Kolkata Court July 1958 Judgments
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Panchanan Dey Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-30-1958
Reported in: AIR1959Cal84,63CWN382
P. Chakravartti, C.J. 1. This appeal arising out of an application under Section 14(2) of the Arbitration Act raises a question to which the Act furnishes no answer. The learned trial Judge, Sarkar J., thought that the matter was concluded by a decision of the Supreme Court, but I do not think that it is. 2. The facts are as follows: The appellant, Panchanan Dey, entered into several contracts with the respondent, Union of India, for the supply of steel-made stores of various kinds. The contracts apparently contained an arbitration agreement, although it has not been printed in the paper book, that in the event of disputes and differences arising over the performance of the contracts, the same would be referred to the arbitration of two arbitrators one to be nominated by each party, and that if the arbitrators failed to agree, the matter would be referred to the decision of an umpire. Disputes did arise about several of the contracts and they were referred to the arbitration of one Sri...
J.N. Gupta Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-25-1958
Reported in: AIR1959Cal141,1959CriLJ307
ORDERD.N. Sinha, J.1. The petitioner in this case is the sole proprietor, editor printer and publisher of a monthly magazine called 'Now India', published from Calcutta. It is stated that through the said magazine the petitioner advertises, promotes and conducts prize competitions under the name and style of 'International Word Competition'. In fact, a copy of the magazine is annexed to the petition and marked 'A'. It appears that the magazine is wholly devoted to these prize competitions. It is stated in the petition that the competitions are of two kinds--one is the 'Square Word Competition' and the other is the 'Pair Word Competition'. In the 'Square Word Competition', the word puzzle is arranged within a large square divided into and consisting of about 100 small squares. Some of these squares are dead squares and mark the end or commencement of the word arranged horizontally or vertically. Some of the squares are filled in, while others are left blank to be filled in by competitor...
Liberty Cinema Vs. the Commissioner, Corporation of Calcutta and anr.
Court: Kolkata
Decided on: Jul-24-1958
Reported in: AIR1959Cal45
ORDERD.N. Sinha, J. 1. This application and 62 other applications have been heard together. A common point of law is involved in all these applications. The petitioners in all these cases are either a company or a firm carrying on the business or running a cinema house in the city of Calcutta, or a proprietor thereof. I shall now proceed to delineate the facts of this case. The facts in all these cases arc more or less similar. The petitioner in this case is a registered partnership firm carrying on business in Calcutta as the owner and licensee of a cinema-house known as the Liberty Cinema, situate at 255/B, Chittaranjan Avenue. It is a 'C' class cinema according to the classification made by the Corporation of Calcutta, having a seating capacity of 551. The petitioner has been paying the following taxes and fees to the Corporation of Calcutta in order to run the said cinema-house: (a) A consolidated rate of Rs. 971.08 np. per year. (b) A fee of Rs. 250,/- for a trade licence. (c) A...
Binapani Roja Vs. Rabindranath Sarkar and ors.
Court: Kolkata
Decided on: Jul-21-1958
Reported in: AIR1959Cal213
P.C. Mallick, J. 1. This is a suit to enforce a mortgage created by a deposit of title-deeds in March 1947. The suit was instituted by the original mortgagee in July 1950. Shortly after, in November 1950 the original mortgagee died and the suit is being continued by his widow the present plaintiff who has been substituted in the place and stead of the original plaintiff. The defenadnt No. 1 Rabindranath Sarkar is the mortgagor. The other defendants are mortgagees having an interest in the equity of redemption. It is alleged that the loan was made on the deposit of title-deeds of certain immovable properties situate at Calcutta in which the Mortgagor defendant had a half share. By way of additional security three several promissory notes in favour of the mortgagor defendant were deposited with the plaintiff. The promissory notes were not however endorsed in favour of the mortgagees. The said promissory notes are for Rs. 26,000/- , Rs. 17,000/- and Rs. 19,000/- respectively. It is allege...
Promode Ranjan Sarkar Vs. R.N. Mullick
Court: Kolkata
Decided on: Jul-18-1958
Reported in: AIR1959Cal318,63CWN6
K.C. Das Gupta, J. 1. On the 2nd April 1957 the Authority under the Payment of Wages Act made an order in the following terms ; 'O.P., Sri Pramoderanjan Sarkar of 40, Hinusthan Park, Calcutta is directed to pay the earned wages of the employees for Rs. 9289/-. Ask O. P. to deposit the directed sum in this Court within 10 days from the date of receipt of notice.' Promoderanjan Sarkar preferred an appeal to the Small Cause Court Calcutta. The learned Judge, Small Cause Court held that as the amount directed to be paid to any one individual employee did not exceed Rs. 300/- no appeal lay under the Payment of Wages Act. Accordingly, he dismissed the appeal. 2. Promode Ranjan Sarkar now asks this Court to set aside the order dismissing the appeal in the exercise of his power of superintendence under Article 227 of the Constitution. His contention is that an appeal did lie against the direction made by the Authority. 3. The decision of the question in controversy depends on the interpretatio...
Raymon and Co. (India) Private Ltd. Vs. Waverley Jute Mills Co. Ltd.
