Kolkata Court July 1955 Judgments
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Satyajuga Bennett Coleman and Co. Ltd. Vs. Bhupati Chatterjee
Court: Kolkata
Decided on: Jul-20-1955
Reported in: AIR1956Cal604
Chakravartti, C.J. 1. This is an employer's appeal against a decision by the Commissioner, Workmen's Compensation, by which he awarded a sum of Rs. 1680/- to the respondent workman on the ground of his having suffered a permanent and partial disability in the course of his employment under the appellant. Only two grounds have been urged by Mr. Das Gupta in support of the appeal. He has contended that the respondent's claim was barred by limitation and in the second place that, in any event, the employer should have been given credit for the full salary which he had paid to the respondent even after the disability had occurred and his capacity for full service been reduced. 2. The facts are not in dispute. The respondent, Bhupati Chatterjee, was employed as a machineman under the appellant, the Proprietor of the Satyajuga Bennett Coleman & Co. Ltd., who used to publish a newspaper and maintain a printing establishment. On 19-7-1951, the respondent's right hand got caught in the printing...
Sunil Roy Vs. Biswanath Dutta and anr.
Court: Kolkata
Decided on: Jul-19-1955
Reported in: AIR1956Cal373,60CWN624
K.C. Das Gupta, J.1. This Rule is directed against an order refusing an application for rateable distribution. The petitioner got a decree for Rs. 6,890/6/3 against Phani Bhusan Singh on 15-9-1953 in Suit No. 3414 of 1951 on the Original Side of this Court. He started execution proceedings in the Court of the Subordinate Judge, Alipore, on 19-9-1953, after having obtained a certificate of non-satisfaction from this Court in Ex. Case No. 19 of 1953. In the application for execution he prayed for attachment and sale of the moveable property described in these words:'New Morris minor Saloon Car (1953) Model -- temporary registration No. WBX 4028, Engine No. A. P. H. M. 905, chassis No. F. A. H. 55/160483 colour-black, registered in the name of Sinha & Co., Purulia, lying in the premises of G. McKenzie & Co. (1919) Limited, at 208, Lower Circular Road, Calcutta. Dt. 24-Parganas.'2. In the meantime Biswanath Dutt obtained his decree in Suit No. 17 of 1953 on the Original Side of this Court ...
Bhagabanti Vs. General Manager, Eastern Railways
Court: Kolkata
Decided on: Jul-19-1955
Reported in: AIR1955Cal597,60CWN249,(1955)IILLJ522Cal
Chakravartti, C.J. 1. Mr. Mukberjee who has appeared for the appellant in this case realised that on the facts appearing from the evidence he had a difficult task to perform and accordingly he tried to obtain a decision in favour of his client by relying upon a pure question of law. What that question is, I shall state presently. 2. The facts are that one Bhagabanti applied to the Commissioner for Workmen's Compensation for compensation on account of the death of her husband, one Bideshi Rajbhor, who was alleged to have died by an accident arising out of and in the course of his employment under the respondent. Bidoshi was employed as a gang coolie under the Railway. He had been ill for some time, but had rejoined work after about a month's absence. On 10-7-1953, he went to work at about 8 a. m., but when his wife went to reach him his food at about midday, she found him lying dead near the railway lines within the yard of the Burnpur Railway Station. According to her, there was blood ...
Netram Agarwalla Vs. the State
Court: Kolkata
Decided on: Jul-15-1955
Reported in: AIR1955Cal609,1955CriLJ1579
ORDERDebabrata Mookerjee, J. 1. This is a petition for revision of an order made by Sri J. M. Sarkar, Magistrate, 1st Class, Raiganj, on 25-8-1954, by which the petitioner was convicted under Section 6(1), Cinematograph Act (Act 2 of 1918) for contravention of the provisions of Section 3 of that Act and sentenced to a fine of Rs. 100/- in default to suffer simple imprisonment for one month. 2. Against this order of conviction and sentence, an application was made to the Sessions Judge of West Dinajpur for a reference to this Court with the recommendation that the conviction of and the sentence imposed upon the petitioner her set aside. The learned judge by an order dated 16-11-1954 declined to interfere. Thereafter the petitioner applied to this Court and obtained the present Rule. 3. The case for the prosecution briefly statedis that the petitioner is the proprietor of the Mahabir Talkie House in respect of which one N. Roy Choudhury was the lessee under him. The petitioner had a perm...
Debi Prasanna Ghose Vs. the State
Court: Kolkata
Decided on: Jul-13-1955
Reported in: AIR1956Cal56,1956CriLJ396
Chakravartti, C.J.1. In this Reference to a Full Bench, we find It necessary to formulate the Questions arising out of the facts ourselves, inasmuch as they have not been formulated in the Order of Reference. The questions which do arise may be stated in the following form:(1) Whether when a Police Officer belowthe rank of a Deputy Superintendent of Policeinvestigates an offence under Section 120B, read withSection 420, Penal Code and Section 5(2), Prevention ofCorruption Act of 1947 without complying withthe provisions of Section 5(4) (now Section 5A) of the latter Act, such failure would vitiate the entire proceedings in Court based on the charge-sheet submitted by the Investigating Officer; And 2. Was the case of 'Sudhir Kumar v. The State', : AIR1953Cal226 , in so far as it decided that the entire proceedings in Court would be vitiated in such circumstances, rightly decided?2. Since the reference was made, the identical question has been decided by the Supreme-Court and we are ther...
