Kolkata Court August 1957 Judgments
Rambrahma Chabri Vs. the Dominion of India at Present Union of India ( ...
Court: Kolkata
Decided on: Aug-30-1957
Reported in: AIR1958Cal183
Renupada Mukherjee, J. 1. The plaintiff of the trial Court is the appellant in this appeal and the only point raised in this Court on behalf of the appellant is whether upon the facts of this case which are undisputed the Courts below should have decreed the suit after holding that the notice served under Section 80 of the Code of Civil Procedure was a legal and valid notice. 2. Briefly stated the following are the allegations in the plaint: The plaintiff is a brass and bell-metal dealer of Midnapur town and pro forma defendantDebendra Nath Kali is another dealer in such goods. They despatched several bags of brass and bell-metal scrap in June, 1945 to one S. C. De alias Satish Chandra De at Armenian Ghat in Calcutta under four railway invoices, the plaintiff being the consignor under three of them and the pro forma defendant being the consignor under the remaining invoice. Immediately after delivery of the goods had been taken by the consignee, the goods were seized by the police and ...
Tag this Judgment!Royal Calcutta Turf Club Vs. Commissioner of Income-tax, West Bengal, ...
Court: Kolkata
Decided on: Aug-29-1957
Reported in: AIR1958Cal166,[1958]33ITR616(Cal)
Chakravartti, C.J.1. The point involved in this Reference is a short point, but not tor the matter of that a very easy point to decide.2. The assessee is tire Royal Calcutta Turf Club whose business is to hold race meetings in Calcutta on a commercial basis. It holds two series of meetings during two different seasons of the year. The Club does not own any horses, nor does it employ any jockeys. It only holds race meetings. At those meetings, horses are run by persons who own them and they are ridden by jockeys who are employed by the owners. The Club has thus no direct concern with horses or jockeys. Nevertheless, it is important to the Club that jockeys of the requisite skill and experience should be available to the owners, because no horses can be run unless there are Jockeys to ride them and no races can be held unless there are jockeys to ride horses at the races.3. It appears that some time before 1948, the Club came to think that there was a risk of a serious decline in the num...
Tag this Judgment!Jugal Chandra Mondal Vs. Manindra Nath Mondal and ors.
Court: Kolkata
Decided on: Aug-29-1957
Reported in: AIR1958Cal537,62CWN244
S.C. Lahiri, J. 1. This Rule has been obtained by the plaintiff in a suit for partition against an order of the Subordinate Judge, First Court, Alipore, dated 19-6-1956, by which the learned Judge directed the plaintiff to pay ad valorem Court-fees upon certain properties included in the schedule to the plaint. 2. Briefly stated, the plaintiff's case in the plaint is that the plaintiff and the defendant No. 1 are two brothers having equal shares in all the joint family properties. Defendants Nos. 2 to 8 have been impleaded in the suit on the ground that certain properties which were claimed by the plaintiff as joint family properties stand in their names. Defendant No. 2 is the wife of defendant No. 1. Defendant No. 3 is the son of defendant No. 1. Defendant No. 4 is the wife of defendant No. 3 and defendant No. 5 is the widow of a predeceased son of the plaintiff. Defendant No. 6 is a private tutor of the family. Defendant No. 7 is a pleader of the Alipur Court and defendant No. 8 is ...
Tag this Judgment!Chottey Lal Vs. the State
Court: Kolkata
Decided on: Aug-28-1957
Reported in: AIR1959Cal32
K.C. Das Gupta, J.1. The Agricultural Produce (Grading and Marking) Act, 1937 provides in Section 3 that the Central Government may, after previous publication by notification the official Gazette, make rules fixing grade designations to indicate the quality of any scheduled article, defining the quality indicated by every grade designation, specifying grade designation marks to represent particular grade designations, authorising a person or body of persons subject to any prescribed conditions, to mark with a grade designation mark any article in respect of which such mark has been prescribed or any covering containing or label attached to any such article and specifying the conditions. The Schedule contains among other things 'Dairy produce'. Under the above provision, the Central Government made, in 1938 certain Rules which were called the Ghee Grading and Marking Rules, 1938. By these Rules which were applied to Ghee produced in India, they fixed the grade designation to indicate t...
Tag this Judgment!Gourepore Co. Ltd. Vs. Chairman, Naihati Municipality and anr.
Court: Kolkata
Decided on: Aug-28-1957
Reported in: AIR1958Cal151,62CWN227
ORDERSinha, J.1. The petitioner in this case is the Gourepore Co, Ltd., a Company registered under the Indian Companies Act, which is the owner of a Jute Mill situate within the jurisdiction of the Naihati Municipality, in the District of 24-Parganas. It is a large Mill, and occupies a large tract of land and it appears that the total area covered is 172.2667 acres, of which the area covered by buildings is 97 bighas 8 cottas. There are warehouses, quarters, club-houses, markets and, various other kinds of structures or installations. It is stated that for nearly a quarter of a century, the Mills have constituted a single holding, being Holding No. 236, Ferry Fund Road, Ward No. V. The valuation of the holding up to March 1954-55 was Rs. 6,36,313. Some time in October 1954, with a view to prepare the quinquennial revision of assessment 1954-55, under Section 137 of the Bengal Municipal Act, 1932 (hereinafter called the 'Act'), notice was given by the Assessor under Section 134. On the ...
