Kolkata Court February 1957 Judgments
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Bharat Glass Works (Private) Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-15-1957
Reported in: AIR1957Cal347
ORDERSinha, J. 1. The petitioner in this case is Messrs. Bharat Glass Works (Private) Ltd. It carries on business as manufacturers and producers of glass and ceramics, having its factory at Belkhoris in the 24 parganas. On or about the 11th December, 1954 the respondent No. 4, the Bharat Glass Workers' Union, claiming to represent the workers of the petitioner-company, put forward a charter of demand. The demands were pretty exhaustive, but it is unnecessary for our purposes to deal with the nature thereof. The Govt, of West Bengal, by an order dated the 17th June, 1955 referred certain disputes between the petitioner-company and its workers, for adjudication under Section 10 of the Industrial Disputes Act, 1947. A copy of the Order of Reference is annexed to the petition and marked as Exhibit B. The petitioner-company appeared before the Tribunal, respondent No. 3 in this case, and took a preliminary objection to jurisdiction. The objection was that as the petitioner was carrying on a...
R. Kantilal and Co. and anr. Vs. Azizul Haque and Bros.
Court: Kolkata
Decided on: Feb-14-1957
Reported in: AIR1957Cal546,61CWN208
P.N. Mookekjee, J.1. These Rules are directed against an order of the learned Chief Judge, Court of Small Causes, Calcutta, directing 22 appeals pending before him from rent standardisation proceedings to be put up on a particular date for the fixation of a date of hearing. The order was passed under the following circumstances:The opposite parties, Messrs. Azizul Haque & Brothers, are the landlords in respect of several tenancies in premises No. P7, Old China Bazar Street, Calcutta. 19 of the tenants filed applications before the Rent Controller for fixation of standard rent. These applications were filed some time in the year 1949 when the Rent Control Act of 1948 was in force. The applications were heard together and rents were standardised by the learned Rent Controller. Against the decision the landlords appealed and there were 19 appeals filed by the landlords. There were, also three appeals filed by the tenants. These 22 appeals, which were filed before the learned Chief Judge, ...
Electric Supply Company of Burdwan Ltd. Vs. State of West Bengal and o ...
Court: Kolkata
Decided on: Feb-13-1957
Reported in: AIR1958Cal85
Chakravartti, C.J. 1. This is another of cases under Article 226 of the Constitution where the parties have not troubled to make a full and accurate disclosure of the facts and have left the Court to give its decision on considerations of a negative rather than positive character. 2. The history of the proceeding out of which the present appeal has arisen is as follows. The appellant company used to hold a licence for the supply of electrical energy in a certain urban or semi-urban area in Burdwan. The licence was originally granted to a firm to which the company apparently succeeded. In 1951, which is said to have been shortly after the present Managing Agents had taken over charge of the concern, there was widespread complaint about the inadequacy and efficiency of the supply of energy made by the company. The Burdwan Municipality, the railway authorities, the District officials, newspapers and members of the public all appear to have joined in making complaints. It was said that the...
Probhat Kumar Mukherjee Vs. Santi Ranjan Banerjee
Court: Kolkata
Decided on: Feb-13-1957
Reported in: AIR1957Cal375,61CWN553
Renupada Mukherjee, J. 1. An interesting question of law has arisen in this Second Appeal, namely, whether a legal title accrues in favour of a party in respect of a property which he has got under a petition of compromise filed by the interested parties in a suit for partition where no final partition decree has been engrossed on the requisite stamped paper as required by the Stamp Act. 2. An order to understand how this question of law has arisen, it is necessary to state only the following facts. Respondent Santi Ranjan Banerjee was inducted in a portion of premises No. 14, Iswar Ganguli Street by the appellant at a monthly rent of Rs. 10/- which was subsequently raised to Rs. 11/-. The appellant brought a suit for ejectment against the respondent alleging that the respondent had made defaults on three occasions of two consecutive months each within a period of 18 months prior to the institution of the suit. A further ground for ejectment made by the appellant was that the premises ...
State of West Bengal Vs. Narendra Nath Roy
Court: Kolkata
Decided on: Feb-12-1957
Reported in: AIR1958Cal21,61CWN472
Lahiri, J. 1. This is an appeal by the defendant, the State of West Bengal, in an action to recover a sum of Rs. 7,714-2-11 which is Said to represent the surplus sale proceeds of timbers and logs sold by the Forest Department. The plaintiff's case is that he purchased in auction lots Nos. A-19 and A-20 of 1941-1942 on the 17th of July 1941 for a sum of Rs. 9,700 and deposited Rs. 970 as security money and he paid a further 'sum of Rs. 1,555-15-8 by way of adjustment. On account of certain difficulties however the plaintiff could not pay the price according to the instalments specified in the agreement for sale with the result that the Forest Department took possession of the logs and timbers and sold a part of them for a sum of Rs. 7,018-3-3 after incurring expenses to the extent of Rs. 2,300 for rolling and removing the logs and sold the remaining part to Messrs. Bose and Co. for a sum of Rs. 10,170. According to the plaintiff the total amount received by the Government by the resale...
