Kolkata Court November 1957 Judgments
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Sm. Khabirannessa Bibi Vs. Sudhamoy Bose, Official Liquidator to the B ...
Court: Kolkata
Decided on: Nov-26-1957
Reported in: AIR1958Cal733
P.N. Mookerjee, J. 1. The appellant before us was defendant No. 1 in a suit under Order 21, Rule 63 of the Code of Civil Procedure. The suit has been decreed in part by the trial court and from the part decree the present appeal has been filed by the defendant No. 1 appellant.2. The suit arose under the following circumstances :3. In Money Suit No. 22 of 1948 of the Court of the Subordinate Judge of Berhampore, the plaintiff respondent, the Berhampore Bank Ltd. (now represented by the Court Liquidator as its Official Liquidator) claimed a sum of Rs. 73,420-10-3 from the appellant's husband Syed Sakhawat Hossain (who is respondent No. 2 in this appeal and who was defendant No. 2 in the court below) and their son Syed Golam Kader and, on certain allegations, attached before judgment the disputed properties (which are set out in Schedules Ka and Kha of the present plaint). To that attachment, the appellant objected & filed a claim which was registered as Miscellaneous Case No. 33 of 1948)...
Sarat Chandra Ghatak and ors. Vs. Corporation of Calcutta and anr.
Court: Kolkata
Decided on: Nov-21-1957
Reported in: AIR1959Cal36
ORDERD.N. Sinha, J.1. This application and two other applications were heard one after another, and the points of law involved are the same, and there was a common set of arguments. The point involved is the interpretation of Section 229 of thp Calcutta Municipal Act, 1951, (hereinafter called the 'Act'). That Section runs as follows:'Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement, or who displays any advertisement to public view in any manner whatsoever, visible from a public street or other public place, shall pay for every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a license fee calculated at such rate and in such manner and subject to such exemptions as the Corporation may prescribe by rules, with the approval of the State Government.'2. The petitioners in all these applications carry on the business of exhibiting cinema films in Cinema Houses situated...
Nibaran Chandra Bag Vs. Mahendra Nath
Court: Kolkata
Decided on: Nov-21-1957
Reported in: AIR1958Cal679
P.N. Mookerjee, J.1. This is an application under Article 132(1) of the Constitution or India, praying for a certificate that the case involves a substantial question of law as to the interpretation of the Constitution.2. The matter arises under the following circumstances :In the recent record of rights, prepared under the West Bengal Estates Acquisition Act (Act I of 1954), the opposite party before us was recorded as a raiyat in Khatian No. 52 of Mouza Howrahmari, District 24 Parganas. Upon objection by the petitioner, the record was altered by the Assistant Settlement Officer by recording the opposite party as a permanent mokarari tenure-holder with the petitioner as a temporary lessee (ijaradar) under him for a term of two years from Magh 1360 B.S. to Pous 1362 B.S.3. Aggrieved by this alteration, the opposite party appealed to the learned District Judge under Section 44(3) of the above Act, that learned Judge being the appropriate appellate authority for that purpose under the sa...
Parmanand Lokumal and ors. Vs. Khudabadi Bhaibund Co-operative Credit ...
Court: Kolkata
Decided on: Nov-20-1957
Reported in: AIR1958Cal675,62CWN820
P.N. Mookerjee, J.1. Three questions of first impression, -- and all of some interest and importance--arise for consideration in this appeal. The first is by way of a preliminary objection to the maintainability of the appeal; the other two relate to the competency of the proceeding itself, out of which the appeal arises. The latter two are points, touching the merits of the appeal and involving consideration of the correctness or otherwise of the relative decisions of the Tribunal below, and these we shall take up after deciding the question of maintainability of the appeal.2. The facts, leading to the present appeal, may now be briefly stated as follows:On or about 12-1-1944, respondents Nos. 3 and 4 Parasram Valiram and Mrs. Gianibai Valiram borrowed from the respondent No. 1 the Khudabadi Bhaibund Co-operative Credit Bank Ltd., a sum of Rs. 60,000/- carrying interest at the rate of six per cent., per annum and payable in two years by six instalments. For the said loan Lokumal Satra...
Ahidhar Ghose Vs. Sm. Nisu Bala Devi
Court: Kolkata
Decided on: Nov-19-1957
Reported in: AIR1958Cal253,62CWN172
P.N. Mookerjee, J.1. A single question calls for decision in this appeal.2. The question is short but somewhat intriguing and of some abiding importance and it may arise and, as a matter of fact, it has actually arisen in a number of cases.3. The point is how the West Bengal Estates Acquisition Act, 1953 (W. B. Act I of 1954) affects the relationship between an intermediary (a quondum tenure-holder) and his quondum under tenure-holder in the matter of realisation of rents or to be more precise, realisation of his decretal dues for rent by execution.4. The respondent was a tenure-holder and the appellant the holder of a subordinate tenure under her. For arrears of rent, the respondent obtained a decree against the appellant in Rent Suit No. 1 of 1954 of the 8th Court of the Subordinate Judge at Alipore. That was as far back as December 20, 1954. In the meantime, the West Bengal Estates Acquisition Act, 1953 (W. B. Act 1 of 1954) had come into force on February 12, 1954, and the vesting ...
Tara Pada Biswas Vs. Mritunjoy Mukherjee and ors.
Court: Kolkata
Decided on: Nov-19-1957
Reported in: AIR1958Cal313,62CWN576
Guha Ray, J. 1. This is a second appeal by Tarapada Biswas, the defendant in a suit for ejectment, from an appellate order disallowing his objection under Section 47 of the Code of Civil Procedure. 2. The facts which are not in dispute are briefly as follows. A suit for ejectment was filed against the present appellant, on the 8th June, 1940, after the commencement of the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act, 1940. That Act came into force on the 30th May, 1940. There was a decree by the Trial Court on the 2nd January, 1941. The tenant defendant applied for stay of the execution of the decree for ejectment on the 15th January, 1941, under Section 3 of the temporary Act. Although as yet no application was made for executing the decree a stay was ordered on the 21st January, 1941. The present appellant filed an appeal from the decree and that was dismissed on the 13th March, 1942. The decree-holder filed an application for executing the decree for costs on the 29th ...
Kapur Brothers Vs. Commercial Tax Officer and anr.
Court: Kolkata
Decided on: Nov-18-1957
Reported in: AIR1958Cal125,62CWN123,[1958]9STC121(Cal)
ORDERP.B. Mukharji, J.1. This is an application by Messrs. Kapur Brothers, a partnership firm, with a prayer for a writ of, or in the nature of certiorari to quash the order of assessment of sales tax for the year 1361 B.S. The rule was issued as early as the 18th December 1956, with provisions for interim stay of the order for realisation of the tax upon the applicant furnishing security. No 'security, however, was furnished. The application is made under Article 226 of the Constitution.2. The order of assessment is dated the 26th October 1956. The notice of demand under Section 11(3) of the Bengal Finance Sales Tax Act was given on the 3rd November 1956. At this stage the applicant made a petition dated the 29th November 1956, for a certified copy of the order of assessment with a view to file an appeal under Section 20 of the Act. It is now said that the statutory provision for appeal which the applicant wanted to avail is both illegal and ultra vires. Between the demand on the 3rd ...
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