Kolkata Court March 1957 Judgments
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Ananta Kr. Mondal Vs. BepIn Behari Naskar and ors.
Court: Kolkata
Decided on: Mar-06-1957
Reported in: AIR1957Cal383,1957CriLJ717,61CWN524
ORDERDebabrata Mookerjee, J.1. This is a petition for revision of an order of the Additional Sessions Judge, of 24-Paraganas, dated the 10th July, 1956, by which the petitioner's application for a further enquiry was rejected.2. The petitioner Ananda Krishna Mondal 2s a brother of Pran Krishna alias Palan Mondal who, it is said, was murdered on the night of the 23th, February, 1955, at the house of opposite party Bholanath Haldar in the village of Beota within Police Station Bhangar. The allegation is that all the six opposite parties murdered Pran Krishna and left him in a field close by. The petitioner lodged information with the Bhangar Police on the 3rd March, 1955, after discovery of the dead body in the field. The police held the usual investigation and submitted on the 6th August, 1955, a final report stating that the case was true, taut no clues had been obtained as respects the culprits. Thereafter a Naraji petition was filed on the 5th September, 1955, and it was judicially e...
Satya Narayan Transport Co. Ltd. Vs. Secretary, State Transport Author ...
Court: Kolkata
Decided on: Mar-06-1957
Reported in: AIR1957Cal638,61CWN726
ORDERBose, J. 1. This is an application under Article 226 of the Constitution for writs in the nature of Certiorari and Prohibition for quashing of an order made by the Appellate Sub-Committee of the State Transport Authority, West Bengal dated the 21st May 1956 modifying an order of the Regional Transport Authority dated the 6th January, 1956 in respect of grant of certain stage carriage permits under the provisions of the Motor Vehicles Act. 1939 and also for prohibiting the respondents from giving effect to the said order. 2. The case of the petitioner is that the petitioner is a Private Limited Company registered under the Indian Companies Act. There are three members of the Company who are brothers, viz., Hari Charan Metia, who is a Driver Mechanic, Sushil Chandra Metia. who is also a Driver Mechanic and Bankim Chandra Metia. who is the Managing Director of the said Company. Since the incorporation of the Company on the 29th May, 1949 the petitioner has been plying stage carriages...
R.N. Bose Vs. Manindra Lal Goswami
Court: Kolkata
Decided on: Mar-06-1957
Reported in: AIR1957Cal696,[1958]33ITR435(Cal)
Chakravartti, C.J.1 By the judgment under appeal before us Sinha J., has decided two questions, but as the application before him could have been disposed of on a single ground and the present appeal can be disposed of likewise, it is really not necessary to consider the question arising out of the second ground. Mr. Meyer, however, invited us to decide the second question as well, because it had been canvassed before the learned trial Judge and because, he said, the Department needed a decision for its guidance. We shall accede to his request. 2. The facts are these. The respondent was one of three partners of an unregistered firm, carrying on business at 12 Dalhousie Square, Calcutta, under the name and style of Dyes and Chemical Agency. It is said, that the firm did business only from, 1st of April 1940 up to 31st of March, 1944 and that a notice of its dissolution was given to the Income-tax Department on or about 14th of January, 1947. The Department did not admit or deny receipt ...
Madhusudan Sen Gupta Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-05-1957
Reported in: AIR1958Cal25,1958CriLJ25,61CWN856
Das Gupta, J.1. This appeal is under Clause (a) of Sub-section (1) of Section 411-A of the Code of Criminal Procedure. The appellant was tried along with three persons, Sudhir Roy alias Sudhin, Chittaranjan Das alias Chitta and Kartick Chandra Das, on a charge under Section 399 of the Indian Penal Code and on two other charges, both under Section 19(f) of the Indian Arms Act -- one of these being in respect of possession without licence of one sten gun and the other in respect of possession without licence of twenty-two cartridges. The jury returned a unanimous verdict of guilty against all the four persons on both the charges under Section 19(f) of the Indian Arms Act. In respect of the charge under Section 399 of the Indian Penal Code, the jury were divided in the proportion of seven to two and the majority verdict was that all the accused persons were guilty of that offence. The learned Judge agreed with the majority verdict in respect of the offence under Section 399 of the Indian ...
In Re: Calcutta City Bank Ltd.
Court: Kolkata
Decided on: Mar-05-1957
Reported in: AIR1957Cal508,62CWN39
ORDERP.B. Mukharji, J.1. This is an application by the Court Liquidator under Section 45G of the Banking Companies Act for public examination of five persons who are directors of the Calcutta City Bank Ltd. now in liquidation. Except one, all the four other directors have appeared through Counsel.2. This bank was directed to be wound up by an order of the Court dated 25-4-1949. After the Court liquidator as Official Liquidator took over charge of this Bank in liquidation, he caused an investigation to be made from the availble bocks and records by the Audit Investigating Officer attached to his office. From the report of the said officer, the liquidator has formed his opinion that loss has been caused to this banking company.3. In support of his opinion he furnishes three major facts. One is that a firm named Finance and Facilities had an overdraft account with the bank. The address of the firm appeared to be the same as that of the bank itself. The liquidator suggests that it is appar...
