Kolkata Court December 1958 Judgments
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Saroj Kumar Datta Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Dec-24-1958
Reported in: AIR1959Cal294
ORDERD.N. Sinha, J. 1. The facts in this cane are shortly as follows : In December, 1951, the petitioner who is an accountant, was appointed as a Chief Accountant under the Directorate of Transportation of the State of West Bengal. In 1953, the petitioner's post was re-designated as a Director of Administration and Accounts, in the Directorate of Transportation, Government of West Bengal. In May, 1955, it was discovered that there were certain defalcations for large sum in connection with the motor vehicle tax in respect of vehicles run by the said Department, Upon that discovery, one Birendra Kumar Gupta, who was a clerk in the said department and in change of the payments, absconded. Subsequently the said Birendra Kumar Gupta surrendered before the Sub-Divisional Officer, Barrackpore and made a confessional statement implicating the petitioner in respect of the defalcations. On the 29/30th June, 1955, the petitioner's residence was searched and he was arrested . On the 1-7-1955, the ...
B.N. Elias and Co. Private Ltd. and ors. Vs. G.P. Mukherjee and ors.
Court: Kolkata
Decided on: Dec-24-1958
Reported in: AIR1959Cal339,63CWN347
B. S. Bachawat, J.1. This appeal arises out of writ proceedings relating to an industrial dispute between the employers B. N. Elias and Company, Private Limited, and associated concerns and their workmen represented by B. N. Elias and Co. Ltd. Employees Union. B. N. Elias and Company, Private Limited, has, at all material times, been a member of the Bengal Chamber of Commerce and Industry. Most of the members of the Bengal Chamber of Commerce and Industry adopted model terms of service for their clerical and subordinate staff calculated with reference to the middle class cost of living index. In 1948 industrial disputes between numerous concerns including the appellants and the workmen were referred to the Mercantile Tribunal. The award of the Mercantile Tribunal is dated the 17th February, 1949. Under that award the grade of the subordinate staff was Rs. 30--1--40--E.B.--1-50 and the dearness allowance as existing under the Bengal Chamber of Commerce scheme was maintained. The Mercant...
Nabadwip Bhajan Asram Vs. Commissioners of Nabadwip Municipality
Court: Kolkata
Decided on: Dec-24-1958
Reported in: AIR1959Cal361
P.K. Sarkar, J.1. The appellant, the Nabadwip Bhajan Ashram, a society registered under the Societies Registration Act (XXI of 1860) and described as a religious and charitable institution, instituted a suit against the Commissioners of the Nabadwip Municipality praying for a declaration that certain holdings belonging to it and situated in Wards I and II of the Municipality are not liable to he assessed to rates under Section 124(1)(h) of the Bengal Municipal Act (XV of 1932) on the ground that the said holdings are exclusively used as places of worship to which the public have the right of free access. It was stated that the object of the Ashram was to promote the religious advancement of the Hindus by the installation of deities and by providing places for holding bhajan, kirtan etc., and that congregational namkirtan to which the public had free access, was held daily at the main Ashram comprised in three holdings numbered as 18, 19 and 20 of Ward II and at its branch comprised in ...
Gopiram Agarwalla Vs. First Additional Income-tax Officer and ors.
Court: Kolkata
Decided on: Dec-24-1958
Reported in: AIR1959Cal420,[1959]37ITR493(Cal)
K.C. Das Gupta, C.J.1. This appeal is against the order of Sinha, J., discharging a rule that had been issued on the respondents to show cause why certain writs should not be issued under the provisions of Article 226 of the Constitution of India, the purpose being to enable the appellant to resist the proceedings that had been started against him under the provisions of Section 34 of the Indian Income-tax Act, on the ground that there had been no proper service of notice under that section. It appears that in connection with assessment of Income-tax for the assessment year 1948-49 the Income-tax authorities intended to proceed against the appellant under the provisions of Section 34(1)(a) of the Income-tax Act. That section requires that as the first step for further action the Income-tax Officer has to serve a notice containing certain requirements as indicated therein. It is also clear that ordinarily such a notice has to be issued within eight years after the expiry of the assessme...
LakshminaraIn Ramniwas Vs. N.V. Vereenigde Nederlandsche Scheepraartma ...
Court: Kolkata
Decided on: Dec-22-1958
Reported in: AIR1960Cal45,64CWN269
ORDERG.K. Mitter, J.1. This is an application for stay of a suit on the basis of a clause contained in a bill of lading that all actions thereunder were to be brought before the courts at Amsterdam or Rotterdam. The plaintiff, a firm carrying on business at Calcutta, was the endorsee of a bill of lading issued by the defendant No. 1 described in the plaint as the owners or charterers of a vessel 'Hereford Beacon'. The defendant No. 2 is described as the agent of the defendant No. 1 carrying on business in Calcutta. The defendant No. 3 are the Commissioners for the Port of Calcutta and the defendant No. 4 is an insurance company also carrying on business within the jurisdiction of this Court.2. The bill of lading was issued at Antwerp by the defendant No. 1 on 16-3-1956, the shippers being Countinho Caro and Co. Ltd. of London and the consignee the Bank of China, Calcutta. The goods shipped were described in the bill of lading as 400 pieces 'used flat bottom steel rails'. According to t...
Nath Bank Ltd. Vs. Andhar Manick Tea Co. Ltd.
