Kolkata Court November 1959 Judgments
Supdt. and Remembrancer of Legal Affairs, Govt. of West Bengal Vs. Fat ...
Court: Kolkata
Decided on: Nov-30-1959
Reported in: AIR1961Cal436,65CWN1197
Debabrata Mookerjee, J. 1. This appeal by the State Government is directed against am order of the Sessions Judge of Howrah acquitting the respondent Fatik Naskar of a charge of murder and directing his detention under Section 471 of the Code of Criminal Procedure.2. The respondent was tried for the murder of one Bhusan Naskar who was his agnatic relation. Bhusan was lying in his khamar bari when the accused entered the shed and struck him on the neck with a katari causing bleeding injuries which resulted in instantaneous death. The deceased's wife saw the accused going out of the shed with a katari in hand; he was apprehended two hours later still holding the weapon in his hand.3. The respondent pleaded not guilty and the defence was that he had been falsely implicated out of grudge and enmity on account of some land dispute between him and the deceased. It was further suggested On behalf of the accused that even if he had committed the act which resulted in Bhusan's death, he committ...
Tag this Judgment!Kalipada Banerjee Vs. Sree Bank Ltd. (In Liquidation)
Court: Kolkata
Decided on: Nov-27-1959
Reported in: AIR1960Cal285,[1960]30CompCas234(Cal),64CWN207
P.B. Mukharji, J.1. This is an appeal from the judgment of the learned trial Judge, Mr. Justice S.R. Das Gupta decreeing the plaintiffs suit for a sum of Rs. 20,925/13/8 with interest thereon at 6 per cent per annum & costs. The suit was filed by Sree Bank Limited (in liquidation) through its Official Liquidator against the defendant on a mutual, open and current account which the defendant had with the Bank.2. The defendant on 9-1-1946 by letter Ex. 1 addressed to the Managing Director of the plaintiff Bank opened 'a current deposit account' with a cash deposit of Rs. 201/-. The evidence of the Managing Director, Sudhansu Kumar Biswas is that subsequently the defendant asked and was granted a temporary overdraft on this account. The account, therefore. was both a current deposit account as well as an overdraft account.3. Two witnesses Gopal Chandra Roy, an accountant of the bank and Sudhansu Kumar Biswas, one of the Managing Directors, gave evidence on behalf of the plaintiff bank. Th...
Tag this Judgment!Royal Calcutta Golf Club Vs. Third Industrial Tribunal and ors.
Court: Kolkata
Decided on: Nov-27-1959
Reported in: (1960)ILLJ464Cal
Sinha, J.1. The petitioner in this application is the Royal Calcutta Golf Club (hereinafter referred to as the 'club') which is situated, and maintains its golf-course and other facilities for playing golf, in the suburbs of Calcutta. It maintains a club-house and two golf-courses. It is stated that for the maintenance of its golf-courses and for carrying out is objects, it maintains a permanent staff of more than a hundred persons. At all material times, prior to 14 lanuary 1957 the club used to employ eight female labourers being respondents 4 to 11, who worked in the golf-courses in order to maintain them in proper condition. The work consisted principally of removing leaves, weeding the greens, etc. It is in evidence that ever since 1948 the club has been contemplating the abolition of the said system of employing female labour for clearing the golf-courses. The reasons why it wanted to do so appear from the evidence and I shall presently refer to it. It appears that previously the...
Tag this Judgment!Mooljee Sicka and Co. Vs. Second Additional Income-tax Officer V(i) an ...
Court: Kolkata
Decided on: Nov-26-1959
Reported in: AIR1960Cal492,[1960]40ITR163(Cal)
ORDERSinha, J.1. The facts in this case are shortly as follows: The petitioner firm carries on business, inter alia, in the collecting and selling of Tendu leaves, which are used for the manufacture of Bidis. It has also factories for the manufacture of Bidis. but with this we have no concern in this case. The immediate facts which have given rise to the necessity of making this application are as follows: For the assessment year 1953-54, the petitioner had been assessed to Income-tax. In that assessment year, it was in possession of certain lands at Gondia and Champa in Madhya Pradesh, which were utilised for the growing, collecting and selling of Tendu leaves. In that assessment, the petitioner claimed certain exemptions in respect of income-tax derived from the above operations on. the ground that it was agricultural income. Exemption was granted and the following is the relevant part of the assessment order:'The aforesaid profit worked out includes an relement of agricultural incom...
Tag this Judgment!Monika Das Gupta Vs. Promode Kumar Roy
Court: Kolkata
Decided on: Nov-26-1959
Reported in: AIR1960Cal577
S. Datta, J.1. On the 19th day of September, 1958 the petitioner Monika Das Gupta falsely called Monika Roy filed this petition for declaration that the marriage between her and Promode Kumar Roy performed on 8-2-1958 is null and void.2. On 8-2-1958 the petitioner who was then a spinster of about 26 years of age was married to Promode Kumar Roy then a bachelor of about 35 years of age at No. 54A Amherst Street in the town of Calcutta.3. The petitioner and the respondent lived and cohabited from the said 8th day of February, 1958 until the 5th day of March, 1958 at 54A Amherst Street, Calcutta and 12/1A Hindustan Park, Calcutta. The respondent never consummated the marriage by carnal copulation, for according to the petitioner the respondent was, by reason of his impotency or malformation, legally incompetent to consummate the said marriage and to enter into the said marriage.4. On or about 13-2-1958 the petitioner disclosed the fact of impotency of her husband to Shephali Das Gupta, wi...
