Kolkata Court February 1958 Judgments
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Sudhansu Sekhar Panda Vs. Natendra Nath Das and anr.
Court: Kolkata
Decided on: Feb-24-1958
Reported in: AIR1958Cal322,62CWN325
P.N. Mookerjee, J. 1. The appellant before us was the unsuccessful candidate at the last general election, from the Cental North Legislative Assembly Constituency, Midnapore, West Bengal. The election was held on March 7, 1957, and, in it, respondent No. 1, who was the rival candidate, was declared elected, he having secured 20586 votes as against the appellant's 20523. Respondent No. 2 was the Returning Officer. 2. In or about the beginning of May, 1957, the appellant applied for sotting aside the election of respondent No. 1 and for a further declaration that he (the appellant) had been duly elected. The application was duly sent by registered post to the Election Commission, New Delhi, which received it on May 3, 1957. It was registered as Election Petition No. 447 of 1957. By an order, dated July 2, 1957, the Chief Election Commissioner fixed the trial of the petition at Midnapore before Sri Surendra Mohan Banerjee (Sri S.M. Banerjee), District Judge, Midnapore, who was-constituted...
Dabendra Nath Bhattacharya Vs. Amalendu Bhattacharjee
Court: Kolkata
Decided on: Feb-20-1958
Reported in: AIR1959Cal173,62CWN503
ORDER1. The petitioner was the defendant in a suit brought by the opposite party for recovery of a sum of Rs. 3562/8/-. On the 4th August 1956, the court below passed an order fixing the 3rd December 1956 for the hearing of the suit. On the 3rd December 1956, an application appears to have been filed by the defendant praying for an adjournment of the case on the ground that his lawyer was ill. This prayer was refused. The learned Judge remarked: 'As the lawyer reportedly fell ill on the 1st December, there was enough time to engage another lawyer by this time. Parties must be ready at once.' Later the same day, when the case was called on for hearing, the defendant was absent on call and the case was taken up for ex parte hearing and was decreed ex parte. On the 18th December 1956, an application under Order 9, Rule 13 of the Civil Procedure Code was made praying that the ex parte decree may be set aside as the applicant had been prevented by sufficient cause, namely, illness of his la...
Jagadananda Roy Vs. Rabindra Nath Sikdar and ors.
Court: Kolkata
Decided on: Feb-18-1958
Reported in: AIR1958Cal533,62CWN336
P.N. Mookerjee, J.1. This is an Election Appeal, seeking for the reversal of an order, setting aside the election of the Falakata Legislative Assembly Constituency of Jalpaiguri, West Bengal. The applicant was the successful candidate at the polls. His election was challenged by the Respondent No. 1, who petitioned inter alia for setting aside the said election on the ground, amongst others, that the appellant was a disqualified candidate, he not having attained the minimum age of 25 years at the relevant date as required by Article 173(b) of the Constitution. Respondent No. 2 was the other unsuccessful candidate at the polls and Respondent No. 3 was the Returning Officer.2. The Constituency is a single-member Constituency. Three candidates namely, the appellant and Respondents Nos. 1 and 2, went to the polls. Of them, the appellant secured 14720 votes, Respondent No. 1 14427 votes and Respondent No. 2 1979 votes. The appellant was declared elected and, thereafter, his election was cha...
Harendra Nath Chatterjee and anr. Vs. the State of West Bengal and ors ...
Court: Kolkata
Decided on: Feb-17-1958
Reported in: AIR1958Cal411
D.N. Sinha, J. 1. The city of Chundernagore previously belonged to Prance. In or about November, 1947, it was created as a free town with financial and administrative autonomy as the French Government had decided to withdraw from their Indian possessions and territories. In May, 1950 there was a de facto transfer to the Indian Union. Thereafter there was a treaty of cession signed at Paris on 2-2-1951 and on 9-6-1952 there was a de jure transfer to the Indian Union. Finally, by the Chundernagore (Merger) Act of 1954 (Act 36/54) the city of Chundernagore was merged with the State of West Bengal on and from 2-10-1954. After the merger of the free city of Chundernagore into the State of West Bengal, the pre-merger employees of the said free town became Government servants under the State of West Bengal with effect from the date of merger. Previous to this, when the town was being administered by the Indian Union under certain Protocols, it was directed that the employees should be given a...
Bejay Krishna Goswami and ors. Vs. Provash Ranjan Goswami and ors.
Court: Kolkata
Decided on: Feb-13-1958
Reported in: AIR1959Cal599,1959CriLJ1160
ORDERN.K. Sen, J.1. This Rule which was issued at the instance of the second party to a proceeding under Section 133 of the Code of Criminal Procedure, is directed against an order dated 13-12-1957 passed by Shri S. N. Chakravarty, Magistrate First Class, Burdwan, by which he directed that certain encroachments said to have been caused by the petitioner should be removed.2. The matter in controversy between the parties arose in the following way. The petitioner owns and possesses a tank named 'Bara Tal-bona' which is situated at village Koyor and is recorded in settlement Khatian as Dag No. 2612. A village public road runs from Koyor Railway station and passes by the adjoining east and south of the tank. Two roads recorded as public roads in the settlement khatian as Dag Nos. 673 and 1973 mark the eastern and southern boundaries of this tank. The opposite parties who claim to represent the inhabitants of this village allege that the petitioner in the month of June, 1953 encroached upon...
