Kolkata Court December 1959 Judgments
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Dr. Sudhir Chandra Neogy Vs. Calcutta Tramways Co. Ltd.
Court: Kolkata
Decided on: Dec-17-1959
Reported in: AIR1960Cal396
ORDERSinha, J. 1. The petitioner in this case is Dr. Sudhir Chandra Neogi, Reader at the University College of Science and Technology, Department of Applied Chemistry. He says that ior the purpose of attending to his duties as a Reader, he has to travel daily by tram car, provided for by the respondent No. 1, the Calcutta Tramways Company Limited. The exact nature of his grievance in this petition is not very clear. Indeed, if we look at the prayers in the petition we find that what is prayed for is a Writ in the nature of Mandamus to be issued on the respondents, prohibiting them from charging and realising fares of 3 naye paise, 5 naye paise, 7 naye paise etc. and also prohibiting them from charging in excess of the legal fares on the basis of the new coins (under the decimal coinage system) 'inasmuch as they are not legal tenders in terms of, Sections 14(1), (2) and (3) of the Indian Coinage (Amendment) Act 1955, and the relevant notification of the Ministry of Finance, Government o...
Smt. Prova Rani Adhikari Vs. Smt. Lalit Mohini Mitra
Court: Kolkata
Decided on: Dec-17-1959
Reported in: AIR1960Cal541
P.N. Mookerjee, J.1. This is the plaintitf's appeal, arising out of suit for declaration of title and recovery of possession and damages. The suit was decreed by the trial court, but that decision was reversed by the learned lower appellate court and the plaintiffs suit was dismissed. Aggrieved by that decision, the present appeal was filed by the plaintiff.2. The relevant facts lie within a short compass and they may be stated as follows:The property in suit originally belonged to one Arun Chandra Dutta. By a Kobala, dated 4-10-1950, the plaintiff claims to have purchased the property and, thereafter, on 4-5-1954, she brought the present suit for recovery of possession of the disputed property from the defendant, on the allegations, inter alia, that the defendant was in occupation of the same without any title whatsoever and that the plaintiff was entitled to a declaration of title and also to recovery of possession as against her. In the meantime, there were some proceedings between ...
G. Bhar and Co. Vs. United Bank of India Ltd. and ors.
Court: Kolkata
Decided on: Dec-15-1959
Reported in: AIR1961Cal308
Renupada Mukherjee, J. 1. This appeal has arisen out of a mortgage suit. The plaintiff in the Trial Court was the United Bank of India Limited. There were altogether four defendants in the Trial Court. Defendant No. 1 is a partnership firm going by the name and style of Eastern Bengal Society. Defendants Nos. 2 and 3, Sm. Surabala Shom and Kshirode Chandra Shome are two partners of that firm. Defendant No. 4 is another firm going by the name of G. Bhar and Co. 2. The suit was instituted by the plaintiff Bank for recovery of a sum of Rs. 22,220/14/4 pies from the defendants on the basis of a mortgage bond. Defendants Nos. 1 to 3 of the Trial Court are said to be mortgagors. Defendant No. 4 was added as a defendant, because this firm is said to have attached the stock-in-trade of a shop of the mortgagors which is said to have been included in the mortgage. 3. The mortgagors did not take any interest in the suit beyond filing a written statement The suit was really contested by defendant ...
Lakshmi NaraIn Ramnivas Vs. Mannesman Export G.M.B.H. and ors.
Court: Kolkata
Decided on: Dec-11-1959
Reported in: AIR1960Cal733
A.N. Ray, J.1. This is an application for stay of further proceedings in Suit No. 1811 of 1957. The suit was filed on 18-11-1957. The suit arises in respect of a contract of carriage contained in the Bill of Lading No. 10 dated 8-4-1956 which was issued on behalf of the defendant No. 4. Defendant No. 5 was the agent of defendant No. 4. The two petitioners are defendants Nos. 4 and 5, namely, Lloyd Triestino and Turner Morrison and Co. Private Limited.2. The Bill of Lading contains the following clause:'All requests for compensation in respect of damage, shortage, deterioration, loss of goods loaded shall be submitted for friendly settlement to the agencies of the Shipping Company at the place of discharge. Failing a friendly agreement both the shipper and the receiver as well as any other party interested in the cargo, if intending to take legal steps against the company, for the above mentioned causes and in general for whatsoever other causes, may summon them before the Judicial Auth...
Wahad Baksh Seikh Vs. Hadisa Bibi
Court: Kolkata
Decided on: Dec-09-1959
Reported in: AIR1960Cal303,64CWN511
ORDERN.K. Sen, J. 1. This is a reference under Section 438 of the Code of Criminal Procedure made by the Sessions Judge of Burdwan recommending that the order passed under Section 488 (1) of the Code of Criminal Procedure granting a monthly maintenance allowance to Hadisa Bibi and her two minor children be set aside. 2. Hadisa Bibi's case in the court below was that she was married to the opposite party, Wahad Baksh Seikh in the year 1358 B.S. in Nika form. There were two children born to her who are now minors. There was a duly registered Kabinnama fixing a dower. Wahad Baksh Seikh has another wife and two daughters and a son were born to her. Hadisa Bibi was living with her husband, Wahad Baksh Seikh since her marriage. Since Ashar 1362 B.S. Wahad Baksh started ill-treating Hadisa Bibi in various ways and also neglected to maintain her and her children as a result of which she was forced to leave her husband and to come to the house of her father who is a poor man unable to maintain ...
