Kolkata Court November 1956 Judgments
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Dulaldas Mullick and ors. Vs. Ganesh Das Damani and ors.
Court: Kolkata
Decided on: Nov-30-1956
Reported in: AIR1957Cal280
P.B. Mukhakji, J. 1. This is an appeal from the judgment of the learned trial Judge dismissing the plaintiff's suit with costs.2. The suit was instituted by the plaintiff on the 17th February, 1950, for the delivery of possession of a shop room in premises No. 46/A, Netaji Subhas Road, Calcutta, and for seeking other incidental reliefs. The plaintiff's case was that he was carrying on business as a dealer inpaints and varnish at the said shop room as a monthly tenant paying rent at the rate of Rs. 144-6 per month under the name and style of D. Mullick & Company. He was indebted to a person called Gopal Lal Daga who instituted a suit being Suit No. 610 of IMS against the present plaintiff under Order 37, Civil P. C., for the sum of Rs. 3735-9-9 on certain hundis. That suit was decreed with costs on 7-5-1948. The decree-holder Daga of that case started execution proceedings and in course of such execution proceedings the furniture, stock-in-trade and goodwill of the business of D. Mullic...
Mulukh Raj Sharma Vs. Dhanabanta Debi and ors.
Court: Kolkata
Decided on: Nov-30-1956
Reported in: AIR1957Cal322,62CWN29
P.N. Mookerjee, J. 1. On the 12th March 1954, opposite party No. 1 Dhanabanta Debi applied before the District Judge, Howrah, for being appointed guardian of the person and property of her minor sons Syamser Sarma, Biswanath Sarma, Srinath Sarma and Sewbachan Sarma. In her said application, the opposite party No. 1 alleged inter alia that the said minors were her sons by her deceased husband Pandit Shanta Ram sarma and wore living with her under her care and in her custody, that they were owners in possession of holding No. 02 Sanatan Mistry Lane, Salkia, and that their debts amounted to Rs. 3,200/-. The application, however, did not contain any very specific relevant statement as to why it was necessary to appoint a guardian of the property of the minors. This defect appears to have been cured by subsequent applications, from which it appears that the minors' only source of maintenance was the income from the tenants of the said property and there was difficulty in the matter of reali...
Sriram Jhaburmull Vs. S.C. Das Gupta and ors.
Court: Kolkata
Decided on: Nov-29-1956
Reported in: AIR1957Cal254
Chakravartti, C.J. 1. This is an appeal from an order of Sinha J., dated 27-1-1954, by which he discharged a Rule issued by himself under Article 226 of the Constitution, requiring the respondents to show cause why the records of a certificate proceeding started against the appellant should not be brought up to this Court in order that the said proceeding and all orders passed therein might be quashed by a writ of certiorari. There were prayers for other reliefs as well, but it is not necessary to refer to them.2. Broadly stated, the facts are as follows: The assesses is a Hindu undivided family. For the chargeable accounting period 26-3-1942, up to 13-4-1943 it filed a return and showed profits below Rs. 25,000/. On what date the return was filed does not appear. On 10-9-1947, the Excess Profits Tax Officer made a provisional assessment under Section 14A, Excess Profits Tax Act and determined the tax payable by the assessee at Rs. 6,00,000/-. On what profits that tax was computed does...
Bata Krishna Barman Vs. Assistant Secretary, (Department of Civil Supp ...
Court: Kolkata
Decided on: Nov-29-1956
Reported in: (1957)IILLJ260Cal
Bose, J.1. This is an application under Article 226 of the Constitution for an appropriate writ directing the opposite parties to cancel or withdraw certain orders passed toy the Director of Transportation directing payment of only subsistence allowance to the petitioner as a disciplinary measure during the period of the petitioner's suspension.2. The case of the petitioner is that by a memorandum dated 29 June 1945 the petitioner was appointed as a sub-inspector in the Department of the Director-General, Transportation and Storage, Government of West Bengal. On 21 December 1951, the petitioner was placed under suspension pending certain allegations against him. This order of suspension further directed that the petitioner would get 25 per cent of his basic pay as subsistence allowance during the period of his suspension. On 19/21 January 1952 there was served upon the petitioner a notice to show cause as to why the petitioner should not be dismissed from service or otherwise dealt wit...
Kalipada Das and anr. Vs. Sm. Kiron Bala Dassi
Court: Kolkata
Decided on: Nov-29-1956
Reported in: 1958CriLJ572
ORDERDebabrata Mookerjee, J.1. These two petitioners were tried before the Banibon Union Bench in the district: of Howrah upon a charge under Section 447 of the Indian Penal Code. There was an additional charge under Section 504 of the Code against petitioner No. 1 Kalipada Das. under Section 447, the two petitioners were sentenced to pay a fine of Rs. 15/- each. In default of payment of the fines under that section, the petitioner Kalipada Das was sentenced to suffer simple imprisonment for seven days while petitioner Chittaranjan Das was sentenced to suffer simple imprisonment for five days. under Section 504 petitioner Kalipada was; further convicted and sentenced to pay a fine of Rs. 10/-, in default to suffer simple imprisonment for seven days.2. There was an application under Section 71 of the Bengal Village Self-Government Act 1919 and the Additional District Magistrate, Howrah-set aside the conviction and sentence passed on the petitioner Kalipada Das under Section 504 of the I...
