Kolkata Court August 1955 Judgments
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New Churulia Coal Co. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-12-1955
Reported in: AIR1956Cal138
G.K. Mitter, J.1. This is a suit for recovery of a sum of Rs. 35,509-12-0, alternatively for an enquiry into damages suffered by the plaintiff, for interest and costs.2. The plaintiff is a Company with lis registered office at No. 8, Lyons Range, Calcutta; in the year 1946 it was in need of boilers which were then very much in short supply. In order to help Colliery companies and others who were in need of boilers the Government of India started importing second hand boilers from the United Kingdom and allotting them to such persons. One such boiler being a Lancashire boiler was allotted to the plaintiff. On arrival in India and delivery to the plaintiff the boiler was found defective. Repairs were undertaken and effected to it.The plaintiff's case is that even with the repairs the boiler is not what it had contracted for. According to the plaintiff the defendant had undertaken to supply a boiler with a working pressure of 150 Ibs. per square inch but even after the repairs the boiler ...
Calcutta Motor and Cycle Co. Vs. Collector of Customs and ors. Overruled
Court: Kolkata
Decided on: Aug-09-1955
Reported in: AIR1956Cal253
ORDERSinha, J.1. The facts of this case are shortly as follows. The petitioner, the Calcutta Motor and Cycle Co., is a firm registered under the Indian Partnership Act, carrying on business at No. 5, Bentinck Street, Calcutta. As is suggested by the name of the firm, its principal business is in cycles, motor cycles etc., but it seems that it is not confined to such articles only. The shop is situated at premises No. 5, Bentinck Street and its godown is situated at No. 16, Mangoe Lane.The Customs Authorities received certain Information that the petitioner firm along with various other firms, have been importing goods without valid licences, were not declaring the correct value or description of the goods at the time of importation, and were bringing into existence various documents for the purpose of creating evidence in their favour.It is stated that the Customs Authorities made enquiries, and came into possession of certain facts and eventually made an application before the Chief P...
Adwait Kumar Das Vs. the State
Court: Kolkata
Decided on: Aug-09-1955
Reported in: AIR1955Cal608,1955CriLJ1578
J.P. Mitter, J. 1. Appellant Adwait Kumar Das was convicted under Section 409, Penal Code, and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/-, in default, to undergo rigorous imprisonment for another fortnight2. The appellant was the registration cleric at counter No. II of Alipore Post Office from 24-10-1952 to 28-4-1953. Sometime before 28-4-1953, Postal Inspector P. W. 1, Nitish Chandra Bose, happened to inspect at the R.M.S. office some covers of the Alipore Post Office. His view was that some of the registered articles arid V. P. parcels emanating from the Alipore Post Office contained previously used stamps. Upon enquiry, it was learnt that the stamps in question had been issued by the appellant. The matter was reported to the Post Master General and under his direction P. W. 1, Nitish Chandra Bose and another official paid a surprise visit to Alipore Post Office at 11 a.m. on 28-4-1953. Later that day, at about 3 p.m. the appellant was...
Abdul Rafique Vs. District Judge
Court: Kolkata
Decided on: Aug-09-1955
Reported in: (1957)ILLJ504Cal
Sinha, J.1. The petitioner is a pleader's clerk attached to the District Court at Midnapore. He has been acting as such since the year 1910. The rules under which pleaders' and mukhtars' clerks are registered, are contained in Chap. 42 of the Civil Rules and Orders. Under those rules aregistered clerk' means a clerk who is employed by a pleader or mukhtar in connexion with his legal business and who is registered under these rules.2. An application for registration is to be made to the district authority who is the District Magistrate in all district headquarters stations in case of those ordinarily practising in magisterial courts, and the District Judge in all other cases. It is admitted that in this particular case the registering authority was the District Judge of Midnapore. The registering authority under the rules 'has the power of suspending or removing a registered clerk from acting as such, and can also cancel the licence.' The relevant rule reads as follows:Rule 987A(ii). An...
Sm. Kshiroda and anr. Vs. Debendra Nath Kar
Court: Kolkata
Decided on: Aug-05-1955
Reported in: AIR1957Cal200
1. On 18th April, 1946, the respondent plaintiff instituted the present suit for a declaration inter alia, that he was the sole shebait of the deity Sri Sri Iswar Dadhi Paban alias Dadhi Baman Jiu Thakur and for confirmation of his possession in that capacity, or, in the alternative, for recovery of possession upon a further declaration that the Criminal Court's order under Section 145 of the Code of Criminal Procedure in the defendant No. 1 appellant's favour in respect of the said land was illegal and not binding upon him (the plaintiff). In the plaintiff's suit, there were other consequential prayers in the shape of injunction and recovery of mesne profits. The suit was decreed by the trial Court and, on appeal, that decision has been affirmed by the learned Subordinate Judge. The contesting defendants Nos. 1 and 2 have now come up in second appeal.2. There is no dispute that the suit property belongs to the deity Sri Iswar Dadhi Baman Jiu Thakur. The contest really centres round th...
