Kolkata Court July 1955 Judgments
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Kotiswar Mukherjee and ors. Vs. Paresh Nath Mukherjee and ors.
Court: Kolkata
Decided on: Jul-07-1955
Reported in: AIR1956Cal205,60CWN821
R.P. Mookerjee, J.1. The plaintiffs-appellants and the defendants respondents claim Mohesh Chandra Banerjee as their predecessor-in-interest. Mohesh had one son Bamapada through his first wife, and four sons Debipada, Umapada, Khagendra and Haripada through his second wife. The plaintiffs are the descendants of Bamapada.The defendants axe the descendants of the other four sons of Mohesh. The plaintiffs filed the present suit out of which this appeal arises for partition of certain items of property which they claimed to be the joint properties of the family.The plaintiff further claimed that Mohesh had by a deed of gift in favour of his son Bamapada given six annas interest in fifty-two items of properties including the properties described in the schedule to the plaint. They accordingly claimed a six annas interest in the properties under the deed and an additional two annas interest as heirs of Mohesh.2. Two sets of written statements were filed by the defendants -- one set by defend...
Madan Mohan Das Vs. the State
Court: Kolkata
Decided on: Jul-06-1955
Reported in: AIR1956Cal25,1956CriLJ213
J.P. Mitter, J. 1. The appellant was convicted of an offence under Section 7(3) of the Essential Supplies Act 1946 for contravention of Clause 8 of Iron and Steel (Control of Production and Distribution) Order, 1941. The prosecution case against him was as follows: At all material times, he was a Director of Howrart Foundry Works Ltd., which received quota certificate No. SC/321804/SPI dated 22-4-1952 for 17 tons of structurals and 6 tons of G.C. sheets from the Assistant Controller, Iron and Steel, Government of India.The holder of a quota certificate being entitled to issue sub-quota certificates, Howrah Foundry Works Ltd., issued two sub-quota certificates, one in favour of Burn & Co., and the other in favour of Martin Burn Ltd. The sub-quota certificate issued to Martin Burn Ltd., was in respect of 6 tons of G.C. Sheets. Howrah Foundry Works Ltd., however, had no funds then to pay for and take delivery of the said quantity of G.C. sheets.On the authority of certain letters in the p...
Probir Chandra Pal and ors. Vs. Panchanan Choudhury
Court: Kolkata
Decided on: Jul-05-1955
Reported in: AIR1957Cal117,60CWN197
K.C. Das Gupta, J.1. This suit was brought by several deities through Panchanan Choudhury described as their shebaits. Though in a part of the plaint, language was used drawing distinction between fee shebait plaintiff and the deity plaintiffs, it appears clear, taking the plaint as a whole, that the suit was brought by the deities through Panchanan Choudhury as shebait and that the prayer that Panchanan's shebaiti right be declared was only for the purpose of establishing the maintainability of the suit. The relief sought was the declaration of the deities' title to the lands described in the schedule and for possession on eviction of the defendants. The previous shebait Hem Chandra had put the defendants in possession on giving a permanent lease in their favour; in a previous litigation brought by Panchanan as prospective shebait of the deity the permanent lease has been declared invalid and that is no longer disputed. The plaintiff's case is that the right of the defendants to be on...
Ramprobesh Missir Vs. the State
Court: Kolkata
Decided on: Jul-05-1955
Reported in: AIR1955Cal567
ORDERDebabrata Mookerjee, J.1. This revision petition raises an interesting question of law, viz., whether a conviction for infringement of a Rule under the Motor Vehicles Act will entail disqualification for holding a license to drive a motor vehicle in addition to the punishment to which the person convicted may be liable.2. The petitioner was convicted under Section 112 of the Motor Vehicles Act for violation of R. 90 (b) of the Bengal Motor Vehicles Rules. He has been sentenced to pay a fine of Rs. 20/- in default to suffer rigorous imprisonment for two weeks and his license has been suspended for a period of one month.3. The prosecution case briefly stated is that a football player had met with an accident in a village in the district of Hooghly which necessitated his removal to Calcutta. He was brought down to Howrah by train. When the brother of the injured person hired the petitioner's taxi at the Howrah Station stand in order that the injured might be carried in that taxi to a...
A.N. Sinha Vs. M.C. Mukherjee
Court: Kolkata
Decided on: Jul-04-1955
Reported in: AIR1956Cal146
ORDERSinha, J.1. The petitioner is a circus owner. It is an itinerant circus and moves from place to place. On 1-6-1954, the petitioner made an application before the District Magistrate, Birbhum for a license to show his circus at Rampurhat and Nalhati, commencing from 2nd week of July to first week of August 1954. On 24-6-1954 the District Magistrate of Birbhum wrote to the petitioner stating as follows:'You are directed to apply for license after the harvest'.2. This Rule was issued on 6-7-1954 calling upon the opposite party to show cause why the order dated 24-6-1954 should not be quashed and/orset aside and/or why a Writ in the nature of Mandamus should not issue directing him to proceed in accordance with the provisions of Bengal Places of Public Amusement Act (Act 10 of 1933) and/or why such further or other order or orders should not be made as to this Court may seem fit and proper.3. The period for which the license was asked for has since expired. It appears that on 6-6-1955...
Union of India (Uoi), (as Representing Eastern Rly. Administration) Vs ...
Court: Kolkata
Decided on: Jul-04-1955
Reported in: AIR1957Cal202,59CWN1064
ORDERLahiri, J.This Rule has been issued at the instance of the Union of India representing the Eastern Railway and it is directed against a decree for a sum of Rs. 174-14-6 together with costs and interest passed by the Small Cause Court Judge, Asansol. The facts of the case which are not in dispute may be stated as follows :The plaintiffs opposite parties were consignees of two consignments of handkerchiefs from Ahamedabad to Barakar under Railway Receipts No. 45622 and 34623 bearing the same date viz., 12-9-51. Theconsignments arrived at Barakar and when the plaintiffs went to take delivery, they were granted short delivery receipts of 29 dozens of handerchiefs in one consignment and 13 dozens in another consignment. The plaintiffs alleged that this shortage in both the consignments was due to gross and wilful neglect and misconduct on the part of the defendant Railway and that the consignments wore found to be 'tampered with and contents taken away' while the consignments were in t...
National Motor Industries Ltd. Vs. Birendra Nath Mitra and ors.
Court: Kolkata
Decided on: Jul-02-1955
Reported in: AIR1957Cal232,60CWN547
Das Gupta, J. 1. This Rule is directed against an order under Section 14 (4) of the West Bengal Premises Rent Control Act. The main objection of the tenant to the landlord's prayer for the order under Section 14 (4) of the Act with which we are concerned now is that there should be' suspension of rent because of the landlord's failure to carry out repairs which were necessary to make the premises habitable or useable except with great inconvenience. That a portion of the premises was in need of such repairs is no longer disputed. The learned Subordinate Judge has, however, held that the tenant is not entitled to suspension of rent because of the landlord's failure to carry out the repairs and has directed the tenant to deposit an amount of Rs. 4631-12 annas as arrears of rent within fifteen days of the order and Rs. 143-12 annas per month as rent with effect from February, 1955, by the 15th of the following month.2. The first question for consideration therefore is whether tenant is en...
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