Rajendra Nath Mondal Vs. Anukul Chandra Biswas
Court: Kolkata
Decided on: Nov-28-1956
Reported in: AIR1957Cal139,1957CriLJ365
ORDERDebabrata Mookerjee, J.1. This is a reference made by the Additional Sessions Judge of Hooghl recommending that a search warrant under Section 100 of the Code of Criminal Procedure for discovery of a minor girl be quashed.2. The facts briefly stated are that one Rajendra Nath Mondal applied to the Sub-Divisional Magistrate of Chinsurah for the issue of a search warrant for discovery of his wife who was said to have been detained by the girl's father at a place in the district of Nadia. The allegations by the applicant husband were that Parvati, a minor, had been taken away by her father, Anukul Chandra Biswas about a year and a half prior to the date of the application, In her father's house Parvati gavebirth to a child and she was thereafter detained against her wishes by the father. On receipt of this application the Sub-Divisional Magistrate, Chin-surah, directed the issue of a search warrant under Section 100 of the Code of Criminal Procedure for recovery of the girl. The oppo...
M.M. Ispahani Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Nov-26-1956
Reported in: AIR1957Cal430
ORDERSinha, J.1. The facts in this case are shortly as follows: 2. Before the partition of India the petitioner company carried on business in an extensive scale from Calcutta. After partition, for a time work was carried on both in India and in Eastern Pakistan and I am informed that now the business is carried on in Pakistan only For the assessment year 1948-49, while the petitioner carried on business in both the dominions of India and Pakistan it was assessed for the sum of Rs. 7,08,003/13/- as income-tax. There were a number of adjustments, and sometime in March 1950 certain proceedings under the Public Demands Recovery Act were commenced. It is unnecessary to go into the details of certificate proceedings, which extended from 1950 onwards, but it will be necessary only to state a few important dates. In or about May 1951, the petitioner filed an objection under Rule 9 of the Public Demands Recovery Act denying liability. On the 16th December 1953 one Sri D. K. Ghosh, purporting t...
Shashi Bhusan Maity and ors. Vs. the State
Court: Kolkata
Decided on: Nov-23-1956
Reported in: AIR1957Cal148,1957CriLJ367
ORDERDebabrata Mookerjee, J. 1. These five petitioners have been convicted of an offence under Section 406 of the Indian Penal Code and each sentenced to pay a fine of Rs. 80/- in default to suffer rigorous imprisonment for two months. The trial was held by a Magistrate of the 2nd class at Arambagh. Upon conviction the petitioners took an appeal to the Sessions Judge which was dealt with and disposed of by the Additional Sessions Judge who dismissed the appeal. Thereafter the petitioners applied to this Court and obtained the present Rule. 2. The facts briefly stated are that one Indra Maity claimed to be in possession of certain lands and to have grown crops thereon in the year 1360 B.S. The petitioners and others thereafter attempted to cut away the paddy grown by him. It is said that certain proceedings Under Section 144 of the Code of Criminal Procedure were instituted but they do not appear to have been prosecuted. Indra Maity preferred to bring an action before the Civil Court an...
M.B. Sirkar and Sons Vs. S. Banerjee and ors.
Court: Kolkata
Decided on: Nov-23-1956
Reported in: AIR1957Cal249
ORDERSinha, J.1. The petitioner is a private company with unlimited liability carrying on business as manufactures of jewellery. For the assessment year 1947-48 it was assessed by the Income-tax Officer, Companies Dist. I, Calcutta. The amount assessed was a considerable sum approximating to about Rs. 50,000/- part of which has been paid and about Rs. 40,000/- is still due. The Income-tax Officer thereafter issued a notice of demand under Section 29, Income Tax Act. The petitioner preferred, an appeal before the Appellate Commissioner of Income-tax Range 'C' Calcutta. The appeal was dismissed and the assessment upheld by the order dated 30-4-1952. The petitioner thereupon preferred a further appeal, being Income-tax Appeal No. 1929 of 1952-53 before the Income-tax Appellate Tribunal Calcutta Bench. The said Tribunal remanded the matter for a report and after the report was submitted rejected the appeal, that is to say, the assessment of the Income-tax Officer was again confirmed. There...
Barrackpore Bus Syndicate Vs. SerajuddIn and ors.
Court: Kolkata
Decided on: Nov-21-1956
Reported in: AIR1957Cal444,61CWN217
ORDERSinha, J.1. The facts in this case are briefly as follows:2. The Respondent No. 1, Sk. Serajuddin, owned ten buses or stage carriages Which were plying on divers routes In Calcutta and its suburbs. In September 1950, permits for eight buses out of the said ten buses were cancelled and permits were granted to the said Respondent for two buses on Route No. 33. Since then the said route was taken over for plying State Buses of the Government of West Bengal. In March 1954, the Regional Transport Authority directed that the said two buses should ply on Route 12C with effect from April 1954. On June 21, 1954, the said Respondent, made an application for variation of the permits in nig favour by transfer of his buses from Route No. 12C to Route No. 78. The said application was recom-mended and forwarded by the Additional District Magistrate 24 Perganas to the R.T.A. Calcutta. The R.T.A. gave notice of the said application to the petitioner Association and to the Directorate of Transporta...
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