Court: Kolkata
Decided on: Jul-15-1958
Reported in: AIR1959Cal89
S.C. Lahiri, J. 1. The two points which arise for consideration in this appeal are (1) whether the contract for the sale of jute entered into by the appellant with the respondent is hit by the Forward Contracts (Regulation) Act of 1952 and (2) whether the Forward Contract (Regulation) Act is a valid legislative enactment. The first point has been raised by the appellant whose application for setting aside the award made by the Bengal Chamber of Commerce and Industry has been dismissed by P. B. Mukharji J., by an order dated 20-5-1957 and the second point has been raised by the respondent which has obtained the award.2. The facts which are relevant for the purposes of this appeal are these: On September 9, 1955 the appellant entered into a contract for the sale of 2250 bales of jute cuttings of Pakistan (Raw Jute) with the respondent in the standard form of the Indian Jute Mills Association which contains a clause for arbitration by the Bengal Chamber of Commerce and Industry. Under the...
Sher Ali Alias Sk. Sher Ali Vs. Sk. Masud and ors.
Court: Kolkata
Decided on: Jul-14-1958
Reported in: AIR1959Cal457,1959CriLJ835,62CWN873
ORDERN.K. Sen, J.1. This Rule is directed against an order of acquittal of the opposite parties who were tried on various charges by Shrj K.M. Das, Assistant Sessions Judge, Midnapore and a Jury.2. Before the facts giving rise to the trial of the opposite parties are stated, it is necessary to refer to two preliminary points of objection raised by Mr. N.K. Basu on behalf of the opposite parties regarding the maintainability of the present application of the complainant.3. The first point raised is that the application Is barred by limitation or in any event has been moved beyond the period which is allowed under the recognised custom prevailing in the High Court in revision cases. The second point raised is that the application upon which the present Rule was issued is not supported by any affidavit.4. So far as the first point is concerned, it must be remembered that there is no period of limitation prescribed in the Limitation Act for moving applications in revision. Such an applicat...
State of West Bengal Vs. Bibhuti Bhusan Chatterjee and ors.
Court: Kolkata
Decided on: Jul-11-1958
Reported in: AIR1959Cal572
P.N. Mookerjee, J.1. This is the State's appeal, arising out of a Land Acquisition proceeding. The acquired land is a strip 6 ft. wide by the side of a public lane (Ganesh Banerjee Lane) in Dhakuria and the acquisition is on behalf of the Municipality for widening that lane. The strip stretches in length along Ganesh Banerjee Lane which adjoins, it on the west and its width (6 ft.) abuts on the main thoroughfare Sarat Ghose Garden Road which is to its adjacent north. It measures 3 kattas, 10 chittaks and 30 sq. ft. and it forms part of c.s. plot No. 658 (of mouza Dhakuria) which has an area of 41 acre and belongs to the claimants-respondents. 2. The relevant notification under Section 4 of the Land Acquisition Act is dated the 27th February, 1947. It was published in the Calcutta Gazette on the 16th March, 1947. Statutory declaration under Section 6 of the Act was made on the 23rd February, 1948, and it was published in the Calcutta Gazette on the 26th February, 1948. The Collector gav...
London Rubber Co. Ltd. Vs. Durex Products (incorporated) and anr.
Court: Kolkata
Decided on: Jul-10-1958
Reported in: AIR1959Cal56,64CWN110
P.B. Mukharji, J. 1. This is a trade mark appeal under Section 76 of the Trade Marks Act, 1940, from the decision of Sri Nagaraja Sastri, Deputy Registrar, Trade Marks. It relates to the well-known Durex contraceptives.2. The appellants are the London Rubber Company Limited who opposed the application of 'Durex Products (Inc.) for registration of the Trade Mark 'Durex' in Class X. Durex Products (Inc.) are one of the respondents in this appeal. The other respondent is the Registrar of Trade Marks.3. This Court in this appeal did not have the advantage of the appearance of any one of these two respondents. This disadvantage has, however, to a considerable extent been offset by a sensible, comprehensive and well-reasoned judgment of the Deputy Registrar of Trade Marks.4. The dispute relates to the mark 'Durex' applied to contraceptives. The material portion of the decision from which this appeal is preferred is set out below ;'Having considered al! the above aspects, I think, as the mark...
Suresh Chandra Dam Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-10-1958
Reported in: AIR1959Cal94
P. Chakravartti, C.J. 1. A preliminary objection has been taken in this appeal that it is ineffectively constituted and that even if the appellant succeeds in making out a case on the merits, no relief can be given to him by making any order on any of the respondents. The appellant is asking for a writ of mandamus in respect of a claim of money which he says he has against the Union of India on account of compensation for lands acquired from him under the Defence of India Rules before India's Independence. It is pointed out that respondents Nos. 2 and 3 who were impleaded as holders of certain posts under respondent No. 1, the Union of India, had ceased to hold those posts even before the trial Judge made his order and that the appellant, instead of amending his petition, elected to proceed against the Union of India alone. He lost before the trial Judge and having lost appealed, but in the appeal he again impleaded respondents Nos. 2 and 3. They have appeared before us by a learned Ad...
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