Kolkata Court April 1955 Judgments
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Adhi Mallick Vs. the State
Court: Kolkata
Decided on: Apr-27-1955
Reported in: AIR1955Cal473,1955CriLJ1246,59CWN832
Debabrata Mookerjee, J. 1. The petitioner Adhi Mallick was charged on three counts -- first with having committed an offence under Section 419, secondly with having committed an offence under Section 420 and thirdly with having committed an offence under Section 465, Penal Code. 2. The facts upon which the three counts of charges were attempted to be sustained were briefly these: 3. The petitioner put himself forward as owner of a certain plot of land which in fact he was not. As a result of this false representation the complainant was induced to part with a sum of money (Rs. 2500/-) and a deed of sale was said to havebeen executed by the petitioner in favour of thecomplainant's son. The document was registered in due course. A considerable time afterwards it was discovered that the petitioner had nothing to do with the land in question and that he had perpetrated fraud upon the complainant. A complaint was made which ultimately led to the petitioner being tried upon the three counts ...
Nimai Chand Bhabak Vs. the State
Court: Kolkata
Decided on: Apr-26-1955
Reported in: AIR1955Cal478,1955CriLJ1249,60CWN202
ORDERLahiri, J.1. This is a Rule upon the State of West Bengal to show cause why the prosecution of the petitioner under Section 7(2), Essential Supplies Act (Act 24 of 1946 in the Court of the Sub-divisional Magistrate, Baraset in the district of 24-Parganas should not be quashed. The facts of the case which are undisputed are these: A consignment of 250 bags of rice arrived at the Baraset Railway Station on 11-5-1953 in the name of the consignee Amulya Kumar Ghose, One Gour Mohan Pal, acting as the agent of the consignee, took delivery of the consignment and engaged Lorry No. WBC 7934, of which the petitioner was the driver, to carry the rice from the Railway Station to the godown of Amulya Kumar Ghose at Baraset, and loaded 72 intact bags and 14 torn bags of rice in that lorry.When the petitioner was passing through Chapadali crossing, on his way to Amulaya Ghose'sgodown, he was challenged by the Police to produce is carrier's license, required to be kept under the W. B. Food Grains...
Ram Bilas Singha Roy Vs. the State
Court: Kolkata
Decided on: Apr-25-1955
Reported in: AIR1955Cal527,1955CriLJ1346
J.P. Mitter, J. 1. This Rule is directed against an order of conviction under Section 394, Penal Code and a sentence of four years' rigorous imprisonment. 2. The petitioner and two others were tried upon a charge of robbery by an Assistant Sessions Judge of Midnapore sitting with a jury. The jury by a majority verdict of 3 to 2 found the petitioner guilty of the offence under Section 394, Penal Code. This verdict the learned Judge accepted,. Accordinglyhe convicted the petitioner and sentenced him as aforesaid. 3. The prosecution case against the petitioner and the co-accused was as follows : 4. The complainant Mohar Lal Ghose was at the material time living with a concubine named Kali Dassi. There also lived with them a young daughter of this concubine. On the night in question while Mohar Lal Ghose, Kali Dassi and the youngdaughter Chhabila Dassi were sleeping on the verandah of a shed the petitioner and three others trespassed into it at about mid-night. The barking of dogs roused M...
Kalipada Dalal Vs. the State
Court: Kolkata
Decided on: Apr-22-1955
Reported in: AIR1955Cal470,1955CriLJ1243
Guha Ray, J.1. The petitioner Kalipada Dalai was convicted under Section 353, Penal Code, and sentenced to two months' rigorous imprisonment and a fine of Rs. 200/- in default of payment of the fine to rigorous imprisonment for two months more. On appeal the conviction was maintained but the sentence was reduced to one month's rigorous imprisonment and a fine of Rs. 100/- or in default of payment of the fine to rigorous imprisonment for one month more.2. The case for the prosecution briefly is that on the night of 18-9-1953 at about 9-30 P. M. the petitioner Kalipada Dalai got down at Majdia railway station from an uptrain from Calcutta and was going out of the station platform with luggages some of which he himself carried and others were being carried by some coolies when the Land Customs Inspector Raghunath Das, P. W. 1, who was no duty on the station platform challenged the petitioner and asked him to stop, saying that he wanted to examine the bundles which he suspected contained c...
Indian National Steamship Co. Ltd. Vs. Maux Faulbaum
Court: Kolkata
Decided on: Apr-22-1955
Reported in: AIR1955Cal491
ORDERBose, J. 1. This is an application by the Republic of Indonesia for an order granting the petitioner leave to take actual possession of and remove 51 reels of cable notwithstanding the appointment of a Receiver by this Court in respect thereof, (in the present suit in which this application is made) and in the alternative for an order vacating the order for the appointment of a Receiver and directing the Receiver to release the said goods, and to give delivery thereof, to the petitioner. The petitioner also seeks to be added as a defendant in the suit for the limited purpose of making and being heard on the present application. 2. The case of the petitioner is that it is a sovereign independent State and the Indonesian Purchasing Commission which is a department of the Defence Ministry of the Government of Indonesia purchased 51 reels of cable from Alfred Lohse, Exporters, Hamburg, for the price of 94058 Deutsche Marks which is equivalent to Rs. 1,07,444/- approximately & shipped ...
