Kolkata Court May 1955 Judgments
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Elahi Bux Khan Vs. the State
Court: Kolkata
Decided on: May-30-1955
Reported in: AIR1955Cal482,1955CriLJ1253
Renupada Mukherjee, J.1. Appellant Elahi Bux khan alias Elahi Baksha Khan was placed on his trial before the Judge, First Special Court, Alipore on two charges under Ss. 409 and 477, I. P. C. and convicted and sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 100/-, in default, to undergo further rigorous imprisonment for one month on each of the two charges. The substantive sentences of imprisonment passed by the Special Judge on each of the two charges were directed to run concurrently. 2. The prosecution case may briefly be stated thus:3. One Fakir Jana (P. W. 1) who hails from Baleswar District in Orissa was a servant of one Ramanath Das of village Patuakhali within Joyna-gore Police Station in the district of 24-Parganas. On 24th Pous 1359 B. S. corresponding to 8-1-1953, Fakir Jana remitted a sum of Rs. 60/- through his master's son Kalipada Das by three money orders of Rs. 35/-, Rs. 15/- and Rs. 10/- to his son Nara-yan Jana in village Gorapukur...
Malchand and ors. Vs. Puranmull and ors.
Court: Kolkata
Decided on: May-27-1955
Reported in: AIR1956Cal228
ORDERP.B. Mukharji, J. 1. This is an application on behalf of Taxing Officer disallowing the costs of 36 attendances in a Chamber Summons as between party and party. These costs have been disallowed on the ground that they are costs of adjournments. Although the amount involved in the taxation is small, the point raised on this application is of considerable importance to the profession.2. The Registrar as Taxing Officer who up-held the Assistant Taxing Officer's decision disallowing these costs, guided himself by an administrative direction which he has quoted in his order. That administrative direction has been challenged before me as having been obtained not in accordance with Rule 13 of Chapter 36 Original Side Rules relating to taxation which provides:'The Taxing Officer shall keep a book, in which he shall from time to time enter in writing a statement of any doubts or difficulties which in the course of taxation may have arisen as to the interpretation or construction of any of ...
Sukumar Bose and ors. Vs. Abani Kumar Haldar and ors.
Court: Kolkata
Decided on: May-27-1955
Reported in: AIR1956Cal308,60CWN778
Das Gupta, J.1. This appeal raises an important question of Hindu Law. In Konwur Doorganath Roy v. Ram Chunder Sen 4 Ind App 52 (PC) (A) their Lordships made an observation in these words:'Where the temple is a public temple, the dedication may be such that the family itself could not put an end to it; but in the case of a family idol, the consensus of the whole family might give the estate another direction'.2. The question has been raised in the present appeal whether this observation that 'in the case of a family idol, the consensus of the whole family might give the estate another direction', is binding authority for holding that an absolute debutter property of a family idol can be made secular by the members of the family agreeing to do so. The plaintiffs brought the present suit for declaration of their title & for delivery of possession of certain lands on the basis of a lease by the descendants of one Akshoy Kumar Haldar.The defendants contend that this was absolute debutter p...
imperial Tobacco Co. (India) Ltd. Vs. Salona Bibi
Court: Kolkata
Decided on: May-27-1955
Reported in: AIR1956Cal458,60CWN378,(1956)IILLJ35Cal
Chakravartti, C.J. 1. The only point urged in this appeal against an award made by the Commissioner for Workmen'sCompensation is that there was no evidence before the Commissioner on which he could properly hold that the death of the workman concerned had been caused partly by disease and partly by the stress and strain entailed on him by a journey to his place of employment which he had to undertake, because he was required to do so by the conditions of his service. According to the appellants, who are the employers the journey had been undertaken voluntarily and, in any event, it had nothing to do with the death which was caused solely by disease and, therefore, there was no death by an accident arising out of and in the course of the workman's employment and indeed no accident at all. 2. Certain of the facts were admitted by the parties, but as to the crucial facts, they differed. It was admitted that the deceased person, one Mohammad Syed, was a workman under- the appellant-company...
Miss. E. Scott Vs. Residence Ltd.
Court: Kolkata
Decided on: May-27-1955
Reported in: AIR1956Cal606,60CWN746
K.C. Das Gupta, J.1. This Rule is directed against an order of the learned Subordinate Judge, 24-Parganas, made under Section 14 (4), West Bengal Premises Rent Control Act.2. The suit was in respect of a room in 209, Lower Circular Road in Calcutta. The plaintiff's case was that rent was payable at the rate of Rs. 180/- per month. The defendant contended that, though that was the rate originally agreed upon the rent payable at the time of the suit as also at the time of the application under Section 14 (4), West Bengal Premises Rent Control Act was Rs. 64-13-0, that being, according to her, the standard rent fixed for the premises. The present suit was instituted on 25-9-1953. It appears that on 16-1-1950, the petitioner applied to the Rent Controller for standardisation of rent and that on the 11th of April of that year the rent was standardised at Rs. 55-3-3 pies per month. This, however, was set aside by the appellate Court on 7-9-1950, and the application was remanded to the Rent C...
Manmatha Nath Chakravarty and anr. Vs. Sachindra Kumar Chakravarty and ...
