Kolkata Court May 1959 Judgments
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Alex. A. Apcar (Jr.) and Co. Vs. M.N. Gan and ors.
Court: Kolkata
Decided on: May-15-1959
Reported in: AIR1960Cal14,63CWN674
ORDERP.B. Mukharji, J. 1. This is an application by Dinesh Vrajlall described as the proprietor to Alex. A. Apcar (Junior) and Co. under Article 226 of the Constitution for a writ of certiorari challenging the decision of the Fourth Industrial Tribunal dated 1-6-1957. The point before the Industrial Tribunal was : 'Is the discharge of Sri Ram Sundar Mitra justified? To what relief is he entitled? The Industrial Tribunal came to the conclusion that the employee was discharged without notice with effect from May 24, 1956 and that such discharge amounted to retrenchment for which the discharged employee was entitled to compensation at the statutory rate. He, therefore, allowed him compensation under Section 25F of the Industrial Disputes Act by ordering (1) one month's notice pay at the rate last drawn; (2) four months' pay i.e. 15 days' average pay for each completed year of service; and (3) admitted dues on account of unpaid salary according to the Company's written statement, i.e. Rs. ...
Sanatan Daw Vs. Dasarathi Tah
Court: Kolkata
Decided on: May-15-1959
Reported in: AIR1959Cal677,1959CriLJ1310
N.K. Sen, J.1. This appeal is by special leave under Section 417, Sub-section (3) of the Code of Criminal Procedure against an order of acquittal passed by Sri S.K. Ganguli, Presidency Magistrate, Calcutta on 16-9-1949. The appellant, Sanatan Daw was the Director and Managing Partner of the Electric Supply Co. Ltd. of Burdwan. The Respondent, Dasarathi Tah was the Editor, Printer and Publisher of a weekly Bengali paper named 'Damodar' printed and published from Birhata, in the District of Burdwan. The appellant on 24-6-1957 filed a complaint before the Additional Chief Presidency Magistrate, Calcutta against the Respondent alleging that the Respondent had defamed the Appellant by publishing in his weekly paper 'Damodar' an editorial article on 15-4-1957. The learned Additional Chief Presidency Magistrate summoned the Respondent and the case then went to trial. On 20-10-1957, Sri J. C. Chakravartti, Presidency Magistrate, who was trying the case, after examining a number of witnesses, r...
In Re: Chanbali Steamer Service Co., Ltd. (In Liquidation)
Court: Kolkata
Decided on: May-11-1959
Reported in: AIR1959Cal646,[1960]30CompCas61(Cal),63CWN762
ORDERP.B. Mukharji, J.1. This is an application on a chamber summons taken out by Lloyds Bank Ltd., against the Liquidator, Chandbali Steamer Service Co. Ltd., (in Liquidation) for an order upon the Official Liquidator of the company to admit the claim of the petitioner as an ordinary creditor for the sum of Rs. 36,954.91 np, and for necessary amendment of the list of creditors already settled by this court.2. An interesting point of limitation of considerable importance is raised by the Liquidator on this application. It is contended by the Official Liquidator that the claim of the Lloyds Bank is already barred by limitation. If Lloyds Bank Ltd., were to institute a suit to enforce this claim today it will undoubtedly be barred by limitation. In such circumstances, the question is can the court direct the Liquidator to admit the claim. No Indian case has answered the point.3. The claim of the applicant Bank arises out of the moneys lent and advanced to the company on overdraft account...
Subodh K. Chatterjee Vs. Union of India (Uoi)
Court: Kolkata
Decided on: May-04-1959
Reported in: AIR1960Cal540
G.K. Mitter, J.1. This is an application for the amendment of a plaint tiled in the year 1951. The plaintiff Subodh Kumar Chatterjee filed this suit against the Union of India for recovery of Rs. 12500/- as damages for shortage of ground-nut oil booked by the plaintiff at Sealdah Station in December 1949 to Silchar in Assam. The plaintiff relies on a certificate of shortage issued by the Assam Railway on 18-6-1950. In paragraph 6 of the plaint the plaintiff states that 'notice under Section 77 of the Indian Railways Act, has been duly served by the plaintiff on the Company' meaning (East India Railway Administration) 'and the said Assam Railway at Calcutta within the jurisdiction'. In paragraph 7 the plaintiff states 'notice under Section 80 of the Code of Civil Procedure, has been duly given to the defendant' and in paragraph 8 'inasmuch as part of the cause of action herein arose in Calcutta within the jurisdiction aforesaid and pleaded in paragraph 6 hereof, the plaintiff craves for...
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