Kolkata Court January 1959 Judgments
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Seth Sukhlall Chandanmull Vs. A.C. Jain, Income Tax Officer and anr.
Court: Kolkata
Decided on: Jan-20-1959
Reported in: AIR1959Cal444,[1959]37ITR101(Cal)
K.C. Das Gupta, C.J.1. The main point raised in this appeal, which is from an order dismissing an application under Article 226 of the Constitution by which the appellants wanted relief against the assessment order made against them for Income-tax and Super Tax, is whether the Finance Act of 1951 was ultra vires the Constitution of India by reason of contravention of Article 14 of the Constitution in so far as it provides for a graduated scale of Income-tax, the rate of tax rising with the rise in income. As far as we are aware, such an objection against this graduation in the rate of Income-tax has not been taken before any of the Courts in this country. It appears that in Cantonment Board, Poona v. Western India Theatres Ltd., : AIR1954Bom261 , an objection was taken before the Bombay High Court that the entertainment tax, the validity of which was under consideration in that case, was ultra vires the Constitution on the ground of discrimination. That objection was overruled on the g...
Kirti Bhusan Namua and anr. Vs. Lakshman Day
Court: Kolkata
Decided on: Jan-16-1959
Reported in: AIR1959Cal314,1959CriLJ587,63CWN449
S.N. Guha Ray, J.1. This Rule at the instance of the 2nd party in a proceeding under Section 147 of the Code of Criminal Procedure raises only two points. The first is that as the section stands, it is not open to the learned Magistrate to make a mandatory order directing the 2nd party to remove certain obstructions it had already put up before the proceedings were drawn up. The second is that it was not open to the learned Magistrate to make use of a report submitted by another Magistrate who was asked by the trying Magistrate to inspect the locality and to submit a report without examining that Magistrate as a witness. The facts of the case are briefly that the 1st party claimed a right of way over a plot of land belonging to the 2nd party and as part of the path was obstructed by putting up a fencing and by digging a pagar, the 1st party applied for action under Section 147 of the Code of Criminal Procedure. A proceeding was accordingly drawn up and affidavits were filed by both the...
Rungta Sons Private Ltd. Vs. Jugometal Trg. Republike and anr.
Court: Kolkata
Decided on: Jan-15-1959
Reported in: AIR1959Cal423,63CWN527
R.S. Bachawat, J.1. This is an appeal from an order made by G.K. Mitter, J., allowing an application for stay of a suit under Section 34 of the Indian Arbitration Act. By a contract dated 20-11-1956, the appellant, Rungta Sons Private Ltd., a company incorporated under the Indian Companies Act and carrying on business in Calcutta, agreed to sell 10000 Long tons of iron ore to the respondent, Jugometal Trg. Republike of Beograd, Yugoslavia, carrying on business outside India. The contract provides for shipment during January/April, 1957, payment under Letter of Credit to be opened by the buyer in favour of the seller with a validity of 60 days, to be extended, if necessary with a guarantee by the seller of a loading rate of 500 tons, the demurrage and despatch based on this loading rate to be on the seller's account. The contract contains the following arbitration clause:'Any dispute arising out of this contract shall be settled by a court of arbitration which is to be made up as follow...
William Frederick De Penning and anr. Vs. Third Industrial Tribunal of ...
Court: Kolkata
Decided on: Jan-15-1959
Reported in: AIR1959Cal749
ORDERD.N. Sinha, J.1. The petitioners in this case are husband and wife and practise the profession of Patent and Trade Mark Agents, in partnership with each other, under the name and style of 'De Penning and De Penning', at No. 10, Government place East, Calcutta. On 4-1-1958, the Government of West Bengal in purported exercise of powers conferred upon it by Section 10 of the Industrial Disputes Act. 1947 (herein referred to as 'the Act') made a reference of certain disputes, which are described as 'industrial disputes', said to exist between Messrs. De Penning and De Penning and their workmen represented by the Mercantile Employees' Union, Calcutta. This name has been corrected by a corrigendum dated 14-2-1958 and altered to 'Patent and Trade Mark Agencies Employees' Union, C/o. Federation of Mercantile Employees' Union, 23A. Netaji Subhas Road, Calcutta-1'. The issues that have been referred to for adjudication by the Third Industrial Tribunal, West Bengal are the following :'(1) Mi...
Narendra Kumar Mitra Vs. the State
Court: Kolkata
Decided on: Jan-09-1959
Reported in: AIR1960Cal151,1960CriLJ332
ORDERS.K. Sen, J.1. This revisional application is directed against the conviction of the petitioner Narendra Kumar Mitra under Section 41 of the West Bengal Premises Rent Control Act, 1950 and the sentence passed thereunder of a fine of Rs. 60/-, in default simple imprisonment for six weeks. The case of the complainant Phani Bhusan Roy was briefly as follows:2. Phani Bhusan Roy entered into occupation of one suite of rooms in the ground-floor of the house at 27/12, Baburam Ghosh Road, Tollygunge, at the monthly rate of rent of Rs. 50/- under the petitioner Narendra Kumar Mitra who was the owner of the house. He entered into possession on 13-4-1955. According to the complainant the rent Rs. 50/- was inclusive of charges for the electricity consumed in the suite of rooms tenanted to the complainant. On 3rd October 1955 when the complainant returned home from his office, he found that the electric supply to his suite of rooms had been cut off and on enquiry he found Out that this had bee...
