Kolkata Court August 1959 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Brahma Panda and anr. Vs. Chairman of Howrah Municipality
Court: Kolkata
Decided on: Aug-19-1959
Reported in: AIR1961Cal648,1961CriLJ762
D.N. Das Gupta, J.1. This is a revisional petition for quashing the proceedings in case No. 519-C of 1957 pending in the court of Sri S. N. Das Gupta, Magistrate of the first class, Howrah.2. On a complaint made by the Municipality of Howrah on the 5th November, 1957, alleging that the present petitioners had violated the provisions under Section 448 of the Calcutta Municipal Act of 1923 as extended to the Municipality of Howrah read with Rule 22 schedule 17 summons was issued against the petitioners. On the 12th December, 1957, summons was returned after service. But the accused were absent. Then warrant of arrest was issued on the 27th December, 1957, with bail of Rs. 500/- but the petitioners could not be arrested. Subsequently warrant of arrest was taken to the house of the petitioners on the 28th/29th July, 1958, at night when one Dinonath Tewari stood surety for the petitioners who had earlier left for their native village. On the 5th August, 1958, the surety appeared by a lawyer...
The State Vs. Sovarani Ghose
Court: Kolkata
Decided on: Aug-18-1959
Reported in: AIR1960Cal344,1960CriLJ815
N.K. Sen, J. 1. This Rule has arisen in rather unusual circumstances and is directed upon the District Magistrate of Midnapore and on the accused opposite party Sovarani Ghose to show cause why the order of acquittal passed by the learned Additional Sessions Judge of Midnapore on 24-3-1958, in Sessions Trial Case No. 8 of November, 1957, should not be set aside and a retrial ordered.2. Sovarani Ghose, the opposite party, was on her trial before the Judge and a Jury consisting of seven persons on a charge under Section 302 of the Indian Penal Code. The trial proceeded from day today from 10-3-1958, until 14-3-1958, when the examination of the accused under Section 342 of the Code of Criminal Procedure was concluded. At that stage on behalf of the defence a petition was filed in court praying for the discharge of the present Jury on the ground of misconduct. The alleged misconduct was that one Bepin Behary Dutt, said to be an elder brother of Bijan Behary De for whose alleged murder the ...
Surendra Nath Bibra Vs. Stephen Court Ltd.
Court: Kolkata
Decided on: Aug-17-1959
Reported in: AIR1960Cal346,63CWN923
Banerjee, J.1. The petitioner is admittedly a lessee under the opposite party company, in respect of flat No. 17, in premises No. 18A, Park Street, Calcutta. The premises is also known as 'Stephen Court',2. The lease is evidenced by a registered instrument (Ex. 1), bearing the date April 30, 1956. Flat No. 17, according to the description gave in the said instrument of lease, consisted of three bed rooms, two bath rooms, one big verandah, one passage room, one pantry, one cooking room, one drawing room and one servant's room in the servants' quarter, in the first floor. The lease was for a period of twenty-one years and the contractual rent was Rs. 350/- per month.3. On December 17, 1956, the plaintiff opposite party instituted a suit in the court of Small Causes Calcutta, being Suit No. 5349 of 1956, against the defendant petitioner, claiming arrears of rent for the months of September to November, 3956. The claim was laid at Rs. 1050/- for arrears due and Rs. 21/- for interest on arr...
P.C. Sen Vs. Md. Salauddin
Court: Kolkata
Decided on: Aug-17-1959
Reported in: AIR1960Cal443
G.K. Mitter, J. 1. This is an application for final judgment in a suit for recovery of rent of a shop room by a Receiver appointed by this Court. The only objection taken is that the Court has no jurisdiction to entertain it as the amount claimed is Rs. I,344/-.2. It was argued that in view of the deletion of Section 21 of the Presidency Small Cause Courts Act and the substitution of a new section in its place the jurisdiction of the High Court is taken away when the claim does not exceed Rs. 2,000/-.The old Section 21 provides as follows :'All suits to which an officer of the Small Cause Court is, as such, a party except suits in respect of property taken in execution of its process, or the proceeds or value thereof and all suits whereof the amount or value of the subject-matter exceeds Rs. I,OOO/- may be instituted in the High Court at the election of the plaintiff as if this Act had not been passed.'3. The above section was amended by Section 5 of West Bengal Act XVI of 1958. The am...
Fushraj Thanmull Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-17-1959
Reported in: AIR1960Cal458
A.N. Ray, J. 1. This is a suit for the recovery of Rs. 11,375/- being the value of 65 bales of Mesta Special Tops Jute, On or about 21 January, 1949, Messrs. Kodamull Nahata made over to the East Indian Railway at Dhuliangunge 65 bales of Mesta Special top for consigning same from Dhuliangunge to Cossipur Road as per contract contained in or evidenced by invoice No. 335 and Railway Receipt No. 10132 dated 21st January, 1949. In paragraph 3 of the plaint it is alleged that the Railway Receipt was endorsed and/or made over to the plaintiff at Calcutta within the jurisdiction aforesaid for valuable consideration. The plaintiff applied for the delivery of the goods but the goods were not delivered. The plaintiff alleges mat such non-delivery was due to the negligence or mis-conduct of the agents and servants of the East Indian Railway. 2. In the written statement it is denied that there was any negligence or misconduct on the part of the Railway Administration or that the Railway Administr...
Atul Chandra Sarkar Vs. East Bengal Commercial Bank Ltd. and anr.