Abanindra Kumar Maity and anr. Vs. A.K. Majumdar and ors.
Court: Kolkata
Decided on: Aug-05-1955
Reported in: AIR1956Cal273,60CWN299
Chakravartti, C.J. 1. These are thirty Rules, taken out by the same or different owners of different plots of lands, so long cultivated by Bargadars under, them and are directed against orders passed by the Appellate Officer, in appeals by the Bargadars whereby orders passed by the Board, directing restoration of possession of the lands concerned to the petitioners were set aside.The principal ground on which the orders are challenged is that the West Bengal Bargadars Act, 1950, is ultra vires, being violative of Articles 19(l)(f), 19(l)(g) and 31(2), Constitution of India. The Rules were issued by one of us, but when they came up for final hearing, it appeared to him that it would be more advantageous, to have the important questions involved in the cases decided by a larger Bench. There were two reasons why that course appeared to be preferable. One was that the question of the alleged invalidity of the Act was one of fundamental importance and the same question was involved in a lar...
Sm. Durgadasi Dasi and ors. Vs. Krishna Behari Biswas and ors.
Court: Kolkata
Decided on: Aug-04-1955
Reported in: AIR1956Cal227,60CWN676
R.P. Mookerjee, J.1. The only question in issue in this appeal is whether the suit should be governed by Article 2 of Schedule III, Bengal Tenancy Act or by the six years rule of Limitation under Article 116, Limitation Act.2. The learned Subordinate Judge has held in favour of the plaintiff that the suit is governed by the general rule of limitation and not by the special limitation as under the Bengal Tenancy Act. The defendants have appealed to this Court.3. Only such facts as are relevant for the decision on the question of limitation need be referred to.4. The plaintiffs were patnidars in respect of four different patni jamas under the proprietors of a number of touzis. The predecessor in interest of the defendants had taken darpatni settlement under the said four patni jamas of the plaintiffs.The proprietors of the touzis under which the patnis were held put up the latter to sale in execution of rent decrees obtained by the former in respect of the different touzis. The patni int...
Ashutosh Das Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Aug-01-1955
Reported in: AIR1956Cal278,60CWN106
ORDERSinha, J.1. The petitioner was appointed in 1945 as a Storeman in the office of the Regional Controller of Procurement. In April, 1951 he was promoted to the rank of a junior assessor and at the relevant date was posted as a junior assessor in charge of the main procurement godown at Bhatar, Burdwan, under the Government of West Bengal, Department of Food, Relief and Supply (Food Branch office of the A.R.C.P. Burdwan. On or about 15-6-1954, the petitioner was served with a charge sheet in which the charge was that he had issued W.Q.S. certificates for a certain amount or 'Aman' paddy in favour of the Chief agent Messrs. Shaw Wallace and Company, as stocks purchased from Nasigram centre, although the stock was purchased from Bhatar.What happened was that some of the bags contained markings of Nasigram but the authorities considered that the original Bhatar marking's had been obliterated and the Nasigram markings Were illegally stencilled on the bags. The charge sheet accuses the pe...
Deputy Secretary to the Government of India Ministry of Finance (Depar ...
Court: Kolkata
Decided on: Aug-01-1955
Reported in: AIR1956Cal414,[1955]25CompCas413(Cal)
Chakravartti, C.J.1. The respondent, Sri S. N. Das Gupta, is a Fellow of the Institute of Chartered Accountants and practices his profession in Calcutta. For the years 1942, 1943 and 1944 he was the Auditor of the Aryan Bank Limited, which has since gone into liquidation and in fact acted as such Auditor. The reports he made were in terms of the usual formula, but those for the first two years were made subject to special reports.After the failure of the Bank, certain criminal proceedings were commenced against its Managing Director, the Director in Charge, the Secretary and another Director, which resulted, in the end, in the conviction of the first two accused persons of conspiracy to falsify the accounts of the Bank and of publication of false balance-sheets.In those criminal proceedings, the respondent was a prosecution witness and it appears that not only the records of the Bank, but his personal papers as well were seized in the course of the investigation. The criminal proceedin...
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