Corporation of Calcutta Vs. Union Jute Co. Ltd.
Court: Kolkata
Decided on: Jul-12-1955
Reported in: AIR1957Cal230,60CWN153
Bachawat, J.1. This is an appeal from an order of the Small Cause Court Judge, Sealdah, relating to the valuation of premises No. 10, Radhanath Choudhury Road in Ward No. 19 of this city,2. The premises was assessed under Section 127(b) of the Calcutta Municipal Act, 1923, for the second quarter of 1941-42 at an annual valuation of Rs. 8669/-.3. There was a general re-valuation of the premises with effect from the 1st of July, 1947 upto 30th of September, 1950. This valuation formed the subject matter of Municipal Appeal No. 335 of 1951. This appeal is from the order passed by the learned Judge of the Court of Small Causes in Municipal Appeal No. 335 of 1951, There was also a general re-valuation of the premises with effect from the 1st of October, 1950. This valuation formed the subject matter of the Municipal Appeal No, 247 of 1951.4. It is common case that on the same date on which the Judge of the Small Cause Court delivered his judgment in Municipal Appeal No. 335 of 1951, he also...
Anath Bandhu Deb Vs. Dominion of India
Court: Kolkata
Decided on: Jul-11-1955
Reported in: AIR1955Cal626
P.B. Mukharji, J.1. This is plaintiff's action against the Union of India for the recovery of two sums of money, one for Rs. 12,161/- and the other for damages amounting to Rs. 49,186-8-0 As the suit was instituted in 1948, the original defendant) named was the Dominion of India. The plaintiff has give up his claim for damages for Rs. 49,186-8 and that is recorded. The suit, therefore, is now only for the recovery of Rs. 12,161/-. That is the only issue.2. The plaintiff claims this sum of Rs. 12,161/-on the ground that it paid this sum to the Government as the purchase price of certain bricks from the Government The plaintiff alleges that the Government failed to deriver the bricks. The plaintiff, therefore, claims refund of the sum of Rs. 12,161/-.3. The facts of the case are short and simple. The plaintiff pleads that towards the end of June or the beginning of July, 1946 the Governor-General in Council for undivided India invited benders for the purchase of surplus bricks and brickb...
Supdt. and Remembrancer of Legal Affairs to the Govt. of West Bengal V ...
Court: Kolkata
Decided on: Jul-08-1955
Reported in: AIR1956Cal316,1956CriLJ746,59CWN1042
Chakravartti, C.J. 1. This is an application by the State Government under Article 134(1)(c) of the Constitution of India for leave to appeal to the Supreme Court against certain orders of acquittal passed by this Court in an appeal. The acquittals complained of fall into two classes. In certain cases, the accused concerned has been acquitted of certain of the charges of which he had been convicted by the trial court, while his conviction under certain other charges has been maintained. In the case of one accused, however, he has been acquitted altogether. The State Government desires to appeal not only from the order of the complete acquittal, but also from the orders of what I may call, partial acquittals. They have asked for the re-arrest of three persons, of whom one is the accused who has been acquitted altogether. The two others are persons in whose case the convictions of a more serious offence and thehigher sentence passed for them have been set aside, while convictions under a...
Nimoo Pal Majumdar Vs. the State
Court: Kolkata
Decided on: Jul-08-1955
Reported in: AIR1955Cal559,1955CriLJ1358
Mitter, J.1. The appellant was tried upon a charge of murder by a learned Additional Sessions Judge of 24 Parganas sitting with a jury. The jury by a unanimous verdict found the appellant not guilty under Section 302 of the Penal Code but by a majority verdict of seven to two found him guilty under Part II of Section 304 of the Penal Code. The learned Judge accepted the majority verdict of guilty under part II of Section 304 of the Penal Code, convicted the appellant of the relative offence and sentenced him to suffer rigorous imprisonment for seven years.2. The prosecution case against the appellant was as follows: The appellant resided within the jurisdiction of Tollygunge Bengal Police station and was the leader of a party. The deceased Umaprosad Chakravarty was the leader of another party formed for the purpose of thwarting the appellant's party which indulged in certain misdeeds. On one or two previous occasions, there had been free fights between the two parties.On 2-9-1953, at n...
Lachmi Narayan Jute Manufacturing Co. Ltd. Vs. Dwip Narayan Singh
Court: Kolkata
Decided on: Jul-07-1955
Reported in: AIR1956Cal65,59CWN1095
ORDER1. The petitioner brought a suit on 25-4-1953, on the Original Side of this Court against the opposite party Dwip Narain Singh and also one Chandra Sekhar Singh on a claim of Rs. 21,500/- on the averment that pursuant to an agreement between it and the defendants in February 1944, that they would sell and deliver bricks to it at the agreed price and a mutual open and current account will be kept in respect thereof, the defendant did supply bricks between February, 1944 and July, 1950, and that it is found that the payments which the plaintiff had made form time to time have resulted in an over-payment to the defendants to the extent of Rs. 21,500. On 13-8-1955, a suit was brought by the opposite party Dwip Narain Singh alone as plaintiff in the 2nd Court of the Subordinate Judge at Hooghly on a claim of Rs. 7236/- on account of bricks said to have been supplied to the present petitioner as per written order dated 14-7-1950. The defence of the present petitioner in that suit is tha...
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