Kolkata Court July 1957 Judgments
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Ram Naresh Kumar and ors. Vs. the State and anr.
Court: Kolkata
Decided on: Jul-15-1957
Reported in: AIR1958Cal445,1958CriLJ1018,62CWN59
S.N. Guha Ray, J.1. This petition in revision is directed against an order by which all the petitioners were convicted under Section 27, industrial Disputes Act on two counts, the first committed on 29-7-53 and the second on 16-8-53, petitioners Nos. 1 & 2 being each sentenced on each count to a fine of Rs. 25/- only or in default, to a week's simple imprisonment, and petitioners Nos. 3 and 4 each to a fine of Rs. 100/-only on each count or simple imprisonment for 30 days in default. There was an unsuccessful appeal by them.1a. B. K. Pain, petitioner No. 3 and Abdul Hakim alias Moku mistry, petitioner No. 4 were admittedly the General Secretary and the President respectively of the Bengal Kagajkal Majdoor Union which counted among its members the workers of Mills No. 2 of the Titaghar Paper Mills Co. at Kankinara, of which Bookless, P. W. I was admittedly the Manager and Superintendent and petitioners Nos. 1 and 2 Ram Naresh and Idris were admittedly workers. It is further an admitted ...
Ranjit Kumar Pal Chowdhury Vs. Murari Mohan Pal Chowdhury and ors.
Court: Kolkata
Decided on: Jul-12-1957
Reported in: AIR1958Cal710,62CWN390
S.C. Lahiri, J. 1. These six Rules have been obtained by several defendants against an order of the Subordinate Judge, 1st. Court Howrah, dated the 3rd August, 1954, by which the learned Subordinate Judge has decided a preliminary issue on rnultifariousness in favour of plaintiff. The facts which are relevant for the purposes of these Rules are these: The plaintiff opposite party instituted a suit for partition as far back as the 12th of March, 1941, and the suit was registered as Title suit No. 5 of 1941. In the plaint as originally filed, there were only seven items of property in the schedule. But from time to time by amendment of the plaint the plaintiff was allowed to include certain other properties. Amongst the defendants who were impleaded as parties to the suit, defendants Nos. 1 to 19 are members of the Pal Choudhury family and are co-sharers of the plaintiff but defendants Nos. 20 to 27 were impleaded on the allegation that some of the properties which are really parts of th...
Sudhindra Nath Dutt Vs. the State
Court: Kolkata
Decided on: Jul-05-1957
Reported in: AIR1957Cal677,1957CriLJ1245,62CWN1
Chakravartti, C.J.1. The appellant Sudhindra Nath Dutt was convicted by Sen J., at a Sessions trial held on the Original Side of this Court on a charge under Section 120-B, read with Sections 477A and 408 of the Indian Penal Code and seven other charges of specific offences under Section 477A. The verdict of the jury was divided in the proportion of 6 to 3. The learned Judge sentenced the appellant to rigorous imprisonment for four years on the first count, but as regards the remaining counts, he did not pass any separate sentence.2. The offences charged against the appellant were alleged to have been committed by him in his capacity of Managing Director of a bank, called the Calcutta Commercial Bank. He was an accused in several other trials held at the same sitting of the Criminal Sessions for other offences alleged to have been committed in connection with the affairs of the same bank. At all those trials he was further convicted and the sentence passed on one of the convictions was...
Clive Mills Ltd. Vs. Swalal Jain
Court: Kolkata
Decided on: Jul-03-1957
Reported in: AIR1957Cal692
P.B. Mukharji, J. 1. The Arbitrators of the Bengal Chamber of Commerce have stated a special case for the opinion of this Court under Section 13(b) of the Arbitration Act, 1940. This was Case No. 859 of 1955, between Clive Mills Co. Ltd. v. Swalal Jain, before the Arbitrators. The dispute between them arose under a jute contract dated the 7th July 1954, whereby the buyer Clive Mills Co. Ltd., agreed to purchase from sellers Swalal Jain, 20,000 maunds of Mymensingh and/or Couripur and/or Bhairab (Pakistan) bottom jute at the rate of Rs. 24 per maund on the terms and conditions stated in the usual form of bought note in the Indian Jute Mills Association, a copy of which has been annexed with the Arbitrators' statement of the case. The major part of the contract has been performed by delivery of 19,004 maunds of jute. The dispute that went before the Arbitrators relates to the small balance of 596 maunds. The buyers claimed Rs. 11,324 in respect of this balance of jute and submitted their...
