Kolkata Court March 1955 Judgments
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Onkarmal Mistri and ors. Vs. Regional Transport Authority, Darjeeling ...
Court: Kolkata
Decided on: Mar-29-1955
Reported in: AIR1956Cal490,60CWN13
ORDERSinha, J.1. C. R. No. 3588 of 1953.2. The facts in this case are shortly as follows: On or about 28-6-1953, the Regional Transport Authority, Darjeeling, Respondent 1, published a notice in the Himalayan Times published at Kalimpong, inviting applications for the grant of 17 permanent route-permits for public carriers, on the Siliguri-Kalimpong Route. The notice contained invitations for applications regarding several other routes but we are not concerned with that in this application. As many as 766 applications were received in respect of the 17 permits. One of the applications was by the petitioner Onkarmal Mistri. It appears from the petition that he has been carrying on transport business for a long time and had been transporting goods between Siliguri and Kalimpong from the period when bullock carts were used in conjunction with, the rail-cum ropeway system which was then used. Thereafter he had been running public carriers in the Siliguri-Kalimpong Route and had four vehicl...
Sm. Mokshoda Sundari Dasi Vs. Bhupendra Nath Bose
Court: Kolkata
Decided on: Mar-25-1955
Reported in: AIR1957Cal126,60CWN459
Guha, J.1. This is a reference under Section 14, Legal Practitioners' Act (Act 18 of 1879) made by the District Judge of 24 Parganas in respect of Shri Bhupendra Nath Bose, a pleader ordinarily practising in the district court at Alipore and the courts subordinate thereto.2. The material facts are briefly as follows One Mokshoda Sundari Dasi who is an old and illiterate widow appointed the pleader to act on her behalf in a number of Land Acquisition cases when-some of her lands were acquired by Government. It appears that a sum of Rs. 30140/3/5 pies was awarded to her as compensation. It has been found by the learned District Judge that out of that sum a total amount of Rs. 24083/3/- was withdrawn by the pleader in different instalments on behalf of Mokshada Dasi. The period of such withdrawal ranged between 2-9-50 and 30-3-51. It has also been found by the learned Judge that out of total sum of Rs. 24083-3-0 withdrawn by the pleader a sum of Rs. 14700/- plus Rs. 41/6/4 p. was paid by ...
State of West Bengal Vs. Birendra Nath Basunia and ors.
Court: Kolkata
Decided on: Mar-24-1955
Reported in: AIR1955Cal601,1955CriLJ1572,59CWN610
Chakravartti, C.J.1. The ground on which Sinha J. made the order appealed from in this case makes one examine the foundations and the extent of the rule that no one can be allowed to take the law into his own hands.2. The facts are as follows: The area of land known as the Western Duars and now included in the Jalpaiguri District belonged originally to Bhutan, but was ceded by that country to the British Crown in 1865. At the time of its cession, the area was mostly a tract of forest land and only a small part of tt was under cultivation. The Jotes in respect of the cultivated area which were existing at the time came to be described as 'old mal jotes' and to them the Bengal Tenancy Act was made applicable to a limited extent. In course of time, further lands came to be settled and when leases of such lands were granted under the Waste Lands Rules of 1875, they were granted in the same form as teases of the old mal jotes.Leases of old mal jotes were renewable in a form which is now set...
Sm. Nirmala Sundari Dassi Vs. Sudhir Kumar Mitter
Court: Kolkata
Decided on: Mar-18-1955
Reported in: AIR1955Cal484
P.B. Mukharji, J.1. This matter arises out of a special report by the Registrar made under Chapter XXVI Rule 50 of the Original Side Rules of this High Court, seeking the opinion of this Court whether the Final Mortgage Decree for Sale, under which he is selling the mortgaged premises, has become barred by limitation. The Registrar in his Special Report dated 23-8-1954 states:'I make a Special Report to the Hon'ble Court seeking the opinion of the Court on the following questions: (1) Is the decree dated 20-4-36 barred by limitation? (2) If so, can any Reference proceedings be now initiated under the said decree? I direct Shri S. K. Ghosh, Solicitor, to take out a Notice of Motion and seek directions of the Court on the points contained in this Special Report, within a week from the re-opening of the Court after the Long Vacation. The Reference stands adjourned 'sine die' with liberty to mention.' The attorney for the plaintiff according to the directions pf the Registrar's Special Rep...
Commissioner of Wakfs, West Bengal Vs. Shyam Sundar Debanshi and anr.
Court: Kolkata
Decided on: Mar-17-1955
Reported in: AIR1956Cal159
K.C. Das Gupta, J.1. This appeal is by the Commissioner of Wakfs, West Bengal, against the decision of the District Judge of Birbhum dismissing his suit in respect of a wakf property which was sold for arrears of revenue; and raises the question whether non-compliance with the provisions of Section 70(3), Bengal Wakf Act, makes the sale void.2. The Subject-matter of the suit is 8 annas share of Touzi No. 928 of the Birbhum Collectorate for which there was a separate account. It belonged originally to one Mahammad Hossain who made a wakf of the properties by a wakfnama, dated 26-6-1912. The property was sold at a revenue sale, for arrears of revenue, by the Collector of Birbhum, for default in payment of revenue for the September kist 1936 and was purchased by the respondent Shyamsundar Debansi.3. Before the property was notified for sale, the notice as required by Section 70(3), Bengal Wakf Act, was not given to the Commissioner of Wakfs. The Commissioner of Wakfs, however, applied to ...