Court: Kolkata
Decided on: Aug-14-1959
Reported in: AIR1960Cal309
G.K. Mitter, J.1. This is an appeal from a decree dismissing the plaintiff's suit on the preliminary ground that the suit is not maintainable.2. The first defendant herein, East Bengal Commercial Bank Ltd., obtained a decree in this Court against the plaintiff and the second defendant, Oriental Trading Syndicate, a partnership firm, on an overdraft account on 20-7-1948. The suit was filed on 21-2-1948 and was decreed ex parte. The plaintiff Atul Chandra Sarkar did not make an application for setting aside the said decree or prefer an appeal theretrom. He tiled this suit on 21-1-1949, claiming a declaration that the said decree of 20-7-1948 was void and of no effect and asked for setting aside the same. His allegations in the plaint are:(a) On 16-3-1946 an agreement was entered into by and between the Bank on the one hand and the plaintiff and the second defendant (hereinafter referred to as the firm) on the other whereby the Bank was to lend to the firm the sum of Rs. 5,000/-against th...
Narendra Nath Chakravarty Vs. Corporation of Calcutta and ors.
Court: Kolkata
Decided on: Aug-13-1959
Reported in: AIR1960Cal102,64CWN134
ORDERD.N. Sinha, J.1. The petitioner in this case is ratepayer and a registered voter of the Corporation of Calcutta in its constituency No. 50. The petitioner No. 2 is a councillor of the Corporation. The respondent No. 4, as the Secretary to the Corporation, issued and circulated among the members of the Corporation of Calcutta, agenda No. 12 in respect of a meeting, being the 9th ordinary meeting, to be held on the 19th June, 1959. The said agenda included a notice of a proposed resolution to be moved by a councillor, Sri Biman Behari Mitra, being item No. 15. A copy of the proposed resolution has been annexed to the petition and marked with the letter 'A'. A translation of the said resolution is set out below:'Every inhabitant of India is specially worried about the recent happenings in Kerala. It is highly regrettable that the Government of Kerala under the guise of public welfare has for the purposes of suppression of a peaceful mass movement, effected police firing on members of...
S. Mohd. Naim Mohd. Alam Vs. Rouraffic and Far Eastern Ltd.
Court: Kolkata
Decided on: Aug-13-1959
Reported in: AIR1960Cal146
Bose, J.1. This is an appeal from a judgment and order of P. B. Mukharji J. passed in a proceeding to enforce certain Foreign Awards under the provisions of the Arbitration (Protocol and Convention) Act, 1937.2. The appellant firm which carries on business at Calcutta, sold to the respondent company having its registered office and principal place of business at Plantation House, Mincing Lane, in the city of London, various quantities of reptile skins under eight several contracts entered into between June 1951 and February 1952 and bearing Nos. 789, 884, 909, 920, 921, 926, 938 and 947. Disputes and differences having arisen between the parties in July 1952 as to the quantity and quality of the goods supplied, the differences were referred to arbitration in terms of the arbitration clause contained in the contracts. The arbitration clause was as follows:'Failing amicable settlement any dispute arising out of this contract to be settled by arbitration in London in the usual manner. Arb...
Purnanando Patra Vs. Collector of Central Excise, Calcutta and anr.
Court: Kolkata
Decided on: Aug-13-1959
Reported in: AIR1960Cal314
ORDERH.K. Bose, J.1. This is an application under Article 226 of the Constitution for an appropriate Writ for cancellation of an order dated the 25th February 1958 terminating the employment of the petitioner as an Inspector of Central Excise and for directing the opposite parties to forbear from giving effect to that order.2. On 30th July 1946 the petitioner was appointed as a temporary Inspector in the Central Excise Collectorate, Calcutta, having its jurisdiction over West Bengal and Orissa. On 1st May 1951 the petitioner was allowed to cross the probationary stage in the prescribed time scale of pay with effect from 1st January 1950 and the petitioner was warned that if the petitioner failed to pass the departmental examination for Inspectors within the next permissible chances his increment in the time scale of pay would be stopped until further orders, and he would be liable to be discharged or reverted as the case might be. The prescribed time scale of pay at the time was Rs. 80...
Bank of Bihar Ltd. Vs. Tata Scob Dealers (Controlled Stock) Calcutta L ...
Court: Kolkata
Decided on: Aug-13-1959
Reported in: AIR1960Cal475
Das Gupta, C.J.1. This appeal is from a judgment of G. K. Milter, J. by which he decreed a suit brought by the respondent, Tata Scob Dealers (Controlled Stock) Calcutta Ltd., for the amount of its claim, namely, Rs. 3316-12-9 with interim interest at 6 per cent and also allowed interest on the amount decreed at 6 per cent and costs.2. On the 14th of May 1947 the respondent company sent to the appellant bank railway receipt and two bills in favour of Messrs. Champaran Hardware Stores at Raxaul and requested the Bank to collect the sum of Rs. 3616-12-9 as due under the bills from the firm and to remit the amount to them. The bank obtained payment of this sum from the firm and made over the railway receipt to them. It appears also that a draft for Rs. 300/- was sent by the bank to the pllaintiff company on the 4th of August 1947 and payment was duly received by the company for the same. The dispute is over the balance of Rs. 3316-12-9. The plaintiff's case is that this sum has not been pa...
- ‹ Prev
- 1
- 3
- Next ›
- Last »