Kolkata Court January 1958 Judgments
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Chhotka Vs. the State
Court: Kolkata
Decided on: Jan-15-1958
Reported in: AIR1958Cal482,1958CriLJ1170
Debabrata Mookerjee, J.1. Three persons, Pannalal Ganguly alias Ganguly alias Chhotka, Shyama Charan Das alias Shyama and Nero alias Dulal Chandra Das alias Panja were tried upon a charge Under Section 302/34 I. P. C. before an Addl. Sessions Judge, 24 Parganas, sitting with a Jury. By a unanimous verdict the Jury found Shyama and Nero not guilty and found by a majority of 7 to 2 the accused Chhotka guilty of the offence of murder. In agreement with these verdicts the trial Judge acquitted Shyama and Nero and convicted Chhotka of murder and sentenced him to death. The condemned prisoner has preferred an appeal. The trial Judge has made a Reference which he was required to do in accordance with the provisions of Section 374 Cr. p. C., for confirmation of the sentence of death. The appeal and Reference have been heard together. They are disposed of by this judgment.2. The deceased Bhutnath Haldar alias Bhuto lived in a bustee at 54 Tollygunge Road with his mother Mati Bewa and his wife M...
Kuver Bank Ltd. (In Liquidation) Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-14-1958
Reported in: AIR1960Cal81,63CWN21
ORDERH.K. Bose, J.1. This is an application for an order directing the Court Liquidator and certain other parties to pay certain sums of money which are lying in their hands, for appropriating the said sums towards satisfaction of the claim of the petitioner in respect of a decree which the petitioner obtained in Suit No. 2393 of 1947 which was filed in this Court and which sums the petitioner claims to be entitled in priority to the claims put forward by certain other persons.2. The facts which give rise to this application are as follows:3. On the 22nd of August 1947 the petitioner, Kuver Bank Ltd. filed a suit in this Court being Suit No. 2393 of 1947. In this suit as originally filed, three persons namely Kazi Latful Khabir, Kazi Giasuddin Ahmed and one Sushil Kumar Sen were impleaded as defendants and they were described in the cause title as carrying on business in co-partnership under the name and style of K. G. Ahmed and Co. In paragraph 4 of the plaint it was alleged that the ...
Dulal Samanta Vs. the District Magistrate, Howrah and ors.
Court: Kolkata
Decided on: Jan-13-1958
Reported in: AIR1958Cal365
ORDERP.B. Mukherji, J.1. This is an application under Article 226 of the Constitution. The petitioner is Dulal Samanta. He asks for a writ of mandamus restraining the operation of the order dated 28-7-1954, by which the District Magistrate of Howrah informed him:'You are hereby appointed special Police Officer under Section XVII of the Police Act (Act V of 1861) for a period of 6 months from date in respect of the place mentioned i' the schedule given below'. The schedule which follows mentions the place of duty as from Chengail bridge to Kalsapa Railway Bridge, Uluberia P. S.2. As will be seen this period of six months expired in January, 1055. The petition to this Court under Article 226 of the Constitution was made on 25-1-1955 and a Rule was obtained on that date. This was about three days before the expiry of the period of six months for which the petitioner was appointed as a special police officer. Since then the lime has long expired. From that point of view there is no utility...
Ekkari Ghosh Vs. Chittarekha Ghoshani
Court: Kolkata
Decided on: Jan-13-1958
Reported in: AIR1958Cal447,62CWN209
B.N. Banerjee, J.1. This is an appeal by the plaintiff and is directed against an appellate decree dismissing plaintiffs claim for declaration of title to certain properties and recovery of possession there of from the defendant.2. The properties in suit originally belonged to one Iswar Ghosh, who died sometime in the year 1304 B. S. leaving a Will dated 22nd Bhadra, 1300 B. S. Iswar Ghosh had no son. He was survived by his widow Pratima Ghoshani, two daughters Manada and Magan-bala and a grandson, Kirti Chandra Ghosh, by his predeceased daughter Kulada.3. Under the Will (Exhibit B), Iswar Ghosh bequeathed the entirety of his Bastu (residential house) and Gohalbari (cowshed) and mostly twelve annas share in his other properties to Kirti Chandra Ghosh. The remaining share in his other properties was bequeathed to his two daughters Manada and Maganbala jointly. So far as the widow Pratima Ghoshani was concerned, the Will provided that Kirti would have to maintain her till her death and t...
ismail G.H. Ariff and anr. Vs. Benoy K. Sen and ors.
Court: Kolkata
Decided on: Jan-10-1958
Reported in: AIR1958Cal360
ORDERD.N. Sinha, J. 1. This case has a somewhat long history but briefly the relevant facts are as follows : 2. The petitioners are the mutwallis to the wakf estate of Golam Hossain Cassim Ariff deceased, usually known as the G. H. S. Ariff Estates. Premises No. 37, Armenian Street, Calcutta, is one of the properties belonging to the said wakf estate. It consists of three buildings, partly three-storied and partly four-storied and contains a large number of flats usually let out to tenants. The respondent No. 5, Ladhuram Tapuria, was in occupation of one of the flats on a portion of the third floor of the fourth storey of the said Premises; he is still in possession. It appears that as early as April, 1949 the tenants of 37, Armenian Street, including Ladhuram Tapuria, made complaints to the Chief Architect of the Calcutta Corporation about the deplorable state of the said building. It was particularly stated that the roof was in such a dangerous condition that slabs of lime plaster we...
