Kolkata Court May 1955 Judgments
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Ram Prasad Agarwalla Vs. the State
Court: Kolkata
Decided on: May-19-1955
Reported in: AIR1955Cal586,1955CriLJ1481,60CWN542
ORDERDebabrata Mookerjee, J. 1. This is a petition for revision of an order made by a Presidency Magistrate, Calcutta, dated 15-2-1955 by which the petitioner Ram Prasad Agarwalla was directed to deposit in the Court of the Magistrate, on or before a date named in the order, the sale proceeds of 78 bags of 'Mung Dal' in respect of which a bond had been executed by the petitioner. 2. The facts shortly stated are that the petitioner instituted certain proceedings under Section 420/ 114, Penal Code against two persons Kashi Prosad Keshri and Ganga Prosad Keshri which resulted in trial of the latter before a Presidency Magistrate. Upon the petitioner's application orders were passed by the learned Magistrate directing seizure of the bags of 'Dal' at Delhi. The petitioner having executed a bond by which he engaged to produce the goods, namely the bags of 'Dal' in question covered by the bond the goods were allowed to be kept in his custody. Thereafter, during the pendency of the proceedings...
Angus Co. Ltd. Vs. Chouthi
Court: Kolkata
Decided on: May-19-1955
Reported in: AIR1955Cal616,60CWN174
Chakravartti, C.J.1. Of the two grounds urged in this appeal, one is really a ground of fact, but the other raises what appears to be a question of first impression. It is this: Does the Workmen's Compensation Act contemplate successive applications with respect to the same injury or, to put it in more precise terms, when the compensation payable for a particular injury has been settled either by an award or by agreement can the workman concerned make a second application on the ground that the injury has since been aggravated and the disablement has increased and that consequently he is entitled to further compensation2. The facts out of which this appeal has arisen are as follows: The respondent, Chouthi, was admittedly a workman employed under the appellant company and admittedly on 5-1-1951, he suffered a personal injury by accident in the course of and arising out of his employment. The accident was that, while on duty, he was knocked down by one of the railway engines of the empl...
National Fire and General Insurance Co. Ltd. Vs. Union of India (Uoi) ...
Court: Kolkata
Decided on: May-18-1955
Reported in: AIR1956Cal11
P.B. Mukharji, J.1. This is an application by the National Fire and General Insurance Company Limited to set aside the Award dated 20-3-1954.2. The dispute arises in respect of a claim for loss of jute by fire at a godown at Beldanga on 30-8-1952 at about 9 P.M. The jute was insured with the applicant-Company under two different Fire Insurance Policies NOB. 1/1/2175 and 1/1/ 1854 respectively for Rs. 4,000/- and Rs. 13,200/-. Under Policy No. 1854 dated 25-9-1951 there were two insured, namely Joti Krishna Chakravorty and the Union of India in its Rehabilitation Finance Administration, both of whom are respondents to this application.The Union of India became interested in the policy in this way. Respondent Chakravorty who was a refugee from Eastern Pakistan took a loan of Rs. 12,000/- from the Government of India in its Rehabilitation Finance Administration and partly with his own fund augmented with the loan started a business in jute in Beldanga and it was in that connection that th...
Amiya Prosad Das Gupta Vs. Director of Procurement and Supply and anr.
Court: Kolkata
Decided on: May-18-1955
Reported in: AIR1956Cal114,59CWN959
ORDERSinha, J.1. The facts in this case are shortly as follows:2. The petitioner was appointed as Inspector-Assessor on 1-7-1951 by the Director of Procurement and Supply. On 25-8-1952 he was served with a charge-sheet. In that charge-sheet, there were six charges, one of which was that he had refused to make over charge of the Procurement godown to another officer, although he was tinder orders of transfer.It was said that he had refused to make over charge on the plea that the relevant order of the authorities concerned had not, been received by him, or shown to him. The next charge was that he left station without prior permission of the higher authorities. There were other charges, for example, that he had not properly exerted himself in the discharge of his duties that he left for Calcutta without taking leave end that he was in the habit of leaving station frequently without prior permissionHe was directed to explain why he should not be dismissed, discharged or removed from serv...
Mobarak HosseIn Vs. Pundarikakshya Basu and ors.
Court: Kolkata
Decided on: May-18-1955
Reported in: AIR1956Cal168
S.K. Das Gupta, J. 1. This is an appeal arising out of a suit filed by the plaintiff for khas possession on declaration of his title and in the alternative for confirmation of possession in respect of a small plot of land situated in the town of Burdwan.2. The facts leading up to this appeal are as follows; On 30-1-1936, corresponding to 11th Mash, 1342 B. S. the appellant took a lease for this plot for 10 years from the predecessor-in-interest of the present respondents' Nos. 1 to 5. The lease was for a period of ten years and was to commence from a date On which the plaintiff would be given possession after the eviction of the tenants.The plaintiff's case is that such possession was obtained on 3-5-1937, that is, 17th Baisak 1344 B. S. The rent was fixed at Rs. 18-8-0 per month, that is to say, Rs. 222/- per year It would be necessary in order to appreciate the questions involved in this appeal to refer to the terms of the said lease. In the earlier part of the said document it is st...