Md. Sarafatulla Sarkar Vs. Surja Kumar Mondal and ors.
Court: Kolkata
Decided on: Mar-17-1955
Reported in: AIR1955Cal382,59CWN652
Chakravartti, C.J.1. This appeal raises a short but important point. Having considered the matter and having heard the learned Advocates, I find myself, with great respect, unable to subscribe to the view taken by the learned trial Judge.2. The appellant is a resident of village Maharajpur, situated within the jurisdiction of the Doulatabad Union Board. At the elections to the Union Board of that Union held on 22-2-1953, the appellant offered himself as a candidate and was elected. At the same time, eight other candidates also succeeded in the election. At the relevant time, the appellant was holding the post of Union Agricultural Assistant of the Paharpur Union, which, it would seem, is a post under the Director of Agricultural, Government of West Bengal. Itis admitted by all parties that be was a whole-time Government servant 3. After the results of the election had been published, Respondent 1, who was another successful candidate, moved this Court under Article 226 of the Constitut...
TabiruddIn Mallick and anr. Vs. Protiva Rani Devi and ors.
Court: Kolkata
Decided on: Mar-15-1955
Reported in: AIR1956Cal454
K.C. Das Gupta, J. 1. The two appellants Tabiruddin Mallick and Bansi Malliek and their brother Pyzulla held the lands which are the subject matter of the present litigation in occupancy raiyati right; the holding was, however, put up to sale in execution of a rent decree and purchased by the proforma defendants Protiva Sundari Dasi, Umasashi Dassi and Puspalata Dassi. On an application under Section 37A-, Bengal Agricultural Debtors Act by Tabiruddin Bansi and Foyzulla, an award was made directing restoration of the lands to them. They applied to the Civil Court under Sub-section (8) of Section 37A in order to be put in possession on the strength of the award. As the landlord had in the meantime obtained a decree for rent against the heirs of a new tenant Phani Bhusan Bhattacharjee and Protivarani Debi had purchased the holding and had obtained possession through court, the former tenants Tabiruddin Mallick, Bansi Malllcte and Foyzulla impleaded Protivarani Debi as well as the heirs o...
Bisakha Rani Ghose Vs. Satish Chandra Roy Singha and ors.
Court: Kolkata
Decided on: Mar-10-1955
Reported in: AIR1956Cal496,60CWN355
ORDERSinha, J. 1. The facts in this case are shortly as follows:2. The petitioner had a permit for plying a state carriage between Berhampore and Khagra Bazar, Murshidabad in 1950. That route was found unremunerative. In the same year she was also granted a temporary permit for the route between Ghantala Ghat and Radha Ghat which was also found unremunerative. In June, 1952, a temporary permit was granted to the petitioner in the Berhampore-Jalangi route and it was an express term of the grant that the petitioner should also run her bus in the town service which was unremunerative. In May, 1953, the R.T.A., Murshidabad invited applications for one permanent permit on the Berhampore-Kharimpore route via Jalangi. The petitioner made an application and the respondent No. 14 also made an application and there were other applicants. A Sub-committee was appointed to go into the matter and it appears that a report was made. That report is not before me, nor has it been disclosed to the petiti...
Brojo Gopal Sarkar Vs. Commissioner of Police and anr.
Court: Kolkata
Decided on: Mar-10-1955
Reported in: AIR1955Cal556,59CWN628
ORDERBose, J. 1. This is an application under Article 226 of the Constitution of. India for a writ inthe nature of Certiorari for quashing of an orderof discharge dated 30-7-1952 passed by the Deputy Commissioner of Police, Calcutta, and anorder dated 18-8-1952 passed by the Commissionerof Police, Calcutta. On 31-3-1950 the petitionerwas appointed a Special Constable of the Calcuttapolice by the Commissioner of Police, Calcutta under Section 12, Suburban Police Act, 1860 and hewas vested with the powers, functions and privileges of a Police officer. Thereafter he was made a section Leader of South Group (I), Alipore Section Special Constabulary with effect from 7-10-1950. It appears that shortly after the appointment of the petitioner as a Special Constable a representation was made by some people of the locality on 19-5-1950 characterising the petitioner as an anti-social element and praying for an enquiry against him. But subsequently on 27-5-1950 a letter was Written to the Deputy C...
inland Revenue Commissioners Vs. Butterley Co. Ltd.
Court: Kolkata
Decided on: Mar-10-1955
Reported in: [1955]28ITR762(Cal)
The following judgments were read.EVERSHED M. R. As Roxburgh J. observed at the beginning of his judgment, this case is concerned with the claim by the Crown to profits tax in respect of sums, now admittedly income for income-tax purposes, received by the Butterley Co. Ltd. in the years 1947, and following, from the Minister of Fuel of three kinds, namely, (1) revenue payments in respect of the years 1947 and 1948 under section 22(3) of the Coal Industry Nationalization Act, 1946 (which I shall hereafter sometimes call the Coal Act, 1946); (2) revenue payments in respect of the years 1949 and 1950 under section 1 of the Coal Industry (No. 2) Act, 1949 (which I shall hereafter sometimes call the Coal Act, 1949); and (3) other sums paid under section 22(2) of the Coal Act, 1946; in satisfaction or part satisfaction of the right to interim income conferred by section 19(2) of the last-mentioned Act. Although the payments are of the three kinds I have indicated, all of them were in respect...
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