Kolkata Court January 1955 Judgments
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Sailendra Nath Sinha and anr. Vs. the State and anr.
Court: Kolkata
Decided on: Jan-31-1955
Reported in: AIR1955Cal247,1955CriLJ107
Guha Ray, J. 1. This Rule was obtained by two petitioners, the first of whom was one of the Directors and thesecond the Managing Director of the Bank of Commerce Ltd., Calcutta, against an order dismissing their prayer for, staying criminal proceedings pending against them under Ss. 406, 467 and 477, Penal Code, in the Court of a Presidency Magistrate and also against an order directing their specimen writings to be taken.2. It appears that the criminal proceedings against these petitioners were started on a complaint filed by the Official Liquidator with the permission of the Company Judge of the High Court. Thereafter, there was an appeal from the order of the Company Judge which gave sanction to the Official Liquidator and the proceedings were held up. When that appeal was disposed of, the proceedings began once again. There was another prayer for stay on grounds, first, that the proceedings under Section 237, Companies Act, were pending against these petitioners and second that the...
Aswini Kumar Samanta Vs. Manager, Calcutta Electric Supply Corporation ...
Court: Kolkata
Decided on: Jan-31-1955
Reported in: AIR1955Cal372
Chakravartti, C.J. 1. In support of this appeal Mr. Dhar formulated two points before us, each one of which was a new point.2. The facts are simple and may be stated briefly. It appears that the appellant is a tenant in respect of a small plot of land owned by respondents 2 to 4. His status as a tenant was a matter of some dispute before the court below, but in this Court it was admitted by his learned Counsel that he was a thika tenant. On 28-10-1950, the appellant made an application to the Calcutta Electric Supply Corporation Ltd., for the supply of electrical energy to his house after the necessary installation works had been executed. On the 30th October following the landlords of the land on which the appellant's house stands lodged an objection with the Electric Supply Corporation. That objection was apparently disregarded, for, on 11th December following, the Corporation sent the appellant a bill for. Rs. 93-14-0 on account of the expenses to be incurred in connection with the ...
Ali Mistri and anr. Vs. Kayem Ali Sheikh and ors.
Court: Kolkata
Decided on: Jan-25-1955
Reported in: AIR1955Cal621
P.N. Mookerjee, J. 1. This appeal arises out of a suit for specific performance of a contract of resale of land. The plaintiffs who claim to be assignees from the original vendor (who was the intended vendee in the agreement for re-sale) and who succeeded before the trial Court are the appellants before me and their grievance is that their suit has been wrnngly dismissed by the lower appellee Court.2. The relevant facts, leading up to the present litigation, are not now in dispute and they may he shortly stated as follows :3. Pro forma defendant No, 3 Pear Ali Khan was the original owner of the suit properties. In December, 1941, he sold the said properties to defendant 1 Sabjan Mandal for Rs. 250/- by a kobala, dated the 1st of that month, and registered on the 9th. On this last-mentioned date (9th), there was a simultaneous Ekrarnama or agreement for re-sale, Ex. 7, executed and registered by the vendee, Sabjan Mandal, in favour of the original vendor Pear Ali Khan, the relevant stip...
Tarapada Banerjee Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-18-1955
Reported in: AIR1955Cal506,59CWN520
Chakravartti, C.J.1. This appeal involves what ultimately boiled down to a short point.2. It appears that on 19-2-1945, the then Government of Bengal, acting on behalf of the Government of India, requisitioned the road system lying on premises No. 22, Dover Lane. They also requisitioned by notifications issued on the same date the building sites comprised within the same premises, which had previously been sold out to as many as fifty-three persons. The previous history of the plot of land is that it belonged to a concern, called the Regent Estates Limited.In 1940, Messrs Talbot and Company, acting on behalf of the Regent Estates Limited, submitted plans to the Corporation of Calcutta in respect of this plot wherein the land was shown as divided into several plots and a sewer and road system was also shown. The Corporation appears to have told the representatives of the owners that they would sanction the plans if a small strip of land lying on the northern extrimity was also acquired....
Samarendra Nath Roy Vs. R.N. Basu
Court: Kolkata
Decided on: Jan-18-1955
Reported in: AIR1955Cal599,59CWN379
Sinha, J.1. This rule must succeed on a very short point The petitioner is the President of the Nakashipara Union Board in the district of Nadia and he had a pistol license, being License No. 474 XVI. This license was cancelled by the District Magistrate, Nadia, by his order dated 9-11-1949 and the order of cancellation was as follows:'I have got some adverse report against Sri Samarendra Ray son of late Baroda Prosad Ray of Dadupur, P.S. Nakashipara, District Nadia, and 1 consider it undesirable that he should possess any license for a revolver. His license for possessing a revolver is, therefore, cancelled. Necessary action for' giving effect to the this order should he taken from the Arms Act Department.'2. As a result, the petitioner had to surrender the license and the revolver, which I am informed has already been forfeited and sold, by the opposite party. This Rule is for setting aside and/or quashing that order of cancellation and for return of the pistol. I am afraid that this...
