Kolkata Court July 1956 Judgments
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Rakhaldas Pramanick Vs. Sm. Shantilata Ghose and ors.
Court: Kolkata
Decided on: Jul-18-1956
Reported in: AIR1956Cal619
ORDERP.B. Mukharji, J. 1. This is the plaintiff's application for an order granting leave to him to pay the filing fees in respect of (1) exhibits, (2) depositions and (3) minutes of the proceedings had before the special Referee and that upon payment of filing fees the said exhibits, depositions and minutes be treated as properly filed with retrospective effect from the date when they should have been filed along with the first report of the Referee dated 4-5-1949. 2. There is little substantial objection to the order. As the parties made the documents exhibits, as the depositions were before the special Referee and as the minutes of the proceedings are the official records o.f what took place before the special Referee, bare justice demands that they should be allowed to be read as part of the proceedings in this matter. It will be an outright denial of justice now to say that exhibits actually tendered and made exhibits by both the parties should not be treated as exhibits and not r...
The State Vs. Niren Das Gupta and ors.
Court: Kolkata
Decided on: Jul-18-1956
Reported in: 1957CriLJ124
ORDERGuha Ray, J. 1. This is a reference under Section 438 of the Code of Criminal Procedure by the Additional Sessions Judge of Alipore recommending that the proceedings pending against the three accused Niren Das Gupta, Nishitesh alias Nishit Sen alias Nishitesh Chandra Sen and Arun Sen Under Section 407 of the Indian Penal Code be Quashed.2. The case has had a very chequered history. Niren, Nishit and Arun are associated with Messrs Cargo Chariot Co. carrying on transport business at 65/1 Maharshi Debendra Road. That firm filed a tender for the carriage of different materials under Calcutta Construction Division during the year 1953-54. That tender was accepted by Ex. 1 dated the 30th of March 1953. Evidently, therefore, Messrs Cargo Chariot Co. was appointed carriers of different kinds of construction materials under Calcutta Construction Division during the year 1953-54, Then by Ex. 24 dated 29th of April 1953 Messrs. Cargo Chariot Co. as carrying contractors was supplied with a d...
R.B. Basu Vs. P.K. Mukherji
Court: Kolkata
Decided on: Jul-17-1956
Reported in: AIR1957Cal449
Chakravartti, C, J. 1. This is a Reference under Section 21(1) of the Chartered Accountants Act, 1949, made by the Council of the Institute of Chartered Accountants against one Mr. P.K. Mukherji, a Chartered Accountant and a Fellow Member of the Institute, who practises his profession under the name and style of Green & Co. There were three charges against the Accountant, all of which, according to the Council, have been proved.2. The principal facts of the case are comparatively simple, but with regard to some of the details a great deal of confusion still persists. Broadly stated, the facts are as follows. One Mr. B.B. Basu, proprietor of a concern called the Hindustan Engineering and Construction Company, had five appeals pending before the Income-tax Appellate Tribunal. Three of them were income-tax appeals relating respectively to the assessment years 1945-46, 1946-47 and 1947-48 and the remaining two were Excess Profits Tax appeals relating respectively to the chargeable accounti...
Maharaja Prabirendra Mohan Tagore Vs. Anil Kumar Chattopadhya and ors.
Court: Kolkata
Decided on: Jul-17-1956
Reported in: AIR1956Cal570
P.N. Mookehjee, J. 1. These two appeals arise out of a suit for (Renk Suit No. 15 of 1945) and a proceeding for certification of payment in a previous Rent Suit No. 3 1942 of the Court of the Subordinate Judge of Berhampore. Both the Rent Suits were in respect of a Patni, held by the respondents under the appellant Maharaja who was the zemindar or the holder of the superior interest. The Patni was created in the year 1292 B.S. The relevant kabuliyat is dated 31st Bhadra of that year and it was executed by the original Patnid3r Kunja Behari Ghosh in favour of the appellant's predecessor. The Patni eventually passed in the hands of Robert Watson & Co. who executed an Ekrarnama (Agree-merit) in favour of the zemindar landlord on 6-4-1897. The respondents are the present owners in possession of the above Patni which still continues to be recorded in the landlord's sherista in the name of Robert Watson & Co.2. In the Patni Kabuliyat the rent is stated to be Rs. 4,055/5/- per annum. In the E...
Royal Calcutta Golf Club Mazudur Union Vs. State of West Bengal and or ...
Court: Kolkata
Decided on: Jul-13-1956
Reported in: AIR1956Cal550,60CWN1035,(1957)ILLJ218Cal
ORDERSinha, J. 1. The facts in this case are shortly as follows: The petitioner before me is the Royal Calcutta Golf Club Mazdur Union, being a Trade-Union of the workers employed in the Royal Calcutta Golf Club, which is an institution incorporated under the Indian Companies Act with liability limited by guarantee without the addition of the word 'limited'. This institution is primarily an association of persons, who desire to play golf in Calcutta, and renders all facilities for that purpose. It is not denied that it makes available food and drink for consumption of its members, as also that it maintains a shop where members can buy their golfing equipment. Lessons are also given for which fees are charged. Between 17-11-1954 & 5/6-12-1954 the petitioner submitted a Charter of Demand of the workmen of the said club, to the Secretary of the club. The Charter of Demand inter alia contained demands for recognition of the Union, for fixing scales and classification of pay, house allowanc...