Court: Kolkata
Decided on: Dec-22-1958
Reported in: AIR1960Cal779,[1960]30CompCas306(Cal),64CWN161
ORDERH.K. Bose, J.1. This matter comes up before me by way of an application for exception, to a report dated 12-2-1957 made by the Assistant Referee of this Court in a reference directed by a consent decree passed by Bachawat J. on 20-1-1954. The consent decree, however, reserved the consideration of all further directions and of the question whether the plaintiff Bank is entitled to any decree in terms of prayers (e), (f), (g) and (h) of the plaint in the suit in which the said consent decree was passed and also the question o cost of the reference and of the suit.2. The report of the Assistant Referee shows that in course of the hearing of the reference the parties came to certain terms of settlement and it is on the basis of these terms of settlement that the reference was disposed of. By the terms of settlement the parties agreed that a sum of Rs. 52,480/12/-was the amount due from the defendant Andhar Manick Tea Co. Ltd. to the plaintiff Nath Bank (in liquidation) but it is provi...
State Vs. Manindra Nath Das and ors.
Court: Kolkata
Decided on: Dec-19-1958
Reported in: AIR1960Cal183,1960CriLJ338
Guha Ray, J.1. This Reference under Section 307(1) of the Code of Criminal Procedure made by the Sessions Judge of Midnapore recommends the acquittal of Manindra Nath Das and Ananda Mohan Das who were put on their trial along with another, namely, NarayanMahato, in connection with the alleged murder of Kulabala Dassi, widow of Khandu Das. Manindra was charged under Section 302 I. P. C., Ananda under Section 302 read with Section 109 I. P. C. and Narayan Mahato also was charged under Section 302 read with Section 109 I. P. C. The Jury unanimously found Narayan Mahato not guilty of the charge against him and the learned Judge accepting that verdict acquitted him. The Jury found Manindra Das guilty under Section 304 Part I of the I. P. C. and not guilty under Section 302 I. P. C. and Ananda Mohan Das was found guilty under Section 304 Part I read with Section 109 I. P. C:2. The case for the prosecution briefly is that Khandu Das, husband of Kulabala Dassi is said to have been murdered som...
Narendra Nath Nandi Vs. Amiya Choudhury
Court: Kolkata
Decided on: Dec-19-1958
Reported in: AIR1959Cal231,63CWN216
Debabrata Mookerjee, J.1. This application under Section 115 of the Code of Civil Procedure and under Article 227 of the Constitution is directed against two orders dated 25-2-1957 and 9-5-1957 made by the Second Additional Court of the Munsif at Alipore.2. The plaintiff opposite party instituted a suit for recovery of possession of certain premises let to the petitioner. The suit was brought on 16-8-1956 and the writ of summons served on the defendant on 31-8-1956 who entered appearance in the suit on 17-9-56. On 2-1-1957 the written statement was filed. An application was made on 7-1-1957 by the plaintiff opposite party under Section 17 (3) of the West Bengal Premises Tenancy Act, 1956 for an order that the defence against delivery of possession be struck out.3. The learned Munsif considered the matter and found that the defendant had failed to pay rent for the month of Chaitra 1362 B.S. He also held in effect that there was default in respect of rent for the month of Bhadra 1363 B.S...
Sree Sridhar Jieu and ors. Vs. Corporation of Calcutta and ors.
Court: Kolkata
Decided on: Dec-19-1958
Reported in: AIR1959Cal320,63CWN238
K.C. Das Gupta, C. J. 1. The petitioner Sree Sree Sridhar Jieu is the admitted owner of premises which formerly bore Nos. 128, 129, 130, 131/1, 131/2 and 132, Canning Street, on the basis that these were six distinct premises. They were valued for the purposes of assessment of the consolidated rate at Rs. 1360/-, 702/-, 345/-, 518/-, 270/-, 324/- and 810/- respectively and in accordance with the provisions of the Calcutta Municipal Act, 1951, the assessment of the consolidated rate was at 181/2 per cent. of the annual valuation for premises No. 128 and at 151/2 per cent. of the annual valuation for the other five premises. On the 20th September, 1956, a notice was served on the petitioners stating that it Was proposed to amalgamate these six premises into one premises and allot thereto No. 128. Ultimately, this proposal of amalgamation was carried into effect and the Corporation authorities treated the six premises as one, allotted to it the No. 128 and proceeding thereafter to value i...
RahimuddIn Ahammad Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-19-1958
Reported in: AIR1959Cal753
Banerjee, J.1. For the Bengali year 1350 (corresponding to the assessment year 1944-45), the plaintiff-appellant was assessed to agricultural income-tax amounting to Rs. 5642-8-0, by the Agricultural Income-tax Officer of district Dinajpur, then in the province of undivided Bengal.2. By a chalan (Ext 1), dated November 28, 1945, the appellant deposited the tax, as assessed, in the sub-treasury at Balurghat. He, however, preferred an appeal against the order of assessment.3. The Assistant Commissioner of Agricultural Income-tax, Bengal, having his office, at the material time, at Anderson House in the town of Calcutta, by his order dated June 15, 1946 (Ext. 2) allowed the appeal and found that a sum of Rs. 3317-9-0 only was payable by the appellant as agricultural income-tax for the year of assessment. As a result of the appellate order, the appellant became entitled to get a refund of Rs. 2324-15-0, out of the tax already deposited by him at Balurghat sub-treasury, under chalan Ext. 1....
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