Kolkata Court April 1956 Judgments
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Reckitt and Colman of India Ltd. and ors. Vs. Jitendra Nath Maitra and ...
Court: Kolkata
Decided on: Apr-27-1956
Reported in: AIR1956Cal353,60CWN648,(1957)ILLJ63Cal,(1957)ILLJ63Cal
ORDERSinha, J. 1. The facts in this case are briefly as follows : The first petitioner in this case is Reckitt & Colman of India Limited a company incorporated in India having its factories where it employs workmen. By an order dated 2-6-1954 the Government of West Bengal referred to the respondent 1 the 3rd Industrial Tribunal, Calcutta certain disputes between the company and its workmen represented by the union, namely, the Reckitt & Colman Workers' Union. A copy of the order of reference is annexed to the petition and marked with the letter 'A'. The proceedings before the respondent 1 commenced on 8-6-1954. A copy of the order sheet of proceedings before him up to 30-3-1954 is annexed to the petition and marked with the letter 'B'. For the purposes of this application it will be necessary to refer also to the subsequent order sheet a copy whereof has been produced at the hearing. I direct that the said copy be marked as an exhibit and also kept on the record. It appears from the or...
Nalini Nath Mitra and anr. Vs. BepIn Behari Das and ors.
Court: Kolkata
Decided on: Apr-27-1956
Reported in: AIR1956Cal525
Renupada Mukherjee, J.1. This appeal arises out of a suit for specific performance of an agreement for execution of a Dar Mourashi pattah by the defendants in favour of the plaintiff.2. This litigation lay in its embryo in a deed of agreement alleged to have been executed by one Sailendra Nath Mitra, predecesor-in-interest of the defendants, in favour of plaintiff Bepin Behari Das as early as 7-3-1921. Admittedly, the plaintiff took settlement of 10 bighas of land in village Kon-nagar in Hooghly District from Sailendra NathMitra for a term of 25 years at an annual rent of Rs. 300/- for the first 12 years and thereafter at Rs. 450 /- per annum for the next 13 years. The relevant pattah and kabuliyat were executed by the two parties on 6-8-1918 (21st Sravan 1325 B.S.). The term of the lease wag to expire with the end of the Bengali year 1348. The suit land is used for the purpose of manufacture of bricks and tiles and it is admitted that the plaintiff's predecessors had been in possessio...
Arbn. Jupiter General Insce. Co. Ltd. Vs. Corporation of Calcutta (wit ...
Court: Kolkata
Decided on: Apr-27-1956
Reported in: AIR1956Cal470
ORDERP.B. Mukharji, J.1. This is an application by Jupiter General Insurance Company Limited to set aside an award by Sir Rupendra Coomar Mitter dated 12-4-1955 and to declare it null and void.2. The dispute is between the applicant, an Insurance Company, and the Corporation of Calcutta. It arises out of a policy of insurance No. C. T. 890 which the Corporation of Calcutta took cut on 19-4-1952 whereby the Insurance Company agreed to indemnify the Corporation up to a limit of Rs. 1.50,000/- against any loss of money occasioned by robbery, theft, or any other cause whatever whilst in transit.3. What happened was that on 3-12-1952, a bag containing cheques of the value of Rs. 2,36,179*13-6 and cash amounting to Rs. 28,694-7-6 was removed at about 12 noon by an undetected thier from the office table of Bhupendra Krishna Sinha, a general clerk employed in the Treasurer's Department of the Corporation of Calcutta. Payment of the cheques was stopped and the moneys covered by such cheques wer...
Kanhayalal Dugar Vs. Ashkaran Kishanlal
Court: Kolkata
Decided on: Apr-26-1956
Reported in: AIR1957Cal658
ORDERP.B. Mukharji, J.1. This is an application by Kannayyalal Dugar for extending the time for making the award of the Tribunal of Arbitration of the Bengal Chamber of Commerce in Case No. 1001 of 1954 made on the 11th August, 1955 after the expiry of the time for making the same under Clause (3) of the First Schedule of Arbitration Act, 1940.2. The dispute has a rather chequered history. It relates to a contract for sale of 2000 maunds of jute on the 23rd April, 1952. There were quarrels between the parties about the manner of delivery and the dispute was referred to the Bengal Chamber of Commerce who made an award on the 10th February, 1953. Thereafter an application was made by the respondent for setting aside that award and the award was ultimately declared a nullity on the 16th August, 1953. That was the fate of the first award. The matter was again referred to the Arbitration of the Bengal Chamber of Commerce. The Court was constituted at first on the 29th September, 1954 with M...
Sharma Electric Engineering Works and ors. Vs. Radha Devi and anr.
Court: Kolkata
Decided on: Apr-24-1956
Reported in: AIR1957Cal227
Das Gupta, J.1. Twelve suits brought for ejectment of tenants of twelve separate rooms of premises No. 31, Mallick Street, were heard analogously and all the twelve suits were decreed. We are concerned now with only four of these. In these four, (he plaintiff, after averring that notices to quit were duly served, alleged that the tenants were not entitled to the protection of Sub-section (1) of Section 12 of the West Bengal Premises Kent Control (Temporary Provisions) Act, 1950, inasmuch as the premises in the occupation of each of these tenants were reasonably required by the landlord for the purpose of re-building. It was alleged that premises No. 31, Mallick Street, was a very aid house and that there was very great danger of the house falling down unless some of the walls were taken down and strengthened by re-construction after putting a steel frame. This, though denied by the tenants, was believed by the trial court and also by the court of appeal, which held that the landlord ha...