Srikuar Mohta and ors. Vs. Nripen Bhattacharjee
Court: Kolkata
Decided on: Feb-12-1957
Reported in: AIR1957Cal333,61CWN547
P.N. Mookerjee, J. 1. This Rule arises out of a proceeding for standardisation of rent and raises a short question. 2. The petitioners are the landlords and the opposite party the tenant under them in respect of the disputed premises which comprise only a shop room (shop room No. 8) in the ground floor of Municipal Premises No. 29, Strand Road, Calcutta. The detailed circumstances, under which this tenancy originated, are not material for purposes of the present Rule and it is enough to state that, in a suit (Suit No. 3211 of 1951) for recovery of possession of the disputed premises brought by the present petitioners against the opposite party and another person on the Original Side of this Court on certain allegations, there was a consent or compromise decree on March 26, 1952, whereunder the opposite party became the petitioners' tenant in respect of the said premises, namely, Shop Room No. 8, mentioned above, at a rental of Rs. 550 p.m. This agreed or contractual rent was to take ef...
Madan Gopal Daga Vs. Rallis, India Ltd.
Court: Kolkata
Decided on: Feb-12-1957
Reported in: AIR1957Cal598,61CWN368
P.B. Mukharji, J.1. This is a Notice of Motion taken out by the plaintiff for an order that the suit be directed to appear in the peremptory list for hearing and if necessary, the 'delay in payment of the sum of Rs. 500/- under order dated December 19, 1956 be condoned and the time for such payment by the applicant be extended upto such time as to this Court may seem fit and proper.2. This application raises an interesting point about computation of time under an order of this Court.3. This is a commercial suit instituted by the plaintiff for the recovery of the sum of Rs. 25,891/8/- from the defendant as damages for failure to supply gunny bags to the plaintiff under a contract. The suit appeared on the peremptory list for disposal on December 19, 1956. An application was then made orally for an adjournment. On 19th December 1956 my learned brother Section Rule Das Gupta J. thereupon directed the applicant to pay Rs. 500/-to the respondent by the end of December 1956 and, in default, ...
The State (Rameswar Tewari) Vs. Jagadish Pandey
Court: Kolkata
Decided on: Feb-08-1957
Reported in: AIR1958Cal311
ORDERDebabrata Mookerjee, J.1. This is a reference by the learned Sessions Judge of Jalpaiguri under Section 438 of the Code of Criminal Procedure recommending that an order of a Magistrate dated 20-9-1956, declining to issue processes for the attendance of threewitnesses for examination by the prosecution, be set aside.2. It appears that the accused was being tried on a charge under Section 324 of the Indian Penal Code in accordance with the provisions of Chapter XXI of the Code of Criminal Procedure. Copies of necessary documents were furnished to the accused under the provisions of Section 173 (4) of the Code. The case was eventually set down for hearing on 20-9-1956. On that date, an application was filed by the court sub-inspector in charge of the conduct of the prosecution, praying that three witnesses be summoned to give evidence in the case. The learned Magistrate refused the prayer on the ground that none of these witnesses had been examined by the police during investigation ...
Manilal and Sons Vs. Umedbhai and Co.
Court: Kolkata
Decided on: Feb-08-1957
Reported in: AIR1957Cal688
ORDERP.B. Mukharji, J.1. This is a Chamber Summons taken out by the plaintiff Manilal fit Sons, a firm carrying on business at No. 11A, Malacca Street, Singapore for an amendment of the plaint. This Chamber Summons is dated January 31, 1957. The suit was instituted on or about March, 31, 1951. The application, therefore, is made after about six years. It is also made when the suit is on the peremptory daily list for disposal.2. The nature of the amendment sought is to strike off the plaintiff firm altogether as the plaintiff and to introduce in its place the names of five partners, (1) Dayabhai Bikrambhai Patel, (2) Pravinbhai Dayabhai Patel, (3) Gangabeen Jshwar Bhai Patel. (4) Bachubhai Manibhai Amin and (5) Manibhai Maganbhai as carrying on business under the name of Manilal & Sons. The consequential amendments are also sought in the body of the plaint.3. The reason for the amendment is that the plaintiff firm is admittedly a non-resident firm not carrying on business in India. Unde...
Prabirendra Nath Nanday and anr. Vs. Narendra Nath Nanday
Court: Kolkata
Decided on: Feb-07-1957
Reported in: AIR1958Cal179
Renupada Mukherjee, J.1. This appeal raises a pure question of law which does not appear to be covered by any direct authority of this court, viz., whether the owner of an immoveable property can, on the termination of a license, maintain a suit against his licensee for a mandatory injunction directing him to vacate the property.2. In order to appreciate how the above question of law has arisen in this appeal it is necessary to state the following facts:---3. One deceased Bhabani Nath Nandi, a Superintendent of Police owned a house in Raja-shahi town which is now in East Pakistan. After the partition of Bengal he migrated to West Bengal and rented a house in Berhampore town within Murshidabad District belonging to a Muhammedan named Afazuddin Ahmed a Muk-tear of the local courts. The latter in his turn migrated to East Pakistan and occupied Bhabani Nath Nandy's house at Rajashahi as a tenant. Neither party paid any rent as the rents of the two houses being of the same amount were mutua...
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