Kolkata Court May 1959 Judgments
Scottish Union and National Insurance Co. Vs. Sm. Saraswati Sajnani
Court: Kolkata
Decided on: May-30-1959
Reported in: AIR1960Cal22,63CWN800
ORDERMallick, J.1. This is an application for judgment upon award. The award was made on 7-7-1958, and the Insurance Company was directed to pay to the claimants the sum of Rs. 1 Lac being the amount of the claim and Rs. 10,000/- on account of costs. The claim was very much contested in the arbitration proceedings and was argued by very eminent counsel. The costs incurred by the parties in consequence were heavy. The company made an application for setting aside the award. The application was heard by me. After a very spirited fight the company lost the application and by my judgment dated 22-12-1958, I dismissed the application. The judgment on Award matter was on the list and I would have passed judgment on the award hut for the objection taken by the company that the claimant had not yet obtained Succession Certificate. The matter was thereupon adjourned to enable the claimants to obtain Succession Certificate. Such a Succession Certificate has now been obtained and filed in Court a...
Tag this Judgment!Mani Bhusan Malik Vs. Pioneer Bank Ltd. (In Liquidation)
Court: Kolkata
Decided on: May-28-1959
Reported in: AIR1959Cal746,[1960]30CompCas473(Cal)
Das Gupta, C. J. 1. The appellant, opened an overdraft account with the plaintiff bank, the Pioneer Bank Ltd., which is now in liquidation, at its Benaras branch on 19-8-1947. Prior to this he had already a current account with the bank. Before the overdraft account was opened the plaintiff bank had received from the appellant's father-in-law, Sibakali Sarkar, a letter by which the latter requested the bank to make an overdraft arrangement 'unto the limit of Rs. 5,000/- (Rupees five thousand) only' with this appellant. In this letter Sibakali Sarkar further said, 'I hereby allow you lien up to the said amount of Rs. 5,000/- (Rs. Five thousand) only on my fixed deposit of Rs. 5,5,00/- with you (under your F/D Receipt No. B/286). Yon shall be entitled to adjust the said overdraft allowed to Mr. Moni Bhusan Mallick in his said O/D A/c with you upto the said limit of Rs. 5,000 from my said fixed deposit amount with you.' The bank stopped payment sometime in October 1948. Before that date t...
Tag this Judgment!Satya Charan Das and ors. Vs. Hrishikesh Karar and ors.
Court: Kolkata
Decided on: May-25-1959
Reported in: AIR1959Cal795,63CWN615
B.N. Banerjee, J.1. This appeal is directed against an appellate decree, affirming the decree passed by a learned Munsif.2. The appeal arises out of a suit for partition. According to the plaintiff, the property in suit, at one time, belonged to one Radhikalal Das. Radhika died. it was alleged, leaving a Will, executed on May 15, 1893. Under the terms of the Will Radhika's two widows, Nityakali and Chamatkarini, together were to nave life interest in the property in dispute. After their demise, Benimadhab, the sister's husband of Radhika, or failing him Nistarini, the sister of Radhika. were to have the disputed property and failing them the disputed property was bequeathed to Fakir and Sarat daughter's sons of Benimadhab and Nistarini.3. Nityakali, Benimadhab and Nistarini predeceased Radhika's widow Chamatkarini. who died as late as in the year 1350 B. S. (1943-44). On the death of Chamatkarini, therefore. Fakir and Sarat got the disputed property. Fakir died in year 1356 B. S. (1949...
Tag this Judgment!Anath Nath De Vs. Sm. Lajjabati Devi
Court: Kolkata
Decided on: May-22-1959
Reported in: AIR1959Cal778
ORDERS. Datta, J.1. On the 8th September 1955 the petitioner Anath Nath De filed this petition under the Hindu Marriage Act of 1955 for a declaration that his marriage with the respondent Lajjabati Devi is null and void. In the petition the uncle and two brothers of Lajjabati Devi are impleaded as defendants.2. The undisputed facts leading to this unfortunate litigation is as follows: Sometime in January 1955 negotiations for marriage between the parties were opened through a match-maker. At the end of December 1954 or on the 1st or 2nd of January 1955 the terms as to the marriage regarding cash dowry and other things were settled. The petitioner was represented by his mother and his elder brother. The respondent was represented by her mother and her brothers.3. On 6-2-1955 the Ashirvad ceremony took place at the house of the respondents. In that ceremony the maternal uncle and the elder brother of the petitioner were present.4. On 13-2-1955 the marriage was solemnised. On the 20th Feb...
Tag this Judgment!Daulatram Rawatmal Vs. Income-tax Officer and anr.
Court: Kolkata
Decided on: May-21-1959
Reported in: AIR1959Cal682,63CWN788,[1960]38ITR301(Cal)
ORDERD.N. Sinha, J. 1. The facts in this case are shortly as follows : For many years the petitioner's firm 'Daulatram Rawatmal (hereinafter referred to as the 'firm') has been carrying on business at No. 178, Harrison Road. Calcutta. For the assessment years 1940-41 to 1945-46 the firm has been assessed in normal course and has paid the amount found due. On or about 30th November, 1954 the case of the petitioner firm was transferred under Section 5 (7A) of the Indian Income-tax Act to the Income-tax Officer, Central Circle VI, Calcutta, being respondent No. 1 in this application. On or about 21st March, 1956 the respondent No. 1 issued notice under Section 34 (1A) of the Indian Income-tax Act for the assessment years 1940-41 to 1945-46 upon the partners of the said firm, on the ground that the said Income-tax Officer had reasons to believe that the income, profits or gains assessable to income tax for several years mentioned in the said notices have partly or wholly escaped assessment...
