Kolkata Court March 1958 Judgments
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Gouri Sankar Sheroff and ors. Vs. Central Hindusthan Bank Ltd. and ors ...
Court: Kolkata
Decided on: Mar-06-1958
Reported in: AIR1959Cal262
K.C. Das Gupta, J. 1. These two appeals have been heard together as they raise several common questions of law and fact. Second Appeal No. 643 of 1952 arises out of a suit brought by the respondent Ranjit Kumar Bose for a declaration that certain electrical goods that were attached in an execution case in execution of a money decree obtained by him against Asia Electric Works are in law liable to attachment and sale in execution of that decree and for setting aside the order passed by the executing Court in an application under Order 21, Rule 58 of the Code of Civil Procedure by the Asia Mechanical and Electrical Works Ltd.2. It appears that two persons, Hrishikesh Mondal and Dasurathi Mondal, carried on business as partners in a firm in the name and style of Asia Electric Works. On 18-1-1947 three other persons, Gouri Sankar Sheroff, Baidyanath Sarkar and Atul Chandra Banerjee, were taken as additional partners and the firm as newly constituted continued business till the 31st day of ...
Madan Gurang and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-06-1958
Reported in: AIR1958Cal271,62CWN345,(1958)IILLJ206Cal
ORDERP.B. Mukharji, J. 1. This is an application under Article 226 of the Constitution by three workmen. It is a novel application. Its main purpose is to secure a mandamus to compel the Government to make a reference of an industrial dispute to an industrial tribunal. 2. The prayers in the petition seek for-the issue of a writ of mandamus calling upon the Government to recall, rescind and withdraw the order made in Memo. No. 416 I.R. dated the 8th February, 1957. That order is contained in a letter. The letter concludes by saying'Under the circumstances Government do not like to intervene in the matter any further'.3. The applicants now seek for a Constitutional writ of mandamus to compel the Government to intervene. In this letter, which is described as an order, the Government states that an enquiry was made into the industrial dispute between M/s Alkali Chemical Corporation of India Ltd. and their workmen. It says further that it transpires that'Sri Dandasi was transferred from the...
Sunil Kumar Roy Vs. Commercial Tax Officer and anr.
Court: Kolkata
Decided on: Mar-06-1958
Reported in: [1959]10STC14(Cal)
Sinha, J.1. The petitioner is a manufacturer of coke and derivatives from coal having his factory at Bhowra, District Dhanbad in the State of Bihar. He is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941. The petitioner was called upon to file his return of sales tax payable for the year ending 31st March, 1954, and he did so. Copy of the return is Exhibit 'A' to the petition. In that return he showed a gross sale to the extent of Rs. 15,53, 117-15-3. Out of this, he claimed certain exemptions under Section 5(2)(a)(v) of the said Act. The exemption claimed under Clause (v) was claimed in the following manner:- Clause (v)-- to addressees outside Bengal-10,28,874-12-0.2. It appears, that out of this, about Rs. 2,26,864-12-6 has been disallowed on grounds which I shall presently mention. In the return as filed, there is no claim for exemption in respect of sales in course of export. It appears, however, that subsequent to the filing of the return, the petitioner filed a ...
The Calcutta Electrical Manufacturing Co. and anr. Vs. Satyendra Nath ...
Court: Kolkata
Decided on: Mar-04-1958
Reported in: AIR1959Cal162
K.C. Das Gupta, J. 1. On the 24th of September 1943 when premises No. 4, Ghore Bibi Lane, Narkeldanga, Calcutta was held in the possession of the military authorities having been requisitioned under the provisions of Rule 75A of the Defence of India Rules, the Deputy Secretary to the Government of India addressed a letter to the Secretary to the Government of Bengal, Revenue Department stating that the Government of India considered the acquisition of the property to be essential for the maintenance of supplies and services and considered that the land should be acquired as quickly as possible for the purpose of extension of the factory of the Calcutta Electrical . engaged in the manufacture of table fans, motors and other electrical goods. In this letter the Deputy Secretary further requested the Secretary to the Government of Bengal that action should be taken under the Defence of India Rules to requisition and acquire the land and place it at the disposal of the Company, adding that...
Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and or ...
