Kolkata Court September 1959 Judgments
Caltex (India) Ltd. Vs. the Director, West Bengal Fire Services and or ...
Court: Kolkata
Decided on: Sep-24-1959
Reported in: AIR1960Cal219
ORDERD.N. Sinha, J.1. The petitioner in this application is a well-known Company which has installations at Circular Garden Reach Road, Paharpur Road, Calcutta and Budge Budge for the storage of petroleum, petroleum products and kerosene. In the aforesaid installations the petitioner company stores petroleum by virtue of licenses issued under the Petroleum Act (India Act XXX of 1934). The licenses in force on the relevant dates were as follows:(I) Paharpur installation-License No. Ben-197 d/- 28-2-48 and License No. Ben-1200 d/- 9-5-1939. .(II) Circular Garden Reach Road Installation-License No. Ben-1202 d/- ..... .... ... ..... ...(III) Budge Budge Installation-License No. Ben-182 d/- .. .. ... .. ... ... .. .. .. ...The Petroleum Act, 1934 was an Act passed by the Indian Legislature, which received the assent of the Governor General on 6-9-1934. It was brought into force on 30-3-1937 by a notification dated 23-3-1937. It is an Act to consolidate and amend the law relating to the impo...
Tag this Judgment!Lalchand Chowdhury Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Sep-23-1959
Reported in: AIR1960Cal270
S.P. Mitra, J.1. In this suit the plaintiff states that on the 7th May, 1948 at Ahmedabad Station, 11 bales of hard waste under three several Parcel Way bills valued at Rs. 9,180/- all belonging for the plaintiff were delivered to the Bombay Baroda and Central India Railway and were accepted by them for carriage, under a contract entered into by and between the Railway and the consignor thereof. The contract is evidenced by the Parcel Way bills. The plaintiff had purchased the goods for valuable consideration. The Parcel Way bills were endorsed in favour of the plaintiff. The plaintiff was at all material times, and still is, the true owner of all the goods and as the holder and endorsee of the Parcel Way bills is entitled to the benefits of the contract with the said Railway. The B.B. and C. I. Railway agreed to carry for reward these 11 bundles of hard waste from Ahmedabad Station on the said Railway to Manipur Road Station on the Assam Railway through the Great Indian Peninsular Rai...
Tag this Judgment!Kassim and Ismael (India) Ltd. Vs. Great Eastern Shipping Co. Ltd.
Court: Kolkata
Decided on: Sep-23-1959
Reported in: AIR1960Cal320
A.N. Ray, J. 1. This is a suit for the recovery of Rs. 3,122-9-3. The defendant is a carrier of goods by sea. The defendant accepted for carriage by sea under bill of lading No. 17 dated 22-11-1950, 28,710 Mds. i.e. 1,054 32/49 tons of crushed salt and agreed with the consignor of the said goods Messrs. Varasuki and Co. to carry the said goods from Tuticorin to Calcutta by S. S. Jagrani and to deliver the same to the holder of the bill of lading at Calcutta.2. On or about 2-12-1950 the said steamer arrived at the port of Calcutta. The relevant notice of readiness for discharge of the cargo was accepted by the plaintiff at 10 a.m. on 4-12-1950 and the time for discharge commenced to count from 10 a.m. on 5-12-1950 in accordance with the aforesaid bill of lading. Under the bill of lading the time allowed to discharge 1,734 1/4 tons i.e. the total quantity of salt carried by the said vessel from Tuticorin to Calcutta, calculated at the rate of 300 tons per 2 hatches per Weather Working Da...
Tag this Judgment!Sarkar Dutt Roy and Co. Vs. Shree Bank Ltd. (In Liquidation)
Court: Kolkata
Decided on: Sep-22-1959
Reported in: AIR1960Cal243,[1960]30CompCas416(Cal)
Lahiri, C. J. 1. This appeal arises out of an order of Bose J. dated June 2, 1958, by which His Lordship confirmed an interim order appointing the Court Liquidator High Court as the Receiver of certain amounts of money payable on bills submitted by the appellant firm to the Executive Engineer, Works and Buildings Department, Midnapore Division and authorising the Receiver so appointed to collect the outstanding debts and claims due in respect of the aforesaid bills. The aforesaid order was made by Bore J. upon a Tabular Statement filed by the respondent Bank verified by an affidavit dated the 24th of August, 1957. The question that arises for consideration is whether the application for execution filed by the respondent is barred by limitation.2. The facts which are not in dispute may be briefly stated as follows:On March 29, 1947, the respondent Banking Company obtained a compromise decree against the appellant firm for a sum of Rs. 31,000/-. On the date of the compromise decree the a...
Tag this Judgment!Provat Chandra Coomar and ors. Vs. Rabindra Nath Coomar and ors.
Court: Kolkata
Decided on: Sep-22-1959
Reported in: AIR1960Cal291
P.C. Mallick, J.1. There are two applications before me -- one by the plaintiff for withdrawal of the suit and for discharge of the Receiver, the other by the legal representative of the deceased defendant Rabindra Nath Coomar inter alia for setting aside the abatement and for substitution.2. The suit was instituted by the plaintiff for partition. The joint family estate consists of various properties including extensive paddy lands in the village of Hatni in the District of Hooghly. After the institution of the suit, the Official Receiver was appointed Receiver of about 4000 maunds of paddv amongst other properties. Except Charubala all the other defendants have entered appearance and filed their respective written statements. Thesuit, I understand, is now ready for hearing and is appearing in the Prospective List.3. On Apiil 2, 1959 Charubala died. Charubala is the mother of Rabindra and Ratindra the defendants Nos. 1 and 2. She has also several daughters. It is alleged that Charubal...