Makhan Lal Sen Gupta Vs. the State
Court: Kolkata
Decided on: Jan-09-1958
Reported in: AIR1958Cal517,1958CriLJ1178
B.K. Guha, J.1. This is an appeal by Makhan Lal Sen Gupta against his conviction under Section 409 of the Indian Penal Code by Mr. D. N. Chakladar, Judge, Special Court, Burdwan, He was sub-post master at Asansol Railpar Sub-Post Office on 30th July, 1952, and he was there from some time before that. In that Sub-post office there was no other officer. According to the prosecution version, on 30th July, 1952, P. W. 1 Barada Charan Chakrabarty who was then Inspector of Post Offices, Asansol Subdivision, inspected the Sub-post office in the presence of the accused. Verification of cash and stamps was the first item of inspection shortly after 4 P. M. On actual verification the Inspector found cash of Rs. 19-15 annas, postage stamps worth Rs. 156-4-3 pies, revenue stamps worth Rs. 19/- and National Savings Stamps worth Rs. 24/-, in all Rs. 210-3-3 pies showing a shortage of Rs. 316-4-9 pies. The Sub-post master could not account for the shortage. The first count of the charge under Section...
Sm. Hiranmoyee Dassi and anr. Vs. on Death of Amiya Pal Choudhury His ...
Court: Kolkata
Decided on: Jan-07-1958
Reported in: AIR1958Cal255,62CWN373
Renupada Mukherjee, J.1. The only question of law raised in this appeal is whether Section 168A of the Bengal Tenancy Act is a bar to the execution of the rent decree which the decree-holders respondents have obtained against the appellants and some other persons, by attachment and sale of the movable properties of the appellants and not of the defaulting tenure.2. The facts of the case are not disputed and they may be briefly stated thus. The respondents obtained a rent decree, on the 5th July, 1954 against the appellants and some other persons for a sum of Rs. 3,295-7-9 pies, inclusive of claim and costs. This decree was obtained on account of arrears of rent in respect of a tenure, which the appellants and their co-sharers held under the decree-holders respondents. The decree was put to execution on the 23rd August, 1954. Upon an application made by the judgment-debtors, on the 12th November, 1954, for stay of proceedings, the execution proceedings were stayed under the provisions o...
Basanta Kumar Roy Vs. Charu Chandra Pal and ors.
Court: Kolkata
Decided on: Jan-06-1958
Reported in: AIR1958Cal543,62CWN132
B.N. Banerjee, J. 1. This appeal is directed against an order, dismissing an application under Order 21, Rule 90 of the Code of Civil Procedure, on the ground that applicant had no locus standi or right to apply for having the sale set aside.2. It appears that the respondent Charu Chandra Pal, obtained a money decree against the principal debtor Burdwan Fisheries and Industries Ltd., and the guarantor one Somen Roy, the Managing Director of the principal debtor Company.3. The decree was put to execution in money-execution case No. 18 of 1955 4. On 20th December, 1955, sale proclamation was ordered to issue, fixing 15th February, 1955 for Sale.5. On 15th February, 1955, an application described as, 'petition on behalf of the judgment-debtor', was filed praying for adjournment of the auction-sale, on the plea, that given one month's time the decree-holder would be paid up. On that application, the auction-sale was adjourned till 14th March, 1956. No payment towards satisfaction of the de...
Bidhu Bhusan Majumdar Vs. Chief Engineer Government of West Bengal and ...
Court: Kolkata
Decided on: Jan-06-1958
Reported in: AIR1958Cal623,62CWN223,(1958)IILLJ58Cal
ORDERD.N. Sinha, J.1. The facts in this case are shortly as follows : The petitioner was appointed as an Overseer in the Subordinate Engineering Service in or about March 1931, under the Public Works Department, which is properly known as Works and Buildings Department. In March 1932 he was confirmed in the post. On 7-11-1950 he was appointed to act temporarily as S.D.O. of the Haringhata Sub-Division of the North Calcutta Division under the Presidency Circle. This appointment was made by the Deputy Secretary of the Government of West Bengal as appears from a copy of the order which is annexure 'A' to the petition. In January, 1956. in that same capacity he was transferred to the Development (Roads) Department and posted as an S.D.O. at the Krishnagr Sub-Division. In August, 1956, he received a letter from the Chief Engineer which is annexure E to the petition. In this letter,. which is a confidential D.O., various complaints have been made about the petitioner's commissions and omissi...
Kashi Prosad Khaitan Vs. G.W. Burlow
Court: Kolkata
Decided on: Jan-03-1958
Reported in: AIR1959Cal160
Renupada Mukherjee, J. 1. The only substantial question of law which arises in this appeal is whether the creditor of an undischarged insolvent who became a creditor after the adjudication had been made is entitled to attach the salary of the judgment-debtor. It is necessary to state the following facts in brief in order to appreciate how this point of law has arisen in this appeal. 2. G.W. Burlow, who is respondent in this appeal is a Driver employed in the Eastern Railway. It is an admitted fact that at present he has been drawing a salary of Rs. 700/- per month. He borrowed a certain sum of money from the appellant on a promissory note and it is not disputed before us that the appellant has got a decree against the respondent on the basis of that handnote for a sum of Rs. 3,571/-and odd annas with interest running at six per cent per annum upon the decretal amount. This decree was obtained on 25-2-1955. The decree has been put to execution and the decree-holder has made a prayer for...
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