Tag this Judgment!Sm. Jarat Kumari Dassi and ors. Vs. Shaligram Subhkaran Khemani and an ...
Court: Kolkata
Decided on: Nov-25-1959
Reported in: AIR1960Cal489,64CWN488
P.N. Mookerjee, J.1. This appeal arises out of a suit for ejectment, brought by the plaintiff, a Trust Estate, represented by three trustees (who described themselves as plaintiff in the plaint), against the defendants (who are the respondents before us) in respect of the disputed premises Nos. 29 and 29/1, Armenian Street, Calcutta, which were held by the said defendants (respondents) under the aforesaid Trust Estate as tenants. It was the plaintiff's case that, the defendants had defaulted in the payment of rents on, at least, three occasions of two successive months each within a period of 18 months before the institution of the present suit and, accordingly, they were not entitled to the protection of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, which was then in force and which, admittedly governs the present suit. The defendants' tenancy, according to the plaintiff, had been determined by the service of a proper notice to quit, expiring with the last da...
Tag this Judgment!Indian Standard Wagon Co. Ltd. Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Nov-24-1959
Reported in: AIR1960Cal424,[1960]11STC47(Cal)
Bachawat, J. 1. This appeal raises a question of the constitutional validity and the legality of sales tax levied in respect of a sale of 1800 wagons by the appellant to the Railway Board, By a letter dated July 2, 1951, the Director, Railway Board, New Delhi, placed with Martin Burn Limited, Calcutta, an order for 3500 Broad Guage, 4 wheeled, covered' Wagons 'CR' type against Railway Board's Programme for 1952-53. The special terms of the order provided for delivery F. O. R. seller's works siding and for payment by F. A. and C. A. O., E. I. Railway. Messrs. Martin Burn Limited are the Managing Agents of the appellant, Indian Standard Wagon Co., Ltd., as also of Burn and Co., Ltd. The order was accepted by Messrs. Martin Burn Limited by their letter dated July 28,. 1951. The letter of acceptance was posted from Calcutta to New Delhi. The letter stated that against the Order 1800 wagons were allocated to the appellant and the balance 1700 wagons were allocated to Burn and Co. Ltd. The w...
Tag this Judgment!Philipson-stow and Others Vs. Inland Revenue Commissioners.
Court: Kolkata
Decided on: Nov-20-1959
Reported in: [1963]49ITR6(Cal)
SELLERS L.J. - I agree with the judgment the Master of the Rolls has just delivered, which I have had an opportunity of reading beforehand, and I too would uphold the decision of Upjohn J. and would dismiss the appeal.HARMAN L.J. I have the misfortune to dissent from the conclusions arrived at by my Lords.The words to be construed are 'the proper law regulating... the disposition.' I agree with Lord Evershed M.R. in holding that the disposition here is the testators will and I accept his views both as to the origin of the words 'proper law' and the meaning to be attached to them. I feel no great difficulty in applying these words to an unilateral document such as a will but as will be seen hereafter they do not produce the same effect as when applied to contracts where the proper law is to be determined once for all at the contract date. In the case of a will, the proper law may, and in the instant case does, change at a time after the testators death, and cannot be settled on the happ...
Tag this Judgment!National Tobacco Co. of India Ltd. and ors. Vs. Fourth Industrial Trib ...
Court: Kolkata
Decided on: Nov-19-1959
Reported in: AIR1960Cal249,64CWN304,[1960(1)FLR229],(1960)IILLJ175Cal
ORDERD.N. Sinha, J.1. The facts of this case are shortly asfollows : There are three companies before me as petitioners -- The National Tobacco Company of India Ltd., the West Bengal Power Supply Co. Ltd., and the Agarpara Co. Ltd. The first petitioner carries on the business of manufacture and sale of cigarettes and tobacco products. The second petitioner carries on the business of supplying electricity. The third petitioner carries on the business of manufacture and sale of jute fabrics. They have a common Managing Agent, Messrs, B. N. Elias & Co. Private Ltd. At all material times, until they were dismissed, the respondents Nos. 4, 5, 6, 7, 8 and 9 were employed as clerks by the first petitioner. The respondents Nos. 10 and 11 were employed as clerks by the second petitioner, and respondents Nos. 12 and 13 were employed as clerks by the third petitioner. The office space at the Head Office situate at 1-2, Old Court House Corner in Calcutta is divided into two wings, one occupied by ...
Tag this Judgment!Ram Baran Prosad and anr. Vs. Ram Mohit Hazra and anr.
Court: Kolkata
Decided on: Nov-18-1959
Reported in: AIR1961Cal152,64CWN416
P.N. Mookerjee, J.1. The only point which arises for consideration in this appeal relates to the construction of what may be roughly called a pre-emption clause in a partition award and the determination of its scope and of its effect on the rights of the contending parties. The relevant facts are no longer in dispute and they may be shortly stated as follows:2. Two brothers, Tulshidas Chatterjee and Kishori Lal Chatterjee, owned certain properties (land and building) on Paharpur Road, mouza Garden Reach, Kidderpore, in the suburbs of Calcutta. In or about the year 1938, Kishori sued for partition of the said properties and, eventually, the matter was referred to arbitration. On 16th December, 1940, the arbitrators filed their award, on which a decree was passed on March 15, 1941. Under the award, which formed part of the aforesaid decree, two of the four blocks A, B, G, D into which the disputed properties were divided by the arbitrators, were allotted to Kishori and the remaining two...
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