Kolkata Court April 1957 Judgments

In Re: Central Calcutta Bank Ltd. (In Liqn.)

Court: Kolkata

Reported in: AIR1957Cal520,61CWN709

ORDERP.B. Mukharji, J.1. This is a proceeding under Section 45-G of the Banking Companies Act, The proceedings relate to the affairs of the Central Calcutta Bank Ltd., now in Liquidation.2. The Report of the Court Liquidator who is the Official Liquidator of the Central Calcutta Bank Ltd. (in Liquidation) was submitted to this Court under Section 45-G of the Banking Companies Act on 2-1-1957. The main prayer in the Report asks for an order directing public examination of the Directors of the Bank mentioned in the Report on a date to bo appointed by the Court. The names of the Directors for the relevant period are mentioned in paragraph 4 of the Report of whom No. 1 Charu Chandra Dutt, who was the Chairman of the Board of Directors, is now dead and two others, Nos. 12 and 13 being respectively Asoke Kumar Sen and Jotindra Chandra Rui, have been released from these proceedings by me on the ground that they were not concerned with the transactions complained of during the relevant period....

Hemanta Kumar Mukherjee and ors. Vs. Prafulla Kumar Bhattacharjee

Court: Kolkata

Reported in: AIR1957Cal685

P.N. Mookerjee, J. 1. In this appeal the dispute relates to the validity of a transaction of sale of a pala of the Kalighat temple and the decision depends upon the true meaning and scope of the relative rule, laid down in the case of Mahamaya Devi v. Haridas Haldar. 20 Cal LJ 183: (AIR 1915 Cal 161 (2) ) (A) and its effect on the rights of the parties in the present case in the particular facts hereof. In the two courts below, the parties differed also on the question of the true nature of the disputed transaction, namely, whether it was a mortgage or a sale, but, the courts below having concurrently held that it was a sale, the appellants have not chosen to reiterate their said contention in this Court that it was a mortgage and not a saleThe appeal has been argued by their learned Advocate upon the footing that the transaction was a sale and not a mortgage and the only contention that has been pressed before us is that the sale of the pala is not valid, it being outside the sanction...

Baidyanath Bhattacharjee Vs. Nirmala Bala Devi

Court: Kolkata

Reported in: AIR1957Cal649,61CWN528

P.N. Mookerjee, J. 1. This is the defendant's appeal against a decree for ejectment. The facts lie within a short compass and the dispute also is confined to twopoints.2. The subject-matter of the suit is premises No. 7, Prannath Pandit Street. It was purchased by the plaintiff on 3-12-1946, from its then owner Kalidas Mukherjee. The defendant was a tenant under Kalidas. He was in occupation of the disputed premises as such tenant at the date of the plaintiff's purchase. The defendant's tenancy commenced under a registered lease, dated 7-4-1945. It was for a term of one year. The defendant, however, held over under Kalidas on the expiry of his said lease and, when the plaintiff made her purchase, this tenancy of the defendant by holding over was in force. By a notice to quit, served in January 1950, the plaintiff asked the defendant to vacate the premises on the expiry of 7-4-1951, and make over vacant possession to her on and from the 8th and the defendant having defaulted to comply w...

Nanda Kumar Banerjee and ors. Vs. Board of Trustees for the Improvemen ...

Court: Kolkata

Reported in: AIR1957Cal578

Chakravartti, C.J.1. The appellants arc the owners of premisesNo. 55-A, Raja Raj Ballav Street, situated in thenorthern part of Calcutta. It is a fairly commodious house, built on 8 kottas of land and standingon its own grounds 01 12 more kottas. The houseis a three-storeyed one and there is a foundationonly for three storeys.2. By a scheme finalised in 1949, the land on which the house stands was included in the area which, under that scheme, is liable to be charged with a betterment fee. The application out of which the present appeal arises was directed against such incluision of the land in the scheme.3. The material facts are as follows:-- It appears that the Calcutta Improvement Trust has long had among its plans a project for extending the thoroughfare formerly known as the Central but, now known as Chittaranjan Avenue, upto the Chitpore Bridge. In connection with that project, an alignment, called Alignment No. IX, has teen in existence since 1917. On the llth'May 1932. a schem...

Sri Kalidas Chakravarti Vs. State of West Bengal Through the Secretary ...

Court: Kolkata

Reported in: AIR1958Cal241

ORDERH.K. Bose, J.1. This is an application under Article 226 of the Constitution for an appropriate writ directing the respondents Nos. 1 and 2 to recall or rescind an order cancelling the petitioner's licence granted under the provisions of the Bengal Excise Act and to restore the licence to the petitioner.2. The petitioner had a liquor shop at Domar in the District of Rangpur now in Eastern Pakistan, since 16-12-1930. The said shop was looted in March, 1950 as a result of communal disturbances, and the petitioner thereafter abandoned the stock m the said shop and migrated to the Indian Union to settle here permanently. In pursuance of a notification issued by the Government for settlement of a new shop at Siliguri the petitioner on or about the 23rd December, 1952 filed an application for grant of a licence in respect of the foreign liquor shop at Siliguri in the district of Darjeeling. Such licences are known as 'F. L. Off' licences and the sale was to be either by wholesale or by ...

