Kolkata Court February 1958 Judgments
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Sk. Osman Gani Vs. Baramdeo Singh and ors.
Court: Kolkata
Decided on: Feb-28-1958
Reported in: AIR1959Cal145,1959CriLJ311,63CWN181
S.N. Guha Ray, J. 1. To the maintainability of this appeal on behalf of the complainant, Sk. Osman Gani, from an order of acquittal of the respondents Mr. Banerjee on behalf of the respondents has taken a preliminary objection on the two-fold ground, first, that it is not a case instituted upon a complaint so as to attract the provisions of Section 417 (3) of the Code Criminal Procedure and secondly that when the order of acquittal which is sought to be challenged in this appeal was passed the complainant had no right of appeal and the fact that by subsequent legislation a right of appeal was conferred on the complainant from an order of acquittal would not accrue to the benefit of the complainant so as to entitle him to file an appeal after this legislation came into force.2. The facts which are necessary to be stated for disposing of this two-fold objection of Mr. Banerjee are briefly as follows : On 2-2-1953 the complainant filed a petition of complaint against the respondents and o...
Narendra Nath Dutt Vs. Jitendra Nath Dutt and ors.
Court: Kolkata
Decided on: Feb-27-1958
Reported in: AIR1959Cal62
P. Chakravartti, C.J. 1. A preliminary objection has been taken by Mr. Roy on behalf of respondent No. 3 that this appeal is not maintainable. In my opinion, the objection ought to prevail. 2. The appeal is against an order of Mallick, J., dated 19-3-1957, whereby he allowed respondent No. 3, Sm. Suprova Dutta, to amend her written statement in a Partition Suit to which she had been added as a party some time after its institution. The appellant, who is another of the defendants in the Partition Suit, contended before the learned trial Judge that the amendment ought not to be allowed and, having failed with his objection there, has now appealed. 3. The subject-matter of the Partition Suit is the estate left by one Jogendra Lal Dutt, who died intestate on 21-10-1926, without leaving any will. He left him surviving five sons, namely, Jitendra, Rabindra, Narendra, Nripendra and Upendra as also his widow, Sm. Narayan Kumari. Nripendra died childless and intestate some time in 1930 and Nara...
Luxmi Spinning and Weaving Mills Ltd. Vs. Md. Ibrahim, Mutwalli
Court: Kolkata
Decided on: Feb-27-1958
Reported in: AIR1958Cal428,62CWN753
K.C. Das Gupta, J.1. The Respondent, who is the Mutwali of a Wakf Estate, brought this suit for ejectment of the Luxmi Spinning and Weaving Mills Ltd. on the allegation that the lease had determined and on the allegation that the defendant did not pay any rent to the Plaintiff from the month of October 1950 to June 1951. The Plaintiff also prayed for a decree for a sum of Rs. 1105-11-3 as arrears of rents. The Defendant denied that there had been any default and also the fact that the Plaintiff had, by notice, determined the lease. In the Trial Court a dispute seems to have been raised whether or not the tenancy was from month to month or a yearly tenancy. The learned Subordinate Judge being of opinion that it was a monthly tenancy terminable by fifteen days' notice expiring with the end of a month, held that there was a proper notice under Section 106, Transfer of Property Act and as it was not disputed that this notice was duly served, held that there was a valid determination of the...
Brij Mohan Bagaria Vs. N.C. Chatterjee and ors.
Court: Kolkata
Decided on: Feb-27-1958
Reported in: AIR1958Cal460,62CWN473,(1958)IILLJ190Cal
ORDERD.N. Sinha, J. 1. The petitioner Brij Mohan Bagaria is an attorney practising in this court. He has been practising as such for the last 18 years and at the present moment has a large establishment at his office situate at No. 6, Old Post Office Street, consisting of 6 qualified assistants, 2 articled clerks, about 42 ordinary clerks and 14 other described as 'subordinate staff'. I mention this because in a reference made by Government of West Bengal, to which I shall presently refer, it has been stated that an industrial dispute, exists between 'Messrs. B. M. Bagaria, 6, Old Post Office Street, Calcutta and their employees as represented by B. M. Bagaria's Employees' Union, 45, Bow Bazar Street, Calcutta', and in an order made, by the First Labour Court the learned Judge has described the petitioner as a 'company'. In this application, the petitioner has alleged that he is an attorney practising in this Court and the employees are his employees which fact is not denied. It appear...
Satyendra Kumar Dutta Vs. District Board of 24 Parganas
Court: Kolkata
Decided on: Feb-27-1958
Reported in: AIR1959Cal536,63CWN250,(1959)ILLJ585Cal
Banerjee, J. 1. A very short point calls for our decision in this appeal, viz., whether dismissal of an employee can be made with retrospective effect; if not, what should be the compensation payable to such an employee.2. On 1-10-1943, the plaintiff appellant was appointed temporarily as a sub-overseer under the District Board of 24-Parganas. He was appointed substantively in the post, with effect from 21-3-1945. His scale of pay on substantive appointment was Rs. 50-5-150/-.3. In May, 1947, the plaintiff appellant was transferred to Basirhat. His activities while posted at Basirhat have brought about the present situation.4. On 17-6-1947, Hriday Bhusan Chakravarty, President Bhojerhat Union Board, addressed a note to the Secretary of the District Board complaining that the bill of costs for earth work done on Tardah Road had been excessively inflated. The appellant prepared the bill, and the bill was payable to the contractor for the earth work, one A.K. Roy Choudhury. There was an, ...
