Kolkata Court August 1958 Judgments
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Kishan Prasad Vs. the Union of India
Court: Kolkata
Decided on: Aug-28-1958
Reported in: AIR1960Cal264,64CWN272,(1960)IILLJ326Cal
Das Gupta, J.1. The appellant entered the service of the East Indian Railway on 15-1-1942 as a temporary cleaner. On 29-5-1942 he was confirmed as a cleaner. Thereafter, he has continued to serve the Railway as a permanent employee of the Railway till in September 1949 he was serving the Railway as a Driver. On 19-9-1949 a report was made against him for his alleged conduct deliberately aiding the removal of coal from a wagon. This matter was enquired' into by some officers of the Railway who submitted a report against the appellant, the report being that he was guilty of the conduct alleged. A charge sheet was then served on him wherein he was formally charged with the offence of'aiding in the removal of coal from the wagon drawn from the colliery siding while working 1st Down Asansol Pilot on 18-9-49 with engine 523 CA while standing at the Bogra Level crossing gate Lodge''.His explanation was that he had already replied to the charge brought against him in the enquiry held on 21-9-1...
Sri Luxmi Janardan Jew and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-25-1958
Reported in: AIR1959Cal402,63CWN101
Sinha, J. 1. This application has been made by a Hindu deity, represented by its shebait Sri Krishna Kishore Gupta, and the said Krishna Kishore Gupta in his individual capacity. It is in connection with a plot of land within Mouza Nahesh, P.S. Serampore, comprising an area of more or less 4 cottahs, situate within the Serampore Municipality. This plot of land is situate at the back of Sri Gupta's residential house at Serampore, and is a bare plot with a derelict latrine in it. It is further stated that the land is surrounded by latrines of adjoining premises. This land is being sought to be requisitioned under the West Bengal Land (Requisition and Acquisition) Act of 1948, and the complaint herein is against the requisition order.2. In order to appreciate the facts it would be necessary to go back as far as the year 1920. Since then, there has been an attempt to have a sewerage scheme for the Municipal town of Serampore which badly needs the same, particularly as there are a number of...
Shib Kumar Banerjee Vs. Rasul Bux
Court: Kolkata
Decided on: Aug-22-1958
Reported in: AIR1959Cal302
P.C. Mallick, J.1. This is a suit for specific performance of an agreement for sale of two items of immovable properties, both situate at Baranagar, outside the jurisdiction of this Court. One of the two properties, being premises Nos. 14, 15, 15/1, 15/2 & 15/A Nainan Musalmanpara Lane consist of a very substantial building on land measuring 13 cottas 4 chs., the other being premises No. 78 Nainan Musalmanpara Lane, consisting of 7 cottas of open land with practically no structure. It is pleaded in the plaint that the agreement was arrived at on 21-3-1950 at Calcutta, within the jurisdiction of this court and the entire consideration money of Rs. 20,000/- was paid in cash. It was agreed that the defendant would execute a proper sale deed within a year. This agreement and the payment of consideration are evidenced by a receipt. It appears from the said reciept that the defendant also agreed to give full possession within the same period of one year. A copy of the receipt is annexed to t...
Sunil Kumar Roy Vs. Commercial Tax Officer and anr. (No. 2)
Court: Kolkata
Decided on: Aug-22-1958
Reported in: [1959]10STC18(Cal)
SINHA, J.1. The facts and the law involved in this case are more or less similar to the facts and law involved in Matter No. 217 of 1957, Sunil Kumar Roy. v. Commercial Tax Officer and Anr. [1959] 10 S.T.C. 14. The petitioner is a manufacturer of coke and derivatives from coal and has his factory situate at Bhowra in the district of Dhanbad in the State of Bihar. He is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941. On or about the 20th November, 1956, the Commercial Tax Officer, respondent No. 1, issued a notice to the petitioner in Form VI under Sections 11 and 14( 1) of the said Act, in respect of the year 1955-56. As will appear from the notice, which is Exhibit 'A' to the petition, what the petitioner was asked to do was to make a return in respect of the period ending on the last day of March, 1956, and also to show cause why in addition to the amount of tax to be assessed, there should not be a penalty imposed under Sub-section (1) of Section 11 of the Act. O...
Biswanath Chakravarty Vs. Haripada De Dhara and ors.
Court: Kolkata
Decided on: Aug-18-1958
Reported in: AIR1959Cal443,1959CriLJ831
N.K. Sen, J.1. In the final hearing of this appeal, a memorandum of agreement has been filed signed by the learned Advocate appearing for the appellant and for the respondents stating that at the intervention of common friends the parties have composed their disputes and settled the above appeal and that in view of the said settlement the appellant will not proceed with the appeal any further. A prayer has been made before me to give effect to the aforesaid settlement and to dispose of the appeal by allowing the appellant permission not to proceed any further with the appeal.2. The respondents were tried for having committed criminal trespass into the room of the appellant and for beating him. They were summoned to take their trial under Sections 448 and 323 of the Indian Penal Code and after trial they were found not guilty of the charges on which they were tried and acquitted.3. Mr. Pankaj Kumar Ghosh in the petition for special leave has mentioned that the respondents were acquitted...
