Kolkata Court July 1959 Judgments
Suwalal JaIn Vs. Clive Mills Co. Ltd.
Court: Kolkata
Decided on: Jul-31-1959
Reported in: AIR1960Cal90
Bachawat, J.1. This appeal is from a judgment of P. B. Mukharji, J. dismissing an application to adjudge and declare the contract dated 17-8-1954 to be illegal and invalid and to decide an award of the Bengal Chamber of Commerce. By the contract dated 17-8-1954 the appellant agreed to sell and the respondent agreed to buy raw jute. The contract contains the usual arbitration clause which is as follows:'14. Arbitration -- All matters, questions, disputes, differences and/or claims arising out of and/ or concerning and/or in connection with and/or in consequence of or relating to this contract including matters relating to insurance and demurrage whether or not the obligations of either or both parties under this contract be subsisting at the time of such dispute and whether or not this contract has been terminated or purported to be terminated or completed shall be referred to the arbitration of the Bengal Chamber of Commerce and Industry under the rules of its Tribunal of Arbitration f...
Tag this Judgment!Gobinda Prosad Dawn and anr. Vs. Rajani Kanta Dawn and anr.
Court: Kolkata
Decided on: Jul-31-1959
Reported in: AIR1960Cal512,63CWN981
Bhattacharya, J. 1. This appeal has abated as the legal representatives of respondent No, 1, Rajani, who died about two years ago were not brought on record. Respondent No. 2 Sasthipada who filed a cross-objection claims that although the appeal has abated he has the right to have his cross-objection heard, even if the heirs of respondent No. 1 are not on record. 2. The appeal arose out of a suit for declaration of plaintiff-respondents' title to some lands and for recovery of khas possession thereof on removal of obstacles. The trial court had decreed the suit on contest in part. The learned Subordinate Judge who heard the appeal remanded the case to the trial court for a fresh local investigation in regard to the c.s. plot in question. The further direction was as follows: 'The suit thereafter should be tried on the issues already raised. It may be noted that the correctness of the settlement record and the plan as found by the learned munsif has been affirmed by this court and that ...
Tag this Judgment!Jahar Lal Chandra and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-30-1959
Reported in: AIR1960Cal58,1960CriLJ59
ORDERS.N. Guha Ray, J. 1. This petition by Jahar Lal Chandra, Benoy Kumar Chandra and Bejoy Kumar Chandra who were summoned under Section 342 and 384 of the Indian Penal Code by the Magistrate on the orders of the Sessions Judge for further enquiry under Section 436 of the Cr. P. C. is directed against the order of the learned Sessions Judge and also the order passed by the learned Magistrate on the basis of the order of the learned Sessions Judge. The facts briefly are that Rabindra. the opposite party No. 2 filed before the Magistrate at Sealdah on 30-10-1958, a complaint against four persons, the present three petitioners and another Jagadanonda Chandra alleging that he was the Cashier of the firm of Messrs. P. C. Chandra of which the three petitioners and their brother, Jagadanan-da were the proprietors and that as such on 17-7-1958 he as usual at the end of the day's work made over the entire cash balance including a sum of Rs. 3,000/- to Jahar Lal at about 9-30 or 10 P.M., that o...
Tag this Judgment!K.C. Das and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-30-1959
Reported in: AIR1960Cal408,(1960)IILLJ505Cal
ORDERP.B. Mukharji, J.1., This is an application by fourteen persons who called themselves Labour Contractors, In fact, they were Labour Indentors. They make this application under Article 226 of the Constitution for the writs of mandamus and certiorari to set aside an order of reference dated July 24, 1958, made by the Government under Section 10 of the Industrial Disputes Act as between them and the workmen employed by them represented by the United Contractors' Workers Union and the Thikadar Mazdoor Congress.2. These Labour Indentors recruited Labour for working in the two Companies, namely, the Indian Iron and 'Steel Co. Ltd., and the Indian Standard Wagon Co., at Burnpore and Kulti. The contract of employment or of service of these workmen is with these Labour Indentors and not with those two Companies. The petitioners employ this labour. They discharge this labour. They pay this labour. They also maintain a register of their employment.3. The important ground on which the order o...
Tag this Judgment!Juggilal Kamlapat Vs. Sew Chand Bagree
Court: Kolkata
Decided on: Jul-30-1959
Reported in: AIR1960Cal463
ORDERG.K. Mitter, J.1. This is an application in execution of a decree on an award made by the Bengal Chamber of Commerce dated Tune 14, 1950 on a dispute between Juggilal Kamlapat, the award holders, and Sew Chand Bagree, against whom the award was made. The decree was pased on Mav 28, 1951 for a total sum of over Rs. 31,000/-. The application is one under Order 21 Rule 50(2) of the Code of Civil Procedure to execute the decree against Manik Chand Bagree, Moti Chand Bagree and Jankidas Eagree as partners of the firm of Sew Chand Bagree.2. The award was given in respect of a con-tract entered into between Sew Chand Bagree andJuggilal Kamlapat on September 25, 1948. The application is being opposed by Manik Chand Bagree and Moti Chand Bagree whose case is that the firm of Sew Chand Bagree was dissolved in October 1945 by mutual consent of its partners and that thereafter their brother Jankidas Bagree started a new business in the name of Sew Chand Bagree with which they the other brothe...
