Kolkata Court May 1956 Judgments
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Kiriti Bhushan Saha Mandal Vs. Tarubala Dasi
Court: Kolkata
Decided on: May-29-1956
Reported in: AIR1957Cal511,61CWN572
ORDERBachawat, J. 1. This revision petition arises out of an application for pre-emption under Section 24 of the West Bengal Non-Agricultural Tenancy Act. By a kobala Ext. A dated 17th July, 1952 one Dhani Bala sold in favour of the opposite party four annas share of her interest in C. S. plot No. 2515 of C. S. Khatian No. 15, mouja Purandarpur. The applicant for pre-emption has 12 annas share in the property sold by Ext. A. 2. Ext. 2 khatian shows that plot No. 2515 is part of a tenure with land of a total area of 177 decimal of which plots 2513 and 2515 cover 18 decimal and are khas lands of tenure holders. Plots Nos. 2513 are recorded as bhiti and the rest as tenanted. 3. Both Ext. 2 as also the kobala show that the interest of Dhani Bala is that of 'Madhya Sattadhikari Niskardar' 'Madhya Satta' clearly means and signifies a tenure. The term is used for the technical word tenure only; see Guide and Glossary to Survey and Settlement Records in Bengal, 1917. 4. Prima facie Dhani Bala'...
Birbhum Central Co-operative Bank Ltd. Vs. Pioneer Bank Ltd., (In Liqu ...
Court: Kolkata
Decided on: May-29-1956
Reported in: AIR1956Cal615
Chakravartti, C.J.1. The appellant bank which had obtained eight Demand Drafts from the Suri Banrch of the Pioneer Bank Ltd. against cash tender put in a claim in the liquidation of the latter bank for prior payment, but was admitted by the Liquidators only as an ordinary creditor. At the settlement of the claims before the learned Company Judge, the appellant's claim for being treated as a preferential creditor was pressed again, but it was rejected by Banerjee, j., who admitted as an ordinary creditors one Provash Chandra Mitra, the Manager of the appellant bank, in whose favour the drafts had actually been issued. The present appeal is directed against that order. It is contended that the amount of the drafts was actually paid over to the Suri Branch of the Pioneer Bank for transmission to Calcutta and there having thus been an entrust-ment for a specific purpose, the appellant bank was entitled in the liquidation of the Pioneer Bank to be repaid its money in preference to the ordin...
Tincowri Pramanik Vs. Narayan Chandra Mukherjee and anr.
Court: Kolkata
Decided on: May-28-1956
Reported in: AIR1957Cal364
R.P. Mookerjee, J.1. Nagendra Nath Banerjee died in 1939 leaving a will, dated 1-2-1931. He died without any issue and appointed his widow Umasasi as executrix. On 31-8-1944, Umasasi conveyed the property in suit to defendant No. 2 Tincowri Pramanik for a consideration of Rs. 24000/- purporting to pay herself the alleged dues of over Rs. 14000/ from her husband and for other debts incurred by her. The plaintiff Narayan Chandra claimed that Umasasi had got only a widow's estate under the will and she had no right or authority to dispose Of the property and that even if the same had been effected in her capacity as executrix, it was a collusive one and without any consideration. The plaintiff claimed to have a reversionary interest under the will. He accordingly prayed for a declaration that the will (alienation?) was invalid and did not bind the plaintiff or the estate of the testator,2. The principal defence was by the transferee Tincowri, defendant No. 2. It was contended 'inter alia'...
Chandrakanto Goswami Vs. Ram Mohini Debi and ors.
Court: Kolkata
Decided on: May-25-1956
Reported in: AIR1956Cal577,60CWN1006
P.N. Mookerjee J.1. In this partition appeal the principal question is whether the parties, who are Hindus, are governed by the Dayabhaga or by the Mitakshara law. The learned Subordinate Judge has accepted the defence contention and applied the Mitakshara law, reducing the plaintiff's claim of share from 6 annas to 4 annas and the plaintiff's present appeal which is from the preliminary decree for partition, made on that footing, is mainly directed against that finding.2. The genealogy is admitted except on one vital particular which we shall presently state. According to the common case of both the parties they are descended from a common ancestor Jadablal Goswami. Jadablal had two sons Anandalal and Brojolal. The plaintiff claims through Brojolal, he being the latter's grandson by his elder son Sunday. The defendants represented the branch of Anandalal and also that of the other son Bonwari of Sundar. So far as genealogy is concerned, the only difference between the parties lies in ...
Sm. Kalyani Debi Vs. Nirmal Kumar Panda
Court: Kolkata
Decided on: May-22-1956
Reported in: AIR1957Cal115,1957CriLJ177
ORDERGuha Ray, J. 1. This is a reference under Section 438, Criminal P. C. by the Additional Sessions Judge of Midnapore recommending that an order of a Magistrate directing the petitioner to pay the arrears of maintenance of Rs. 400/- by a certain date and further directing issue of a distress warrant in default of payment of the arrears by that date be set aside, and the learned Magistrate be directed to hold an inquiry into the question whether the opposite party, who is the wife of the petitioner, was living a life of adultery and whether the order allowing maintenance at the rate of Rs. 25/- per month to the wife and the child should be cancelled on that ground. 2. Kalyani Debi is admittedly the wife of Nirmal Kumar Panda. She claimed maintenance from her husband on 6-2-1951.The learned Magistrate allowed her maintenance at the rate of Rs. 25/- per month from the date of her application i.e. from 6-2-1954. He also allowed maintenance to the only child of the marriage at the rate o...
