Kolkata Court January 1958 Judgments
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Commissioner of Wakfs, West Bengal Vs. Hazi Rashid Ali Dina and ors.
Court: Kolkata
Decided on: Jan-30-1958
Reported in: AIR1958Cal413
P.N. Mookerjee J. 1. This appeal is by the Commissioner of Wakfs, West Bengal, who was defendant No. 8 in the declaratory suit, out of which the appeal arises. The suit was brought for a declaration that a deed, dated March 6, 1944, which is Ext. 1 in the case, was not a valid deed of wakf according to the rules of Mohammedan Law or under the Mussalman Wakf Validating Act, 1913, namely, Act VI of 1913. There were also other prayers in the plaint but, with them, we are not concerned in this appeal as it is not disputed before us that if the declaration in terms of the above first prayer, as made by the court below, be legal and valid, its decree should be affirmed. This is primarily because the said other prayers did not really affect the present appellant and the persons who might have been affected by the same did not object to the decreeing of the suit and have not preferred any appeal to this Court.2. The learned Subordinate Judge has held that the purported wakf, sought to be creat...
Dhirendra Nath De Vs. Naresh Chandra Ray and ors.
Court: Kolkata
Decided on: Jan-30-1958
Reported in: AIR1958Cal453,62CWN569
K.C. Das Gupta, J.1. The appellant instituted the suit out of which this appeal has arisen for recovery of arrears of rent from the defendants and also for declaration of a charge on one-sixth share in the putni mahal in the terms of the contract creating a darpatni. This one-sixth share of the putni had since then come into the hands of defendant No. 5. A further prayer was made that if the decretal amount was not paid amicably within the time fixed, it might be realised by sale of the charged property and if even that was not sufficient to realise the amount by sale of other properties belonging to the defendants.2. The suit was contested by defendant No. 5 alone. The main defence taken on his behalf was that the one-sixth share of the putni, which he had purchased from the original darpatnidar, was not liable to be charged for the arrears of rent. It was contended on his behalf that Section 168A of the Bengal Tenancy Act being a bar to the execution of a decree for arrears of rent d...
Sailen Sardar and ors. Vs. the State
Court: Kolkata
Decided on: Jan-30-1958
Reported in: AIR1958Cal668,1958CriLJ1396
ORDERN.K. Sen, J. 1. This is a Rule calling upon the District Magistrate of 24-Parganas to show cause whythe conviction of the petitioners under Section 427 of the Indian Penal Code should not be set aside. The petitioners were convicted for having cut off a roofupon the complainant's verandah and for having levelled the raised earth of the verandah causing aloss of about Rs. 50/- to the complainant. 2. The complainant Nani Lal Naskar and the petitioners had a common passage passing by the south of their houses. It was alleged that the petitioners had illegally pulled down the thatch and levelled the plinth that the complainant had erected abutting his house. The complainant asserted that he had constructed this roof and the plinth about 3 months prior to the date of occurrence. 3. Mr. Nalin Chandra Banerjee has in this revisional application taken up several points, namely, that this case which was triable as a summons case should not have been tried according to the procedure laid do...
In Re: Rampuria Cotton Mills Ltd.
Court: Kolkata
Decided on: Jan-29-1958
Reported in: AIR1959Cal253,63CWN11
H.K. Bose, J.1. This is an application under Section 107 of the Indian Companies Act 1956 for an order that the variation of the rights of the holders of the ordinary shares in a company known as Rampuria Cotton Mills Ltd. in terms of a purported resolution dated 18-5-1957 be cancelled and the Company, its Directors, servants and agents be restrained by an injunction from giving effect to the said variation or to the said resolution dated 18-5-1957.2. The Company to which this application relates is a public limited company which was incorporated under the name and style of Rampuria Cotton Mills Ltd. under the provisions or the Indian Companies Act in 1941. The authorised capital of the company is Rs. 4000,000/- divided into 3,50,000 ordinary shares of Rs. 10/- each and 5,00,000 deferred shares of Re. 1/- each. The issued share capital of the Company at all material times has been 2,00,000 ordinary shares of Rs. 10/-each and Rs. 5,00,000 deferred shares of Re, 1/-each. The subscribed a...
Krishna Das Nandy Vs. Bidhan Chandra Roy
Court: Kolkata
Decided on: Jan-28-1958
Reported in: AIR1959Cal181,63CWN29
P.N. Mookerjee, J. 1. This difficult case has been well argued and our only regret is that, however much we wished the contrary, this litigation would not end here but must go back to the trial court, though on a short point, for its final disposal. Complex, indeed, and varied were the questions which arose for our decision and the excellence of the arguments on either side added to their intricacies and enhanced our difficulties. We spent a considerable time over this case which had to be argued twice,--on a new point on the second occasion,--but we do not regret it as this space of time has borne fruit and it has not gone in vain and, eventually, we have been able to reach an agreed conclusion which accords with our sense of justice and view of the law. 2. The suit, out of which this appeal arises, was a suit for ejectment and mesne profits. The appellant before us was the defendant in that suit. The suit was brought by the plaintiff respondent on 23-6-1955. It was decreed by the lea...