Kedar Nath Chakravarty Vs. the State
Court: Kolkata
Decided on: Aug-14-1958
Reported in: AIR1959Cal280,1959CriLJ581
J.P. Mitter, J. 1. The appellant was tried upon charges under Sections 304 and 394 of the Indian Penal Code by a learned Additional Sessions Judge, Alipore, with the aid of a jury. The Jury found the appellant not guilty under Section 304, but found him guilty under Section 394 of the Indian Penal Code. The learned Judge acquitted the appellant of the offence under Section 304 but convicted him of the offence under Section 394 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for four years. 2. The prosecution case against the appellant was that one Kshetramoni was murdered in the course of a robbery which took place on the 1st July 1957 & that the appellant was one of the miscreants. On the 6th July 1957 the appellant was arrested. He took the police to a jungle at a distance from the place and brought out a trunk containing clothings. The trunk was proved to have been taken away in the robbery. On the 19th July the appellant made a confession before a Magistr...
B.K. Gupta and anr. Vs. the State
Court: Kolkata
Decided on: Aug-14-1958
Reported in: AIR1959Cal286,1959CriLJ582
J.P. Mitter, J. 1. This Rule is directed against an order of commitment upon charges under Sections 417, 466, 471 and 120B of the Indian Penal Code. 2. Two points have been taken in support of the Rule. The first concerns the basis of the order of commitment. According to Mr. Banerjee, the evidence concerned does not disclose any of the offences with which his client has been charged. We have examined the relative evidence and are of the view that the order of commitment is not without foundation. At this stage, we are not concerned with the weight or credibility of evidence nor are we concerned with the question whether or not the evidence of the accomplice is corroborated. It is said that the accomplice is dead. At this stage, it is not necessary for us to consider whether the deposition of the dead man will or will not be admissible under Section 33 of the Indian Evidence Act. The first point fails. 3. As to the second point, namely, that there has been no compliance with the provis...
Asiatic Steam Navigation Co. Ltd. Vs. Jethalal Dharamshi and Co. and a ...
Court: Kolkata
Decided on: Aug-13-1958
Reported in: AIR1959Cal479
P.B. Mukharji, J.1. In this appeal, the claim is large, the witnesses are numerous and the documents are voluminous. But the essential controversy between the parties lies within a very small compass.2. Two plaintiffs brought this suit for the recovery of a sum of Rs. 3,40,243/6/3 pies as damages for non-delivery of 1472 bags of Indian biri tobacco entrusted to the defendant shipping company for carriage by sea from Bombay to Calcutta, under eight Dills of lading between the dates 20th November 1948 and 27-11-1948, by the defendant's steamer, S.S. Pasha. The Pasha left Bombay on or about the 4th December and arrived at Calcutta on the 24th December 1948 after stopping en route at Tuticorin and Madras. The defendant failed to deliver the said cargo of 1472 bags to the plaintiffs in Calcutta. On 16-3-1949, the defendant called upon the first plaintiff to clear 212 bags alleged to be part of the consignment of 1472 bags and also, made an offer of 1260 bags which were no part of the consig...
BepIn Behary Mullick and ors. Vs. Sm. Lakshasona Dassi and ors.
Court: Kolkata
Decided on: Aug-12-1958
Reported in: AIR1959Cal27
P. Chakravartti, C. J. 1. This is an application for the substitution of the heirs and legal representatives of a deceased party, made within time and prima facie it was a simple application. In the course of the argument, however, Mr. T. P. Das has raised a point which, in my view, deserves to be dealt with in a judgment instead of being disposed of by a mere order.2. The facts are these : In a partition suit brought with respect to the estate of one Nanda Lal Mullick, a preliminary decree was passed on 1-4-1938. Under that decree, the share of one Madan Mohan Mallik was declared to be 1/7th and another 1/7th was declared to be the share of one Anukul Chanclra Mallik. Anukul, it appears, transferred his share in one of the joint properties to a Marwari lady who has thus come to bo interested in his share along with his heirs and legal representatives, but with that matter we are not here concerned. After the preliminary decree had been made, there was the usual reference to a Commissi...
Ganesh Chandra Chakravarty Vs. Kalna Town Credit Co-operative Bank
Court: Kolkata
Decided on: Aug-12-1958
Reported in: AIR1959Cal624,63CWN85
B.N. Banerjee, J.1. Ganesh Chandra Chakravarty, the appellant in this appeal, is a subsequent mortgagee decree-holder. Kalna Town Credit Co-operative Bank (herein after referred to as the 'Bank') was a prior mortgagee of the self-same property, which was subsequently mortgaged to Ganesh Chandra Chakravarty. It appears that the Bank instituted a suit in enforcement of the mortgage in its favour but did not make Ganesh, the subsequent mortgagee, a party defendant in that suit. The Bank obtained a decree and in execution of the decree itself auction purchased the mortgaged property,2. In the suit filed by Ganesh, in enforcement of the mortgage in his favour, the mortgagors and the prior mortgagee, the Bank, were all made defendent In the aforesaid suit a sum of Rs. 1800/-was found due and owing to Ganesh by way of principal and interest and there was a preliminary decree for sale passed in favour of Ganesh with costs. The Bank preferred an appeal, being Title Appeal No. 160 of 1951, again...
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