Corporation of Calcutta Vs. Sm. Padma Debi and ors.
Court: Kolkata
Decided on: May-22-1956
Reported in: AIR1957Cal466,61CWN129
Lahiri, J.1. The questions which arise for my consideration on this reference under Clause 36 of the Letters Patent have not been formulated by the Division Court which heard the appeal; but on going through the dissentient judgments of the two differing Judges (Guha Ray and Sen JJ.) I understand that they differed on the following questions:1. Whether in determining the annual, value of a building under Section 127 (a), Calcutta Municipal Act, 1923 the Corporation of Calcutta is bound by the standard rent fixed by a Rent Controller under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950.2. What is the meaning of the expression 'at the time of the assessment' occurring in Section 127(a), Calcutta Municipal Act, 1923?3. Whether in tin's particular case it can be said that a standard rent was in existence at the time of the assessment.2. I am not very sure whether I have -any jurisdiction to frame questions under Clause 36 of the Letters Patent for the purpose of ans...
Nanalal M. Varma and Co. (Gunnies) Private Ltd. Vs. G. Ambalal (Export ...
Court: Kolkata
Decided on: May-17-1956
Reported in: AIR1956Cal476,60CWN810
ORDERP.B. Mukharji, J.1. This is an application by Nanalal M. Varma & Co. (Gunnies) Private Limited for setting aside award No. 166 of 1956 of the Bengal Chamber of Commerce dated 3-2-1956 in case No. 861 of 1955.2. The award is challenged on five grounds. The first ground is that the arbitration clause and the rules of arbitration of the Bengal Chamber of Commerce and Industry, Calcutta are ultra vires the Constitution of India. The second ground is that the award is bad for erroneous exercise of discretion by the Arbitrators in refusing to state a case for the opinion of the Court. The third ground is that there was an erroneous exercise of discretion by the Arbitrators in refusing to permit Lawyers to represent the case of the applicant before the Arbitrators. These last two grounds are put forward as legal misconduct. The fourth ground is that the Arbitrators have no jurisdiction because the contract under which they were acting had been rescinded by one of the parties. The fifth g...
Srish Chandra Sen Vs. Commissioner of Income-tax, West Bengal
Court: Kolkata
Decided on: May-15-1956
Reported in: AIR1958Cal34
Chakravartti, C.J. 1. This Reference under Section 66(1) of the Indian Income-tax Act involves a question of law which it is not easy to decide. The difficulty of arriving at a decision, satisfactory at least to our own minds, has been increased by the fact that certain additional information which would have been of real assistance has not been available, although requisitions for it were made of the Board of Revenue, the Collector of 24 Parganas and the Corporation of Calcutta. Another difficulty has bean that although several pieces of documentary material were produced before the tribunal and have been referred to in their order, not one of them has been included in the paper book. Indeed, besides the application for a Reference and the respondent's reply, the paper book contains nothing except the several orders passed in connection with the assessments under reference and the assessment for a prior year. The Statement of the Case, again, is wholly useless. In form, it is merely t...
Anglo India Jute Mills Co. Ltd. Vs. S.K. Dutt and anr.
Court: Kolkata
Decided on: May-11-1956
Reported in: AIR1956Cal450,[1956]30ITR525(Cal)
Sinha, J. 1. This case involves a point of law under the Indian Income-tax Act, which though important is curiously enough a matter of first impression. The point arises in the following way: The petitioner, the Anglo India Jute Mills Co., Ltd. is a company incorporated under the Indian Companies Act and carries on business in Calcutta. Messrs. Clive Investment Trust Co. Ltd. is a Sterling Company registered in the Unitea Kingdom. It is now in liquidation. In the year 1947, the petitioner company acquired the entire share capital in a company called Landale & Clarke Ltd. The bulk of the shares was purchased from the Olive Investment Trust Co. Ltd. (2450 ordinary shares and 1900 preference shares). At the time of the transaction, the parties thought that the Capital Gains Act would be applicable and a sum of Rs. 1,48,812-8-0 was left with the purchasers in the anticipation that this would be sufficient to meet the capital levy. Needless to say that the sellers had sold the shares at a c...
Superintendent and Remembrancer of Legal Affairs, Govt. of West Bengal ...
Court: Kolkata
Decided on: May-10-1956
Reported in: AIR1957Cal20,60CWN743
J.P. Mitter, J. 1. These appeals against acquittals preferred by the State of West Bengal involve the interpretation of para 70 of the Coal Mines Provident Fund Scheme. 2. The facts leading up to the prosecution ofthe respondents were these: The respondents werethe partners of a firm carrying on business as colliery owners. Under the Coal Mines ProvidentFund Scheme, the respondents were liable to paytheir contribution in respect of the provident fundsof those of their employees who had Joined theProvident Fund Scheme. At the date of the institution of the complaint, a sum of Rs. 11,343-15 annaswas owing to the said Fund. The respondents hadalso defaulted in submitting duly stamped contribution cards for the periods ending 30-9-1951, and30-9-1952. On or about 10-8-1953, S. P. Sarma. Inspector, Coal Mines Provident Fund, submitted areport about the respondents having breached theprovisions of paras 33, 38 and 42 of the Coal MinesProvident Fund Scheme and asked for sanction fortheir prose...
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