Kolkata Court March 1959 Judgments
Jiban Banerjee Vs. the State
Court: Kolkata
Decided on: Mar-25-1959
Reported in: AIR1959Cal500,1959CriLJ965,63CWN628
Das Gupta, C.J. 1. This reference has been made by a Division Bench of this Court as the learned Judges (Guha Ray. J. and N.K. Sen, J.) found themselves in disagreement with the decision of another Division Bench in Bisseswar v Emperor : AIR1924Cal1034 on the important question whether a Court which, has jurisdiction to try an offence of conspiracy having been committed within the local limits of its jurisdiction has also jurisdiction to try offences committed in pursuance of the conspiracy, though, committed outside the local limits of the Court's jurisdiction. The question arose before Guha Ray, J., and N.K. Sen, J. in an application under Section 439 of the Code of Criminal Procedure made by one Jiban Banerjee. Jiban along with 23 other persons were committed to the Court of Sessions, 24 Parganas, by the Police Magistrate, Sealdah, to take their trial on charges under Sections 489-A, 489-B, 489-C and 489-D read with Section 120-B of the Indian Penal Code. Against Jiban there was a c...
Tag this Judgment!Sm. Daya Debi Vs. Chapala Debi
Court: Kolkata
Decided on: Mar-23-1959
Reported in: AIR1960Cal378,63CWN976
Lahiri, J. 1. The question raised by the petitioner in this Rule is of some importance and that question is whether in a proceeding under Section 17 of the West Bengal Premises Tenancy Act of 1956 the tenant is required to deposit under Sub-section (1) of that section, the arrears of rent which were transferred by the landlord in favour of another. The admitted facts are these: Premises No. 101, Durga Charan Mitra Street belonged to a lady named Harimati and under her the petitioner was a tenant at a monthly rent of Rs. 70/- and the tenancy was held by the petitioner according to the Bengali calendar month. On 13-4-1949 Harimati executed a deed of settlement by which she appointed one Dulal Chandra Dutta and Puma Chandra Agarwalla as her trustees. On 27-9-1957 Dulal Chandra Dutta and Purna Chandra Agarwalla sold the premises tothe opposite party Sin. Chapala Devi by a document -- Ex. 1. By another document Ext. 3, the two trustees sold the arrears of rent from the month of July up to d...
Tag this Judgment!Damodar Shah Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Mar-23-1959
Reported in: AIR1959Cal526
ORDERP.C. Mallick, J. 1. This is an application under Section 33 of the Indian Arbitration Act to determine the existence of an arbitration agreement. 2. The petitioner is a contractor who submitted on 18-7-1952 a tender for the supply of sal and teakwood of twenty different specifications for the supply of which tenders were invited by the Directorate of Supply. The Directorate of Supply purported to accept the tender submitted by the petitioner on 13-11-1952 and an acceptance note was issued on the same date. The petitioner contends that there was no concluded contract on the so-called acceptance of tender on 13-11-1952, firstly because the tender was open to acceptance by the Directorate of Supply till 31-10-1952 and could not be accepted on 13-11-1952 and secondly, because the terms contained in the tender are different from the terms issued in the A/T dated 13-11-1952 and hence the parties were not 'consensus ed idem'. The respondents contend that the A/T dated 13-11-1952 evidence...
Tag this Judgment!Amulya Ratan Karmakar and ors. Vs. the Commissioner of Basirhat Munici ...
Court: Kolkata
Decided on: Mar-20-1959
Reported in: AIR1959Cal548,63CWN541
ORDERSinha, J.1. The petitioners are rate-payers of the Basirhat Municipality. The petitioner No. 2 is a sitting Commissioner and has also stood as a candidate for election as Commissioner of the said municipality at the next general election. The respondent No. 1 are the Commissioners of the Basirhat Municipality. The respondents Nos. 2 to 4 are members of the committee appointed under Section 21, of the Bengal Municipal Act, 1932 called the 'Registering authority.' Section 21 of the said Act lays down that a committee consisting of the chairman and two Commissioners to be appointed by the Commissioners at a meeting for this purpose, shall prepare and publish at the time and in the manner prescribed, an Electoral Roll showing the names of persons qualified to vote. Every person whose name appears in the final Electoral Roll published under this section, so long as such Roll remains in force, is entitled to vote at an election and no person whose name does not appear in such Roll can v...
Tag this Judgment!Bengal Immunity Co. Ltd. Vs. Denver Chemical Manufacturing Co. and ors ...
Court: Kolkata
Decided on: Mar-17-1959
Reported in: AIR1959Cal636
Das Gupta, C. J.1. This appeal is against the order of the Deputy Registrar of Trade Marks refusing an application by the appellant, Bengal Immunity Co. Ltd., for registration or the word 'B. I. Phlogiston' in white on a dark background with the name of the appellant, Bengal Immunity Company Ltd., and its address Calcutta below the same as the trade mark for certain medicinal preparation. As originally made the application was for registration only of the word 'B. I. Phlogiston'. The Registrar pointed out the objection to registration of this word 'B. I. Phlogiston' as the word 'B. I.' prefixed to 'Phlogiston' would indicate the presence of double the chemical element 'Phlogiston' and would be likely to cause a confusion. Though at first unwilling to make any modification, the applicant ultimately amended his application by putting full stops after 'B' and 'I' and removing the hyphen before 'P' so that the word as it now stands in the application is, as already indicated, 'B. I. Phlogi...