The State Vs. Abdul Sukur
Court: Kolkata
Decided on: Jan-28-1958
Reported in: AIR1960Cal189,1960CriLJ342
ORDERN.K. Sen, J. 1. This is a reference under Section 438 of the Code of Criminal Procedure made by Sri S.N. Bagchi. Additional Sessions Judge, 24-Parganas re-commending that the conviction of the accused Abdul Sukur under Section 448 of the Indian Penal Code may be set aside, the learned judge being of the opinion that no offence has been made out on the prosecution case itself. 2. On a charge-sheet submitted by the Police against Abdul Sukur and another under Section 147/448 of the Indian Penal Code Abdul Sukur stood his trial, the other accused person was absconding. 3. The charge against Abdul Sukur was as follows : 'That you, on or about the 28th day of July, 1953 at Mudali P.S. Matiaburuj committed house trespass by entering into and remaining in the building of Gulum Md. used as a human dwelling with intent to annoy Gulam Mohammad and thereby committed an offence punishable under Section 448 of the Indian Penal Code, and within my cognizance.'4. As the learned Judge has not dis...
Bal Kissan Kejriwal Vs. the Collector of Customs and ors.
Court: Kolkata
Decided on: Jan-22-1958
Reported in: AIR1959Cal533,1959CriLJ1063
P.B. Mukharji, J. 1 This is an application by Bal Kissen Kejriwal alias Bal Krishna Kejriwal under Article 226 of the Constitution for a writ of Mandamus or Certiorari and prohibition in respect of proceedings under Sections 167 (3) and 167 (8) of the Sea Customs Act read with the Import and Export Control Act,1947. Actually two proceedings are mentioned in the petition and its prayers. One started with the notice to show cause No. S-37-255/55P (Part) II dated 7-2-1956 and the other started with the notice to show cause No. S37-272/55P dated 3-3-1956. Mr. R.C. Deb, learned Counsel for the applicant, has withdrawn this petition in so far as it relates to the first notice to show cause No. S37-255/55P (Part) II dated 7-2-1956. He was allowed to do so without prejudice to the rights and contentions of any of the parties. 2. The order complained against is dated 19-6-1956, but it was despatched on 25-7-1956. The order imposes a personal penalty of Rs. 30,000/-on the petitioner and directed...
W. Wood and Son Ltd. Vs. Bengal Corporation
Court: Kolkata
Decided on: Jan-21-1958
Reported in: AIR1959Cal8
P. Chakravartti, C. J. 1. Three points have been urged on behalf of the appellant in this appeal, two of them more or less ordinary and one out of the ordinary. On the first of them, the learned counsel for the appellant did not himself place much reliance, as he stated to us in the end.2. The appeal is against an order of P. B. Mukharji, J. refusing the appellant's prayer for staying a suit brought against it by the respondent, made on the ground that the dispute involved in the suit was covered by an arbitration agreement. The learned Judge has held that neither under Section 34 of the Arbitration Act, 1940, nor under Section 3 of the Arbitration (Protocol and Convention) Act, 1937, could the appellant have the stay prayed for. The former section was excluded, because the appellant could not be said to have been ready and willing to go to arbitration at the time of the institution of the suit. The second was excluded, because the Arbitration (Protocol and Convention) Act did not appl...
Sachindra Nath Mukherji Vs. the State of West-bengal and ors.
Court: Kolkata
Decided on: Jan-21-1958
Reported in: AIR1958Cal510
ORDERP.B. Mukharji, J.1. This is an application under Article 226 of the Constitution of India. The order of requisition No. 91/56 dated 6-10-1956, requisitioning premises No. 1/8, Dover Lane, Calcutta, is challenged. The requisition was made under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, (West Bengal Act V of 1947). The recital of purpose in that order was that the premises were needed for 'a public purpose''. The order as produced by, the Senior Government Advocate is directed to be filed in these proceedings. Although that order describes one Sm. Jyotsnabala Chakravarty as the owner of the premises, it is not disputed on any affidavit here that the applicant is the owner.2. The applicant seeks for a writ of mandamus directing the respondents to forbear from giving effect to the order of requisition dated 6-10-1956, in Requisition Case No. 91 of 1956 and, to cancel the same, and also for a writ of Certiorari to quash the proce...
Kshetra Nath Basak Vs. Collector of Land Customs and ors.
Court: Kolkata
Decided on: Jan-15-1958
Reported in: AIR1959Cal356,1959CriLJ700
ORDERP.B. Mukharji, J.1. This is an application under Article 226 of the Constitution. The applicant is Kshetra Nath Basak. His complaint is against the order of the Collector of Land Customs dated 24-1-1957 by which the Land Customs Collector confiscated the gold bullion and silver obsolete coins under Section 167 (8) of the Sea Customs Act read with Section 23A of the Foreign Exchange Regulation Act, 1947. These cold bullion and silver coins were seized on 2-8-1955 as being illegally and illicitly imported into India from Pakistan in contravention of Section 5 of the Land Customs Act, 1924 read with relevant Notifications mentioned in the Land Customs Collector's order issued under Section 8 (1) of the Foreign Exchange Regulation Act, 1947. The Land Customs Collector also held that an offence under Section 19 of the Sea Customs Act bad been committed as bring applicable under Section 23 of the Foreign Exchange Regulation Act, 1947.2. Mr. Section Burman, learned Counsel for the applic...
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