Kolkata Court February 1957 Judgments
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Kali Pada Das and ors. Vs. State
Court: Kolkata
Decided on: Feb-01-1957
Reported in: AIR1958Cal186,1958CriLJ499,61CWN339
ORDERDebabrata Mookerjee, J.1. These three petitioners have been convicted by a Magistrate of the First Class, Howrah, under Section 323 of the Indian Penal Code and each sentenced to pay a fine of Rs. 20/- in default, to suffer rigorous Imprisonment for five days. The petitioners applied to the Sessions Judge of Howrah for a reference to this Court with the recommendation that the convictions and sentences be set aside. The learned Judge, however, declined to interfere. The petitioners then obtained the present Rule.2. The prosecution case briefly is that on 20-1-1954, at about 5-45 p. m. when the complainant was taking tea at a tea shop, petitioner Kamdeo appeared and told him that his brother was calling him to his house. The complainant came out of the shop and while he was proceeding towards his house, he was dragged inside Dolgovinda Sing Lane and assaulted with lathi, fists, blows etc., by the petitioners. At the approach of witnesses the miscreants left the place, and the compl...
Satya Narayan Nathani Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-01-1957
Reported in: AIR1957Cal310,61CWN420
Chakravartti, C.J. 1. The appellant, Satya Narayan Nathani, complains of the requisition of a flat in the ground-floor of Premises No. 102-G, Russa Road, which is owned by him. He says that the requisition was not for a public purpose and such requisition being forbidden by the Constitution, it was unlawful and void. 2. The history of the requisition which is spread over a period exceeding four years makes strange reading. It appears that in 1945, there was a tenant in the flat whom the appellant did not wish to be there. Accordingly, he filed a suit for his ejectment and obtained a decree. The tenant appealed and having failed before the District Court, preferred a second appeal to this Court in which he failed again. Those proceedings lay between 1945 and 1948. Thereafter, on the 27th of October, 1948, an order under Section 8(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, requisitioning the premises, was served on the appellant, but it was r...
Gurudas Saha Vs. First Land Acquisition Collector of Calcutta and ors.
Court: Kolkata
Decided on: Feb-01-1957
Reported in: AIR1957Cal495
Sinha, J.1. The facts in this case are shortly as follows :2. The petitioner and his co-sharers were the proprietors of premises No. 20 Jadulal Mullick Road, Calcutta, being a five-storeyed house constructed on land of the approximate area of 4 cottahs 10 chattaks. The house was constructed in 1948, and the petitioner Gurudas Sana had 1/3rd share in the same. In or about 1951, the petitioner filed a suit in this Court for partition of the joint estate, being Suit No. 901 of 1951. On the 19th February, 1952 a decree was passed therein whereby it was declared that the said premises are incapable of partition by metes and bounds and so it was to be sold by a Commissioner under the provisions of the Partition Act, by public auction to the best purchaser, with liberty to the parties to bid at such sale. Under the said decree, two solicitors of this Court were appointed joint Commissioners and Receivers for the purpose of carrying out the directions in the decree. On the 4th February, 1953 t...
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