Workmen of Bengal Electric Lamp Works Ltd. Vs. the Bengal Electric Lam ...
Court: Kolkata
Decided on: Feb-13-1958
Reported in: AIR1958Cal663,62CWN219
P.B. Mukharji, J. 1. This is an application under Article 226 of the Constitution by the workman against the award of the First Industrial Tribunal, West Bengal. One of the issues referred to tee Tribunal was :'What should be the service conditions of the 59 female workers as per list attached to the order of reference?'2. The Tribunal in its award states : 'The Union's claim is that the workers should be paid full wages of Rs. 66/- per month retrospectively since the day they gave full production. This claim is not covered by the issue as referred to this Tribunal.'3. The only point urged before me on this application for the issue of a Rule is that the Tribunal wrongfully and illegally failed to exercise the jurisdiction vested by those terms of reference. I am entirely unable to agree with that contention. The issue claimed plainly 'What should be the service conditions?' The issue is not 'What should have been'. The Industrial Tribunal is exercising its jurisdiction in my opinion i...
Biren Ray Vs. Bejayes Mukherjee and ors.
Court: Kolkata
Decided on: Feb-11-1958
Reported in: AIR1958Cal320,62CWN240
Sinha, J. 1. The petitioner was elected as a member of Parliament from the Calcutta South-West Constituency in the last General Election held in March 1957. On the 3rd May, 1957 an Election Petition was filed by two persons, namely, Kalipada Banerjee and Anil Kumar Sadhukhan, challenging the election of the petitioner. They are respondents Nos. 2 and 3 in this application. In the election petition, the said respondents prayed that the election of the petitioner in the last General Election as a member of parliament from the said Constituency be declared void and alternatively, for a declaration that the whole election was void. Section 117 of the Representation of the People Act, 1951, (Act 43 of 1951) lays down that the petitioner in anelection petition shall enclose with the petition a Government Treasury receipt showing that a deposit of one thousand rupees has been made by him either in a Government Treasury or in the Reserve Bank of India in favour of the Secretary to the Election...
Dulal Ranjan Adetya Vs. R.K. Bose and ors.
Court: Kolkata
Decided on: Feb-11-1958
Reported in: AIR1958Cal356,62CWN531,(1959)ILLJ22Cal,(1959)ILLJ22Cal
ORDERP.B. Mukherji, J.1. This is an application by Dulal Ranjan Adetya under Article 226 of the Constitution for a Writ of Mandamus and Certiorari in respect of the order of his dismissal. By order dated 23rd/26th February, 1957 and 26th April, 1957 the applicant was discharged from service. 2. The facts of this case may be briefly stated. The applicant was appointed as a Bus Conductor in the State Transport Service on the 15th May, 1952 at a monthly salary of Rs. 50/- plus the usual allowances. The appointment was made by one R.K. Bose, then known as the Director of Administration in the Directorate of Transportation, Government of West Bengal. On the 21st November, 1956, the applicant was served with a charge sheet from R. Ghose, Director of Operations. The charge sheet informs him of the serious complaint against the applicant. The gist of the complaint is that the applicant refused to perform his duty and he was charged with 'gross dereliction of duty and gross insubordination'. In...
Dudhnath Shaw and anr. Vs. the State
Court: Kolkata
Decided on: Feb-11-1958
Reported in: AIR1958Cal431,1958CriLJ1017
J.P. Mitter, J.1. This Rule, which has been referred to us by a learned Single Judge, involves the question whether a Court has jurisdiction to dispense with the personal examination of an accused under Section 342 of the Code of Criminal Procedure, when he has been permitted under Section 540A of the Code to he represented by a pleader. In this case, petitioner No. 2 Kanai La! Shaw was allowed to be represented by a lawyer. In the absence of the petitioner, his lawyer was examined under Section 342. Curiously enough, the Order Sheet contained the following endorsement:'Examined the accused under Section 342 of the Code of Criminal Procedure.' Learned Counsel for the petitioner has contended that the failure to examine the said accused Kanai Lal Shaw under Section 342 of the Code of Criminal Procedure vitiated the trial. In our view, this contention is well-founded.2. In our view, the provisions of Section 342 of the Code of Criminal Procedure are mandatory. We are also of the view tha...
Union of India (Uoi) (as Representing the Eastern Railway Administrati ...
Court: Kolkata
Decided on: Feb-11-1958
Reported in: AIR1958Cal434
K.C. Das Gupta, J. 1. The respondent, Meghraj Agarwalla, brought the present suit for recovery of damages for non-delivery in respect of portions of two separate consignments of bidi tobacco. The first consignment was booked on 28-6-1928, and it is said that while on 20-9-1948, a portion of this consignment was duly delivered, four bags out of the thirteen bags were not delivered. The plaintiff assessed the damages in respect of this non-delivery at Rs. 1202/2/-. The second consignment was booked on 8-11-1948. The plaintiff's case is that only a portion of this was delivered to him, the remainder 4 maunds, 30 seers of bidi tobacco was not delivered. The plaintiff assessed the damages in respect of this consignment at the sum of Rs. 1138/-. The suit was brought on the total claim of Rs. 2340/2/-.2. In the body of the plaint, the plaintiff averred that notice under Section 77 of the Indian Railways Act had been duly served. The defendant, the present appellant before us denied the validi...