Tag this Judgment!In Re Tapp : Gonville and Caius College Cambridge Vs. Inland Revenue C ...
Court: Kolkata
Decided on: Mar-16-1959
Reported in: [1960]40ITR6(Cal)
This is an appeal by the Commissioners of Inland Revenue from a judgment off Danckwerts J. dated July 29, 1958, in proceedings brought against them by the present trustees of the will of William Munro Tapp, deceased, for the determination by the court of a question concerning the estate duty payable on the death of Arthur Gerard Sentance Tapp (hereinafter called 'the deceased') in respect of his interest under a trust contained in the testators will for the payment out of the income of the trust fund thereby constituted of an annuity of pounds 3,000 to three named beneficiaries, including the deceased (who was the second of the three to die), or such one or more of them as should for the time being be living, and if more than one in equal shares.The question in the appeal is whether, having regard to the terms of this trust, there was, on the death of the deceased, a passing under section 1 of the Finance Act, 1894, of property, in the shape of the share original an accruing of the ann...
Tag this Judgment!Nitai Chandra Mandal Vs. Pashupati Dey and anr.
Court: Kolkata
Decided on: Mar-13-1959
Reported in: AIR1960Cal157,1960CriLJ334
ORDERS.K. Sen, J. 1. This revisional application is directed against an order passed by Shri B. Majumdar, Magistrate, First Class, Vishnupur in a proceeding under Section 133 of the Criminal P. C. There was a complaint against the petitioner of having obstructed a public 'nala' through which the villagers discharged water. After an enquiry the learned Magistrate drew up proceedings under Section 133 of the Criminal P. C., calling upon the second party to show cause why he should not be directed to clear the obstruction. The second party appeared and filed a written statement denying the existence of the public right of the villagers to discharge water through the 'nala'. The learned Magistrate thereupon proceeded to make an enquiry under Section 139A of the Criminal P. C. and after such enquiry he was not satisfied that there was any reliable evidence in support of the denial by the second party as to the existence of a public right of the villagers in the 'nala'. He forthwith passed a...
Tag this Judgment!Harchura Tea Estate Vs. Labour Appellate Tribunal of India
Court: Kolkata
Decided on: Mar-13-1959
Reported in: AIR1959Cal650,(1961)ILLJ174Cal
ORDERP.B. Mukharji, J.1. This is an application by Messrs Williamson Magor and Co., Ltd. the Managing Agents of the Harchura Tea Estate, under Article 226 of the Constitution. It relates to an industrial dispute between the Company's workers and the Management. It seeks for a Writ of Certiorari to quash and set aside the decision of the Labour Appellate Tribunal of India dated 24-4-1956, allowing the appeal from the Industrial Tribunal and setting aside the order of dismissal and directing reinstatement of four workers.2. The important questions canvassed on this application are the applicability of the Evidence Act, its strict rules of technicality, proof and onus to the procedure before the Industrial Tribunal and the validity of the assumption of jurisdiction by the Labour Appellate Tribunal under Section 7(1)(a) of the Industrial Disputes (Appellate Tribunal) Act.3. The four workers who were dismissed are the present respondents Ganpat, Sugan, Teteng and Lalit. The Industrial Tribu...
Tag this Judgment!Nathmull Tolaram Vs. Killa and Co.
Court: Kolkata
Decided on: Mar-11-1959
Reported in: AIR1961Cal65
H.K. Bose, J. 1. This is an application for determination of the validity of an award dated 13-2-1958 and for declaration that the award is null and void and also for setting aside of the said award.2. The petitioner's case is that it had various dealings and transactions with the respondents and in respect of certain dealings disputes and differences arose between the parties. By an agreement dated 16-12-1957, the petitioner and the respondent referred all their disputes and differences to the arbitration of two named arbitrators, namely, Sri Kishorilal Dhandhania and Sri Madanlal Pandya. The said agreement was submitted to the arbitrators on the very next day but the arbitrators did not call upon the parties to submit any statement before them and no meeting was called nor any reference was held by the arbitrators during the whole of January 1958. In or about 1-2-1958, the petitioner received a notice from the arbitrators which did not bear any date but which intimated that a meeting...
Tag this Judgment!Agarwalla Air Transport Vs. Md. Nasratulla and anr.
Court: Kolkata
Decided on: Mar-11-1959
Reported in: AIR1959Cal755
S.K. Sen, J.1. This second appeal is by the defendant viz. Messrs. Agarwalla Air Transport. The plaintiff Md. Nasratulla who carries on business at Bharat Shoe Stores at Chawk Bazar, Darjeeling, instituted the suit for recovery of Rs. 1,850-8-0 as compensation on account of non-delivery of a parcel of leather goods consigned for carrying by Air to the defendant Company. This claim included Rs. 404/- claimed as interest and damages, while the value of the leather goods and freight paid came to Rs. 1,448-8-0, according to the case of the plaintiff.2. Defendant No. 1 company filed written statement and contested the suit, denying that the value of goods consigned to the defendant company for Air carriage from Calcutta to Darjeeling was Rs. 1,446-8-0 including the freight. According to the defendant company, the value could not exceed Rs. 200/-, and the consignment which weighed only 66 Ibs. could not possibly include leather goods worth Rs. 1,446-8-0 and the claim of the plaintiff was gro...
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