Court: Kolkata
Decided on: May-26-1955
Reported in: AIR1956Cal59,59CWN1082
Chakravartti, C.J. 1. This is a Rule calling upon the opposite parties to show cause why orders passed in their favour by the Courts below, dismissing an application made by the petitioners under Order 21, Rule 90, Civil P. C., should not be set aside. The Rule involves a point of some interest.2. The parties are co-sharers. It appears that the opposite parties made a payment of revenue, a portion of! which was payable by the petitioners. Thereafter, as was to be expected, they brought a suit for re-imbursement in order to recover from the petitioners the amount of revenue which it was their duty to pay but which the opposite parties had been compelled to pay on their behalf.The suit was decreed in due course and execution was taken out against the undivided one-third share of the petitioners in the common homestead of the parties. The property put to sale appears to have been divided into four lots and the total price mentioned in the sale proclamation was Rs. 850/-. The price 'fetche...
Kashiram Agarwalla and anr. Vs. Collector of 24-parganas and ors.
Court: Kolkata
Decided on: May-26-1955
Reported in: AIR1958Cal524,62CWN83
K.C. Das Gupta, J.1. These Rules are directed against proceedings now pending against the petitioners before the Collector of 24-parganas for their arrest and detention for recovery of Rs. 41,39,617/13/0 on account of income-tax and excess profit tax. This sum is made up of different sums said to be due from a Hindu undivided family, Messrs. Sriram Jhabermal, of which Nandaram Agarwalla was the Karta, on account of income-tax for the years 1944-45, 1945-46, 1946-47 and 1947-48 and on account of several assessments on account of excess profits tax. In each case the Income-tax Office sent certificate to the Collector of 24-parganas, Alipore stating that a certain sum was due on account of income-tax or excess profits-tax and that it was in arrears. In one case the amount was mentioned as due from Messrs. Sriram Jhabarmal while in the other case the sums are said to he due from Nandaram Agarwalla, as Karta of the undivided Hindu family of Messrs. Sriram Jhabarmal. In all these cases certi...
Anwarali Sarkar and ors. Vs. the State
Court: Kolkata
Decided on: May-26-1955
Reported in: AIR1955Cal535,1955CriLJ1348
K.C. Das Gupta, J.1. The appellants were tried by a special Tribunal constituted under the Tribunals of Criminal Jurisdiction Act, 1952, (West Bengal Act 14 of 1952). The learned Judge who presided over the Tribunal framed charges against all the appellants of conspiracy to commit offences under Sections 302, 324, 342, and 427, Penal Code and Sections 3 and 5, Explosive Substances Act and Section 19(f), Indian Arms Act of 1878.Seven of the appellants together with one Nepal Chandra Mazumdar who has been acquitted were also charged with specific offence under S. 802, Penal Code for having intentionally caused the death of F. G, Turnbull, a foreman of the Structural Section of Messrs, Jessop and Co. at Dum Dum. One appellant, Simon Bam was charged with a specific offence under Section 302, Penal Code for having intentionally caused the death of A. Dwyer, an employee of Messrs. Jessop and Co.The seven appellants who were charged with the specific offence of murder of F. G. Turnbul were al...
Kashiram Agarwalla Vs. Collector of 24-parganas and Others.
Court: Kolkata
Decided on: May-26-1955
Reported in: [1958]33ITR800(Cal)
DAS GUPTA, J. - These rules are directed against proceedings now pending against the petitioners before the Collector of 24-Parganas for their arrest and detention for recovery of Rs. 41,39,617-13-0 on account of income-tax and excess profit tax. This sum is made up of different sums said to be due from a Hindu undivided family, Messrs. Sriram Jhabarmal, of which Nandaram Agarwalla was the karta, on account of income-tax for the years 1944-45, 1945-46 and 1947-48 and on account of several assessments of account of excess profit tax. In each case the Income-tax Officer sent a certificate to the Collector of 24-Parganas, Alipore, stating that a certain sum was due on account of income-tax or excess profit tax and that it was in arrears. In one case the amount was mentioned as due from Messrs. Sriram Jhabarmal while in the other cases the sums are said to be due from Nandaram Agarwalla, as karta of the undivided Hindu family of Messrs. Sriram Jhabarmal. In all these cases certificate proc...
Commissioner of Income-tax, West Bengal Vs. Duncan Brothers and Compan ...
Court: Kolkata
Decided on: May-20-1955
Reported in: [1955]28ITR427(Cal)
CHAKRAVARTTI, C. J. - This reference was made at the instance of the Commissioner of Income-tax, West Bengal, and the question referred reads thus :'Whether on the facts and in the circumstances of this case, the Tribunal was justified in holding that 60 per cent. of the income from dividends received by the assessee from tea companies can be deemed to be agricultural income ?'When the reference came up for hearing sometime ago, we were informed that the identical point was pending consideration by the Supreme Court in an appeal taken to that Court from Bombay. The Supreme Court has since had occasion to decide the point in disposing of the Bombay appeal. It is not disputed that the present question is covered and concluded by the decision of the Supreme Court and that according to that decision, the question must be answered in the negative.Mr. Ginwala has, however, taken a subsidiary point on behalf of the assessees. He has contended that the reference to this Court was not made with...
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