Kolkata Court July 1955 Judgments
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Nalini Mohan Choudhuri Vs. Malda Co-operative Urban Bank Ltd.
Court: Kolkata
Decided on: Jul-29-1955
Reported in: AIR1957Cal23,60CWN572
Bachawat, J. 1. This is an appeal from a decision of the District Judge, Malda, affirming a decision of the Munsif, First Court, Malda. The appeal arises out of objections filed by the appellant in Money Execution Case No. 26 of 1951 which was started by the respondent for execution of an award obtained by the respondent against the appellant. The respondent is a co-operative bank. The appellant is a member of the bank. The respondent bank claimed certain moneys from the appellant member. The dispute between them was a dispute touching thebusiness of a co-operative society between a society and a member. The dispute was referred to arbitration and the respondent Bank obtained an award in accordance with the Co-operative Societies Act, then in force. It is common case that that award should be deemed to have been made and to have effect as if it was an award under the Bengal Co-operative Societies Act, 1940. When the bank sought to execute the award it was held by the executing Court th...
Nibaran Chandra Das Vs. the State
Court: Kolkata
Decided on: Jul-29-1955
Reported in: AIR1956Cal90,1956CriLJ513,60CWN392
ORDERDebabrata Mookerjee, J.1. This is a petition for revision of an order dated 20-1-1955, made by a Presidency Magistrate, Calcutta convicting the petitioner under Section 5, West Bengal Undesirable Advertisements (Control) Act, 1948, and sentencing him to pay a fine of Rs. 200/-, in default to suffer rigorous imprisonment for 2 months.2. The facts briefly stated are that the petitioner is the printer and publisher of a monthly journal known as 'The Modern Review' which in it its issue of June 1954 printed and published an advertisement under the heading 'Outstanding Products of Hering and Kent'. It was a full-column advertisement in which several products of Hering and Kent were advertised. One item related to a medicine called 'Novum' which was advertised in these words,'The most potent and effective' 'period regulator' for females, indicated in the treatment of Amenorrhoea (Periodic Disorders). Restores the female periodic cycle surely, quickly, safely. NOVUM SIMPLEX, Rs. 12-8, NO...
Union of India (Uoi) Vs. Ganesh Lal
Court: Kolkata
Decided on: Jul-29-1955
Reported in: AIR1956Cal99,60CWN157
R.P. Mookerjee, J.1. The plaintiff respondent obtained a decree for compensation against the Union of India in respect of certain consignments which had been despatched over the Eastern Punjab Railway and the East Indian Railway, but had been delivered in a damaged condition. Only two questions having been raised in this appeal. It is not necessary to refer to all the allegations in the plaint and how they were controverted by the defendant. The defendant Union of India has appealed to this Court. 2. It will be convenient if we deal with the two consignments separately. On 9-7-1947, a consignment in two lots of 225 and 175 bags of onions had been booked at Magatahsil station then on the North Western Railway, which is now known as the Eastern Punjab Railway. They were despatched to Howrah. The point in dispute now before us is whether there was any risk note given by the consignor at Magatahsil.Although it was alleged by the plaintiff that no risk note had been given, on behalf of the ...
Hiralal Agarwalla Vs. the State
Court: Kolkata
Decided on: Jul-28-1955
Reported in: AIR1958Cal123,1958CriLJ367,61CWN691
ORDERDebabrata Mookerjee, J. 1. The petitioner in this case is being proceeded against under Chapter XVIII of the Code of Criminal Procedure. A Chalan was submitted against him by the police under Section 6. 120B/379, 466/34 of the Indian Penal Code whereafter the learned Chief Presidency Magistrate commenced an enquiry preliminary to commits merit to the Court. In the course of the enquiry several witnesses have been examined by the prosecution in support of the charges mentioned in the chalan.2. On the 11th of March, 1955 the Public Prosecutor prayed to the court that the petitioner be directed to give his specimen handwriting in court for comparison with the petitioner's disputed writings and for sending the same to the Handwriting Expert attached to the Criminal Investigation Department, Government of West Bengal. As soon as that was proposed to be done objection was taken on behalf of the petitioner to the procedure of compelling the accused person to furnish evidence against hims...
Karnaphuli Jute Mills Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-22-1955
Reported in: AIR1956Cal71
1. This is a suit for recovery of Rs. 9,72,579/- on various causes of action which are not very clearly set out in the body of the plaint itself, but have to be gathered from theparticulars given In prolix and rambling an-nexure to the plaint.2. The plaintiff company is incorporated under the Indian Companies Act and formerly used to carry on business at Chittagong; it describes itself in the cause title of the plaint as having its registered office at present at 1B, Old Post Office Street, Calcutta. It claims to He a 'Displaced person' within the meaning of the Displaced Persons Institution of Suits Act, 1948.3. The main facts which can tie gathered from the plaint are as follows:(4) The plaintiff was the owner of a mill and factory at Chittagong consisting of certain buildings, plants and machinery. In the factory premises were stored, at the relevant time, various movables including logs of timber, stacks of bricks etc. The factory stood on land belonging to the Commissioners for th...
Bijoy Krishna Chandra Vs. the State and anr.