Tag this Judgment!Kanailal Jatia and ors. Vs. Ramkrishnadas Gupta
Court: Kolkata
Decided on: Aug-28-1957
Reported in: AIR1958Cal128,1958CriLJ368
ORDERN.K. Sen, J. 1. These two rules arise out of two petitions of complaint filed by the opposite party Ram Krishna Dass Gupta against the five petitioners before the Chief Presidency Magistrate, Calcutta, charging them with having committed offences under Section 630 of Companies Act and under Section 424 of the Indian Penal Code. The petitioners now pray for quashing the orders of the Presidency Magistrate issuing summonses against them. 2. As the points involved are identical in both the rules, they will be dealt with together as hereunder. 3. Revision Case No. 750 of 1957 arises out of a Case No. C-894 of 1957. In this case the opposite party Ram Krishna Gupta instituted the complaint on behalf of J. K. Eastern Industries (Private) Ltd. Revision Case No.751 of 1957 arises out of Case No. C-895 of 1957 where the same opposite party instituted the case on behalf of Reform Flour Mills (Private) Ltd. The accused persons in both the matters are the same. 4. In Revision Case No. 750 of ...
Tag this Judgment!Re: Arbn. Seth Kerorimal Adwani Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-28-1957
Reported in: AIR1959Cal430
ORDERP.C. Mallick, J.1. This is an application under Section 33 of the Indian Arbitration Act challenging the validity of an arbitration agreement and an award passed thereunder. The petitioner undertook the construction of a runway at Gauhati Airfield under a contract with the Government evidenced by a tender submitted by him and accepted on behalf of the President, Indian Union by the Chief Engineer, C.P.W.D., Aviation Wing, on or about October 28, 1950. Time allowed for completion of the work was six months from the date of the written order: to commence the work, which, in the instant case, is November 15, 1950. Work of construction was not completed within time and it is alleged in the petition that not only the petitioner cannot be held responsible for this delay but that it has been recognised in writing by the senior Government officials-that this delay is not attributable to any fault OF laches on the part of the contractor.The construction work was actually completed on Octob...
Tag this Judgment!The Vice-chancellor, University of Calcutta and ors. Vs. Somesh Charan ...
Court: Kolkata
Decided on: Aug-23-1957
Reported in: AIR1958Cal131,62CWN259
Chakravartti, C.J.1. Among the Second Year Science Students ef Santipur College who were sitting for their Test Examination in December 1956, was one Somesh Charan Chowdhury. The examination was proceeding and the practical test in Chemistry had just been concluded when the College received a communication from the Registrar of the University, dated the 3rd December 1956, which said that the Syndicate did not approve of Chowdhury's admission to the College. Chowdhury had begun his First Year as a student of the Santipur College, but had gone away after some time to another College with a certificate of transfer and subsequently returned. The disapproval of the Syndicate had reference to the second term of his membership of the College. If the Syndicate did not approve of Chowdhury's re-admission to the College, it meant that they would not recognise him as one of its students and the consequence would be that the College would not be able to send him up for the University examination, ...
Tag this Judgment!Birendra Kumar Chatterjee and ors. Vs. Reliance Jute Mills Company, Lt ...
Court: Kolkata
Decided on: Aug-23-1957
Reported in: (1958)IILLJ67Cal
Sri Lahiri, J.1. This is a rule under Article 227 of the Constitution at the instance of 32 clerical employees of Reliance Jute Mills Company, Ltd., against an award made by the second industrial tribunal, Calcutta, rejecting their application under Section 33A of the Industrial Disputes Act on the ground that it had no jurisdiction to deal with that application. The facts which are material for the determination of this case may be briefly stated as follows.2. As a result of closing down of 301 looms of the Reliance Jute Mills Company, Ltd., a, large number of mechanical workers of that mill were retrenched and at the instance of the retrenched mechanical workers, an industrial dispute was raised and it was referred to the seventh industrial tribunal by order No. 3452-Dis/D/7L/5/65 bearing the date 7 August 1956, and signed by the Joint Secretary to the Government of West Bengal on 10 August 1956. By order No. 4168-Dis/D/ 7L/5/55, dated 17 September 1956, the State Government, in supe...
Tag this Judgment!Sheonath Singh Vs. Commissioner of Income-tax, West Bengal
Court: Kolkata
Decided on: Aug-22-1957
Reported in: AIR1958Cal606,[1958]33ITR591(Cal)
Chakravartti, C.J.1. One Mr. Sheo Nath Singh objected to the adding back of a sum of Rs. 14,000/- in his assessment for the year 1944-45 and having failed to obtain complete relief from the Appellate Assistant Commissioner, became desirous of preferring an appeal to the Appellate Tribunal. The order of the Appellate Assistant Commissioner was passed on the 30th of July, 1954 and a copy of it reached Mr. Singh on 5th of August following. Making allowance for certain holidays, the last day for filing the appeal before the Appellate Tribunal would be 13th of October, 1954. On 30th of September, 1954, a memorandum of appeal was filed in the office of the Tribunal, but it was neither signed nor verified by Mr. Singh. It was both signed and verified by an authorised representative, one Mr. S.K. Ray, and along with the memorandum was filed a document of authority. The Assistant Registrar of the Tribunal pointed out that the memorandum had not been signed by the appellant, whereupon the author...
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