Kolkata Court July 1956 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Calcutta National Bank Ltd. Vs. Sonapur Tea Co. Ltd.
Court: Kolkata
Decided on: Jul-26-1956
Reported in: AIR1957Cal9
P.B. Mukharji, J. 1. This is a suit instituted by the Calcutta National Bank Limited as early as 19-8-1949 claiming a decree for Rs. 6,04,513-10-5 and a charge for the same amount under a hypothecation deed. Since the institution of the suit the plain-tiff Bank has gone into liquidation. The order winding up the plaintiff Bank was made on 2-12-1952. The written statement of the defendant had been filed before that order of winding up. In fact the written statement was filed on 21-9-1949. 2. On behalf of the plaintiff bank now in liquidation Kanak Nath Bhattacharjee and Bimal Chandra Majumdar have given evidence. No one oil behalf of the defendant or the defendant himself has given evidence. 3. Kanak Nath Bhattacharjee on behalf of the plaintiff Bank has proved the hypothecation deed dated 10-1-1943 executed by the defendant company in favour of the plaintiff Bank. In fact Kanak Nath Bhattacharjee was an attesting witness to the deed. He also proved a copy of the statement of account, 1...
Bhagwandas Sitaram Vs. Albion Jute Mills Co. Ltd.
Court: Kolkata
Decided on: Jul-26-1956
Reported in: AIR1957Cal143
Bose, J. 1. This is a suit by the plaintiff for specific delivery of 50 bales of hessian cloth and in the alternative, for value of the said goods and in the further alternative, for recovery of a sura of Rs. 33,825/- as damages for conversion of the goods.2. The case of the plaintiff is that by contract in writing, bearing No. 3362 dated October 8, 1952, which was entered into in the standard Form 'A' of the Indian Jute Mills Association contract, the defendant No. 1, Albion Jute Mills Co., Ltd. sold to one Bhagwandas Goel & Sons 150 bales or three lakh yards of hessian cloth, under the said contract the goods were deliverable in November 1952. On November 21, 1952, the Bald Bhagwandas Goel & Sons issued shipping instructions to the defendant No. 1 for placing the said goods alongside the vessels s. 'Salatiga' on their own account, and pursuant to such shipping Instructions the defendant No. 1 placed the said 150 bales of hessian cloth alongside the said steamer within November 1952. ...
Durga Prosad Khaitan Vs. the Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Jul-26-1956
Reported in: AIR1956Cal596,[1957]8STC105(Cal)
ORDER1. The facts in this case are shortly as follows: The petitioner is Durga Prosad Khaitan. On or about 28-8-1954 an application was made to the Commercial Tax Officer, Canning Street, District II, Charge, Calcutta, for registration of the firm of Durga Prosad Shyamsundar, of which the petitioner is stated to be the proprietor, under the Bengal Finance (Sales Tax) Act, 1941. In the said application it was declared that the said firm was importer of goods from places outside Bengal and that the sales effected exceeded the taxable quantum on 13-8-1954. This application was received by the said Commercial Tax Officer on 2-9-1954. It has been subsequently found that the petitioner had exceeded the taxable quantum not on the date mentioned above, but on 20-7-1954. On 20-10-1854, the petitionter sont areminder to the Commercial Tax Officer complaining that the absence of registration was causing him great inconvenience. It was stated that the firm had made huge imports amounting to over R...
Mulluk Chand Mollah Vs. Surendra Nath Majumdar
Court: Kolkata
Decided on: Jul-25-1956
Reported in: AIR1957Cal217
Bachawat, J. 1. This second appeal arises out of a suit for rent. The dispute is as to the value of paddy rent payable under a lease dated the 22nd of May, 1883. The lease was made by a Kabuliyat and a Patta which are in identical terms. A copy of the Kabuh'yat is appended to this judgment 2. The trial Court awarded the price of the paddy specified in the Kabuliyat whereas the lower appellate Court awarded the current market price. The question is which judgment is correct. 3. The lease is a Mourashi lease. The annual rent is settled ('abadharit') at cash Rs. 15/- and paddy 6 Aris of the measure or Map of Ras 5 seers Doan. The rent is payable in 5 kists, the cash rent in the months of Ashar, Aswin, Pous and Falgoon and paddy rent in the month of Magh. The tenant is to deliver paddy free of cost at the residence of the landlord. 4. The rent is not wholly cash rent. Part of the rent is payable in kind. The tenant is under an obligation to deliver 6 Aris of paddy every year. This obligati...
MafizuddIn Khan Choudhury Vs. HabibuddIn Sheikh and anr.
Court: Kolkata
Decided on: Jul-25-1956
Reported in: AIR1957Cal336
R.P. Mookerjee, J.1. The plaintiff appellant had filed a suit for dissolution of a partnership with defendant No. 1 and for accounts. The plaintiff alleged that defendant Habibuddin had entered with him in partnership for carrying on business in silk in the District of Nadia. In Bhadra, 1352 B. S. the two partners agreed to start a spinning and reeling factory with the profits of the original business and purchased a machine and set up 12 ghais for the working of the factory. It was agreed that each would have a moiety share in the Profits, assets and stock in trade of the factory and that on the dissolution of the partnership the partners would first of all repay back the capital contributed by each and then they would share equally the profits and the assets. The plaintiff further alleged that the management of the factory and of the business was entrusted to the defendant respondent who kept the funds and maintained accounts. The latter had refused either to pay the dues of the plai...
