Kolkata Court January 1956 Judgments
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Ganesh Export and Import Co. Vs. Mahadeolal Nathmal
Court: Kolkata
Decided on: Jan-27-1956
Reported in: AIR1956Cal188,[1955]25CompCas357(Cal),59CWN891
Chakravartti, C.J. 1. The judgment of the Court will be delivered by my learned brother. I only desire to make a few general observations on the point of law involved in the appeal and two of the cases. 2. The actual question to be decided in the case is whether, in the liquidation of the Sisir Oil Industries Ltd., the respondents can claim to be paid a sum of Rs. 3,01,397-4-3 in priority over all creditors of the company. Of that amount, a sum of Rs. 3,00,000/- is claimed by way of refund of a security deposit made for the due performance of an agreement and the balance is claimed as interest on that sum, both under the terms of the agreement itself. 3. The insolvent in the present case is a company. Upon an order for the winding up of a company being made, the liquidator is to collect and distribute its assets among the creditors and thereafter if there be a surplus, among the contribute ries, subject to the rights of the secured creditors and the claim, if any, of some of the credit...
Jyoti Brothers Vs. Shree Durga Mining Co.
Court: Kolkata
Decided on: Jan-27-1956
Reported in: AIR1956Cal280,60CWN420
ORDERP.B. Mukharji, J.1. This is an application for stay of a suit under Section 34, Arbitration Act. The Arbitration clause in this case is in the following terms:--'In the event of any dispute arising out of this contract the same can be settled by Arbitration held by a Chamber of Commerce at Madras. Their decision shall be binding to the Buyers and the Sellers'.2. The suit which the plaintiff filed in this case is a suit claiming damages for breach of contract for non-delivery of the goods. The allegation is that the defendant agreed to sell and the plaintiff agreed to buy certain cargo loads of iron ore. The Arbitration clause that I have set out appears in this contracts.3. Apparently if there is a valid Arbitration agreement in that clause quoted above, the disputes alleged in the plaint are unquestionably disputes which come within the ambit of that Arbitration clause. But the whole point is whether this is a valid Arbitration agreement at all. Before discussing the construction...
Sk. Abdul Mannan and ors. Vs. Mutwali of Sm. Janebali and ors.
Court: Kolkata
Decided on: Jan-25-1956
Reported in: AIR1956Cal584
P.N. Mookerjee, J.1. On 29-1-1946, the plaintiff respondent brought the present suit for declaration of her title to the suit properties as Mutwalli of the Waqf, to which the said properties were admittedly dedicated. The two deeds of Wakf covering the disputed properties were not challenged by either party to the suit but the controversy centred round the plaintiffs's claim to the Mutwalliship. This claim was resisted on two grounds, namely, (1) that under the relevant deeds of Wakf (Exs. C and C(1)) the plaintiff could not claim the Mutwalliship and (2) that the plaintiff's title, if any, to the said Mutwalliship had become' extinguished by reason of a transfer (vide Ex. E dated 6-10-1942) made by her in favour of the defendant 1's predecessor Behatar Mondal. Both the defences were negatived by the court below. Hence this appeal by the contesting defendants Nos. 1 to 5 and 8.2. There is no dispute that the suit properties (along with other properties) originally belonged to one Ematu...
David Mitchell Vs. Commr. of Income-tax, West Bengal
Court: Kolkata
Decided on: Jan-25-1956
Reported in: AIR1956Cal516,[1956]30ITR701(Cal)
Chakravartti C.J.1. There are two References before us which are really one. They comprise six questions o law, two referred at the instance of the Commissioner of Income-tax and four referred at the instance of the assessee. The original Reference, which is Reference No. 70 of 1951, comprised five questions. The assessee wanted a sixth question to be referred and applied successfully to this Court under Section 66(2) of the Act. In pursuance of the directions given on that application, the Tribunal has referred a further question by a supplementary statement of case. That Reference is Reference No. 38 of 1953.2. The References cover two assessment years namely, 1947-48 and 1948-49. The relative accounting years are different, according as the income concerned is the partnership income of the assessee or income from other sources. With respect to the partnership income, the accounting years are those ended on 30,4-1946 and 30-4-1947, but with those accounting years, we are not concerne...
Ajahar Ali and anr. Vs. the State
Court: Kolkata
Decided on: Jan-24-1956
Reported in: AIR1956Cal157,1956CriLJ532
ORDERDebabrata Mookerjee, J.1. This revision petition is directed against an order of a Magistrate at Alipore forfeiting a cycle rikshaw under Section 38A, Calcutta Suburban Police Act (Bengal Act 2 of 1866).2. One Narendra Nath was convicted under Section 38A of the Bengal Act 2 of 1866 for having as alleged plied a rikshaw without a licence. Upon conviction the rikshaw was forfeited by the learned Magistrate by an order dated 30-10-1954. Thereafter on 12-11-1954 an application was made by the petitioner for return of the cycle rickshaw of which he claimed to be the owner.The Magistrate declined to make an order on the ground that he was not in seisin of the case and therefore he could not any longer pass any orders with respect to the cycle rikshaw. This application was presumably treated as one under Section 517, Criminal P. C., and the petitioner being dissatisfied with the Order of the Magistrate, took an appeal to the Sessions Judge of 24-Parganas who however by an order dated 31...
