Kolkata Court November 1957 Judgments
Bhuban Mohan Bose Vs. the State
Court: Kolkata
Decided on: Nov-29-1957
Reported in: AIR1958Cal202,1958CriLJ502
ORDERS.K. Sen, J. 1. This revisional application is directed against the conviction of the petitioner Bhuban Mohan Bose under Section 33(A) of the Calcutta Suburban Police Act 1866 and the sentence of fine of Rs. 100/- in default rigorous imprisonment for three weeks only.2. The petitioner is a shed-clerk of No. 11 Kidderpore Dock. On 26-12-1952 when he was going out of gate No. 3 of the said dock he was challenged by the guard on duty as he had his pockets bulging. He refused to stop but another guard came running up and got hold of his cycle and so compelled him to stop. On search of his person 75 packets of Streptomycin were found in his two pockets and another 25 packets were found tied in a piece of cloth under his shirt. He was thereupon handed over to the sub-inspector of port police. The police after investigation submitted a challan in the Court of the Chief Presidency Magistrate under Section 54A of the Calcutta Police Act against the petitioner on 27-1-1953. On behalf of the...
Tag this Judgment!K.K. Murty Vs. the General Manager, South Eastern Rly. and anr.
Court: Kolkata
Decided on: Nov-29-1957
Reported in: AIR1958Cal633,62CWN169,(1959)ILLJ374Cal
ORDERSinha, J.1. The facts in this case are shortly as follows : The petitioner was appointed in 1929 as an Assistant Station Master and was subsequently promoted to the post of a Station Master. While he was posted at the Palari Station, on or about 20-3-1954, he was served with a charge-sheet. The charge-sheet was signed by the District Traffic Superintendent, Nainpur. A copy of the charge-sheet is Annexure 'E' to the petition. Substantially, the charge that the petitioner had on more than one occasion, in spite of warning, indulged in impertinence and unnecessarily rude and disrespectful language in official correspondence. Instances of such use have been set out in the charge-sheet itself. The first extract for example, shows that he was writing to the District Traffic Superintendent, assuming the title of'Legal Pandit', stating that this title had been, 'bestowed upon him by Sriman G.S. Rajan'. who was no other than the District Traffic Superintendent himself. There are several ot...
Tag this Judgment!Premchand Khetry Vs. the State
Court: Kolkata
Decided on: Nov-28-1957
Reported in: AIR1958Cal213,1958CriLJ622,62CWN198
Chaturvartti, C.J. 1. This is a Rule, calling upon the Chief Presidency Magistrate to show cause why the proceedings pending against the petitioner before a Presidency Magistrate should not be quashed or why such other order or orders should not be made as to this Court may seem fit and proper. The petitioner, Premchand Khetry, is one of three persons who are on trial for certain oSences under the Opium Act and who were being tried according to the procedure laid down in Section 251A of the Cri. P. C. His contention is that Section 251A does not apply to the case and that the procedure laid down in Section 252 and subsequent sections of the Code ought to be followed. 2. The facts are simple. It is alleged that on receipt of some information, an Inspector of Excise, named Shri B. N. Ray, began to maintain a watch on premises No. 42, Ganesh Chan-dra Avenue, Calcutta, from 24-7-1956 and on that very day noticed a car, bearing the number MBI-1864, coming to the place at about 8-30 P. M. Th...
Tag this Judgment!Manik Chand Chowdhury and ors. Vs. the State
Court: Kolkata
Decided on: Nov-28-1957
Reported in: AIR1958Cal324,1958CriLJ865,62CWN94
P. Chakravartti, C.J. 1. This Rule raises three important questions of construction regarding Section 207-A of the Criminal Procedure Code. The most important of them has already been the subject of a decision by a learned Judge of this Court, sitting singly as a trial Judge, but the petitioners contend that the view taken by him is not correct. The questions have arisen in the following way.2. On 23rd of January, 1956, at about 1.30 and 2 A. M., there was an incident on board a steel barge, No. 4578A, in the midstream of the river Hooghly. Earlier in the night, the barge had delivered its cargo of salt at Mara Pora Ghat and the unloading having been completed by about 9 P. M., the members of its crew had gone to sleep after tying it up to a small steamer which was lying in anchor nearby. The crew were five in number, comprising a Manjhi and four Dandis, one of whom has also been called a Bhandari. It is alleged that at about 1-30 or 2 A. M., they were roused from sleep by loud sounds ...
Tag this Judgment!A. Ishaque Alias Md. Ashfaque Chowdhury Vs. the State
Court: Kolkata
Decided on: Nov-28-1957
Reported in: AIR1958Cal341,1958CriLJ881
P. Chakravartti, C.J. 1. This is a Rule issued on the Chief Presidency Magistrate, Calcutta, requiring him to show cause why two orders, dated 30-4-1957 and 1-5-1957 respectively, passed by Shri F.M. Sanyal, Presidency Magistrate, in the course of a commitment proceeding against the petitioner should not be set aside or such other order or orders passed as this Court may deem fit and proper. By the impugned orders, the learned Magistrate rejected the Petitioner's prayer to direct the prosecution to produce more witnesses of the actual commission of the alleged offence and also to examine some witnesses on his own account in the interest of justice.2. The case arose out of an incident which took place on 4-10-1956 and in the course ofWhich one Osman Kasai received severe injuries, resulting ultimately in his death. At first, the Police started a case against Osman Kasai and 5 others on an information lodged by one Matilal Marwari at about 1-50 P. M., but in the night two other informati...
