Kolkata Court May 1958 Judgments
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Shri Biren Roy Vs. Shri Bejoyesh Mukherjee and ors.
Court: Kolkata
Decided on: May-19-1958
Reported in: AIR1959Cal128
P. Chakravartti, C.J.1. This is an appeal from an order of Sinha, J., dated 11-2-1958 whereby the learned Judge discharged a Rule, issued by himself, on an application by the appellant under Article 226 of the Constitution of India.2. The appellant was elected as a member of Parliament from the Calcutta South-West Constituency in the last General Election held in March, 1957. Soon after the election, an election petition was filed by two persons, named Kalipadi Banerjee and Anil Kumar Sadhukhan, who are respondents Nos. 2 and 3 before us and who challenged the appellant's election on the ground that the same had been secured by malpractices of various kinds. They prayed that the appellant's election as a member of Parliament from the Calcutta South-West Constituency might be declared void or, alternatively, that the whole election might be declared void.3. The petition was opposed by the appellant on its merits as well as on a certain technical ground. It is only the latter which is ma...
Pranballav Saha and anr. Vs. Sm. Tulsibala Dassi and anr.
Court: Kolkata
Decided on: May-16-1958
Reported in: AIR1958Cal713,63CWN258
P.B. Mukharji, J.1. This is an appeal from the judgment and decree dismissing the plaintiffs' suit for possession with costs. The point in the appeal raises the incidents and consequence of letting for immoral purpose. The moral and social perplexities of prostitution are not the concern of this court. Its legal perplexities demand this court's careful and anxious consideration.2. The plaintiffs are the executors and trustees of the Will dated 22-6-1946 of one Ranubala Dassi who died on 23-6-1946 leaving the premises in suit No. 9/2 Sonagachi Lane, Calcutta as part of her assets. The plaintiffs executors obtained probate of the Will from this Court on 15-8-1946. The plaint alleges that the premises were let out by Ranubala Dassi to the defendant for running a brothel, and that the defendant is a woman of the town who has been using the said premises as a brothel and for carrying on prostitution along with other inmates of the said house. A case of disorderliness, annoyance and nuisance...
Kali Charan Shaw Vs. Kissen Lal Choudhury
Court: Kolkata
Decided on: May-15-1958
Reported in: AIR1959Cal17
K.C. Das Gupta, J.1. After the purchase of a property, at auction sale in execution of a decree in Money Suit No. 181 of 1953 by one Gangadin against one Mahabir, the Opposite Party Kissen Lal Choudhury instituted a suit for declaration of his title and confirmation of possession which, it was said, was obtained through court alter purchase at the auction sale. A prayer was made for a temporary injunction restraining the defendant Kali Charan Shaw from proceeding with three Small Causes Court suits which the latter had instituted on claims of rent for portions of the premises and from proceeding with the title appeal which was pending in the Appellate Court against a decree obtained by him against a tenant of another portion of the premises. For a proper understanding of the dispute, it is necessary to refer to the previous history of the litigation in connection with this premises. The money suit in execution of the decree in which Kissen Lal made his purchase was brought on 26-11-195...
P.C. Ray and Co. (India) Private Ltd. Vs. A.C. Mukherjee, Income-tax O ...
Court: Kolkata
Decided on: May-15-1958
Reported in: AIR1959Cal131
P. Chakravartti, C.J.1. We have had some difficulty in following the appellant's argument in this appeal, because it did not conform too closely to what appeals to have been urged in the Court below, nor was its rather expanded end quite an expected sequel to the somewhat slender beginning. Nevertheless, we think we are now in possession of what exactly the appellant wishes to say.2. The appellant is a private limited company, formed under the Companies Act of 1956, to take over the assets and liabilities of another company as also its outstanding contracts. It appears that some time ago the predecessor company obtained a lease of a considerable area of forest land in the North Andamans with a view to exploiting its timber. Andaman timber has hardly any local market and it, therefore, became necessary for the company to secure some means of transport for bringing the timber over to the mainland. For that purpose it chartered from time to time sea-going vessels. One such vessel was the ...
Pannalal Rudra and anr. Vs. Birendra Alias Bireswar Sana
Court: Kolkata
Decided on: May-14-1958
Reported in: AIR1960Cal201,64CWN47
Renupada Mukherjee, J. 1. This appeal has arisen out of a suit instituted by the plaintiffs appellants for recovery of arrears of rent from the defendant respondent for the years 1352 to 1355 B. S. at the rate of Rs. 55/- per year with cesses and damages at the ordinary rates.2. The suit was contested by the defendant whose only defence in so far as the present appeal is concerned was that the plaintiffs can recover rent at the rate of Rs. 34/- per year and not at the, rate of Rs. 557- per year as claimed by them.3. This defence of the defendant found favour with the trial court and it decreed the claim of the plaintiffs at the rate of Rs. 34/- per year with cesses and damages at the ordinary rates and also with costs in proportion to plaintiffs success.4. An appeal was preferred by the plaintiffs from the above judgment and decree of the trial court and the lower appellate court dismissed the appeal and affirmed the decree of the trial court although on grounds somewhat different from...