Sankar Prosad Mukherji Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-09-1959
Reported in: AIR1959Cal440,68CWN24
ORDERP.B. Mukharji, J.1. This is an application under Article 226 of the Constitution. The petitioner obtained the Rule nisi on 30-1-1956 calling upon the State of West Bengal why writs of mandamus and certiorari should not issue directing the State to forbear from giving effect to a notice upon the petitioner under Section 10(2) of the West Bengal Estates Acquisition Act, 1953, to deliver possession of a tank fishery generally known as 'Chang Beel Betimari', and for quashing the said notice. The petitioner also obtained an interim stay of the order to deliver possession issued by the Government upon the petitioner.2. The application raises a short but interesting and important point of law concerning the construction of the proviso to Section 6(2) of the West Bengal Estates Acquisition Act, 1953. The facts of the case are simple and must be stated before I proceed to a determination of the question of construction.3. The properties are admittedly tank fisheries. They were let out to a...
Taraprosad Prodhan Vs. Sri Shyam Bera and ors.
Court: Kolkata
Decided on: Jan-09-1959
Reported in: AIR1959Cal775,63CWN709
Renupada Mukherjee, J.1. This appeal arises out of a suit instituted by appellant Tara Prosad Prodhan for enforcement of registration of kobala under Section 77 of the Indian Registration Act. The case of the plaintiff in brief was that the defendants agreed to sell the lands described in the plaint to the plaintiff for a consideration of Rs. 300/- and that they actually executed a kobala in favour of the plaintiff on 2nd May, 1948 in furtherance of the agreement. The case of the plaintiff further was that when the kobala was presented for registration before the Sub-Registrar of Egra, the defendants did not turn up and so registration was refused by the Sub-Registrar on October 4, 1948. Thereafter the plaintiff filed an application before the District Registrar of Midnapore for directing the defendants to register the kobala but as the defendants appeared and denied execution of the kobala, the District Registrar dismissed the application of the plaintiff on August 29, 1949. Thereafte...
Rifle Factory Co-operative Society Ltd. (Stores Branch) Vs. Fourth Ind ...
Court: Kolkata
Decided on: Jan-08-1959
Reported in: AIR1959Cal349,(1960)IILLJ517Cal
P.B. Mukharji, J.1. This is an industrial dispute between the Rifle Factory Co-operative Society Ltd. and its workmen. The petitioner applied for and obtained a Rule nisi on 25-1-1956 for a writ in the nature of mandamus or prohibition and certiorari directed against an award of the Fourth Industrial Tribunal purported to have been made under Section 20 (2) of the Industrial Disputes (Appellate Tribunal) Act. An interim order was obtained on that day staying all further proceedings and the Rule was fixed for hearing on 22-2-1956. It has taken all this time to come up for disposal.2. The facts may be briefly set out before discussing the points involved in the application. By an order dated 30-8-1952, the Government referred to the Fourth Industrial Tribunal for adjudication amongst others the dispute which was described as, 'Issue No. 2', in the order of reference in the following terms :'Whether the graded scale of pay of all categories of employees now in force should be revised: wha...
Srimanta Manna and anr. Vs. the State
Court: Kolkata
Decided on: Jan-08-1959
Reported in: AIR1960Cal519,1960CriLJ1078
Guha Ray, J.1. The two petitioners Srimanta Manna and Sashi Manna, Srimanta being Sashi's son, were convicted under Section 379 and under Section 411, I. P. C. respectively and were sentenced to R. I. for four months. The case for the prosecution briefly is that on 11-9-1950 in the evening Atul Manna and the other members of his household had gone out when a burglary was committed in his house and from a wall almirah in the southern varandah of Atul Manna's dwelling house a sum of Rs. 530, a number of documents and some gold and silver ornaments (Ex. I to V) which had been kept in a wooden box (Ex. VII) and a number of documents kept in a suit case (Ex. VIII) were taken away. The burglary was detected by P.W. 2 Satyabhama Manna when she found a bottle (Ex. XII) lying in the courtyard and a plate Ex. XI, lying on a bench. She and her Mashi Snehalata Manna, P.W. 4 who also happened to be at the house at the time raised a hue and cry which brought to Atul's house some of the villagers inc...
Alliance Assurance Co. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jan-07-1959
Reported in: AIR1959Cal563,63CWN806
P.B. Mukharji, J.1. This is a suit by Alliance Assurance Co., Ltd., against the Union of India as the main defendant and the Goodyear Tyre and Rubber Company of India Ltd., as a pro forma defendant only. The claim is for a sum of Rs. 3,680-5-0. There is an additional claim for Rs. 1,000/- as damages for vyrongful detention, but that has not been pressed before me by the learned counsel for the plaintiff'. A short but important point of jurisdiction is the real bone of contention in the suit.2. The plaintiff's claim arises in this way. The Goodyear Tyre and Rubber Co. despatched by railway certain goods from Bansabati to Delhi and also insured those goods with the plaintiff. The Railway delivered most of the goods. There was, however, short delivery of 12 tyres. The value of these 12 tyres is Rs. 3,680-5-0. The Goodyear Tyre claimed this money from the plaintiff under the policy of insurance covering these goods. The plaintiff paid that amount to the Goodyear Tyre. The Goodyear Tyre the...
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