Kolkata Court January 1957 Judgments
Amina Bewa Vs. Dukhimoni Dasi
Court: Kolkata
Decided on: Jan-31-1957
Reported in: 1957CriLJ669
ORDERDebabrata Mookerjee, J.1. This is a petition for revision of an order of the Sub-divisional Magistrate of Malda whereby a cow and a calf were directed to be made over to the opposite party Dukhimoni Dasi.2. The petitioner Amina Bewa claimed to have purchased a cow from one Sewpujan. Sometime in June, 1055, she missed the animal which was then carrying. There was a general diary entry made at her instance on the 25th July, 1955, detailing the circumstances under which the animal had been found missing. After some time however it returned to Amina Bewa, and the cow was delivered of a calf. On the 25th December, 1955, Dukhimoni lodged an information with the police stating that she had lost her cow. This was followed on the 4th December, 1955, by a petition to Court asking for a search warrant for recovery of the cow from the possession of the petitioner. A description of the animal was given and it was stated that she might be recovered without delay lest, it was feared, she be sold...
Tag this Judgment!Maya Majumdar Gupta and ors. Vs. Principal Basirhat College and ors.
Court: Kolkata
Decided on: Jan-30-1957
Reported in: AIR1957Cal428,61CWN334
ORDERSinha, J. 1. These are six matters in which the facts are similar and there is a common point of law involved. They have been heard together, and in view of what has happened before me it is unnecessary to deal with them separately and they are being disposed of by a common order. 2. Ench of these applications has been made by a candidate appearing in the University examinations held by the University of Calcutta, for the year 1956. The candidate concerned had completed his or her examination, but when the results were published, these candidates found the letters R. A. against their respective roll numbers in the result sheet, meaning thereby 'Reported against'. What happened was that the examiners had reported against them to the Head examiner of having been guilty of malpractice at the said examination and the Head examiner in turn had reported to the Controller of examinations. These candidates were not the only examinees who wera reported against. A total of 411 cases were re...
Tag this Judgment!In Re Flowers Settlement Trusts : Flower and Others Vs. Inland Revenue ...
Court: Kolkata
Decided on: Jan-25-1957
Reported in: [1958]34ITR3(Cal)
LORD EVERSHED M. R. I will ask Jenkins L. J. to deliver the first judgment.JENKINS L. J., having stated the facts substantially as set out above, continued : It will have been observed that the trust declared during the life of the settlor comprised a discretionary power given to the trustees to apply the income of the fund to an extremely wide and varied range of objects not confined to charitable purposes nor even to benevolent purposes, for the first proviso to paragraph 2 expressly provided 'that the objects of the above trust are not confined to purposes which according to law may be held to be charitable purpose but shall include purposes of a benevolent and/or public character,' and so on. I will not read the words again but the potential objects cover a very wide field.It is common ground that the discretionary trust declared to take effect during the life of the settlor in these extremely wide terms was and is void for uncertainty so that no effective disposition was made of t...
Tag this Judgment!Jatindra Nath Mukherjee Vs. Government of the Union of India (Uoi) and ...
Court: Kolkata
Decided on: Jan-24-1957
Reported in: (1959)ILLJ11Cal
Chakravartti, C.J.1. The appellant, Sri Jatindra Nath Mukherjee, entered Government service on 1 November 1934 as an appraiser under the Collector of Customs, Calcutta. He was confirmed in that post in 1935 and continued to serve in it till 6 November 1942, when his services were lent to the Foreign Trade Control Department of the Import Trade Control Organization which was then located in the Customs House. His rise in the Borrowing Department appears to have been rapid. There he began as an Enquiry Officer, but in 1951, when the proceedings out of which the present appeal has arisen were commenced against him, he was occupying the office of a Controller of Exports.2. Of the various posts held by the appellant from time to time during the intervening period, particular reference to only one, on which some argument turned, is necessary. He was appointed an. Executive Officer with effect from 1 December 1943 and by a subsequent notification he was declared to have been appointed to that...
Tag this Judgment!Administrator, Howrah Municipality Vs. Abal Gowala
Court: Kolkata
Decided on: Jan-24-1957
Reported in: 1958CriLJ174
Debabrata Mookerjee, J.1. This is an appeal by special leave on behalf of the Administrator, Howrah Municipality, directed against an order of Sri A. K. Roy, Magistrate, First Class, Howrah, dated the 28th September 1956, whereby the respondent was acquitted of an offence under Section 386(1) of the Calcutta Municipal Act, 1923, as extended to Howrah.2. On the complaint of the Municipality, the respondent was put on trial for using certain premises for keeping cattle for sale without a licence. The defence was that the Municipality was not entitled to refuse a licence under Section 386(1) of the Act when it had already granted licences to the respondent under Sections 175 and 179 of the Act. Some evidence was tendered by the Municipality, but no witnesses were called by the respondent, and the learned trying Magistrate acquitted him of the offence charged. The Municipality has appealed.3. Mr. Roy, appearing on behalf of the Municipality, has argued that the order of acquittal is based ...
Tag this Judgment!Sukhai Vs. Hukum Chand Jute Mills Ltd.