Niyati Bhusan Ta Vs. Bejoy Chandra Ghosh and ors.
Court: Kolkata
Decided on: Feb-26-1958
Reported in: AIR1958Cal319
Renupada Mukherjee, J. 1. This appeal arises out of an insolvency petition filed by the respondents of this appeal against appellant Niyati Bhusan Ta in the Court of the learned District Judge of Hooghly. 2. The main allegation of the petitioning creditors was that the appellant had borrowed a sum of Rs. 2,000/- from each of them and executed a promissory note in favour of each agreeing to pay interest at the rate of 10 p. c. p. a. These handnotes are said to have been executed on 30th Chaitra, 1358 B. S. corresponding to 12-4-1952. The allegation of the petitioning creditors was that the appellant had become seriously involved in debts and he had many other creditors and he was not in a position to pay off either the petitioning creditors or those other creditors. The allegation of the petitioning creditors further was that in order to defeat and delay his creditors the debtor had executed two sale-deeds, one on 17-6-1952 and another on 18-6-1952 in the names of two of his friends. Th...
B.N. Elias and Co. Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-25-1958
Reported in: AIR1959Cal247
A.N. Ray, J.1. This suit has been instituted by the plaintiff against the State of West Bengal for recovery of Rs. 31,450/- with interest in respect of price of Bone Meal sold and delivered between the 21st June and the 3rd July, 1947 to the Government of Bengal, as it was then constituted. The plaintiff's case is that by letter dated 7-6-1947, the Fertiliser Controller, Government of Bengal requested the plaintiff to supply to him 800 tons of Bone Meal at the plaintiff's Mill or Godown at the rate of Rs. 115/-per ton or such other rate as the Government of India might finally decide. Between 21-7-1947 and 3-7-1947 the plaintiff, in pursuance of the aforesaid request, supplied to the Government of Bengal, as it was then constituted 185 tons of Bone Meal.2. The price of the Bone Meal was ultimately fixed by the authorities at Rs. 170/- per ton and the State of Bengal in the Directorate of Agriculture, paid to other suppliers of similar Bone Meals at the rate of Rs. 170/- per ton. In any...
The State of West Bengal Vs. Chandi Charan Das
Court: Kolkata
Decided on: Feb-25-1958
Reported in: AIR1958Cal433
Renupada Mukherjee, J. 1. The appellant before us is the State of West Bengal, and the appeal was pressed only on the ground of limitation.2. In order to appreciate how the Question of limitation has arisen in the present case, it is necessary to state the following facts about which there is practically no controversy in this Court. Respondent Chandicharan Das of this appeal was a dealer in rice, and he had purchased 230 maunds of rice at Mathurapur, and while this quantity of rice was in the course of transport, it was seized by one Amar Choudhury who was Inspector of Civil Supplies under the Government of Bengal on 29th March, 1946, on the ostensible plea that the rice was being smuggled out of the cordoned area. The said quantity of rice was thereafter deposited with Messrs. Shaw Wallace and Ispahani Co. which was a firm and the chief procurement agent of the Province of Bengal, as it then was. The respondent thereafter brought a criminal case against the said Amar Choudhury on the...
Swarnalata Bose and anr. Vs. Promode Chandra Roy Choudhury
Court: Kolkata
Decided on: Feb-24-1958
Reported in: AIR1959Cal268,63CWN227
Renupada Mukherjee, J.1. These two appeals arise out of two money suits, one of which was instituted by Swarnalata Bose, appellant in S. A. 1645 of 1953, and the other by Nirode Ranjan Ghosh, appellant in S. A. 1646 of 1953. The suit filed by Swarnalata in the Trial Court bore No. 34 of 1950, and the suit filed by Nirode bore No. 42 of 1950. The suit of Swarnalata was instituted for realisation of maintenance and annuity money provided in the will. Nirode's suit was instituted for realisation of annuity money provided in the same will; there was an additional claim for annuity money alleged to be due on an annuity bond executed by respondent Promode Chandra Roy Choudhury. The claim of the plaintiffs in both the suits was dismissed by the Trial Court which delivered one judgment in the two suits, and the decrees of dismissal passed by the Trial Court were confirmed in appeals by the Lower Appellate Court. So the two plaintiffs have preferred these two appeals which were heard analogousl...
National Textiles Vs. Premraj Ganpatraj
Court: Kolkata
Decided on: Feb-24-1958
Reported in: AIR1958Cal284,62CWN418
P. Chakravartti, C.J.1. A short point has been urged in support off this appeal though at considerable length. Them has been some citation of authorities, but the point has ultimately to be decided on principle.2. The facts are as follows. On the 18th of December, 1950, the respondent, Premraj Ganpatraj, brought a suit against the appellant. National Textiles, for recovery of a sum of Rs. 2,36,946-10-2. The suit has been described as an agent's suit against a principal for reimbursement, but, in reality, it appears to have been a claim for commission on account of commission agency dealings. On the 8th of May, 1956, a decree was passed in the suit and, by that decree, Mr. A. N. Sen, a member of the Bar, was appointed a Special Referees on a settled remuneration of 100 gold mohurs, to be paid by the plaintiff in the first instance, to determine what amount was due by the defendant to the plaintiff in respect of the commission agency dealings which had taken place between 1st of January,...
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