Tag this Judgment!Sonar Bangla Bank Ltd. Vs. Calcutta Engineering College and ors.
Court: Kolkata
Decided on: May-20-1959
Reported in: AIR1960Cal409
P.B. Mukharji, J.1. This is a short liquidated claim in a banking company suit. It was instituted by the Sonar Bangla Bank Ltd. (in liquidation) through the Court Liquidator as the plaintiff. There are four defendants. The first defendant is the Calcutta Engineering College, a society registered under the Societies Registration Act. The second defendant is N.C. Chaudhuri, its Principal and Secretary of its governing body. The third defendant is Kalikata Shilpa Vidyapith, a society registered under the Societies Registration Act and having the same address as the first registered society defendant, namely, the Calcutta Engineering College. The fourth defendant is P.B. Ghose, the Principal Secretary of the Kalikata Shilpa Vidyapith, both for self as well as representing the said registered society.2. It is a simple suit on mortgage. The decree sought for is a mortgage decree under Order 34, Rule 4 of the Code of Civil Procedure for the sum of Rs. 69,135-0-3. The mortgage on which the sui...
Tag this Judgment!In Re: Mahalaxmi Cotton Mills Ltd. (In Liquidation)
Court: Kolkata
Decided on: May-19-1959
Reported in: AIR1960Cal199,[1960]30CompCas107(Cal),64CWN31,(1960)ILLJ468Cal
ORDERP.B. Mukherji, J. 1. This is an application by the liquidator raisins the important point of his liability to pay the employer's contribution of the Provident Fund under the Employees' Provident Funds Act, 1953 and particularly under Rule 29 of the Employees' Provident Fund Scheme. 2. Rule 29 provides as follows :''(i) The contributions payable by the employer under the scheme shall be at the rate of one anna in the rupee of the basic wages and the dearness allowance payable to each employee to whom the scheme applies. (ii) The contribution payable by the employee under, the scheme shall be equal to the contribution payable by the employer in respect of such employee.' 3. It is contended on behalf of the liquidator that the liquidator is not liable under the Act to make this contribution. 4. The factory in this case is a Cotton Mill. It was being run by the company Mahaluxmi Cotton Mills Ltd,, which went into liquidation on 10-1-1955. Mr. P.K. Pal was appointed Official Liquidato...
Tag this Judgment!Kamal Brothers and ors. Vs. Hansraj Kapur
Court: Kolkata
Decided on: May-19-1959
Reported in: AIR1959Cal583
ORDERP.C. Mallick, J.1. This is an application for an order restraining the respondent Sreechand Agarwalla his servants or agents from proceeding with Suit No. 398 of 1958 filed in the City Civil Court. The application is made by Hansraj Kapur and is instituted In the Matter of the Arbitration Act and In the Matter of Arbitration Agreement dated April 19, 1951 (Sreechand Agarwalla v. Hansraj Kapur). The arbitration clause is to be found in a partnership agreement dated April 19, 1951 a copy of which is annexed to the affidavit of Jitesh Chandra Sanyal. The parties to the agreement are the parties to this proceeding,2. Clause 2 o the Partnership Deed indicates that Kamal Bros, the new partnership will be carried on at No. 13, Manohardas Street in which the respondent Agarwalla was already carrying on his own business.3. Clause 12 provides that the goodwill of the firm will always belong to Kapur the petitioner.4. Clause 14 is the arbitration clause and reads as follows :'Any dispute reg...
Tag this Judgment!E. Griffiths Hughes Ltd. Vs. Vick Chemical Co.
Court: Kolkata
Decided on: May-19-1959
Reported in: AIR1959Cal654
Bose, J.1. This appeal is from the decision of the Deputy Registrar of Trade Marks, Calcutta, and raises primarily the question of construction of Section 6 of the Trade Marks Act, 1940.2. On 22nd October, 1945 the appellant, a British Company carrying on the business of Manufacturing Chemists, applied before the Registrar of Trade Marks, Calcutta, for registration of a trade mark consisting of the words 'Karsote Vapour Rub' represented in special type and the words 'Protective comforting. Germ Killing' in smaller type, inside a black rectangular border, for a chemical product specified as a vaporising ointment. This Mark was advertised as accepted in the Trade Marks Journal of January 1949.3. On 2nd May, 1947 the respondent, an American Company, also applied before the Registrar of Trade Marks, Calcutta, for registration of a trade mark consisting of the word 'Vapo Rub' for goods specified as 'Pharmaceutical preparations'. This mark was however advertised as accepted a month earlier i...
Tag this Judgment!Abdul Razaak Vs. MashiruddIn Ahmed
Court: Kolkata
Decided on: May-19-1959
Reported in: AIR1959Cal660,63CWN766
P.N. Mookerjee, J.1. This is a short appeal, arising out of a suit for dissolution of partnership and accounts. Briefly stated, the relevant facts are these:2. On 7th Pous, 1356 B. S. corresponding to December, 22, 1949, the parties before us, who were the plaintiff and the defendant in the court below, entered into a partnership under an agreement, which is Ext. 1 in the case. At the time of entering into that partnership, the parties had already entered into a contract with the Government for supply of 35 lacs of bricks. Predominantly for the purpose of that supply, the partnership was entered into, but there are certain indications in the deed (Ext. 1) itself, under which inter alia the plaintiff had 10 annas share and the defendant 6 annas share in the partnership business, that other works might be undertaken by the parties under and during the continuance of that partnership and there was also no specific term that the said partnership would come to an end on the completion of th...
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