Kolkata Court September 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.
Kalipada Ghosh Vs. Tulsidas Dutt and ors.
Court: Kolkata
Decided on: Sep-21-1959
Reported in: AIR1960Cal467
Banerjee, J. 1. One Girish Chandra Dutt was the owner of certain properties, which were made the subject ofa suit for partition. Out of an application, under Section 4 of the Partition Act, made in the aforesaid suit for partition, the present appeal arises.2. Girish was succeeded by three sons, namely Tulsidas (the plaintiff respondent No. 1), Bonbehari (defendant No. 1, who is the respondent No. 2) and Satya Sadhan (father and husband respectively of defendants Nos. 2 and 3, who are respondents Nos. 3 and 4). Sankar Charan (defendant No. 4, who is respondent No. 5) is the son of the plaintiff. He was made a party to the partition suit in his capacity as the purchaser of a certain share in some of the properties included in the partition suit. Kali-pada (defendant No. 5, who is the appellant) is the transferee of the share of defendants Nos. 2 and 3 (respondents No. 3 and 4) in some out of the several properties, which were included in the suit for partition.3. The property in dispute...
Lakhinarayan Ramniwas Vs. Lloyd Triestino Societa Per Azinni Di Naviga ...
Court: Kolkata
Decided on: Sep-15-1959
Reported in: AIR1960Cal155
Bachawat, J. 1. This is an appeal from an order of G. K. Mitter J., directing stay of a suit instituted by the appellant against the respondents. The respondents (appellant?) are Indian merchants. They placed an order for 968, 870 and 423 bundles of Mild Steel Round bars with certain Italian shippers. The Italian shippers shipped those goods under three bills of lading dated 6-3-1956, 10-3-1956 and 27-3-1956. The goods were shipped per S. S. Alga, a steamship belonging to the respondents, Messrs. Llyod Triestino Societa per Azinni Di Navigazibne Sede in Triesta. The goods were to be conveyed from Italy to the port of Calcutta. The steamship S. S. Alga duly arrived at the port of Calcutta on the 22nd May, 1956. The plaintiff alleges that 22 bundles of the goods were short-landed. In support of its contention it relies on a short-landing certificate issued by the Commissioners for the port of Calcutta. On or about the 8th of June, 1957, the plaintiff-appellant as the holder of the three ...
India Red Lead Factories Co. Vs. Pursottamdas Narsingdas
Court: Kolkata
Decided on: Sep-15-1959
Reported in: AIR1960Cal327
A.N. Ray, J.1. This is a suit for the recovery of Rs. 29647/9/3 as damages and a sum of Rs. 4401/12/9 as the amount lying with the defendant out of the sum of Rs. 48000/- paid by the plaintiff to the defendant as and by way of payment in advance towards the price of 60 tons of pig lead.2. The plaintiff's case is that by a contract entered into in the month of January 1947, the defendant agreed to sell and the plaintiff agreed to buy 120 tons of pig lead of Australian origin at Rs. 39/ 120/- per cwt. ex defendant's godown. The terms alleged by the plaintiff in paragraph 1 of the plaint are, inter alia, as follows :(a) The defendant would deliver to the plaintiff the said 120 tons of pig lead in two lots of GO tons each;(b) The plaintiff would pay the defendant the price of each lot of 60 tons at Rs. 39/12/- per cwt.(c) The defendant would give delivery of the aforesaid lot of 60 tons to the plaintiff immediately after full payment of the price of the said 60 tons at the said rate;(d) Th...
Harbans Singh Chohan Vs. the State
Court: Kolkata
Decided on: Sep-15-1959
Reported in: AIR1960Cal722,1960CriLJ1577
ORDERJ.P. Mitter, J.1. This Rule is directed against an Order of commitment upon charges under Ss. 420 and 436 of the Indian Penal Code. The petitioner, who is in a large way of business, is alleged to have set fire to his godown said to contain a huge quantity of milk powder and to have realised from the insurance company, with which the goods had been insured, a sum of Rs. 3 lakhs by falsely representing the fire to have been accidental.2. The commitment is sought to be quashed on two grounds, namely, (a) there was a breach of the procedure laid down in Section 207A of the Code of Criminal Procedure, and (b) there was no prima facie case.3. The learned Advocate-General for the State has contended that the opinion of the Magistrate that the accused should be committed for trial is not justiciable. He has contended further that Section 215 of the Code of Criminal Procedure not having been amended to include a commitment under Section 207A, this Court has no jurisdiction to quash a comm...
Kesab Lal Banerjee and anr. Vs. Calcutta Dock Labour Board and anr.
Court: Kolkata
Decided on: Sep-10-1959
Reported in: AIR1960Cal166
D.N. Sinha, J. 1. There are two petitioners before me. Kesab Lal Bannerjee and Hiralal Bannerjee, Their father, Monilal Bannerjee, carried on business as a supplier of tally clerks to ships that call at the Port of Calcutta. He had been carrying on this business ever since 1918. After his death in. 1939, his business was continued by the petitioners who are two brothers under the firm name of 'M. L. Bannerjee and Sons'. As such, they have also been carrying on business as supplier of tally clerks to ships that call at the Port of Calcutta. The way that the business is carried on is that the petitioners employ a number of tally clerks, whom they supply to ships according to their requirements. In the year 1948, was enacted the 'Dock Workers (Regulation of Employment) Act, 1948' being Central Act IX of 1948. This Act was promulgated to provide for regulating the employment of dock workers. The Act contemplates the drawing up of a scheme for the registration of dock workers, with a view t...