Rameswar Tantia and anr. Vs. Mahabir Prosad Sureka
Court: Kolkata
Decided on: Jul-25-1956
Reported in: 1957CriLJ126
ORDERGuha Ray, J.1. The two petitioners Rameswar Tantia and Gobardhandas Binani, the General Secretary and the Vice-President, respectively, of the Marwari Relief Society which is a society incorporated under the Indian Companies Act of 1913 were convicted Under Section 282 B of the Indian Companies Act and sentenced each to pay a fine of Rs. 25/- each or in default to simple imprisonment for a week,2. The case for the prosecution briefly is that the complainant Mahabir Prasad Surekha, was appointed a salesman under the Rasayansala Department of the Society under Ex. 3 which is dated the 23-4-1953. One of the terms of this appointment was that the employee will have to deposit a cash security of Rs. 500/- on which he was to get 6 per cent. annual interest so long as the amount Would be kept in deposit with the Society and so long as the employee would continue in the service of the Society. Towards the end of the letter of appointment occurs the following paragraph.You will do only Soc...
State of West Bengal Vs. Brindaban Chandra Pramanik and anr.
Court: Kolkata
Decided on: Jul-24-1956
Reported in: AIR1957Cal44,61CWN27
P.N. Mookerjee, J. 1. To the respondents' claim for compensation (Rs. 7,253/10/-) for one thousand maunds and twenty seers of paddy, requisitioned in 1944 by the then Province of Bengal under Rule 75A of the Defence of India Rules, three technical defences were raised by the Province of West Bengal which, was made the sole defendant in the suit, brought in December, 1948. The merits of these defences have to be considered in the present appeal.2. The first two defences went to the root of the respondents' (plaintiffs') right of action --one attacking the maintainability of a suit of this nature, and the other raising the bar of limitation. The third defence denied the liability of the defendant, the Province of West Bengal, or for die matter of that, of the present State of West Bengal, for the plaintiffs' claim in view of the transitional Indian Independence (Rights, Property and Liabilities) Order, 1947, which admittedly governs the rights and liabilities of the parties before us. Th...
Gopal Krishna Ghose Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Jul-24-1956
Reported in: AIR1958Cal83
Sinha, J. 1. The facts in this case are shortly as follows : The petitioner passed the School-Final Examination from the National Council of Education, Jadavpur, in 1952. He then entered the City College, and in the year 1954 appeared in the I. A. Examination of the University of Calcutta as a regular student. He failed in this Examination. In 1955, he appeared in the same examination as a casual student. It appears that he was found guilty of malpractice at this examination and by an order of the Vice-Chancellor and the Syndicate of the Calcutta University, his examination for 1955 was cancelled and he was debarred from appearing in the 1956 Examination. On 6th September, 1956 the petitioner applied for permission to appear as an external student in the 1957 Examination, which was to be held sometime in March 1957. On 10th November, 1956 such permission was refused on the ground that he had not passed the Matriculation or the School Final Examination of the West Bengal Secondary Board...
In Re: Indo Burma Industries Ltd.
Court: Kolkata
Decided on: Jul-20-1956
Reported in: AIR1956Cal648
ORDERP.B. Mukherji, J. 1. This is an application under Section 35, Indian Companies Act by the Official Liquidator Mr. Ajoy Kumar Basu, Barrister-at-Law, for the examination of the conduct of Manindra Nath. Ghosal, Kanai Lal Tarafdar and Sudhangsu Kumar Bose and for an order compelling these three persons to pay or restore certain sums of money belonging to the company with interest at such rate as the Court thinks fit to the Liquidator.2. The main allegations on which this application is made may be briefly set out. The company is alleged to have advanced loans to (1) Ghosal Biswas & Co., (2) Bhowanipur Wayside Garage and (3) Electric Corporation respectively the sums of Rs. 54,477/12/-, Rs. 46,397/8/3 and Rs. 19,222/9/-. This allegation is to be found in para. 20 of the Official Liquidator's petition in support of the summons. No other allegation has been pressed and the enquiry therefore must be confined to these three concerns.3. The three persons Manindra Math Ghosal, Kanal Lal Ta...
Wali Mahammad Vs. Manik Chandra Raul
Court: Kolkata
Decided on: Jul-18-1956
Reported in: AIR1957Cal221,1957CriLJ441,60CWN946
Das Gupta, J. 1. The opposite party Manik Chandra Raul filed a petition of complaint before a Union Bench against the present petitioner and one Sk. Shibu alleging that when the complainant was working In the field, Sk. Shibu, under the orders of the petitioner, tied the complainant with a napkin and then both assaulted him as a result of which one tooth of the complainant was dislodged. After process had been issued against the accused and when the case was pending before the Union Bench, an application was made by the petitioner before the Sub-divisional Magistrate praying that under the provisions of section 66 of the Bengal Village Self-Government Act the Sub-divisional Magistrate should transfer the case to a Court subordinate to himself. The learned Magistrate has rejected this petition on the ground that this is premature. Against this order of the learned Magistrate the petitioner filed an application asking this Court for exercise of its powers under section 439 of the Code of...
- ‹ Prev
- 2
- 3
- Next ›
- Last »