Swadeshi Industries Ltd. Vs. Administrator Panihati Municipality
Court: Kolkata
Decided on: May-13-1958
Reported in: AIR1959Cal477
Das Gupta, J.1. This appeal is against an order of the learned Subordinate Judge, 10th Court, Alipore, refusing a prayer for temporary injunction pending the disposal of a suit which had been instituted by the present appellant for a declaration that the quarterly tax assessed in respect of the appellant's holding No. 220 of Mahalla Bhowanipore in Panihati was illegal, arbitrary and without jurisdiction and for a permanent injunction restraining the defendant, the Administrator of Panihati Municipality from realising quarterly taxes at this rate or enforcing the same. The learned Subordinate Judge appears to have been of the view that there was nothing on the record to find prima facie that the assessment made by the defendant was illegal or without jurisdiction; that the petition made by the plaintiff before the Review Committee was duly disposed of and the assessment prima facie appeared, therefore, to be lawful and final. He was also of the opinion that if the injunction was granted...
Abdul Majid Vs. Dr. Samiruddin
Court: Kolkata
Decided on: May-13-1958
Reported in: AIR1958Cal593,62CWN555
K.C. Das Gupta, J. 1. The petitioner brought the present suit for ejectment on 25-7-1956 against the opposite party Dr. Samiruddjn on the allegation that the latter was occupying premises No. 54/1, Diamond Harbour Road, Kidderpore, Calcutta, as a monthly tenant according to the English calendar under the plaintiff at a rental of Rs. 40/- per month; that this tenancy has been determined by a notice to quit sent by registered post on 18-5-1956; that the plaintiff reasonably required the suit premises for his own use and occupation and for the benefit of the estate by making substantial addition to and alterations of the front portions of the suit premises; that the defendant without the consent and knowledge of the plaintiff converted the main entrance passage into a kitchen causing serious damage. The summons in the suit was served on the defendant on 11-8-1956. The defendant appeared on 24-8-1956 and filed written statement on 18-9-1956. On 4-12-1956, the plaintiff made an application ...
Bejay Laxmi Cotton Mills Ltd. Vs. the State of W.B. and ors.
Court: Kolkata
Decided on: May-12-1958
Reported in: AIR1960Cal113,62CWN640
ORDERDeep Narayan Sinha, J. 1. The facts in this case are briefly as follows: There is a Society registered under the Societies Registration Act (Act XXI of 1860) known as 'The Society of Farmers and Rural Industrialists (hereinafter referred to as 'The Society'). The Society approached the Government of West Bengal for the purpose of compulsory acquisition of some land for the establishment of an agricultural1 colony and for creating better living conditions therein. A tentative proposal with a lay-out plan was submitted to the Collector of 24 Parganas. The request was that 58.90 acres of land in villages, Chola and Natagarh within the jurisdiction of Khardah P. S. should be acquired at the costs of the Society. The scheme was later on modified and the area that was to be acquired was scaled down to 28.59 acres. On the 4th of February, 1955 a notification was issued under Section 4 of The West Bengal Land Development and Planning Act 1948 (hereinafter referred to as 'The Act'). A copy...
Sm. Padmabati Paul and ors. Vs. Pannalal Paul and ors.
Court: Kolkata
Decided on: May-12-1958
Reported in: AIR1959Cal156
ORDERP.C. Mallick, J.1. This is an application to set aside an award. The sons of One Hari Narain Paul deceased used to carry on two businesses, one business in Homoepathic medicines known as Paul and Co. at 82, Clive Street and another in paper known as Hari Narain Paul and Co., at 103, Old China Bazar Street. These businesses were carried on in co-partnership. In August 1952, there was a dissolution of partnership and a new partnership agreement was entered into between three of the sons of Hari Narain, namely, Pannalal, Chunnial and Luxmi Narain, and the legal representatives of Jiban Chandra, another son of Hari Narain, who was dead. On 13-12-1955 the heirs of Jiban Chandra instituted a suit in this court for dissolution of partnership and accounts against the said three sons of Hari Narain. In the said suit the plaintiffs made an application for the appointment of Receiver. Thereupon, the defendants made an application under Section 34 of the Indian Arbitration Act for stay of the...
Kshetrabashi Panda Vs. Lalit Kumar Sen Gupta
Court: Kolkata
Decided on: May-12-1958
Reported in: AIR1959Cal595,1959CriLJ1158
N.K. Sen, J. 1. This appeal is under Section 417 (3) of the Code of Criminal Procedure and is directed against an order of acquittal passed by Sri K. D. Banerjee, Assistant Sessions Judge, Howrah in agreement with the unanimous verdict of not guilty by the Jury. 2. The respondent Lalit Kumar Sen Gupta was tried by the Assistant Sessions Judge Howrah and a Jury on charges under Sections 467 and 419 of the Indian Penal Code. The learned Assistant Sessions Judge having agreed with the unanimous verdict of not guilty returned by the Jury accepted the same and acquitted the respondent. 3. The case against the respondent was that a sum of Rs. 102/2/- from the Provident Fund Money was due from Sri Mahadeo Jute Mill, Bally to P.W. 2 Kshetrabashi Panda who was working there and who had resigned from service. The respondent who was stated to be a neighbour offered his services to Kshetrabashi for withdrawal of the said money and for that purpose wrote out several applications to the Mill authori...
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