iswardas Khaitan Vs. C. Gregory
Court: Kolkata
Decided on: Apr-22-1955
Reported in: AIR1955Cal509
P.B. Mukharji, J.1. This is a short point in execution. The old familiar point is whether attachment is permissible on what is contended to be Provident Fund money. The decree-holder, as now substituted, seeks to attach the amount deposited under the head Deposit Miscellaneous 'E' under T.V. No. 8 of October, 1950 in the name of the judgment-debtor C. Gregory lying with the Divisional Account Officer, Danapur under the final disposal and control of Chief Accounts Officer and Financial Adviser, Eastern Railway formerly E.I. Railway, 17 Netaji Subhas Road, Calcutta, and payment of the same to the decree-holder. It is said in column 10 of the Tabular Statement that the amount lying is Rs. 7,381/13/-. The decree was dated 13-3-1947. It is Unnecessary to go into the records of the long history of unsuccessful attempts at realising this decree. The Judgment-debtor Gregory was a driver under the Railway Administration. I understand he has resigned or retired and is now in Scotland. 2. This su...
Province of West Bengal Vs. Basant Properties Ltd.
Court: Kolkata
Decided on: Apr-20-1955
Reported in: AIR1956Cal36,60CWN336
P.N. Mookerjee, J. 1. This is a compensation appeal, arising out of the requisition of a house under Rule 75A of the Defence of India Rules. There was the usual reference to arbitration under Section 19 of the Defence of India Act as the Collector's offer of Rs. 500/- p.m. as the monthly compensation was not accepted by the claimant Basant Properties Ltd., who claimed Rs. 1500/- p.m. and as, in the circumstances, no agreement could be reached under Section 19(1)(a) of the Act.The learned Arbitrator fixed the monthly compensation at the increased figure of Rs. 800/-p.m. and the Government, being dissatisfied, has filed the present Appeal. The claimant also has filed a cross objection for a higher monthly compensation.2. The requisitioned premises (No. 3/1 formerly No. 5 Raja Santosh Road, Alipore) comprised about 4B and 3K of land and a new two-storeyed building. The floor space was about 4200 sq. ft excluding bath rooms and narrow verandahs. The house is a decent and luxurious house, w...
Bhujanga Bhusan Majumdar Vs. the State
Court: Kolkata
Decided on: Apr-20-1955
Reported in: AIR1956Cal63,1956CriLJ398,59CWN604
Guha Ray, J. 1. The petitioner Bhujanga Bhusan Majumdar was convicted under Section 193, I. P. C. and sentenced to Rule I. for 3 months and to pay a fine of Rs. 300/- In default to Rule I. for three monthsmore. His appeal was dismissed by the learned. Sessions Judge. The case for the prosecution briefly is that the petitioner while deposing before-Sri A. M. Choudhury, Magistrate, 2nd Class, in the course of a judicial enquiry ordered by Sri B. L. Saha, Magistrate 1st Class, said as follows : 'I have never seen this Shantibala living in adultery with the accused Basanta Mukherjee Sub-Registrar, Khargram.' Before Sri B. L. Saha, Magistrate, 1st Class how-ever, he stated that the statement which he made. before Sri A. M. Chowdhury, viz., tnat he had never seen Santibala living in adultery with Basanta Mukherjee was not true and that was a false statement. The case against him started on the complaint of Sri B. L. Saha, and the learned Magistrate on evidence found that either the statement...
K.B. Mathur, General Manager, Eastern Rly. Vs. N.C. Chatterjee and ors ...
Court: Kolkata
Decided on: Apr-06-1955
Reported in: AIR1955Cal385,59CWN812
Lahiri, J.1. The respondent N.C. Chatterjee, who is now officiating as the Assistant Personnel Officer, Eastern Railway, Sealda, started officiating in the Lower Gazetted Service of the Engineering department on 12-11-1938 and was transferred to the Personnel Branch as Assistant Personnel Officer on 7-12-1946. According to the Indian Railway Establishment Code -- Vol. 1, P. 3, Rule 104 the respondent may be described as belonging to 'Railway Services -- Class II Gazetted' in the following scale of pay: Rs. 275-25-500 (Efficiency Bar)-30-650 (Efficiency Bar)-50-800.2. The increments are earned according to a time-scale; but there are two efficiency bars, one after he has reached the salary of Rs. 500/- and the other after be has reached the salary of Rs. 650/-per month. On 2-6-1951 the respondent reached the first efficiency bar. On 20-6-1951 the Deputy General Manager (Personnel) who held the test for crossing the Efficiency Bar did not find the respondent fit and recommended the stopp...
Kartick Chandra Das and ors. Vs. Gangadutta Murarka
Court: Kolkata
Decided on: Apr-04-1955
Reported in: AIR1956Cal120
S.R. Das Gupta, J.1. This is an appeal from a decision of the Judges, Special Bench of the Court of Small Causes, Calcutta, dated 10-7-1953, reversing the decision of the Sixth Judge of the Court of Small Causes, Cal in Suit No. 2625 of 1951 D/- 20-12-1952. The plaintiffs in the said suit are the appellants before us.2. The matter arises in this way: The plaintiffs had instituted the said suit for ejectment of the defendant from premises No. 5, Raja Raj Kissen Street, Calcutta. Originally there was a lease for ten years granted by the plaintiffs in favour of the defendant in respect of the said premises. The said lease expired in June, 1947. Before that date the Rent Ordinance had on 1-10-1946 come into existence. It was continued by subsequent Act being Bengal Act I of 1947 and thereafter it was continued by another Act being West Bengal Act V of 1948.On 1-12-1948, the Act of 1950 was passed. This suit was filed on 8-12-1951, on the ground that the plaintiffs required the premises for...
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