S. Ganesan Vs. A.K. Joscelyne
Court: Kolkata
Decided on: Apr-19-1956
Reported in: AIR1957Cal33
Chakravartti, C.J.1. This is a reference under Section 21(1), Chartered Accountants Act with respect to a complaint against one Mr. A. K. Joscelyne, who is a partner of Messrs. Lovelock and Lewes, a firm of Chartered Accountants of Calcutta. The Council's finding against him is that in certifying a Profit and Loss Account of a company, called the Deccan Sugar and Abkhari Co., Ltd.. for the year ending on 31-12-1946, as correct and prepared in accordance with law, he has been guilty of misconduct of the varieties mentioned under items (o) and (p) of the Schedule to the Act.2. It appears that from 1946 to 1952, Messrs. Lovelock and Lewes were appointed auditors of the Deccan Sugar and Abhkari Co., Ltd., in each successive year; The work was handled in different years by different partners of the firm. The Managing Agents of the company were another company, called Parry and Co., Ltd. At the time the Indian Companies Act was amended in 1936. the Managing Agents were already holding their ...
Sm. Patal Bala Debi Vs. Santimoy Majumdar
Court: Kolkata
Decided on: Apr-18-1956
Reported in: AIR1956Cal575
R.P. Mukherjee, J.1. The suit out of which this appeal has arisen was instituted in the Court below by appellant Sm. Patal Bala Debi for a declaration that a deed of gift alleged to have been executed by her in favour of the defendant-respondent on 10th Sravan, 1355 B.S. is fraudulent, illegal and inoperative. The subject-matter of the alleged gift is a pueea residential house in village Kasundia within police station Sibpore and Howrah town.2. The allegation of the plaintiff in brief was that the defendant, who is a distant nephew of plaintiff's deceased husband Harigopal Chatterjee, used to live at Halisahar and work in Dunlop Company. He began to visit the plaintiff at her house at Kasundia for some time prior to the execution of the disputed document and by professing care and affection for the plaintiff, he gradually wormed himself into her confidence and brought her under his influence. The plaintiff had some lands of her husband in village Satberia within the district of 24-Parg...
Hem Chandra Sen Gupta and ors. Vs. the Speaker of Legislative Assembly ...
Court: Kolkata
Decided on: Apr-17-1956
Reported in: AIR1956Cal378,60CWN555
ORDERSinha, J.1. There are four petitioners in this application. One of them is a sitting member of the West Bengal Legislative Assembly. The other three describe themselves as 'Citizens of West Bengal', by which they undoubtedly mean Citizen of the Indian Union residing in the State of West Bengal. The Union of India and the State of West Bengal have been made party respondents (No. 4 and No. 2). The other respondents are, Dr. Bidhan Chandra Roy, the Chief Minister of West Bengal (No. 3) and the Speaker of the West Bengal Legislative Assembly (No. 1).The prayers in the petition are all-embracing. They seek for the issue of a medley of high prerogative writs, including the writs of mandamus, certiorari and quo-warranto. They seek to restrain the Chief Minister from functioning or drawing his salary, to injunct the Speaker from presiding over the legislature, and generally to paralyse the administration of the State interalia by stopping recourse to the consolidated fund.At the hearing,...
Pankaj Kumar Ganguly and ors. Vs. Bank of India and ors.
Court: Kolkata
Decided on: Apr-17-1956
Reported in: AIR1957Cal560,60CWN602,(1956)IILLJ328Cal
Chakravartti, C.J.1. The only question involved in this appeal is whether Sinha, J., was right, in quashing by a writ of certiorari an order of the Labour Appellate Tribunal on the ground that the Tribunal had no jurisdiction to entertain the appeal in which the order had been made and had wrongly decided that it had such jurisdiction. The appellants contended that in so quashing the Tribunal's order, the learned Judge had himself assumed a jurisdiction which he did not possess under Article 223 of the Constitution and that his decision on the question of the Tribunal's jurisdiction was also wrong on the merits.2. The appeal has arisen out of an industrial dispute between the Bank of India and 13 out of its 87 probationary temporary employees in its office at Calcutta. The facts of the dispute have been set out by the learned Judge in careful detail, but for the purposes of the present appeal it is necessary to late only a few of them. It appears that on and from the 24th December 1951...
Divisional Superintendent, Eastern Rly., Asansole Vs. Suresh Chandra C ...
Court: Kolkata
Decided on: Apr-16-1956
Reported in: AIR1957Cal97,1957CriLJ175,60CWN588
ORDERGuha Ray, J.1. This is a reference under Section 438, Criminal P.C., made by the Additional Sessions Judge of Asansole recommending that an order of the Sub-divisional Magistrate, Asansole refusing to take action under Section 138, Railways Act on the petition of the Divisional Superintendent, East India Railway, Asansole, against Suresh Chandra Chakra-verty, a railway employee who had retired from the service of the railway, be set aside and that necessary directions under Section 133, Railways Act be given.2. Admittedly, Suresh Chandra Chakraverty retired from the service of the railway with effect from 16-11-1954, so that from that date he ceased to have any claim to live in the quarters occupied by him as a railway servant. The application under Section 138, Railways Act, was filed before the Subdivisional Magistrate on 24-4-1956. On that the learned Magistrate directed the officer-in-charge, Asansole P. S. to cause vacation of the railway quarters Unit No. ABC in Block No. 13...
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