Bimala Bala Devi Vs. Batakrishna Das Ghose
Court: Kolkata
Decided on: Jan-24-1956
Reported in: AIR1957Cal308
Guha, J. 1. This appeal by Bimala Bala Debt who was the landlady in respect of certain premises arises out of an application under Sec. 47 C.P.C. filed by Bata Krishna Das Ghose, the present respondent. The relevant facts are briefly as follows: On 19-9-51 the present appellant obtained an ex parte decree against the respondent in respect of the disputed premises, and she started execution proceedings. The present respondent, however, filed an application under Order 9, rule 13 C.P.C. for setting aside the ex parte decree. That application was dismissed by the trial court. Against that decision an appeal was preferred by the present respondent and arguments were heard on 5-7-52, On 10-7-52 judgment was delivered by the appellate court dismissing the appeal. On 11-7-52 the present respondent filed an application under section 47 O.P.O. praying for dismissal of the execution case alleging adjustment of the decree on 6-7-52. This application was dismissed by the trial court. The lower app...
Hindusthan Commercial Bank Ltd. Vs. Laxmi Narayan Saha and anr.
Court: Kolkata
Decided on: Jan-19-1956
Reported in: AIR1957Cal72,61CWN118
Bachawat, J. 1. This revision petition is directed against an order of the learned Subordinate Judge, Alipore releasing certain property from attachment in a Claim Case. 2. Hindusthan Commercial Bank Ltd., the petitioner before us is the owner of a money decree against opposite party 2, Makhan Lal Ganguly passed in Suit No. 1464 of 1049 by this Court in its original jurisdiction. The Bank in execution of this decree attached another decree which was passed in favour of Makhan Lal Ganguly against the Chinese Tannery Owners' Association and others in Title Suit No. 142 of 1953 (Originally numbered as Title Suit No. 75 of 1950) of the Court of the 1st Subordinate Judge, Alipore. Thereupon, opposite party 1, Lakshmi Narayan Saha filed a petition under Rule 58 of Order 21, Civil P. C. for the release of the attachment. Lakshmi Narayan Saha claims title to the attached decree by virtue of a deed of assignment dated 30-10-1951. This deed was executed by Makhan Lal Ganguly in favour of Lakshmi...
Sm. Monorama Kundu Vs. Fire and General Insurance Company of India Ltd ...
Court: Kolkata
Decided on: Jan-18-1956
Reported in: AIR1956Cal226,60CWN376
ORDERP.B. Mukharji, J. 1. This is an application for execution by the decree-holder. The decree-holder obtained her decree on 29-3-1955 against the Fire and General Insurance Company of India Limited. The present application is for realisation of the balance of the decree amounting to Rs. 62,973-10-3.The decree-holder asks to realise this money from the judgment-debtor by attachment of the sum of Rs. 3,53,300/- in G. P. Notes kept in deposit by the judgment-debtor with the Reserve Bank of India, Calcutta, under Section 7 of the Insurance Act.2. The applicant first obtained an 'ex parte' order which later was set aside on the application of the Controller of Insurance on the ground that the procedure laid down by Section 106A of the Insurance Act had not been followed. That section provides that when an application is made to the Court for making any order to which this section applies the Court shall, unless the Controller has himself made the application or has been made a party there...
The Corporation of Calcutta Vs. Dip Narayan Lachmi Prasad
Court: Kolkata
Decided on: Jan-18-1956
Reported in: 1957CriLJ249
ORDERDebabrata Mookerjee, J.1. The petitioner Corporation of Calcutta prosecuted the opposite party under Section 439 (5)/537 of the Calcutta Municipal Act 1951 for using certain premises in a forbidden area for purposes referred to in Section 437 of the Act.2. The opposite party was tried by a Municipal Magistrate upon the charge, who however by an order dated the 7th July 1955 acquitted him. The Corporation of Calcutta thereafter applied to this Court and obtained the present rule, which was issued to show cause why the acquittal should not be set aside and the opposite party retried in accordance with law.3. The facts shortly stated are that the opposite party carried on at No. 3 Raja Gopi Mohan Street the business of storing for sale 'Iron Scrap' in contravention of a notification issued by the Corporation of Calcutta dated the 26th July, 1951 under Section 387 of Calcutta Municipal Act of 1923. A sanitary inspector visited the place on the 31st March 1954 and found the petitioner ...
Ramballav Dhandhania Vs. Gangadhar Nathmall
Court: Kolkata
Decided on: Jan-13-1956
Reported in: AIR1956Cal275
ORDERP.B. Mukharji, J. 1. These are three applications and Counsel engaged in them are all agreed that the decision in one will cover the decision in the other two, the point of law being the same in each case. The application that was argued before me is the application on behalf of Rama Devi, the widow of Nathmull Periwal deceased of No. 26/3, Armenian Street, Calcutta in Suit No. 369 of 1953 (Ramballav Dhandhania v. Gangadhar Nathmull) for removal-of the attachment levied at the instance of the plaintiff on the moneys payable under the Insurance Policies effected by the deceased. 2. The plaintiff in this suit obtained a decree against the defendant firm Gangadhar Nathmull. The firm, was a registered firm with two partners, Gangadhar Periwal and Nathmull Periwal. The decree was dated 16-1-1953. Nathmull Periwal died on 2-5-1955, leaving the applicant as his widow and Dhanpatrai Pachisia as his son-in-law. Prior to his death, Nathmull Periwal insured his life with Messrs. National Ins...
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