Court: Kolkata
Decided on: Jul-22-1955
Reported in: AIR1958Cal121,1958CriLJ364,60CWN570
ORDERDebabrata Mookerjee, J. 1. This Rule is directed against an order of the Subdivisiona Magistrate, Raiganj, dated the 29th April, 1955, by which the petitioner who was the complainant in a case was ordered, under Section 250 of the Code of Criminal Procedure to pay compensation of Rs. 50/- to the opposite party Sudhirendra Nath Sarkar. In default of payment, the petitioner was sentenced to suffer simple imprisonment for fifteen days.2. The petitioner is a Union Agricultural Assistant in the Department of Agriculture, Government of west Bengal. On the relevant date he was posted at Kaliaganj and the opposite party Sudhirendra Nath Sarkar was his immediate office superior holding the appointment of an Agricultural Inspector.3. The petitioner instituted a complaint charging the opposite party with having committed an offence under Section 403 of the Indian Penal Code upon the allegation that the petitioner's salary, including allowance, for the month of June 1952 had been misappropria...
Ajoy Kumar Ghose Vs. Corporation of Calcutta and ors.
Court: Kolkata
Decided on: Jul-22-1955
Reported in: AIR1956Cal410
Sinha, J. 1. This application relates to a shop-room situated in premises previously numbered as 23, Canning Street and now known as 183, Old China Bazar Street. It is in the occupation of Ajoy Kumar Ghosh, the petitioner, who carries on a business therein under the name and style of Ghosh Brothers, in Carpets, Mattings, Buckets and other goods. The said property, together with the contiguous premises Nos. 178 to 185, Old China Bazar Street, belonged to one Fazal Hossain, Mohammed Shafique and Mohammed Hanif. In or about 15-8-1954, the Respondent 4, Estate Birendra Kumar Shaw Ltd., a company incorporated under the Indian Companies Act, purchased the said premises No. 23, Canning Street, together with the contiguous premises Nos. 178 to 185, Old China Bazar Street. So far as premises No. 183, Old China Bazar Street (formerly No. 23 Canning Street) is concerned, it is a dilapidated structure, about a hundred years old. The surrounding structures have all been demolished for the purpose o...
Basanta Kumar Bhattacharjee Vs. Panchu Gopal Dutta and ors.
Court: Kolkata
Decided on: Jul-21-1955
Reported in: AIR1956Cal23,59CWN1117
ORDER1. The petitioner obtained four money decrees against the opposite parties Nos. 1 to 4 and put them into execution in Money Execution Cases Nos. 69 of 1952, 13 of 1953, 37 of 1953 and 38 of 1953 in the 1st Court of the, Subordinate Judge at Alipore. Properties belonging to the judgment-debtors, opposite parties Nos. 1 to 4 were sold in Money Execution Case No. 8 of 1953 which had been started by opposite party No. 6 for execution of a decree obtained by him against them for a sum of Rs. 7,970/-.The sale took place on 10-6-1953 and was confirmed on 16-7-1953. On 10-7-1953 the petitioner filed an application for rateable distribution of the sale proceeds of Rs. 8,115/- in respect of his claims in all the four Execution cases. The Court, however, held by its order dated 2-12-1953 that the petitioner was not entitled to rateable distribution in respect of Money Execution Cases Nos. 37 and 38 of 1953 but his prayer for rateable distribution in respect of the other cases should succeed....
Manjural Haque Vs. Sm. Mewajan Bibi and ors.
Court: Kolkata
Decided on: Jul-21-1955
Reported in: AIR1956Cal350,60CWN714
P.N. Mookerjee, J.1. This second appeal arises out of a suit for specific performance, or, in the alternative for what in substance appears to be permanent injunction, restraining the defendants from interfering with the plaintiffs' possession. The claim for specific performance was clearly barred by limitation and it was not pressed by the plaintiffs after its dismissal by the trial Court on that ground.The plaintiffs' alternative claim, however, was decreed by the learned Munsif under Section 53A, Act, and the defendants were held debarred and they were actually restrained from interfering with the plaintiffs' possession of the suit properties and/or from exercising any rights in respect thereof which might affect such possession. That decision, however, was eventually set aside by the lower appellate Court which refused to apply Section 53A to the facts of this case and, the plaintiffs' suit having been dismissed, they have now come up to this Court in Second Appeal.2. The learned M...
Sm. Priti Rekha Mitra Vs. Narayan Chandra Dutta
Court: Kolkata
Decided on: Jul-21-1955
Reported in: AIR1956Cal510
ORDERP.B. Mukharji, J.1. This application raises a short but an important point of procedure and substance. The point) shortly is, when does a mortgagor finally and Irrevocably lose his equity of redemption2. Before dealing with this point, I shall set out very briefly the facts. The present application is by the defendant-mortgagor. The respondents to this application are the mortgagee and the purchaser. The plaintiff filed this suit against him on 19-12-1951 lor a preliminary mortgage decree for Rs. 14,521-5-6p. The preliminary mortgage decree was passed on 21-8-1952 by my learned brother J. P. Mitter, J. The preliminary mortgage decree was a consent decree providing for payment in instalments. There was default in the payment of instalments and the consent decree provided that in such default the mortgagee-plaintiff would be entitled to an order for a final decree for sale of the mortgaged property. The mortgaged property is No. 3, Ram Kanta Mistry Lane, Calcutta. The final decree f...
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