Tag this Judgment!Gobind Ram Tilokchand Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-28-1959
Reported in: AIR1960Cal400
P.N. Mookerjee, J.1. This is the plaintiff's appeal arising out of a suit for recovery of a sum of Rs. 6073-11-9 pies on account of compensation for alleged non-delivery of six bales of cotton yarn out of eight bales, delivered to the Railway respondents, who were defendants in the Court below and who were represented there, as also in this Court, by the Union of India, for carriage to and delivery at the destination station. The suit arose, inter alia under the following circumstances and on the following allegations:2. That a consignment of 8 bales of cotton has been booked and made over to the respondent No. 1, Railway, at Udumalpet for carriage to and delivery at Shalimar. The plaintiff claimed to be the endorsed consignee for valuable consideration, of the said consignment by, inter alia, as it turned out in evidence appropriate endorsement of the relative Railway Receipt. Of the 8 bales, however, only two were delivered on 18th April, 1951, to the plaintiff's man at Shalimar and ...
Tag this Judgment!Bhusan Jana and anr. Vs. Bhuban Chandra Bera
Court: Kolkata
Decided on: Jul-28-1959
Reported in: AIR1959Cal758,63CWN905
Guha, J. 1. This revisional application at the instance ofthe bargadars petitioners is directed against anorder dated 11-11-1957 of the Appellate Officer,Contai dismissing an appeal preferred against thedecision of a Bhagchas Conciliation Board. 2. The only point that has been canvassed before us is whether the award of the Board as well as that of the Appellate Officer were without jurisdiction. It appears that the award was made by only two members of the Bhagchas Board, namely, the Chairman and another member. It has been argued on behalf of the petitioners that as under Section 6(2) of the West Bengal Bargadars Act, 1950 each Bhagchas Board has to consist of a Chairman and tour other members, two of whom shall be representatives of Bargadars the other two representatives of owners of lands, any dispute between a Bargadar and an owner whose land the bargadar cultivates has to be decided by a Bhagchas Board as constituted under Section 6 and the award by two members only of the Board...
Tag this Judgment!In Re: Girish Bank Ltd. (In Liquidation)
Court: Kolkata
Decided on: Jul-27-1959
Reported in: AIR1959Cal762
Bose, J.1. In this case two questions arising out of a proceeding for settlement of the list pi creditors in the winding up of a Banking Company known as Girish Bank Ltd. have been referred under Chapter V, Rule 2 of the Original Side Rules of this Court for decision by a Special Bench.2. The two questions which have been referred are as follows:(1) Are the Pakisthan creditors that is to say, creditors of the branches at Pakisthan, entitled to prove their claims and participate in the distribution of assets of the banks (in liquidation) in the Indian Union? (2) Whether drafts issued by Pakisthan branches on the head office in the Indian Union, not accepted by head office in respect of which no advice has been received, are payable out of the assets of the banks in the Indian Union? 3. It appears that this Girish Bank Ltd. was incorporated as a Banking Company under the Indian Companies Act having its registered office at No. 21/A Canning Street, Calcutta. The Bank has 23 branches of wh...
Tag this Judgment!Jatindra Nath Set Vs. Jadavpur University and ors.
Court: Kolkata
Decided on: Jul-23-1959
Reported in: AIR1960Cal120,63CWN915
ORDERP.B. Mukharji, J. 1. This is an application by Jatindra Nath Set, who is a life member of the National Council of Education, against the Jadavpur University, the Secretary, National Council of Education and the State of West Bengal. The application is made under Article 226 of the Constitution for a writ of mandamus directing the Jadavpur University and the State of West Bengal to forbear from taking over the management and maintenance of any institution under the control of the National Council of Education or from taking over any assets covered by any deed of gift, endowment, bequest or trust in favour of such National Council of Education. 2. The National Council of Education conjures up the memory of a chapter in the history of national education in India during the period of her struggle for emancipation against foreign rule. It was founded by men inspired by partiotism and national ideals as early as 1906. The object was to impart education, literal, scientific as well as te...
Tag this Judgment!Sm. Jyotirmoyee Bose Vs. Birendra Nath Prodhan and ors.
Court: Kolkata
Decided on: Jul-22-1959
Reported in: AIR1960Cal263,1960CriLJ468
N.K. Sen, J.1. This Rule is directed against an order of acquittal passed by Shri S.K. Ghosh, Magistrate 1st Class, Alipur, on the 26th November, 1957 under Section 251-A (11) of the Code of Criminal Procedure. The main argument in support of this Rule is that the learned Magistrate, having framed a charge, should have exhausted all processes for attendance of witnesses in proof of the charges.2. In order to understand this argument it is necessary to set out certain dates. On the 14th of January, 1955 a complaint was filed before the Sub-Divisional Magistrate, Alipore, against the opposite parties alleging offences under Sections 143 and 379 of the Indian Penal Code. Upon this the learned Sub-Divisional Magistrate ordered the police of Joynagar police station to take cognisance and to treat the petition of complaint as the 'First Information Report' in the case. Thereafter following an investigation a charge-sheet was filed on the 28th March,1955 against the opposite parties under Sec...
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