Rambilas Nandlal Vs. Imperial Oil Mills Ltd.
Court: Kolkata
Decided on: Sep-09-1959
Reported in: AIR1960Cal304
Bachawat, J.1. By a contract dated the 27th December, 1955, the appellant agreed to buy and the respondent agreed to sell 25 tons of pure raw linseed oil. The contract reads as follows:'27-12-1955.Buyers Name Sri Rambilas Nand Lal, Calcutta. Dear Sirs,We have this day sold by your order and on your account to the above buyers:Sellers Name Sri Imperial Oil Mills Ltd. Calcutta.Article Pure Raw Linseed Oil.Quantity 25 (twenty-five) tons only.Quality I. S. and Guarantee.Time of delivery April May 1936.Delivery -- Ex sellers Mills.At Rs. 47/8 per Maund loose in buyers tank lorry or in drumsPayment Rs. 90/- after delivery balance within 10 days,Weighment and Sampling to be done in the presence of sellers' and buyers' representatives.Remarks nil.Brokerage to be paid by the Sellers As. -/2/-per maund nett.Any dispute regarding this contract is to be settled by the Bengal Chamber of Commerce and Industry in Calcutta.Analysis disputes to be settled by the R. V. Briggs and Co. Ltd. in Calcutta.Th...
Pushraj Puranmal Vs. Clive Mills Co. Ltd.
Court: Kolkata
Decided on: Sep-07-1959
Reported in: AIR1960Cal180
ORDERP.B. Mukharji, J.1. This is an application by Pushraj Puranmal to set aside award No. 575 of 1958 in Case No. 438 of 1958, dated 21-8-1958 made by the Bengal Chamber of Commerce and Industry.2. The only ground on which the award has been challenged before me appears in paragraph 29 of the petition. Briefly that objection is that this award proceeds on the basis of two previous awards which have not been filed and on which court's pronouncement has not been obtained. It is then said that the said two previous awards are bad but because those awards had not been filed in court the petitioner could not have them set aside by the court. Therefore, it is contended first that the arbitrators did not have any jurisdiction to decide uponthe basis of the previous awards and secondly that to allow judgment to be pronounced on this present award in dispute will virtually enable the respondent to enforce unfiled awards upon which no judgment of the court has been pronounced. It is also pleade...
Nagendra Nath Sau Vs. Ram Krishna Sau
Court: Kolkata
Decided on: Sep-07-1959
Reported in: AIR1960Cal299,64CWN356
Banebjee, J.1. These two Rules are directed against an Order passed by the Court below, allowing two applications under Order 21 Rule 100 of the Code of Civil Procedure.2. The circumstances, in the background of which the two applications were made, are as hereinafter stated.3. Nagendra Nath Sau, the petitioner, instituted a suit for partition, being T. S. No. 137 of 1929, in the Court of a Subordinate Judge at Hoogly, against his co-sharers Upendra Nath Sau and others. The suit was resisted, inter alia, on the grounds that there had been a previous partition and some of the properties in suit were not joint properties but the seif-acquired properties of some of the defendants. The trial court dismissed the suit on the ground that there having had been a previous partition, another suit for partition was not maintainable. Against the decree of the trial court, the petitioner preferred an appeal to this Court, being F. A. 189 of 1933.4. While the aforesaid appeal was pending in this cou...
NalIn Behari Roy and anr. Vs. Bisweswar Bhattacharjya
Court: Kolkata
Decided on: Sep-04-1959
Reported in: AIR1961Cal393
Renupada Mukherjee, J.1. These two connected appeals have arisen out of one judgment and two decrees passed by the Lower Appellate Court. Nalin Behari Roy, appellant in Second Appeal No. 1003 of 1954 of this Court, was the sole plaintiff in Money Suit No. 13/4 of 1951 in the Third Court of the Munsif at Bankura. Kanial Ratan Kavivaj, appellant in Second Appeal No. 1004 of 1954 of this Court was the sole plaintiff in Money Suit No. 5 of 1951 of the same Munsif's Court. The claim in the first mentioned Money Suit was Rs. 1758/12 as, and the claim in the other Money Suit was Rs. 806/-. The simple case of the two plaintiffs of the two suits was that Bisweswar Bhattacharjya, who is the common defendant in both the suits, took loans of money from the two plaintiffs for the purpose of his personal business, agreeing to pay interest at twelve per cent. per annum and the amounts mentioned above were still outstanding on account of principal and interest.2. Both the suits were contested by the d...
Eastern Manganese and Minerals (Private) Ltd. Vs. the State of West Be ...
Court: Kolkata
Decided on: Sep-02-1959
Reported in: AIR1960Cal340
ORDERG.K. Mitter, J.1. This is an application by the Eastern Manganese and Minerals (Private) Limited, a company carrying on business at 4 Lyons Range, Calcutta, to direct the Board of Revenue to state a case to this Court under Section 57(1) of the Indian Stamp Act. The application is made under Article 226 of the Constitution for the issue of a Writ of Certiorari calling upon the respondents the State of West Bengal, me Board of Revenue and the Collector of Stamp Revenue to certify and send the proceedings had before them to this Court for the purpose of examination and for setting aside and/or quashing the same, a Writ of Mandamus commanding the respondents and each of them to cancel forthwith and/or withdraw and/or forbear from giving effect to the orders referred to in paragraph 12 of the petition and other reliefs.2. The facts are shortly as follows : The petitioner company entered into an agreement with an other company called the Chrestian Mica Industries Ltd., on 22-8-1956 whe...
- ‹ Prev
- 1
- 3
- Next ›
- Last »