Kolkata Court February 1956 Judgments
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Sm. Kamala Banerjee Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Feb-14-1956
Reported in: AIR1956Cal563
Chakravartti, C.J.1. We have felt some embarrassment in dealing with this appeal, because while it is clear that the appellant has a just grievance, it is equally clear that no relief can be given to her in the form prayed for, nor indeed any relief in the present proceedings.2. The facts are as follows. The appellant was a candidate at the Bachelor of Teaching Examination of the University of Calcutta for 1954. She was appearing from the David Hare Training College, for the candidates who were taking their examination in Calcutta, the place of the examination was the Ashutosh Building. The candidates were accommodated in various rooms in the first floor and the second floor, a large number being given seats in a room called the Ashutosh Hall. The appellant had her seat in Boom No. 11 which is on the second floor and in the southern flank of the building and it is contiguous to the Ashutosh Hall.3. The examination in the first two papers went off smoothly. But on 14-5-1954, when the ex...
Manjur Ahmed and on His Death His Heirs and Legal Representatives, Akh ...
Court: Kolkata
Decided on: Feb-13-1956
Reported in: AIR1956Cal263,60CWN702
Bachawat, J.1. This dispute relates to Apportionment Case No. 49 of 1948, now pending before the President, Calcutta Improvement Tribunal. The dispute relates to premises Nos. 2 and 2/1/1, Deb Lane, of one Raj Ballav was admittedly the original owner. These properties are the subject-matter of acquisition and there have been numerous conflicting claims to this property. The Collector made a joint award in favour of Raj Lakshmi Dassi and several persons collectively known as the Dasses as also the Corporation of Calcutta.Raj Lakshmi Dassi claimed as the representative of Jogendra said to be the adopted son of Raj Ballav and by virtue of the provisions of the will of Raj Ballav and decrees passed in several suits. The Dasses claimed title as mortgagees. The Corporation claimed charge on account of arrears of taxes.The claims of the other claimants including Tulsi Manjuri Dassi, Bonamali Sen, Manjur Ahmed and Bechu Lal Shaw were disallowed. Tulsi Manjuri Dassi claimed title to a half shar...
Commissioner of South Dum Dum Municipality Vs. Om Khosla
Court: Kolkata
Decided on: Feb-13-1956
Reported in: AIR1956Cal237,1956CriLJ617
ORDERSen, J. 1. This is a reference under Section 438, Criminal P. C., by the learned Additional Sessions Judge of Alipore recommending that the conviction of the accused Om Khosla under Section 501, Bengal Municipal Act, 1932, and the sentence passed thereunder of a fine of Rs. 50/-, in default to simple imprisonment for one month, be set aside, 2. The facts o the case are briefly as follows : The Electrical . is a limited Company occupying the premises at 136 Jessore Road within the Dum Dum Municipality. On the information that the company had erected a tin shed and a building on the premises without any . sanction from the South Dum Dum Municipality in spite of notices served on the company to stop the illegal construction, the Commissioners of the Municipality filed a compliant against the company M/s. Electrical . describing the company as represented by Om Khosla. On receiving the complaint the Magistrate summoned Om Khosla under Section 501, Bengal Municipal Act and after trial ...
Bir Singh and anr. Vs. Sm. Hashi Rashi Banerjee and ors.
Court: Kolkata
Decided on: Feb-10-1956
Reported in: AIR1956Cal555
R.P. Mookerjee, J.1. One Biswanath Banerjee met path his death In a fatal accident on the Jessore Road due to a collusion between a passenger bus and a motor lorry carrying goods, the two coming from opposite directions. Biswanath was travelling in the bus. The plaintiffs respondents are the widow, a minor daughter, and his dependent parents. The plaintiS claimed under the Fatal Accidents Act (XII of 1855) compensation of Rs. 30,000/-. Originally the suit was brought against four persons who were described as the owners and the drivers of the bus and the lorry' in question as also 'Habib Bank Limited', described as the firm with which the lorry had been insured. Defence was filed on behalf of defendant No. 1, the owner of the bus. No appearance was entered on behalf of the two drivers (defendants Nos. 2 and 4) as also defendant No. 3 Ami-ruddin who was described in the plaint originally as the owner of the lorry.2. Written statement was filed on behalf of Habib Insurance Company Limite...
R.A. Dickie and Co. (Agencies) Ltd. Vs. the Municipal Board, Benares a ...
Court: Kolkata
Decided on: Feb-09-1956
Reported in: AIR1956Cal216
Bachawat, J.1. This revisional petition arises out of a suit instituted by the petitioner against the Municipal Board, Benares and its Administrator in the Court of Small Causes Calcutta, for the recovery of the price of goods said to be sold and delivered by the petitioner to the Municipal Board, Benares. 2. Four items of goods were despatched and sent by train from Calcutta to Benares by the petitioner to the Municipal Board. The petitioner submitted its bill for Rs. 1918/- dated 19-8-1949. By a letter dated 13-9-1949, the Municipal Board, Benares, rejected two items of goods on the ground of late supply and inferiority of quality.There was subsequent correspondence but the Municipal Board persisted in its contention that the goods were duly rejected. The petitioner served a formal notice dated 16-8-1950 on the Municipal Board. The petitioner instituted the present suit claiming a sum of Rs. 1660/- being the balance of the price of goods after giving credit for the sum of Rs. 258/- p...