Court: Kolkata
Decided on: Jan-22-1957
Reported in: AIR1957Cal601,61CWN352
Chakravartti, C. J. 1. The appellant, Sukhai, was and is still employed as a cop-winder in the Jute Mill of the respondent jute company. On 26-12-1951, he was at his usual work when some chinese clay balls, attached to the winding-rod, broke loose and flying at a great speed, struck him in his left eye, causing a bleeding injury. He was immediately taken to the Chief Medical Officer of the Mills, who gave him first aid and then sent him to the Chinsurah Hospital for further treatment There the eyeball was removed on 3-1-1952. The workman was discharged on the llth of January following, but it appears that he had to attend hospital [or further attention on certain subsequent dates as well. Ultimately, he resumed his duties on 5-2-1952. 2. The appellant, as I have already stated, is still in the employment of the respondent company. He is earning his usual wages and, according to his own evidence, he can do his usual work. 3. On 4-6-1952, the appellant made an application for compensatio...
Tag this Judgment!Dukhineswar Sarkar and Brothers Ltd. Vs. Commercial Tax Officer and or ...
Court: Kolkata
Decided on: Jan-18-1957
Reported in: AIR1957Cal283,[1957]8STC478(Cal)
ORDERSinha, J.1. The petitioner is a company incorporated under the Indian Companies Act and is a registered dealer under the Bengal Finance (Sales Tax) Act 1941 (hereinafter called the 'Act'). It carries on business inter alia as builders and contractors. It has been regularly submitting returns as required under the provisions of the said Act. For the Bengal year 1367 (corresponding to the period' April 1950 to April I95l the petitioner company submitted returns and paid sales tax to the extent of Rs. 3,568/4/. On May 11, 1964 the respondent No. 2 as the Commercial Tax Officer, made an assessment for the year 1357 holding that the petitioner was liable to pay a tax of Rs. 15,756/1/- and also imposed a penalty of Rs. 2,000/-upon the petitioner. 2. For the Bengali year 1358 (April 1951 to April 1952), the petitioner likewise submitted returns and paid sales tax to the extent of Rs. 1200/8/3 for the first quarter, Rs. 4,798/1/- for the second quarter and a further payment of Rs. 354/9/....
Tag this Judgment!Bhujanga Bhusan Das Vs. the State and anr.
Court: Kolkata
Decided on: Jan-15-1957
Reported in: AIR1957Cal376,1957CriLJ710,61CWN752
ORDERDebabrata Mookerjee, J.1. This is a petition for revision of an order of the Sessions Judge of Midnapur, dated the 2nd July, 1956, by which an order of dismissal of complaint under Section 203 of the Code of Criminal Procedure made by the sub-divisional Magistrate of Tamluk was set aside.2. The facts briefly stated are these. An Information was lodged with the police that one Basanta Das had been killed by gun fire. After the usual investigation the police submitted a charge-sheet under Section 324/148 of the Indian Penal Code. Nineteen persons were proceeded against and the case was transferred to the Court of Sri D. Basu Roy before whom an application was made, after some evidence had been recorded, for process against Bhujanga Bhusan Das, the present petitioner. The ground stated was that the evidence disclosed a case under Section 302 of the Indian Penal Code which clearly suggested the complicity of the petitioner in the murder of Basanta Das. Sri Easu Roy did not accede to t...
Tag this Judgment!Sister Louise Vs. Jotindra Nath Mondal and ors.
Court: Kolkata
Decided on: Jan-15-1957
Reported in: AIR1957Cal475,61CWN231
Renupada Mukherjee, J. 1. Those two analogous appeals have arisen under the following circumstances: - 2. The three respondents who arc trusses to the Naik Trust 109, Narkeldanga North Road brought two analogous suite for ejectment after service of notices to quit against appellant Sister Louise from flats Nos. 7 and 8 of premises No. 220 Lower Circular Road en the ground that she was a defaulter. There was also a claim for recovery of arrears of rent and mesne profits in both the suits. The rent of each of the flats was admittedly Rs. 150/- per month. 3. The defendant denied that she was a defaulter and pleaded that the notices served upon lier were not vslid and sufficient. The defence against ejectment was struck off in both the suits in consequence of an application filed by the landlords under section 14(4) of the West Bengal Premises Rent Control Act, 1950, but the appellant was permitted to contest the suits on the other ground, viz,, that the notices for ejectment were neither ...
Tag this Judgment!Sree Annapurna Cotton Mills Ltd. Vs. Shyamalendu Bhaduri
Court: Kolkata
Decided on: Jan-11-1957
Reported in: AIR1958Cal187
K.C. Das Gupta, J. 1. This is an application by the plaintiff, whose suit has been ultimately dismissed, for a certificate under Sub-clause (a) of Article 133(1) of the Constitution of India. Certain other prayers were made in the application, but we are no longer concerned with them. Admittedly, the petitioner stated in the plaint the value of the land in Suit to be a sum of Rs. 15,000/- only. It stated, however, now in its present application that that valuation was not the correct market value of the land on the date of the suit, the 28-2-1947, and that the market value of the said land on that date would not be less than a sum of Rs. 24,000/- and on the date of this Court's decree, namely 9-1-1956, the value of the land would not be less than Rs. 50,000/-. On behalf of the defendant opposite party it was contended that the plaintiff was precluded fromshowing to this Court that the value of the land, on the date the suit was brought, was more than Rs. 15,000/- as mentioned in its pl...
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