Kolkata Court April 1958 Judgments
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National Shipping Co. Vs. Haripada Saha and anr.
Court: Kolkata
Decided on: Apr-02-1958
Reported in: AIR1958Cal597
P.N. Mookerjee, J.1. A question, much debated in the English Courts and of lesser but by no means infrequent recurrence in this country, has come up for consideration in this appeal. It is important and difficult arid, on it, judicial opinion is widely divergent. The law on the point has been stated or sought to be stated at different times by eminent judges and jurists but the apparent clarity at one stage melted away and faded into indistinctness before later examination and the statement and re-statement of the law again involved the mind in confusion and obscurity. Tests have varied and what appeared to be true, conclusive and exhaustive at one stage was rejected as faulty, unconvincing and insufficient on later occasions. In the latest authoritative pronouncements of the Supreme Court here and of the House of Lords in England we have some certainty which may suffice for our present purpose but still the need that was felt in an earlier decision of the House of Lords of a restateme...
Hulas Kunwar Vs. Allahabad Bank Ltd.
Court: Kolkata
Decided on: Apr-02-1958
Reported in: AIR1958Cal644
S.C. Lahiri, J.1. This appeal is by the plaintiff in a suit for redemption and is directed against an order, elated 31-8-1955, passed by Sarkar, J. by which be discharged the exceptions taken by the plaintiff to the report of the Commissioner and Special Referee appointed in the suit to submit a report on certain questions referred to him. The facts which are material for the purposes of this appeal are these : On 9-3-1943 one Chandmull Batia, the predecessor-in-interest of the appellant, executed a deed of hypothecation in favour of the respondent Bank in respect of certain shares as security for advances to be made by the Bank on the plaintiff's overdraft account. By this deed of hypothecation it was agreed that the Bank was to have a margin of 40 per cent in respect of ordinary shares and 25 per cent in respect of preference shares. The limit of advances to be made to the plaintiff was originally fixed at Rs. 50,000/- but it was increased from time to time and ultimately it stood at...
D.N. Ghosh and anr. Vs. Additional Sessions Judge and ors.
Court: Kolkata
Decided on: Apr-01-1958
Reported in: AIR1959Cal208,63CWN147,(1959)ILLJ587Cal
ORDERSinha, J. 1. The facts in this case are briefly as follows: The petitioners are the owners of certain Coal Field popularly known as Diguli Colliery within the district of Burdwan. It is said that for some time the coal field was worked by the petitioners but as they were unable to carry on the business profitably they entered into an agreement on or about 12-1-1948 with one Sri A.K. Goswami. That agreement is evidenced by a registered document, a copy of which was handed over to me at the hearing. The nature of this document is relevant for determination of the points raised in this case. The document starts by describing the petitioners as owners of the properties described in the schedule annexed thereto, along with the lease-hold described and delineated in the attached plan. It is then stated that the petitioners were owners of the said properties along with the lease-hold bearing the name 'The Diguli Colliery' and it was worked by the First Party, namely, the petitioners, und...
Gajanan Dhanuka and ors. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Apr-01-1958
Reported in: AIR1959Cal215,63CWN581
Renupada Mukherjee, J.1. The plaintiffs of the Trial Court are the appellants in this appeal. They instituted the suit in the Trial Court against the union of India as owning and representing the then Bengal Nagpur Railway for recovery of compensation for non-delivery of nine bags of spices and condiments as described in the schedule of the plaint. The non-delivery was attributed, to the gross negligence and mis-conduct on the part of the Railway servants. The total claim was laid at Rs. 2298/- the price of the spices being assessed at Rs. 2273/8 as and proportionate railway freight for the non-delivered bags being assessed at Rs. 24/8as. It was also alleged in the plaint that notice under Section 77 of the Indian Railways Act had been served on the Claims Officer. Bengal Nagpur Railway, and notice under Section 80 or the Code of Civil Procedure was served on the General Manager of the Bengal Nagpur Railway.2. The suit was contested by the Union of India which denied its liability by c...
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