Court: Kolkata
Decided on: Mar-03-1958
Reported in: AIR1958Cal373,62CWN405,(1958)IILLJ61Cal
ORDERP.B. Mukharji, J. 1. This is an application under Article 226 of the Constitution. It raises the short but interesting point whether the dispute of the workers of a co-operative society with their employers can be referred to an Industrial Tribunal under the Industrial Disputes Act. Statutory conflict between the Bengal Co-operative Societies Act, 1940 and the industrial Disputes Act, 1947 was debated at the Bar. Which statute should prevail is the problem posed. It is a point of first impression. 2. Its determination may be prefaced by a short account of some simple facts. The applicant is the Co-operative Milk Societies Union Ltd., a society registered under the Bengal Co-operative Societies Act. The respondents are the Fourth Industrial Tribunal, the co-operative Milk Employees and Workers' Union which is a registered trade union under the Indian Trade Union Act, 1926 and the Government of West Bengal. The object of this society is promotion of the common interest of its member...
Subrata Kumar Chatterjee Vs. Deputy Chief Accounts Officer, Eastern Ra ...
Court: Kolkata
Decided on: Mar-03-1958
Reported in: AIR1958Cal654,62CWN352,(1959)ILLJ141Cal
ORDERP.B. Mukharji, J.1. This is an application by Subrata Kumar Chatterjee under Article 226 of the Constitution against his order of discharge from railway service. The order is dated 9th April, 1957 stating:'Your services are terminated with effect from 11-4-57. Arrangements are being made to settle you up immediately.'The communication is made by the Deputy Chief Accounts Officer of the Eastern Railway.2. The petitioner is a purely temporary probationary accounts clerk in the Accounts Department of the Eastern Railway in the scale of Rs. 55-130/-. In the letter of temporary appointment dated 22nd February, 1956 the contract of service is set out. The contract provides inter alia'1. Your appointment is also subject to your character and antecedents being satisfactorily verified by the civil authorities in accordance with the rules in force from time to time.2. It must be clearly understood that the appointment is terminable on 14 days' notice on either side except that no such notic...
Sri Sri Sridhar Jiew and ors. Vs. Corporation of Calcutta and ors.
Court: Kolkata
Decided on: Mar-03-1958
Reported in: AIR1958Cal651,62CWN349
ORDERD.N. Sinha, J. 1. The petitioners in this case are a Hindu deity and his shebaits. It appears that the deity Sri Sri Sridhar Jiew is the owner of premises Nos. 128. 129, 130. 130/1, 131/2 and 132 Canning Street. Calcutta. It will thus appear that the ownership of the deity extended to six different municipal premises numbered as above. These premises were assessed separately. On or about the 20-9-1956 a notice was issued by the Deputy Commissioner II of the Corporation of Calcutta, in respect of these premises, under Section 175 read with proviso (i) to Section 207 (2) of the Calcutta Municipal Act 1951. It was a notice to the effect that the said premises were proposed to be amalgamated into one single municipal premises, numbered as 128 Canning Street, for purposes of valuation from the fourth quarter of 1956-57. It was further stated that any person dissatisfied with the proposed amalgamation may make his objection. Objection was preferred on behalf of the deity acting through ...
Albert Judah Judah Vs. Rampada Gupta and anr.
Court: Kolkata
Decided on: Mar-03-1958
Reported in: AIR1959Cal715,[1960]30CompCas582(Cal)
P.C. Mallick, J.1. This is a suit in which the plaintiff seeks to establish his title to a bunch of 26752 ordinary shares in the defendant company. The Company and one Ramapada Gupta in whose name the shares are registered in the books of the company have been impleaded as defendants.2. The plaintiff who was born in Iraq came over to India some years prior to 1938 and started business in medicine first under the name and style of Albert David Bros, and then of Albert David and Co. In 1938 the plaintiff promoted a private company which in 1948 was converted into a public company. To this company in 1938 the plaintiffs business of Albert David and Co. was made over. The company was given the same name. Till September 1954, the plaintiff and his wife owned more than 90 per cent. of the ordinary shares. The plaintiff was also the largest holder of preference shares. Under the Articles, only the ordinary shares had voting rights. To become a director, one need not hold any share at all. The...
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