Tag this Judgment!Ganesh Chandra Dhur Vs. Commissioner of Income-tax, West Bengal and or ...
Court: Kolkata
Decided on: Nov-28-1957
Reported in: AIR1958Cal642,62CWN151,[1959]35ITR84(Cal)
ORDERP.B. Mukharji, J.1. This is an application by Ganesh Chandra Dhar for a writ in the nature o certiorari to bring up the records of the Certificate Case No. 1782 J. T. of 1947-48 and for a writ of mandamus directing the respondents to forbear from giving effect to the certificate.2. The facts briefly arc as follows: In May 1950 the petitioner with his brother filed a suit in the High Court being Suit No. 1108 of 1940 in the Original Side for partition, accounts, cancellation of the deed of arpannama and other reliefs. In that suit the receivers were appointed to take charge of the properties and business of the parties to the suit. The receivers also have been as-sessed to income-tax in respect of the estate. The suit was ultimately compromised by a consent decree on 30-8-1944. But the receivers were discharged on 8-7-1946.3. The certificates which are now being challenged by the petitioner relate to the assessment years' 1942-43. Now, the facts about these assessments are that the...
Tag this Judgment!Harendra Nath Bose and ors. Vs. Judge, 2nd Industrial Tribunal and ors ...
Court: Kolkata
Decided on: Nov-27-1957
Reported in: AIR1958Cal208,62CWN248,(1958)IILLJ198Cal
Sinha, J.1. This is an application wherein there are 44 petitioners previously employed by Messrs. Rallis India Ltd., formerly known as Messrs. Railis Brothers Limited, together with Rallis India Limited Employees' Union.2. The facts are shortly as follows: The said Company is a very well-known concern carrying on business in Calcutta for many years past. At one time they were employing more than 600 workmen in their Calcutta branch. From 1953 onwards, the Company found their Calcutta concern running at a loss. Sometime in April 1954, the Company retrenched some of the employees in its Calcutta establishment as well as at Kantapukur, Cossipore and some other out-stations. The retrenchment, however, was strongly opposed and had to be abandoned. Ultimately, in 1955 the Board of Directors finally decided to close the Calcutta establishment entirely with effect from 31-5-1955. At this stage, however, the Minister for Labour. West Bengal intervened and the Board of Directors agreed to give ...
Tag this Judgment!Mt. Johera Khatun Bibi Vs. Sm. Amina Bibi and ors.
Court: Kolkata
Decided on: Nov-27-1957
Reported in: AIR1958Cal545,62CWN357
S.N. Guha Ray, J.1. This is an appeal by Johara Khatun Bibi alias Johara Bibi who had applied for appointment as guardian presumably of the person and properties of Gole Arjan, minor daughter of Sheikh Ayub Rahaman deceased from an order dismissing her application on the ground that an earlier application of hers had been dismissed. It appears from a copy of the judgment in Case No. 151 of 1953 and the judgment of this Court on appeal that her earlier application was not for appointment as guardian but it was an application for a declaration that she was the guardian of the person of the minor. That application was dismissed and the learned Judge thought that as that case was rejected after contest, because she was not fit to be appointed guardian, her application for being appointed guardian was to be rejected. Evidently what the learned Judge must have meant by saying that her earlier claim was rejected after contest as she was not fit to be appointed guardian is that it was rejected...
Tag this Judgment!Sushil Kumar Chakravarty Vs. Ganesh Chandra Mitra
Court: Kolkata
Decided on: Nov-26-1957
Reported in: AIR1958Cal251,62CWN193
K.C. Das Gupta, J.1. This appeal under Clause 15 of the Letters Patent against the decision of Renupada Mukherjee J., dismissing a second' appeal to this Court against a decree for ejectment raises the question whether when the letter containing a notice to quit has been proved to have been properly addressed, prepaid and posted by registered post and the original cover containing the notice which is Put in evidence is found to have the word, 'refused', written on it, the Court is entitled to hold, without the postal peon being examined to prove the fact of refusal by the addressee, that Proper service has been effected. All the Courts below have held that proper service was effected. It appears that in the trial Court and in the court of first appeal certain other endorsements appearing on the covers were taken into consideration. Renupada Mukherjee J. held that those other endorsements should not have been admitted in evidence or looked into by the Courts below without the authors th...
Tag this Judgment!Birendra Kumar Dutta Vs. Charu Chandra Dutta and anr.
Court: Kolkata
Decided on: Nov-26-1957
Reported in: AIR1959Cal537,63CWN380
ORDERS.K. Sen, J.1. This revisional application is directed against an order of the learned Munsif, 1st Court, Howrah, accepting the valuation made by the plaintiffs in a suit for the purpose of court fees and jurisdiction. The plaintiff's filed the suit for declaration of title and recovery of possession on the allegation that the defendant was a licensee and that the license had been terminated. The suit was valued at Rs. 100/-, the subject-matter of the license being a masonry one-storied building on a plot of land measuring about six cottahs situated in Mouza Jagacha in the district of Howrah. The property is situated in a village and not in a municipal area. The defendant objected that the suit being a suit for declaration of title and recovery of possession, though as against a licensee on the case of the plaintiffs, it should be valued according to the actual value of the subject-matter of the license, that is, of the plot of land measuring six cottahs and the structures situate...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »