Kolkata Court April 1958 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Mediator Company Ltd. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-18-1958
Reported in: AIR1958Cal634,62CWN682
ORDERP.B. Mukharji, J. 1. This is an application by the Mediator Company Ltd., a private company one of whose objects is-'To act as agent of persons to procure passports, visas and repatriation certificates from appropriate authorities for travelling to foreign countries such as U.K., U.S.A., Pakistan, Burma, etc.'2. The company was duly registered under the Companies Act. It has also a licence from the Corporation of Calcutta to carry on the business. 3. On the 22nd September, 1956 the company wrote to the Visa Officer of the Government of West Bengal, inter alia, on the following terms : '(2) That according to the Indo-Pak Visa and Passport agreement which was effective from the 15th October, 1952 published by the publicity Department, Government of West Bengal, we are entitled to act as an agent and can procure, Visa and Passport from appropriate authorities for persons intending, to move between the States. (3) That the High Commissioner of Pakistan in India, New Delhi, permitted ...
Raymon and Co. (India) Private Ltd. Vs. Khardah Co. Ltd.
Court: Kolkata
Decided on: Apr-16-1958
Reported in: AIR1960Cal86
Chakravartti, C.J.1. This is an appeal from an order of P. B. Mukharji J., dated the 14th June, 1957, dismissing the appellant's application for setting aside an award made against it by the Bengal Chamber of Commerce and Industry. The learned Judge delivered no judgment, but it appears from the minutes that he relied upon an earlier judgment of his own, delivered in Award Case No. 27 of 1956. We have had that judgment brought up before us and have acquainted ourselves with the reasons which influenced the learned Judge in coming to the decision arrived at by him.2. The appellant was the seller under a contract dated the 7th of September, 1955, entered into with the respondent for the sale of 750 bales of jute cuttings or Pakistan. Jute cuttings are raw jute. The delivery of the goods was spread out over threemonths, 250 bales being deliverable in October, 1955 and equal quantities in November and December following. The appellant did not deliver any goods and pleaded as an excuse for ...
Belsund Sugar Co. Ltd. Vs. the Labour Appellate Tribunal of India and ...
Court: Kolkata
Decided on: Apr-15-1958
Reported in: AIR1958Cal456
ORDERSinha, J.1. The petitioner in this application is the Belsund Sugar Company Limited, a Company incorporated under the Indian Companies Act. Its factory is at Righa in Behar and its registered office is at 14 Netaji Subhas Road in the city of Calcutta. The subject-matter of this application concerns a set of industrial disputes said to have arisen between the Company and three of its workmen, the respondents Nos. 2, 3 and 4. By an order dated 29-3-1955 made under the Industrial Disputes Act 1947, the Government of Behar referred an industrial dispute arising between the Company and six of its workers to an Industrial Tribunal consisting of Mr. Ali Hasan. A copy of this order dated 29-3-1955 is annexure 'A' to the petition. The names of the six workmen mentioned therein are found in annexure 'B'. We are concerned in this only with three workmen, and they are Nos. 1, 2 and 5 in the order of reference, being respondents 3, 5 and 2 in this application. The notification mentioned above,...
State of West Bengal Vs. Basanta Kumar Mondal
Court: Kolkata
Decided on: Apr-03-1958
Reported in: AIR1959Cal168
P.N. Mookerjee, J.1. This appeal is by the State of West Bengal against a decree of the court below, decreeing the plaintiff-respondent's suit for recovery of a sum of Rs. 28,530/- on account of certain works of excavation of earth in the Peali river bed, District 24-Parganas. The works were done before 15-8-1947, when the Partition of Bengal took place, and they were done under orders of Collector, 24-Parganas, who was acting in the matter on behalf of the then Government of Bengal, that is, of the undivided Province of Bengal, as it then stood. The outstanding amount was due on two Bills which were passed by the District Engineer, 24-Parganas, who was the appropriate authority for the purpose, on 30-6-1947, and 12-8-1947.2. The only defence, material for our present purpose, and which, practically speaking, was also the main--if not, the only,--defence, urged in the court below, was that the works in question having been completed before the above partition, it cannot be said that th...
Hazi Mohammad Ibrahim Vs. District School Board Malda and ors.
Court: Kolkata
Decided on: Apr-03-1958
Reported in: AIR1958Cal401
ORDERP.B. Mukharji, J. 1. This is an application by one Hazi Mohammad Ibrahim. He is a teacher or claims to be a teacher in Noada Jadupur Primary School in Malda. His complaint is against the restriction imposed on what he calls his guaranteed freedom as a citizen under Article 19 of the Constitution.2. Clause 6 of the resolution or the District School Board, Malda, which is in Bengali and which has not been correctly translated in paragraph 4 of the petition reads as follows on a free translation:'Clause 6. Right to contest in political and self-governing institutions. It was decided by the Board meeting of 15-1-58 that the teachers of the Primary School of the district should not be a member of any political institution. Such teachers should not also contest in any rivalry to become members of the Union Board, Panchayat, District Board or any other local self-governing institutions. It was further decided that without the Board's permission these teachers should not be members or off...
Union of India (Uoi) Vs. K.P. Mandal
Court: Kolkata
Decided on: Apr-03-1958
Reported in: AIR1958Cal415
P. Chakravartti, C.J.1. A great many points were canvassed in this case in the Court below, but of them only one was canvassed in the appeal. The respondent, against whom an arbitrator had made an award on a claim submitted by the Union of India and also on a counter-claim submitted by himself, challenged it before Sarkar J., on several grounds, all of which, except one, failed. The one ground which succeeded was that the arbitrator who had made the award was not competent to act as arbitrator under the provisions of the arbitration agreement. The Union of India sought to resist that ground by contending that the respondent was estopped from taking it, but the learned Judge overruled the contention and declared the award to be void. Dissatisfied with that decision, the Union of India has preferred the present appeal.2. The facts of the case are somewhat extraordinary. On 25-6-1943, the respondent entered into a contract with the then Government of India, as represented by the Superinte...
D.P. Dunderdele and ors. Vs. G.P. Mukherjee and anr.
Court: Kolkata
Decided on: Apr-03-1958
Reported in: AIR1958Cal465,62CWN484,(1958)IILLJ183Cal
ORDERP.B. Mukharji, J.1. The point for determination on this application is whether the firm of Calcutta Solicitors called 'Sandersons & Morgans' can be said to be an industry so as to be liable to haw their disputes with their employees determined by the principles and procedure laid down by the Industrial Disputes Act.2. The application is made by the partners of the registered firm of Solicitors Messrs. Sandersons and Morgans. They all practice in this High Court as Solicitors and attorneys. The application is made under Article 226 of the Constitution of India. It asks for a Writ of Certiorari and prohibition to quash the order of reference to the Industrial Tribunal dated 5-9-1956 and the interim award made by the Industrial Tribunal on 6-5-1957 and to restrain the respondents from giving effect to that award. The Tribunal by its interim award held that the firm of Solicitors Messrs. Sandersons & Morgans carry on a work which is industry within the meaning of Section 2(j) of the I...
Dhajadhari Dutta Vs. Union of India (Uoi), (Home Police Department) Ne ...
Court: Kolkata
Decided on: Apr-03-1958
Reported in: AIR1958Cal546,62CWN546,(1958)IILLJ392Cal
ORDERSinha, J.1. The facts in this case are shortly as follows : In 1925, the petitioner was appointed as a Sub-inspector of Police under the then Government of Bengal. In the year 1942, he was promoted to be an Inspector of Police. In 1946, he was promoted to the post of a Deputy Superintendent of Police in which post he was confirmed in 1947. It is stated that from 26th March, 1948 the petitioner came to officiate as Superintendent of Police in the Indian Police Service (Senior Scale). In 1951, he was acting as Additional Superintendent of Police, Howrah. While he was acting as Additional Superintendent or Police,, he was called by the Inspector General of police and was informed that adverse comments had been received against him in confidential reports. He thereafter asked for a copy of the adverse report and finally on the 26th March, 1951 he was supplied with a gist of the adverse remarks which runs as follows :'In 1948 he was found to have displayed no activities showing any sig...
Mahabir Prosad Lilha Vs. the Purulia Electric Supply Corporation Ltd.
Court: Kolkata
Decided on: Apr-03-1958
Reported in: AIR1958Cal661,1958CriLJ1394
N.K. Sen, J.1. This is an appeal by special leave under the provisions of Section 417 (3) of the Code of Criminal Procedure against an order of acquittal dated 1-10-1956 passed by Shri R.N.N. Sahai, Magistrate, First Class, Purulia.2. The appellant's case, as made out in his petition of complaint, is that he is a consumer of electrical energy and has an Ice-cream factory and flour mill where he has been using electrical energy since 1950. The respondent Purulia Electric Supply Corporation Ltd., holds a licence under the Indian Electricity Act. 1910 granted by the Government of Bihar for the supply of electrical energy within the limits of Purulia Municipality. In the year 1951, the respondent used to supply electrical energy to all Industrial consumers for running motors far 19 hours a day. In November, 1952 the respondent informed the Industrial consumers that DO power could be supplied on Sundays which days they had set apart for the purpose of maintenance of 200 K.W. set. In March, ...
Dulal Chandra Bhar and ors. Vs. Sukumar Banerjee and ors.
Court: Kolkata
Decided on: Apr-02-1958
Reported in: AIR1958Cal474,1958CriLJ1162,62CWN595
P. Chakravartti, C.J. 1. On 17-1-1958, the three appellants before us were committed to jail by an order of N. K. Sen, J.,to be detained in simple imprisonment for six months for contempt of this Court and also, it would appear, contempt of the Court of a Magistrate of Barrackpore. Along with the appellants a fourth person, a Police Officer, was also arraigned for contempt and punished by the learned Judge with a fine. He has not appealed. The contempt found against the appellants was violation of an order made by the learned Judge himself in a Criminal Revision Case arising out of a proceeding under Section 145 of the Code of Criminal Procedure and also, though this is doubtful, some further orders of the Magistrate passed in order to give effect to the learned Judge's order. The appellants contended before' the learned Judge that they hud not been guilty of contempt, but having been convicted, they have now appealed. 2. The question, first to bo decided is whether the appeal lies. It...
- ‹ Prev
- 1
- 3
- Next ›
- Last »