Ladhuram Taparia Vs. D.K. Ghose and ors.

Court: Kolkata

Reported in: AIR1957Cal667,61CWN926

Chakravartti, C.J.1. A firm, assessed to income-tax, contends in this appeal that, the proceedings for the recovery of the tax, initiated against it, are altogether bad and that the four objections taken by it before the learned trial Judge should have all been allowed, instead of being turned down, as they were, The assessment itself is not in question in this appeal. We are informed that the appellant has preferred an appeal to the Supreme Court against the order of the Income-tax Appellate Tribunal and that that appeal is pending. The questions raised in the present appeal are limited to the validity of the certificate proceedings commenced against the appellant and the authority of the officer who is carrying on those proceedings.2. The material facts are as follows. The firm is said to have been formed on 28th of February, 1941, though the instrument of partnership was executed on 16th of October, following. Registration of the firm under the Partnership Act was duly made. The fir...

Administrator, Howrah Municipality Vs. Byron and Co. (Manager, D.D. Bu ...

Court: Kolkata

Sen, J.1. These three appeals are directed against an order of acquittal of the accused respondent, Messrs. Byron & Co., in three cases under Section 16(1)(a) read with Section 7(v) of the Prevention of Food Adulteration Act (37 of 1954) which is a Central Act. The cases were started on applications for summons filed by a Food Inspector of the Howrah Municipality, Haripada Dutta. The charge in each case, as stated in the application for summons, was storing and selling and manufacturing of aerated water which was adulterated. According to the evidence of Haripada Dutta, he purchased for the purpose of analysis samples of Ice Cream Soda, manufactured and stored for sale by the respondent Company, on 13th March, 1956, and he took samples of Lemonade, manufactured and stored for sale by the same Company, on 10th April, 1956, and on the same date he also took Samples of Ice Cream Soda, manufactured and stored for sale by the same Company. These samples were sent for analysis to the Public ...

Ladhuram Taparia Vs. D. K. Ghosh and Others.

Court: Kolkata

Reported in: [1958]33ITR407(Cal)

CHAKRAVARTTI, C.J. - A firm, assessed to income-tax, contends in this appeal that the proceedings for the recovery of the tax, initiated against it, are altogether bad and that the four objections taken by it before the learned trial Judge should have all been allowed, instead of being turned down, as they were. The assessment itself is not in question in this appeal. We are informed that the appellant has preferred an appeal to the supreme Court against the order of the Income-tax Appellate Tribunal and that that appeal is pending. The questions raised in the present appeal are limited to the validity of the certificate proceedings commenced against the appellant and the authority of the officer who is carrying on those proceedings.The material facts are as follows : The firm is said to have been formed on the 28th of February, 1941, though the instrument of partnership was executed on the 16th of October following. Registration of the firm under the Partnership Act was duly made. The...

Sm. Chandra Kala Devi and ors. Vs. Central Bank of India Ltd.

Court: Kolkata

Reported in: AIR1959Cal153,62CWN881

S.R. Das Gupta, J.1. This appeal arises out of an objection raised to an application for execution of a decree. The appellants before us were the heirs of the deceasedjudgment-debtor against whom a decree for recovery of money was passed. That decree was put into execution and the Execution Case was numbered 85 of 1953. The amount for which the execution proceedings were originally started was Rs. 3077-15 which included costs of the suit and costs of the certified copy of the decree. I should have mentioned that against the said original decree there had been an appeal to this Court which was dismissed. The present Execution Case was started after such dismissal. On the 16th July 1954, after the original application for execution was filed, a petition was presented to the Subordinate Judge, Asansol, by the decree holder for an amendment of the execution petition by including a prayer for Rs. 932/- as the added interest. In that petition it was stated that the original decree was amende...

W. Hay and ors. Vs. Aswini Kumar Samanta

Court: Kolkata

Reported in: AIR1958Cal269

P.N. Mookerjee, J. 1. This Rule raises a short but interesting question. It is directed against an order of the learned Subordinate Judge, Second Court, Alipore, refusing the petitioners prayer for rejecting the plaint on the ground that it discloses no cause of action. 2. The suit which was filed by the opposite party against the present petitioners was one for mandatory injunction and damages. The suit was instituted on June 27, 1955, and upon the following allegations, inter alia,: (i) That the opposite party was an old employee holding a responsible post under Mackintosh Burn Ltd. of which the petitioners were Directors; (ii) That the opposite party was the Secretary of the (Workers') Union and, on account of his efforts to improve the lot of the workers, he had incurred the displeasure of his employers; and (iii) That, actuated by malice, the petitioners, on false pretext, issued a warning order to the opposite party, threatening him with dismissal; and they also had it circulate...