Masud Alam and ors. Vs. Commissioner of Police and anr.
Court: Kolkata
Decided on: Jan-14-1955
Reported in: AIR1956Cal9,59CWN293
Sinha, J. 1. The petitioners are Muslims who belong to the Congregation, which habitually worships at the mosque situated at No. 38/A, Brabourne Road in Calcutta, commonly known as the Murgihatta Mosque. 2. It is alleged that since May 1953, the system was introduced of calling the Azan (call for prayer) through an electrical loud-speaker five times a day. Before a loud-speaker can be installed or operated in a public place, the previous permission of the Commissioner of Police has to be obtained. As this power is not disputed I need not dwell on the source or nature of it. It does not appear that any previous permission was obtained from the Commissioner for operating the loud-speaker. Several residents of the locality complained against the practice and the Commissioner through the local thana officers countermanded the use of it. Applications were thereafter made to the Commissioner by some of the residents through the General Secretary of the West Bengal Pradesh Congress Committee ...
Sadananda Saha and ors. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jan-14-1955
Reported in: AIR1956Cal317,60CWN99
S.R. Das Gupta, J. 1. This is an appeal against an order passed under Section 47, Civil P. C. The decree-holders are the appellants before us. By the said order it was held that the decree which was passed was without jurisdiction.2. The facts leading up to this appeal are as follows: Originally a suit was brought in the court of the Munsif at Chandpur by the appellants on the allegation that out of 51 bundles of tobacco booked from Shampur station on the A. B. Railway to Chandpur station on the same Railway only 14 bundles were delivered. The claim was made against the then Governor-General in Council of India. The said suit was filed before August 1947, before the date on which partition of India took place.While the said suit was pending the partition of India was effected and thereafter a decree was obtained from the said court by the appeilanta on 18-5-1948. By the said decree the defendant was given three months' time to pay all the decretal dues. The payment of the decretal amou...
Mohan Chand Vs. Manindra Nath
Court: Kolkata
Decided on: Jan-14-1955
Reported in: AIR1955Cal442
G.K. Mitter, J. 1. This is a suit for specific performance of an agreement in writing dated 22-7-1953 executed by the defendant, for possession of a shop room, for compensation in addition to specific performance and for other reliefs. .2. The defendant is a monthly tenant of a shop room in premises No. 2 Lal Bazar Street, Calcutta paying rent of Rs. 110/- per month. He sublet a portion of this shop room to a firm known as National Marble Company at Rs. 60/- per month. By the agreement in suit, the defendant agreed to sublet the whole of the shop room to the plaintiff including the portion occupied by National Marble Company in consideration of Rs. 7,000/- to be paid by the plaintiff to him besides a sum of Rs. 110/-by way of monthly rent. The document provides that the plaintiff is to have no liability for taxes or any charges in respect of the holding. The important clauses of the document wherein the plaintiff is described as the first party and the defendant as the second party are...
indu Bhusan Chatterjee Vs. the State
Court: Kolkata
Decided on: Jan-14-1955
Reported in: AIR1955Cal430,1955CriLJ433
Chakravartti, C.J. 1. We are of opinion that this is a case where we ought to grant leave to appeal under Article 134(1)(c) of the Constitution. 2. The application is against an order of a Division Bench of this Court, dated 1-12-1954, by which the conviction of the petitioner under Section 161, Penal Code as also under Section 5(2), read with Section 5(1)(d) of Act 2 of 1947, by a Special Judge was upheld. 3. Briefly stated, the prosecution case was that one Doraiswami, who had himself been a Railway Officer at one time, set up after his retirement something like a business of acting on behalf of persons lodging claims with the Railway. That profession or vocation brought him into contact with the petitioner who was an Assistant Supervisor of the Bengal Nagpur Railway and whose duty it was to deal with claims. It was alleged that on various occasions the petitioner accepted illegal gratification from Doraiswami as a consideration for showing him favour in respect of the claim cases in...
Mahabir Prasad Bajoria Vs. M.S. Biswas Magistrate Asansole and anr.
Court: Kolkata
Decided on: Jan-12-1955
Reported in: AIR1956Cal176
Sinha, J. 1. The point involved in these Rules is a short one and may be stated as follows: 2. In these cases, action has been taken for the violation of the Colliery Control Order, 1945, (hereinafter referred to as the order). It is said that the Order which was made under the Defence of India Rules had expired on or about the first week of August 1946, and the attempt to save it by passing the Essential Supplies Ordinance on 25-9-1946, was of no effect, as that Ordinance could not save the Order which had expired by lapse of time and was dead. If the facts stated be correct, namely, that the Order had already expired by lapse of time, then obviously it could not be saved by the Essential Supplies Ordinance or in any other way. The answer is that it did not expire. As I shall presently point out, this point is expressly dealt with in a decision of the Federal Court and is scarcely arguable. I shall, however, state briefly the reasons why it should be rejected. On 3-9-1939, the Governo...
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