals Sub-Division under the Executive Engineer, Canals Division, Irrigation Department of the Government of Bengal. At the material time he had been promoted to the post of a Sub-Divisional Clerk. In July, 1949, the petitioner was suspended and his case was referred to the anti-corruption department. We do not know what happened in the anti-corruption department, but it appears that on or about 3-7-1951 the petitioner was served with a charge-sheet and departmental proceedings commenced. It is disputed as to whether the petitioner received the Original Charge-sheet, but admittedly he received a copy, in terms of annexure 'C' to the petition. The charge-sheet sets out a number of charges, one being that there was issue of false tickets issued to launches plying in the canals, another was misappropriation of toll charges. The charge-sheet concluded a...
Khan and anr. Vs. the State
Court: Kolkata
Decided on: May-06-1954
Reported in: AIR1955Cal146,1955CriLJ485,58CWN1055
Chakravartti, C.J. 1. The appellants in these two appeals, Khan 'alias' Md. Rezak and Allauddin Khan 'alias' Allauddin Ferozuddin, were tried in the Sessions Division of this Court by Sen J. with the aid of special jury, the former on a charge under Section 302, Penal Code, and the latter on a charge under Section 302 read with Section 109. The Jury returned a unanimous verdict of guilty against both the accused persons and the learned Judge, accepting that verdict, sentenced the first appellant to death and the second appellant to transportation for life. They have appealed. 2. Originally, both the appellants sent separatepetitions of appeal from jail. Since then, a further petition of appeal has been filed by the firstappellant through a solicitor and at the hearingbefore us, he was represented by Mr. N. R. DasGupta, appearing with a number of juniors. Theappeal by Allauddin Khan remains an appealfrom Jail and before us he has gone unrepresented. 3. The act charged against Md. Rezak ...
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