Ram Chandra Ram Nag Ram Rice and Oil Mills Ltd. Vs. Howrah Oil Mills L ...
Court: Kolkata
Decided on: Jul-02-1957
Reported in: AIR1958Cal620,62CWN773
S.C. Lahiri, J. 1. The plaintiff which is a limited Company has obtained this Rule against an order of the District Judge of Howrah affirming on appeal an order made by the First Subordinate Judge of Howrah under Section 34 of the Indian Arbitration Act of 1940. The plaintiff sued for the recovery of a sum of Rs. 4233-11-6 alleged to be due to it as the balance of price of goods sold and supplied to defendant No. 1 on the basis of various contracts entered into on diverse dates in the year 1942. According to the plaintiff, the defendent No. 1 is the buyer of goods and defendant No. 2 acted as the agent of defendant No. 1. The suit was originally filed on 21-7-1945, in the court of the 1st Subordinate Judge of Gaya and registered as Money suit No. 90 of 1945. After passing through various stages the suit was ultimately taken up for hearing on a preliminary issue as to whether the 1st Subordinate Judge of Gaya had territorial jurisdiction to entertain the suit. By an order dated the 22nd...
Madan Mohan Demma Mal Ltd. and anr. Vs. the State and anr.
Court: Kolkata
Decided on: Jul-02-1957
Reported in: 1958CriLJ574
Guha Ray, J.1. The appellants Messrs. Madan Mohan Demma Mal Ltd. and O.P. Manglik, the Manager of Madan Mohan Demma Mal Ltd. were convicted under Section 462 read with Section 537 of the Calcutta Municipal Act for storing for sale adulterated mustard oil in Tank Wagon No. 75612 and sentenced each to a fine of Rs. 1000/-.2. The facts, as far as they are beyond dispute, are briefly that under an arrangement between the Enforcement Branch of the Calcutta Police on the one hand and the U. P. Oil Millers' Association on the other the. Honorary Secretary of the U. P. Oil Millers' Association informed the Deputy Commissioner of the Enforcement Branch on 3-1-1955 by Ex. S. of the arrival of Tank; Wagon No. 75612 containing mustard oil belonging to Messrs. Madan Mohan Demma Mal Ltd. who are both the consignor and the consignee at Pathuriaghat Siding. Kalidas Ganguli, defence witness no. 9, a Sub-Inspector of the Enforcement Branch together with another Sub-Inspector went to the Corporation offi...
Province of West Bengal Vs. Mohan Lal Jain
Court: Kolkata
Decided on: Jul-01-1957
Reported in: AIR1961Cal663,63CWN907
P.N. Mookerjee, J. 1. This appeal arises Out of a suit, being Money Suit No. 20 of 1947, instituted by the plaintiff respondent Mohan Lal Jain on August 13, 1947, against the then Province of Bengal for recovery of certain sums as commission, godown rent and interest. The plaintiff is a merchant of Berham-pore in the district of Murshidabad. His case is that, in November 1943, he was requested by the then District Magistrate of Murshidabad to receive certain quantities of food grains, consigned by the Directorate of Civil Supplies, Bengal, and store the same for a short period after redeeming the bills and paying the Railway freight and all other charges and that, accordingly, he received and stocked a large quantity of wheat and bajra in his godown after incurring the above expenses. The stocks were not, however, cleared out quickly and the plaintiff, thereupon, asked for godown rent and some commission and, in March, 1944, the then District Magistrate of Murshidabad agreed that the p...
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