Haji Hamed Haji Abdulla Vs. Commissioner of Income-tax, CalcuttA.
Court: Kolkata
Decided on: Dec-09-1959
Reported in: [1961]43ITR599(Cal)
LAHIRI C.J. - In this reference the point that arises for consideration is whether a sum of Rs. 2,59,399 should be included in the computation of the profits of business carried on by the assessee in the assessment year 1951-52. The assessee is a registered firm. It entered into an agreement with Messrs. Columbia International (India) Ltd., for the purchase of balls, roller bearings, taper bearings and other allied machine parts. For the purpose of payment of price of those commodities, the assessee made forward purchases of dollars and sterling through the Netherlands Trading Society Ltd. Eventually, however, the contract with Messrs. Columbia International (India) Ltd., did not materialise and the dollar and sterling purchased by the assessee could not be utilised. Messrs. Netherlands Trading Society Limited on the instruction of the assessee sold the dollars and sterling purchased by it on behalf of the assessee and as a result of the sale there was loss of Rs. 7,617-7-0 on sterling...
Jamaitrai Bishansarup Vs. Rai Bahadur Motilal Chamaria
Court: Kolkata
Decided on: Dec-04-1959
Reported in: AIR1960Cal536
ORDERA.N. Ray, J.1. This is an application for leave to deliver Interrogatories. The plaintiffs suit is for the recovery of Rs. 3,05,679/14/- or Rs. 5,78,403/ 8/6. The plaintiffs case in short is that there were dealings and transactions between the defendant in the firm name of Rai Bahadur Hardut Rai Motilal Chamaria and the plaintiff for the purchase and sale of various commodities and inter alia one of the terms of business was that the plaintiff would advance monies to or on account of the defendants at the request of the defendant by way of temporary accommodation repayable on demand. The defendant in the written statement states that there were transactions but denies that the terms & conditions mentioned in paragraph 2 (a) of the plaint were agreed by and between the parties. The defendant also denies that the plaintiff is entitled to any claim or to any indemnity for any loss.2. There are two affidavits affirmed On behalf of the defendant; one is affirmed by Sugan Chand Sarowge...
Sri Iswar Radha Kanta Jew Thakur and ors. Vs. Gopinath Das and ors.
Court: Kolkata
Decided on: Dec-04-1959
Reported in: AIR1960Cal741
P.C. Mallick, J. 1. This is a suit to challenge the alienation of a defaulter property. The debutter was created by one Mokshadamoyee Desi by two Arpannamas. She appointed herself as the first shebait and certain named persons as subsequent shebaits. Thereafter, the shebaity was to devolve on the nephew of the settlor one Sital Chandra Das and his heirs. The shebaity devolved on Sital sometime in or about 1944, During the life time of Sital's shebaity, the debutter property was sold. Sital died in or about February 1956. His only daughter Molina Hazra as Sital's heir became the next shebait. This suit has been instituted by her for self and as the next friend and shebait of the deity. The parties impleaded are a number of persons who dealt with the debutter property. 2. The plaint sets out all facts leading ultimately to the sale of debutter property. Sital as shebait created a lease in favour of the defendant Gopinath Das on a monthly rent ot Rs. 5/-. The lease records the payment of ...
Protap Properties Private Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-02-1959
Reported in: AIR1960Cal296
Sinha, J. 1. This application relates to the granting of a license and to the renewal thereof, of a cinema house known as the 'Ashok Cinema' situated in Howrah. This cinema has been a fruitful source of litigation between the parties and from time to time there have been rival claims in respect of its ownership and occupation. In this application we are not concerned with a detailed consideration of such litigation. It is sufficient to state the brief facts. The petitioner, Protap Properties Private Ltd., is the landlord of the house in which the cinema is situated. One Durga Pada Mukherjee was his tenant. He was carrying on a cinema business therein known as the 'Ashok Cinema'. A license for that cinema was originally issued in the name of Durga Pada Mukherjee, for the year 1950 and it was renewed annually from 1951 to 1955. It appears that Sri Mukherjee entered into a partnership in 1955 and the partnership was later converted into a Private Limited Co. In 1956, a license was issued ...
Rup Chand Mullick and anr. Vs. Madan Mohan Dutt and ors.
Court: Kolkata
Decided on: Dec-02-1959
Reported in: AIR1960Cal351,66CWN92
P.B. Mukharji, J.1. This is the plaintiff's appeal from the Judgment of Mr. Justice G. K. Mitter, dismissing the plaintiff's mortgage suit against the first two defendants and granting only a personal decree for Rs. 44,325/- with costs against the rest of the defendants limited to the extent of assets received by them from the deceased predecessor of the defendants.2. There were seven defendants to the suit. Defendants 3 to 7 did not enter appearance and contest the suit. Defendants 1 and 2 entered appearance, filed, their written statement and contested the plaintiff's claim at the trial. The first two defendants, however, called no evidence. The relevant facts may be briefly accounted.3. The plaintiff's suit was on an equitable mortgage by deposit of title deeds against the defendants in respect of premises No, 9/3, Arpuli Lane, Calcutta and 81, Lower Circular Road, Calcutta. In these properties Noder Chand Dutt and Gora Chancl Dutt were supposed to have an undivided 1/20th share. Th...
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