Kolkata Court July 1956 Judgments
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Narendra Prosad Singh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-10-1956
Reported in: AIR1957Cal98
ORDERSinha. J. 1. The facts in this case are shortly as follows: The Rajmahal Manikchowk Ferry, with its subsidiary ferries at Soneghat, and Narainpur, more popularly known as the Rajmahal Ferry is an inter-state ferry, plying between Malda in West Bengal and Rajmahal in Behar. So far as this application is concerned, I have jurisdiction only with regard to that part of the ferry which lies within the State of West Bengal. The West Bengal Government .has made a declaration, under power conferred by d. (a)' of Section 6 of Bengal Ferries Act, 1885, that the ferry known as the 'Rajmahal Ferry' on the Ganga at Manikchak Sadarghat within the limits of the Manichak Police Station in the district of Malda, including the subsidiary ferry at Narainpur, shall be deemed to be and to have always been, a public ferry, and that for the purposes of the said Act, the said Ferry shall be deemed to be and to have always been situated in the district of Malda. The fact is that the ferry existed even bef...
Atindra Lal Pakrasi Vs. Monoranjan Choudhury and ors.
Court: Kolkata
Decided on: Jul-10-1956
Reported in: AIR1957Cal142
Das Gupta, J. 1. The first respondent Monoranjan Choudhury obtained a final mortgage decree against the appellant and some other persons on the 18-6-1935. He made his first application for execution on the 13-3-1936; the second on the 15-2-1939; the third on the 15-5-1942; and the 4th on the 15-5-1945. It is not disputed that all these applications were within the time prescribed by the Limitation Act. Execution case No. 21 of 1945 which was started on his application made on the 15-5-1945, was, after various orders with which we are not concerned, adjourned on the 14-8-1947, to 29-8-1947, for orders. On the 29-8-1947, the following order was passed: 'Notice under Section 34 of the B. A. D. Act is put up. Let further proceedings be stayed until further orders.' On the 30-4-1951, this stay order was vacated and the case was struck off. An application praying for execution of the decree was made by the decree-holder on the 15-2-1954. The appellant objected to execution on the ground that...
Bengal and Assam Investors Ltd. Vs. J.K. Eastern Industries Private Lt ...
Court: Kolkata
Decided on: Jul-09-1956
Reported in: AIR1956Cal658,60CWN957
ORDERP.B. Mukharji, J. 1. This is an application by Bengal and Assam Investors Ltd. under Section 186, Companies Act of 1956. It seeks an order that the extra-ordinary general meeting of the respondent company J. K. Eastern Industries Private Ltd. required of the petitioner to be called in pursuance of requisition dated 5-6-1956 be called and held and conducted in such manner as this Court thinks fit and proper and that for the purpose of the same such ancillary and consequential directions be given as this Court may think necessary or expedient including directions regarding the date, time and place of the meeting to be held, appointment of an independent Chairman for the meeting, deposit of proxies with such Chairman and all such other directions modifying or supplementing the operation of the provisions of the Com-panies Act and of the Companies Articles relating to the calling, holding or conducting of the meeting. The applicant also seeks for an order that at the meeting the resol...
A.R.S. Choudhury Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-09-1956
Reported in: AIR1956Cal662,60CWN933,(1957)ILLJ494Cal
Sinha, J. 1. The facts in this case are briefly as follows; In 1948, the petitioner was appoint-ed as a temporary brakesman in the B. N. Railway. In May 1949 he was promoted to the rant of a Guard and posted at Khargpuf. The B. N. Railway has subsequently merged in the Eastern Railway. On or about 25-5-1951, while the petitioner was working at Nainpur, he was verballyordered to proceed to Khargpur and attend an enquiry. He was not informed as to the subject-matter of the enquiry and no charge-sheet was framed against him at the time. At Khargpur the petitioner was informed that the said enquiry was against four Railway servants including himself, in respect of certain stolen articles. The petitioner alleges that he was confronted by four persons and directed to cross-examine them. It appears that the Railway authorities obtained confidential information that certain Khargpur Guards would be carrying stolen articles which had been previously found missing on transit. Certain articles we...
Sudhir Kumar Majumdar and ors. Vs. Dhirendra Nath Biswas and anr.
Court: Kolkata
Decided on: Jul-05-1956
Reported in: AIR1957Cal625,61CWN23
Bachawat, J.1. The Second Appeal arises out of a suit for recovery of khas possession, mesne profits,demolition of the structures built upon the suit property and an injunction. The plaintiffs allege that the defendant No I has no existing interest in the land and that on the 5-8-1948 the defendant No. 1 wrongfully trespassed upon the land and thereafter has constructed some temporary structures thereon. The defendant No. 1 alleges that he has taken settlement of the suit land from the plaintiffs in Magh 1354 B.S. at an annual rent of Rs. 5/- and has thereafter constructed pucca structures with brick walls and tiled roof thereon with the knowledge and consent of and without any objection from the plaintiffs. The defendant No. 1 claims that the plaintiffs have no right to eject him and that in the alternative and in case the plaintiffs are found to be entitled to a decree for ejectment, the defendant No. 1 should be given a decree for the sum of Rs. 2500/- by way of compensation for the...
Shermal JaIn Vs. Collector of Central Excise and Land Customs, Calcutt ...
Court: Kolkata
Decided on: Jul-05-1956
Reported in: AIR1956Cal621
ORDERSinha, J.1. The facts in tills case are shortly as follows:Some time in March 1954, the Customs authorities obtained information that two insured parcels which were declared as containing 'Handloom cloth', then lying at the Calcutta General Post Office, contained contraband goods. A batch of C. P. C., officers went to the post office and requested the postal authorities to deliver the parcels to the consignee in the presence of the officers. But no consignee turned up, and ultimately the two parcels were handed over to the customs authorities by order of the Chief Presidency Magistrate, Calcutta. The first insured Parcel No. 120 was despatched by one P. B. Deb from Agartalla post office to Messrs. Sell Abu Backer & Co. of 58, Lower Circular Road, Calcutta. The second insured Parcel No. 77 was despatched by Section N. Ghosh from Agartalla Bazar post office, to Messrs. Md. Abu Backer & Co. of 65/11-12, Lower Chitpore Road, Calcutta. Upon being opened, the first was seen to contain 1...
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