Tag this Judgment!ManiruddIn Ahmed Vs. Umaprasanna Mukherjee
Court: Kolkata
Decided on: Sep-21-1959
Reported in: AIR1960Cal138,64CWN20
Banerjee, J.1. This appeal is directel against an order, made bv the learned District Judge of Murshidabad, affirming an order of refusal to set aside an auction sale, passed by a learned Subordinate Judge.2. Respondents Nos. 9 to 40 are the mortgagors and Respondents Nos. 1 to 5 are the mortgagees. The appellants are transferees of the right of redemption from the mortgagors.3. Respondents Nos. 1 to 5 obtained a mortgage decree and put the decree in execution, in Mortgage Execution _ Case No. 42 of 1942. The execution case remained stayed for a considerable time because of a notice issued under Section 34 of the Bengal Agricultural Debtor's Act. The stay was vacated only on 8-6-1949. In the auction sale hold on 16-12-1950 Respondents Nos. 6 to 8 auction-purchased the mortgaged property.4. On 4-4-1951, the present appellants, as petitioners, filed an application, under Order 21 Rule 90 of the Code of Civil Procelure, to have the execution sale set asile. The said application was regist...
Tag this Judgment!Sarat Kumar Paul Vs. Sudhir Kumar Paul and ors.
Court: Kolkata
Decided on: Sep-21-1959
Reported in: AIR1960Cal231
ORDERP.C. Mallick, J.1. This notice has been taken out by the plaintiff for an order that the time to make an application to set aside or vary the report be extended and then to set aside or vary the said report. There is a further prayer that the decree passed on June 15, 1956 be recalled and the suit a proceeded with.2. This suit was instituted by the plaintiff for dissolution of partnership.3. On June 15, 1956 a decree was passed by consent whereby Mr. H.M. Majumdar was appointed valuer to assess the value of the plaintiff's share in the partnership and on the receipt of the share so assessed the plaintiff was to retire from the partnership. Pursuant to the said decree and order Mr. Majumdar filed his report on November 17. 1958.. The present application is directed against the said report.4. Normally in order to discharge or vary a report beyond time the applicant is required to make two applications (1) for extension of time and (2) for varying or discharging the report. In the in...
Tag this Judgment!Sm. Raikishori Dassi Vs. Official Trustee of West Bengal and ors.
Court: Kolkata
Decided on: Sep-21-1959
Reported in: AIR1960Cal235,64CWN646
G.K. Mitter, J. 1. This is a suit for a declaration that the plaintiff has become a shebait of certain deities in the place of the deceased, Tarag Dassi and Kristo Moti Dassi, for construction of the Will of Pulin Behari Dutt dated March 5, 1934 for the purpose of ascertaining succession to the shebait-ship of the deities mentioned in the plaint, for a declaration that the purported consent decree dated August 7, 1936 in Suit No. 1695 of 1935 and the purported order dated August 23, 1941 in Suit No. 14 of 1941 are not binding on the plaintiff, for an injunction restraining the defendant Gora Chand Dutt from preventing the plaintiff from acting as a shebait and for other reliefs. 2. The defendants in this suit are (1) the Official Trustee of West Bengal, (2) Gora Chand Dutt, a nephew of the Testator, Pulin Behari Dutt, (3) Premchand Sen, (4) Dunialal Dhur (5) Kedar-nath Dhur, (6) Gopal Chand Dhur and (7) Kalidas ' Dhur, being daughters sons of the said testator and lastly (8) Sree Sree ...
Tag this Judgment!Kalipada Singha Roy Vs. Dandy Swami Hrishikesh Asram
Court: Kolkata
Decided on: Sep-21-1959
Reported in: AIR1961Cal379
Banerjee, J.1. This appeal is directed against an appellate order reversing the order, passed by a learned Munsif, on an objection, under Section 47 of the Code of Civil Procedure, taken by a judgment-debtor to the execution of a rent decree.2. The decree-holder respondent obtained a rent decree against the judgment-debtor appellant for a sum of Rs. 128/-. The decree was dated January 31, 1949.3. The decree was put to execution in Rent Execution Case No. 378 of 1951. The case was struck off for default, on November 6, 1951.4. On March 19, 1952 the decree-holder filed an application under Section 151 of the Code of Civil Procedure for revival or restoration of the execution case, dismissed for default. There was a compromise between the decree-holder and the judgment-debtor, effected, on May 31, 1952, in the said proceeding. The judgment-debtor acknowledged his liability under the decree and promised to pay the dues under the decree in monthly instalments, within a period of two years. ...
Tag this Judgment!Jnan Chand Chugh Vs. Jugal Kishore Agarwal and ors.
Court: Kolkata
Decided on: Sep-21-1959
Reported in: AIR1960Cal331
G.K. Mitter, J.1. This is a suit for a declaration that the decrees passed by this Court on 20-1-1958 and 18-8-1958 in suit No. 1182 of 1957 are invalid and illegal and not binding on the plaintiff, for an injunction restraining the defendants from enforcing the said decrees or taking any steps thereunder and for other incidental reliefs.2. The facts of the case fie in a very short compass. The plaintiffs father Ratan Chand Chugh deceased entered into an agreement on 9-6-1953 with the defendants herein whereby the latter agreed to lend to the borrower from time to time as and when required a total sum of Rs. 1,00,000/ for the purpose of the borrower's business. There is a recital in this document that in order to secure the proposed loan the borrower had agreed to execute, whenever called upon, a formal legal charge over his entire machinery and fixtures as specified in the schedule to the document. In pursuance of the above agreement and in consideration of a sum of Rs. 1,00,000/- the...
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