Kolkata Court December 1957 Judgments
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Azamabad Tea Co. Private Ltd. and anr. Vs. Suraj Ratan Thirani and ors ...
Court: Kolkata
Decided on: Dec-06-1957
Reported in: AIR1958Cal296,62CWN155
Chakravartti, C.J.1. The petitioners ask for a certificate under Article 133(1) of the Constitution of India for the purpose of a proposed appeal to the Supreme Court against a judgment and decree of this Court, dated the 18th of March, 1954. Their application was made on the 12th of September, 1957. Mr. Sen Gupta, who appears for them, admits that even after credit has been given tohis clients for the time taken for obtaining certified copies of the judgment and the decree, their application is too late by three years and eleven days, if Article 179 of the Limitation Act applies. He, however, contends that the Article does not apply.2. In support of his contention, Mr. Sea Gupta relies on the language of Article 179. That Article prescribes the period of limitation for an application for leave to appeal to the Supreme Court and the period prescribed is ninety days from the date of the decree appealed from. The first column of the Article, however, describes the appeal contemplated by ...
Bengal Provincial Bank Employees Association, Calcutta Vs. Salim M. Me ...
Court: Kolkata
Decided on: Dec-06-1957
Reported in: AIR1958Cal297
ORDERSinha, J.1. The petitioner in this case is the Bengal Provincial Bank Employees Association, which is stated to be an association of workmen of 'most' of the bank employees in West Bengal. It is not a registered trade union. but an association of registered trade unions. The first respondent is Shri Salim M. Merchant, described as 'a member of Labour Appellate Tribunal, as also of Industrial Tribunal'. The second respondent is the Union of India. The third respondent is the Calcutta Exchange Banks Association and the fourth respondent is the Indian Banks' Association. It is stated in the petition that the respondents Nos. 3 and 4 are the associations of employers who employed the members of the petitioners' Association. Two schedules are annexed to the petition, the first showing the members of the Indian Bank's Association, as consisting of 15 member banks, and the second showing the members of the Calcutta Exchange Banks' Association. In this case there are 12 member banks. Alto...
Kanmull Dugar Vs. Commissioner of Agricultural Income-tax, West Bengal
Court: Kolkata
Decided on: Dec-05-1957
Reported in: AIR1958Cal575,[1959]36ITR249(Cal)
P. Chakravartti, C.J.1. This is a reference under Section 63(1) of the Bengal Agricultural Income-tax Act of a single question of law which relates to the computation of income derived from land by agriculture through cultivation thereof by adhiars. The facts stated to us by the Tribunal are as follows;2. The assessee holds some agricultural lands in Cooch Behar which he cultivates through adhiars. The adhiars, as their name implies, receive for their labours a half-share of the produce grown, while the other half is received by the assessee. In the year 1957 B. S., relative to the assessment year 1951-52, the total yield of paddy from the assessee's lands was 4,500 maunds. After paying a half-share of that quantity to the adhiars, the assessee was left with 2250 maunds which he sold to the District Procurement agents at Rs. 7-15 per maund. In making the assessment, the Income-tax Officer took a view of the sales which was not accepted by the Assistant Commissioner and to which it is n...
Amarendra Lal Khan Vs. Commissioner of Income-tax, West Bengal
Court: Kolkata
Decided on: Dec-05-1957
Reported in: AIR1958Cal579,62CWN670,[1959]36ITR288(Cal)
P. Chakravartti, C.J. 1. This is a reference under Section 63 (2) of the Bengal Agricultural Income-tax Act of two questions of law, made by the Agricultural Income-tax 'Appellate Tribunal in compliance with an order passed by this Court on an application made by the nssessee. The date of that order, as given in the Statement of the Case, appears to he wrong, because if the order was made on 23-7-1954 and received by the Tribunal on 17-11-l954, as stated, the Statement of the Case could not have been prepared and signed on 14-12-1953. 2. The facts have not been very fully or clearly set out in the Statement of the Case. Nor do they appear from the appellate order which begins by stating the two grounds of law urged by the assessee and ends with an expression of the Tribunal's views upon them. It is said in the Statement of the Case that in order to enable the Tribunal to prepare it, 'the parties were given an opportunity of collating the necessary materials centering round the two ques...
J.B. Rai Vs. Kharga Singh Newar and ors.
Court: Kolkata
Decided on: Dec-02-1957
Reported in: AIR1958Cal263,1958CriLJ758
ORDERN.K. Sen, J.1. This is a Rule which was issued at the instance of the complainant J. B. Roy andis directed against an order of acquittal of the opposite parties of the charge under Section 147 of the Indian Penal Code by the Assistant Sessions Judge, Darjeeling. The opposite parties were originally convicted by Sri S. N. Choudhury, Magistrate. 2nd Class, Darjeeling, who sentenced each of them to suffer rigorous imprisonment for two months.2. Five respondents along with another were on their trial before the Magistrate on the following allegations:J. B. Boy, the petitioner was the Manager of Gopaldhara Tea Estate. It is stated that he along with his Garden Babu B. B. Roy was returning on the morning of 6-9-1956 after completion of Roll Call. The opposite parties met them on the way and laid before them their charter of demands for redress of their grievances. The petitioner J. B. Roy could not at the moment accede to their demands, whereupon the opposite parties attacked him with l...
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