Harish Chandra Samaddar and ors. Vs. the State
Court: Kolkata
Decided on: May-18-1955
Reported in: AIR1955Cal515,1955CriLJ1338
ORDERDebabrata Mookerjee, J.1. This is a petition for revision of an Older made by a Magistrate, at Alipore by which the petitioner were convicted under Sections 447 and 143, Penal Code. The trial Magistrate sentenced the petitioners to pay a One of Rs. 25/- each in default to suffer rigorous imprisonment for one month each under Section 447 of the Code. No sentence was however passed under Section 143. The petitioners thereafter applied before the Sessions Judge 24-Parganas for a reference to this Court with the recommendation that the convictions of and the sentences imposed upon them be set aside; but the learned Additional Sessions Judge who came to deal with the matter declined to interfere by an order dated 25-9-1954. Thereafter the petitioners moved this Court and obtained the present Rule.2. The fads shortly stated are that the opposite party was me owner and occupier of a plot of arable land within Tollygunge P. S. On 30-11-1953 the opposite party lodged an information with th...
Sm. Kundalata Biswas Vs. Sm. Chandra Kamini Dasi and ors.
Court: Kolkata
Decided on: May-17-1955
Reported in: AIR1957Cal111,60CWN734
S.K. Das Gupta, J.1. This is an appeal from a decision of the District Judge, Murshidabad, dated 16-6-1951, reversing a decision of the Subordinate Judge, Murshi-dabad, dated 31-8-1950.2. The matter arises in this way: One HinduBashini Biswas and Kiran Bala Biswas purchased the properties which are mentioned in schedule Ka to the plaint filed in the suit out of which this appeal arises. Kiran Bala Biswas purchased the properties mentioned in schedule Kha in a rent execution case being Case No. 51 of 1950 on 28-4-1910. Kiran Bala's husband was one Ashutosh. He had a son by Kiran Bala named Sachinandan and two daughters named Kundalata and Kanak-lata. After the death of Kiran Bala, the said Ashutosh married again and got a son by his second marriage named Nitai. The said Nitai has not been heard of, for a long time but his wife's name is Binapani and he has a son by the name of Amalendra. After the death of Kiran Bala, her property was inherited by Sachinandan and her two daughters Kunda...
Burmah Shell Oil Storage and Distributing Co. of India Ltd. Vs. Licens ...
Court: Kolkata
Decided on: May-17-1955
Reported in: AIR1956Cal397,60CWN170
ORDERSinha, J.1. The facts in this case are very short and they are as follows : The petitioner is the Bunnah Shell Oil Storage & Distributing Co. of India Ltd., a company with limited liability, having its Head Office for India at Calcutta. As is wellknown, the Company manufactures and distributes petrol and petroleum products as also kerosene, throughout the country. Sometime in August 1952, the petitioner Company received a notice from the Licensing Officer of Tamluk Municipality calling upon it to take out a trade licence and pay the necessary tax. The Company disputed its liability to pay trade-tax, and there was correspondence with the Municipality, ending in the Company making payments under protest.2. The Rule was issued on 17-8-1953 calling upon the opposite parties to show cause why the notices and demands for the payment of trade-tax as mentioned in the petition should not be cancelled and/or recalled and why they should not be directed to refrain from demanding the same fro...
Sumer Singh and anr. Vs. Sanitary Inspector of Bauria
Court: Kolkata
Decided on: May-16-1955
Reported in: AIR1955Cal554,1955CriLJ1355,59CWN870
ORDERDebabrata Mookerjee, J.1. This Rule is directed against an order made under Section 137, Criminal P.G. by a Magistrate, 1st Class, Uluberia, by which a certain, conditional order under Section 133 of the Code was made absolute. The Sub-divisional Magistrate, Uluberia, made the conditional order in which the petitioner was alleged to have caused nuisance by erecting khatals on either side of the Bauria Cotton Mills, Ferryghat Road, in the midst of an inhabited locality. The petitioner was required to remove the nuisance by a specified date or to move to have the order set aside or modified. The futher allegation against the petitioner was that the filth which accumulated in the place resulted in inconvenience to members of the public and the health and the sanitation of the locality was adversely affected by the nuisance thus caused.2. The petitioner appeared and showed cause against the aforesaid conditional order and his case seems to be that the allegations did not justify actio...
Akshoy Kumar Dutta and ors. Vs. Jogesh Chandra Nandy
Court: Kolkata
Decided on: May-13-1955
Reported in: AIR1956Cal76,60CWN345
Chakravartti, C.J.1. This is a Rule on behalf of certain accused persons, calling upon the State and the complainant to show cause why certain orders made in the course of the proceedings should not be set aside and why the proceedings themselves should not be quashed.2. It appears that on 18-1-1955, the complainant, Jogesh Chandra Nandy, filed a petition of complaint before the Police Magistrate at Seai-dah, charging the petitioners with offences under Ss. 147, 354, 323 & 380, Penal Code. The case made in the petition of complaint was that, on the previous day, an Assistant Sub-Inspector of Police had been making an inventory of certain articles in a room of a house which was the common dwelling house of both parties in connection with a previous case under Section 403, Penal Code instituted by the complainant.While the' inventory was proceeding, the complainant heard a shout and on hearing the same, he went into the room and found two of the petitioners assaulting his wife with fists...
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