Kolkata Court June 1959 Judgments
Dhana Krishna Adhikari and anr. Vs. Sixth Industrial Tribunal, West Be ...
Court: Kolkata
Decided on: Jun-26-1959
Reported in: AIR1960Cal225
ORDERP.B. Mukharji, J.1. The conclusions of the Sixth Industrial Tribunal on three specific issues are challenged by the petitioners in this case under Article 220 of the Constitution. The Tribunal gave its award on 22-2-1957 on as many as seven different issues referred to it by the Government order dated 5-9-1956. No complaint is made in this application on the first four issues as determined by the Tribunal.2. The three issues upon which the Tribunal's decision is attacked on this application are (1) the Pujah Bonus; (2) the amendments of the Standing Orders and (3) whether the workers of the dyeing section are entitled to any relief for the transfer of the dyeing section and it they are entitled to the same terms of employment under the lease holder.3. On the first point of bonus, it will be useful at the outset to state the findings of the Tribunal. The Union claimed bonus as one of the conditions of service of the workers. The petitioners case was that bonus was granted out of bo...
Tag this Judgment!Ferro Alloys Corporation Ltd. Vs. A.K. Ghosh and Bros.
Court: Kolkata
Decided on: Jun-26-1959
Reported in: AIR1960Cal421
ORDERP.C. Mullick, J.1. This is an application for an order that a judgment upon award passed by me on 6-1-1959 be set aside and that the award be taken off the file.2. Subject matter of dispute between the parties is the claim of the contractor for the construction of certain residential buildings at Garividi. The respondent is the contractor. One D.B. Sen, Architect, is named as the arbitrator in the contract who would adjudicate whatever disputes that might arise between the parties with respect to this contract. The contractor's claim for the construction work having been disputed, sometime in July, 1958 the contractor referred the dispute to the arbitration of the said D.B. Sen. The company contended that D.B. Sen was not competent to arbitrate on the ground that he was financially interested in the matter. Nevertheless the company filed a Written Statement but took no further step in the arbitration proceedings even though due notice was given by the arbitrator of all meetings he...
Tag this Judgment!Chandra Nath Ghosh and ors. Vs. Rajani Kanta Ghosh and anr.
Court: Kolkata
Decided on: Jun-24-1959
Reported in: AIR1960Cal85
P.N. Mookerjee, J.1. This is the defendants' appeal arising out of a suit on mortgage which was valued at Rupees 9,287-11 as. The suit was filed sometime in the year 1956 and it was registered as Title Suit No. 129 of 1956 of the Court of the 9th Subordinate Judge at Alipore, 24-Parganas. The suit was decreed in part by the trial court by its judgment, dated November 29, 1957, the decree being actually signed on January 9, 1958. On April 3, 1958, the present appeal was filed in this Court by the defendants for relief to the extent of Rs. 800/-only and the appeal was valued at that figure, namely, Rs. 800/-.2. The plaintiff respondent, after entering appearance, took a preliminary objection to the maintainability of the appeal in this Court under and in view of West Bengal Act XVI of 1957 (which had come into force on January 1, 1958), whereupon it was directed to be heard on that point and it was actually so heard by us on May 13, 1959. Several other appeals also came up for hearing on...
Tag this Judgment!Probodh Chandra Jha Vs. Director of Public Instruction and ors.
Court: Kolkata
Decided on: Jun-22-1959
Reported in: AIR1960Cal306
ORDERR.S. Bachawat, J.1.The petitioner asks for an appropriate writ quashing an order of his discharge from service. On July 22, 1954 he was appointed to act as a Sub-inspector of Schools, Ratua, Dist. Malda, on a purely temporary basis with effect from the date on which he would join his appointment vice Phanindra Kishore Ganguly promoted or until further orders. As required by the Order of appointment, be furnished character certificates and an affidavit stating that he had never taken part in any criminal or subversive activities. By letters dated 3-11-1955 and 18-11-1955 the Deputy Inspector-General of police reported to the Director of Public Instructions that the petitioner was considered unsuitable for employment and that he was connected with the subversive organisation. Apparently, acting upon this report, the Director of Public Instructions on 28-11-1955 passed an order terminating the services of the petitioner. The order dated 28-11-1955 stated that the petitioner was not c...
Tag this Judgment!Deluxe Film Distributors Ltd. Vs. Sukumar Kumar
Court: Kolkata
Decided on: Jun-19-1959
Reported in: AIR1960Cal206
ORDERP.C. Mallick, J. 1. This is an application for stayunder Section 34 of the Indian Arbitration Act. Theapplication is resisted on two grounds -- (i) theapplicant has taken steps in the proceedings and(ii) that the contract containing the arbitrationclause has been modified by subsequent agreementsto such extent that the arbitration clauses have become ineffective and that the arbitration agreement does not cover the disputes raised in thesuit. 2. The suit is for the recovery of the sum of Rs. 2,43,804/13/4. The claim is under a contract for the distribution of a cinematograph film.The plaintiff is the Producer and the defendantNo. 1 is the Distributor. The film proved to bevery successful and had a long run in a largenumber of cinema houses. It is said that the boxoffice receipt was very heavy. After giving creditfor Rs. 10.000/- paid by the defendant No. 1 tothe plaintiff there was due and owing to the plaintiff a large sum as claimed in the plaint. Thedefendant by his-solicitor's...
Tag this Judgment!Brahmo Samaj Education Society and Ors. Vs. West Bengal College Employ ...