Lala Baijnath Prosad and ors. Vs. Nursingdas Guzrati Overruled
Court: Kolkata
Decided on: Mar-01-1957
Reported in: AIR1958Cal1,61CWN494
Chakravartti, C.J.1. On 16th of August, 1930, the Respondent Narsingdas Guzrati obtained from Lort-Williams J., sitting on the Original Side of this Court, a decree for money against 38 defendants. That decree was signed by S. R. Das, J. on 10th September, 1943 and a certified copy of it was obtained by the decree-holder on the following day. On 4th of August, 1953, the decree-holder applied for the execution of his decree. Not unnaturally, an objection was at once raised on behalf of some of the judgment-debtors that execution of the decree could no longer be had, because the twelve years' time allowed by Article 183 of the Limitation Act had long expired. The decree-holder's reply was that he had still the right to execute his decree because, according to him, in computing the period of limitation, he was entitled to exclude three periods of time which would bring his application within twelve years. He also contended that there had been acknowledgments of liability which had given a...
Ramani Ranjan Das Vs. Manindra Lal Saha
Court: Kolkata
Decided on: Mar-01-1957
Reported in: AIR1958Cal231
ORDERRenupada Mukherji, J. 1. This Rule is directed against an order passed by the Munsif, Second Additional Court, Alipore, in connection with an application filed under Section 17 of the West Bengal Premises Tenancy Act, 1956.2. It appears from the facts of the case that the plaintiff petitioner instituted a suit fop ejectment of the defendant opposite party from a certain stall of a Refugee Market described in the schedule of the plaint. Summons of the suit was served on the defendant on 17-8-1956. 10th September 1956 was fixed for ascertaining contest. Thereafter on the defendant's prayer 5th November, 1956 was fixed for filing written statement. On an interim date, that is, on the 27th September, 1956, the plaintiff filed a petition drawing the attention of the Court that the defendant had not deposited his arrears within the period of one month from the date of service of the summons as prescribed in Section 17(1) of the West Bengal Premises Tenancy Act, 1956. So a prayer was mad...
Southern Bank Ltd. Vs. Kesardeo Ganeriwalla and ors.
Court: Kolkata
Decided on: Mar-01-1957
Reported in: AIR1958Cal377,62CWN444
Sarkar, J.1. On 17-7-1946, probate of a Will, alleged to have been executed by Rami Bibi, a Hindu widow, was granted by this Court. It appears from the probate that the will was executed by her on 11-4-1946. She died on 6-6-1946, leaving as her sole heir, her adopted son, the respondent Purushottamlal. By the will Rami Bibi devised and bequeathed premises No. 166, Muktaram Sabu Street, Calcutta, which stood in her name, to Parameswari, the wife of Purushottamlal for life and after her death to the sons of Purushobtamlal absolutely. She also bequeathed all her movables to Parameswari, absolutely. She does not appear to have had any other property. The result of the will was that Purushottamlal was completely disinherited. 2. The appellant, the Southern Bank Ltd. which is a creditor of Purushottamlal made the application out of which this appeal arises, for an order revoking the probate and directing the executor to prove the will in solemn form. The application was heard by P. B. Mukhar...
Corporation of Calcutta Vs. SirajuddIn and ors.
Court: Kolkata
Decided on: Mar-01-1957
Reported in: AIR1957Cal399,1957CriLJ722,61CWN1009
Chakravartti, C.J. 1. This is a Reference under Ch. VII, Rule 5 of the Appellate Side Rules made by Mitter and Guha Ray, JJ., in a criminal revision case, arising out of certain proceedings instituted by the Corporation of Calcutta under Section 364 (1) of the Calcutta Municipal Act, 1923. The circumstances in which the Reference came to be made were as follows: 2. Opposite party No. 1, Sk, Sirajuddin, is the owner of premises Nos. 70 and 71, Phears Lane, Calcutta. The remaining opposite parties are only tenants or occupants and, therefore, need not be considered further. The premises are bounded on one side by Phears Lane and on another by a road which has been called the Corporation Road. Both of them are public roads. 3. It appears that on the 17th of January, 1947, the Corporation detected certain unauthorised projections on the northern side of the building and instituted proceedings under Section 363 (1) of the Calcutta Municipal Act, 1923. Those proceedings came to an end on the...
In Re: Calcutta Stock Exchange Association Ltd.
Court: Kolkata
Decided on: Mar-01-1957
Reported in: AIR1957Cal438,61CWN448
ORDERP.B. Mukharji, J.1. This is an application by a registered partnership firm called Srigopal Jalan & Co. for an order upon the Calcutta Stock Exchange Association Limited to file a return of allotment in the prescribed form giving all necessary particulars with the Registrar, Companies in respect of 70 forfeited shares re-issued and allotted by the Stock Exchange. The summons was taken out on the 29th June 1956 when the new Companies Act, 1956, had come into operation.2. The application is based on Section 75 of the Companies Act, 1956 and is made under Section 614 of that Act. It raises an important question of principle which involves construction and interpretation of Section 75 of the Companies Act. Before proceeding to discuss law I shall briefly state the facts which are short and simple:3. The applicant claims to be a member and shareholder of the Calcutta Stock Exchange Association Limited; Its case is that the company has from time to time forfeited 70 shares of Rs. 1,000/...
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