Jhatu Charan Das and anr. Vs. Bhanu Chandra Das
Court: Kolkata
Decided on: Feb-03-1956
Reported in: AIR1956Cal220,1956CriLJ614
ORDERDebabrata Mookerjee, J. 1. This Rule is directed against an order of a Magistrate, First Class, Contai, dated 10-10-1955 by which a certain conditional order was made absolute under Section 137(3), Criminal P. C.2. The proceedings were instituted at the instance of the opposite party and they appear to have had a rather chequered career which it is necessary to notice.3. On 26-3-1955 the opposite party filed a petition whereupon the Sub-divisional Magistrate of Contai directed the issue of a notice on the petitioners to show cause why proceedings under Section 133, Criminal P. C. should not be drawn up against them. On the 20th April the petitioners appeared and prayed for time to show cause. Time was allowed till the 30th April.On the last mentioned date the petitioners appeared and produced certain papers in support of their contention. Obviously, the Magistrate was not satisfied as to the plausibility of the case made by the petitioners and then directed proceedings under Secti...
Panchu Kurmi Vs. the State
Court: Kolkata
Decided on: Feb-03-1956
Reported in: AIR1956Cal268,1956CriLJ743,60CWN799
ORDERDebabrata Mookerjee, J. 1. This Rule was issued to show cause why the conviction of the petitioner under Section 3 of Ordinance 19 of 1944 and the sentence passed thereunder should not be set aside. The petitioner was tried by a Magistrate of the First class, at Howrah. The prosecution case was that the petitioner and another were found In possession of some ball bearings which were said to be the properties of the railway and that the petitioner and his co-accused failed to offer satisfactory explanation of their possession of those goods. In these circumstances they were charged with having committed an offence under Section 3 of Ordinance 19 of 1944 (Railway Stores Unlawful Possession Ordinance 1944). Section 3 of the Ordinance is in these words: 'Whoever is found or is proved to have been in possession of any article of railway stores shall, if the Court sees reasonable grounds for believing such article to be or to have been the property ofthe administration of any federal ra...
Chimanlal Desai Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Feb-03-1956
Reported in: AIR1956Cal542
ORDERSinha, J.1. The petitioner in this application is an importer of goods from abroad. He has a license to import motor vehicle parts. In pursuance of the license, he has imported certain goods described in para. 6 of the petition. They are 'sirens' which, according to the petitioner, have been adapted for use in motor cycles. After importation, on or about 31-5-1954, the Assistant Collector of Customs for Appraisement, issued a show-cause notice on the petitioner, the purport whereof is set out in para 14 of the petition. It called upon the petitioner to show cause why the goods should not be confiscated and action taken under Section 167(8), Sea Customs Act, read with Section 3(2) of the Imports and Exports (Control) Act. The basis of this was that according to the opinion held by the Customs Authorities, the sirens imported were not covered by the import license which the petitioner had in respect of motor vehicle parts, and consequently these goods were imported without a license...
Bhartia Electric Steel Co. Ltd. Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Feb-02-1956
Reported in: AIR1956Cal299,[1956]7STC527(Cal)
ORDERSinha, J. 1. The petitioner in this case is Messrs. Bhartia Electric Steel Co., Ltd. It carries on the business of manufacturing steel casting, ingots, bars, rounds, flats and squares and selling the same after such manufacture. The petitioner is a registered dealer under Section 7 of the Bengal Finance (Sales Tax) Act 1941 (Bengal Act VI of 1941) hereinafter referred to as the 'Act'). Under Section 7 of the Act, no dealer, while being liable to pay tax under Section 4 of the Act, can carry on business unless he has been registered under the Act, and possesses a registration certificate. That is to say, a dealer whose turnover exceeds the taxable quantum and who had thus become liable to pay tax under the Act, must get himself registered and possess a registration certificate. The turnover of this particular company admittedly exceeds the taxable quantum and therefore it had to get itself registered. The petitioner company made application in the prescribed form. The application f...
Dhirendra Kumar Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-02-1956
Reported in: AIR1956Cal437
ORDERSinha, J.1. This is an application made by one Dhirendra Kumar Roy Chowdhury, as a member of an unincorporated society of persons known as the National Cricket Club, having its office at Eden Gardens, Calcutta. The facts are shortly as follows : There exists in the city of Calcutta, at a spot very near these Courts, an open space known as the Eden Gardens. In a part of the said Gardens there existed a cricket ground, which came into existence as far back as 1825. For a large number of years, and at the time when India attained independence, the cricket ground was in the* occupation of the Calcutta Cricket Club, the members whereof were mostly foreigners. After India attained independence, there was a move for taking over the lands and structures then in the possession of the Calcutta Cricket Club, and it appears that in or about 1950 an unincorporated association known as the National Cricket Club came into existence. The members of this Club raised a sum of about two lakhs and th...
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