Court: Kolkata
Decided on: Jun-19-1959
Reported in: (1960)ILLJ472Cal
Sinha, J.1. There are before me in this application four petitioners. The petitioner 113 the Brahmo Samaj Education Society, a society registered under the Societies Registration Act. The petitioner 2 is the secretary of the said society. The petitioner 3 is the City College (General) situated at 102/1, Amherst Street, Calcutta, and the petitioner 4 is the City College (Commerce) situated at 13, Mirzapur Street, now 13 Surya Sen Street, Calcutta, On 22 August 1958 the Government of West Bengal, in exercise of powers conferred upon it by Section 10 of the Industrial Disputes Act, 1947 referred an industrial dispute, alleged to exist between the colleges named in the list attached to the order of reference and their non-teaching staff represented by West Bengal College Employees' Association, relating to the issues mentioned therein. The colleges mentioned were the City College (General) and the City College (Commerce) being the petitioners 3 and 4. The disputes that were referred for ad...
Tag this Judgment!Ratan Kumari Tholia Vs. Sunder Lal Tholia and ors.
Court: Kolkata
Decided on: Jun-17-1959
Reported in: AIR1959Cal787
P.C. Mallick, J.1. This is a suit for partition of properties belonging to a Mitakshara Coparcenary. The plaintiffs husband was a member of this coparcenary. The husband died in 1944. By an order passed by G. K. Mitter, J. the two following issues were set down for trial as preliminary issues.1. (a) (i) Has the plaintiff any share to the immovable properties? (ii) Has the plaintiff any share in the movable properties? (b) If so, what is the nature and extent of such share? 2. Has the plaintiff any right to claim maintenance? If so, out of what estate? 2. Mr. Choudhury appearing for the plaintiff suggested that the hearing of the second issue be deterred and the first issue be decided first. Mr. Deb appearing for the defendants suggested that over and above the two above issues, let a third issue be framed and tried as to whether the court has jurisdiction to try this suit. Ultimately it was agreed by the parties that the issue No. 1 be tried first and the second issue as also the issue...
Tag this Judgment!Sri Provash Chandra Sett and ors. Vs. Gouripore Electric Supply Co. Lt ...
Court: Kolkata
Decided on: Jun-16-1959
Reported in: AIR1960Cal311
ORDERR.S. Bachawat, J.1. In this Rule the petitioners ask for an appropriate Writ quashing an order dated 29th July 1956 made by the State of West Bengal under Section 51 of the Indian Electricity Act.2. The petitioner Lily Biscuit Company (Private) Limited is the owner of c. s. plots Nos. 901 and 902 appertaining to c. s. khatians Nos. 304 and 305 of mouza Balagarh, Police Station Chinsurah in the Sadar Subdivision of District Hooghly. The petitioners Provash Chandra Sett and Bivash Chandra Sett are directors of Lily Biscuit Company (Private) Limited. The respondent No. 1 Gourepore Electric Supply Company Limited is a licensee within the meaning of Section 2(h) of the Indian Electricity Act. It was necessary for the supply company to draw 33 K. V. transmission lines from the North Calcutta Grid Sub-Station at Naihati up to their power station at Gorifa, 24-Paraganas for receiving bulk supply from the said North Calcutta Sub-Station. The proposed transmission line involved numerous plo...
Tag this Judgment!Gostho Behari Sadhukhan and anr. Vs. Omiyo Prosad Mullick and ors.
Court: Kolkata
Decided on: Jun-16-1959
Reported in: AIR1960Cal361
Das Gupta, C.J. 1. This appeal from a judgment of Bachawat, J., by which he dismissed the appellants' suit for specific performance of an agreement for lease of premises No. 219, Cornwallis Street, Calcutta and gave a decree for the refund of the sum of Rs. 7,201/-from the first three defendants, raises several questions of law of which two are particularly important and interesting. One of these is the question as to how far the provisions of Section 110 of the Transfer of Property Act that if no particular date of commencement of the lease is mentioned in the document creating the lease, the date of execution of the document should be the date of commencement of the lease, can be taken into consideration in arriving at a conclusion, where an agreement for lease mentions no date of commencement of the lease, whether any date of commencement has by implication been agreed upon. The other question is : How far delay in the plaintiffs' institution of the suit for specific performance wil...
Tag this Judgment!Nihal Chand Agarwalla and ors. Vs. S. Venkatesan and anr.
Court: Kolkata
Decided on: Jun-11-1959
Reported in: AIR1960Cal413
ORDERD.N. Sinha, J. 1. The facts in this case are shortly as follows : The petitioners in this case carried on business in co-partnership under the name and style of 'Keshrichand Nihalchand'. The firm inter alia arried on business in importing betelnuts from theeastern countries. On 19-3-1957 an import licence was granted to the petitioners' firm for importing betelnuts worth Rs. 24,863/- from a soft currency area. The period of the said licence was January-June, 1957. On the strength of the licence, the said firm entered into an agreement with T. N. Sharma Ltd., of Penang, for supply of 80 bags of betelnuts. Pursuant to the said agreement, the said T. N. Sharma Ltd., sent 80 bags of betelnuts weighing 134.40, piculs, of the total value of Rs. 10,322.52 np. and the same were shipped by the steamer S.S. Noreverett. On or about 9-5-1957 the petitioners' firm received a copy of the invoice from the snipper and on 11-5-1957 they received a certificate of origin. The said steamer was expect...
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