Provat Kumar Ghosh Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-13-1956
Reported in: AIR1956Cal602,1956CriLJ1315,60CWN913
K.C. Das Gupta, J. 1. These two Rules which were heard together relate to proceedings in connection with the taking away of one Ha Rani Choudhury from the house of her husband Ham Narayan Roy Choudhury and to criminal breach of trust in respect of certain ornaments said to have been entrusted by the said Ila Rani Choudhury to the petitioner Provat Kumar Ghose. 2. It appears that on information given by the husband Ram Narayan Choudhury the Police started a case and after investigation they sent up charge sheet against the present petitioner Provat under Section 406, I. P. C. and under Section 363/120B against the present petitioner and two others. On perusal of the documents submitted along with the charge sheet, the learned Magistrate passed an order on 2-6-1956, directing that the offence under Section 406, I. P. C. shall be tried separately. In the meantime on 19-4-1956, the husband Ram Narayan filed a complaint before the Magistrate against the petitioner and two other persons accu...
Mohan Lal Goenka and anr. Vs. the State
Court: Kolkata
Decided on: Jul-12-1956
Reported in: 1957CriLJ122
ORDERGuha Ray, J.1. The petitioners Mohan Lal Goenka and J. N. Gupta, the owner and the Manager respectively of Khas Jambad Colliery, were convicted under Section 73 of the Mines Act for contravention of Rule 7(1) of Mines Creche Rules. And while Mohan Lal Goenka was sentenced to a fine of Rs. 150/- or in default of payment of the fine to simple imprisonment for three months, J. N. Gupta was sentenced to a fine of Rs. 100/- or in default of payment of the fine to simple imprisonment for two months. Admittedly, the mine in question engaged some women labourers and admittedly on the 24th November 1954 Miss S. Mathur, an Assistant Inspector Labour Welfare Department and an ex-officio Inspector of Mines visited the colliery which was within her circle, & found that no creche attendant had been appointed by the management as required under Sub-rule (1) of Rule 7 of the Mines Creche Rules. 1946,2. The defence of the petitioners was that the female workers employed in the colliery had no chil...
Sarat Chandra Bhattacharjee Vs. Rabindra Nath Ghosh and ors.
Court: Kolkata
Decided on: Jul-11-1956
Reported in: AIR1957Cal11
P.N. Mookerjee, J.1. The original appellant Sarat Chandra Bhattacharjee, since deceased, was the defendant in a suit under Section 92, Civil P. C. read with Order 1, Rule 8 of the Code. The suit was decreed and he filed the present appeal. 2. Sarat died during the pendency of the appeal in this Court and the present appellants who are three of his sons along with their eldest brother Hrishikesh who is respondent 4 were substituted in his place.3. The suit was brought on 9-7-1943. It was once dismissed by the learned District Judge on a preliminary ground but the said dismissal was set aside by this Court on 17-3-1949 and at the re-hearing after remand the suit has been decreed by the learned Subordinate Judge.4. The dispute relates to the Goari Siddhes-war Kalibari. It is an ancient institution dating about a century back. The deity Sree Sree Siddhe-swari Kali Thakur appears to have been originally the family deity of a pious Hindu Brahmin Dina-bandhu Chatterjee. It was originally set ...
Tustu Charan Ghose Vs. Kali Kumar Ghose and ors.
Court: Kolkata
Decided on: Jul-11-1956
Reported in: AIR1957Cal122,61CWN90
K.C. Das Gupta, J.1. The subject-matter of this litigation is land which was purchased by one Kenamoni Dassi. The plaintiffs who are the sons of one of Kenamoni's brothers brought a suit for declaration of their title to the land and for recovery of khas possession jointly with the other living brother of Kennmoni and the descendants of another brother. They averred in the plaint that the property was purchased with Kenamoni's Shri-dhan and became her personal property so that on her death it was inherited by the three brothers as Kenamoni's heirs and that ultimately after the death of two of the brothers, they, the sons of another brother and Tustu Charan Ghose, the third brother were in joint possession, but that Tustu having obtained a document of transfer from Kenamoni's husband's brother and having disturbed their possession they came to court 2. The main defence was that this property having been purchased by Kenamoni with the accumulated income of her husband's estate was therea...
South Indian Co-operative Stores Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-10-1956
Reported in: AIR1957Cal17,60CWN985
K.C. Das Gupta, J. 1. The petitioner has sued the Union of India for compensation for short delivery out of two consignments of oil. The defendant contended that the railway was not liable for the loss; that in any case, the plaintiffs had not the right to sue for compensation for the loss and lastly that Section 77, Indian Railways Act barred relief. 2. The trial Court held that the railway was liable and the plaintiffs had the right to sue and calculated the compensation to which the plaintiffs would be entitled but for the provisions of Section 77, Indian Railways Act--as the price of 2 maunds 27 seers of oil at the rate of Rs. 39/8/- per tin of 171/2 seers and the price of 1 maund 27 seers at the rate of Rs. 35/- per tin of 171/2 seers and a further sum of Rs. 17/15/9 pies on account of freight over-charged. It held, however, that as Section 77. Indian Railways Act had not been complied with, the plaintiffs were not entitled to any relief and accordingly dismissed the suit. 3. The ...
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