Court : Kolkata
Reported in : AIR1961Cal26,64CWN605
Banerjee, J. 1. This is reference made to a Special Division Bench, under the second proviso to Rule 1, Chapter II of the High Court Appellate Side Rules. The questions of law referred for determination are:-(a) Whether the compensation awarded in respect of property in the possession of a widow, who had not, at the date of the acquisition absolute interest therein and kept under the provisions of the Land Acquisition Act with the Land Acquisition Court of the President of the Improvement Tribunal is property 'possessed' by a female Hindu, withinthe meaning of Section 14(1) of the Hindu Succession Act 1956? (b) Whether this money is property acquired by the widow under a decree or an award prescribing a restricted estate therein, within the meaning of Section 14(2) of the Act? K. C, Das Gupta and Law JJ., who recommended the reference of the two questions, to a Special Division Bench, observed that such a reference wasnecessary 'In view of the great importance of these questions and t...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal240,1961CriLJ488
Debabrata Mookerjee, J.1. The appellant Madan Lal Aurora has been convicted by a Presidency Magistrate under Section 10 read with Section 7 of the Essential Commodities Act and sentenced to detention till the rising of the Court and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six months. He has also been convicted under Section 482/485 of the Indian Penal Code and sentenced to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for six months'.2. On behalf of the State an application for enhancement of the sentence passed on the appellant having been made, a Rule was issued by this Court. The appeal and the Rule have been heard together and are disposed of by this judgment.3. On the 9th of May 1955 Santi Ranjan Roy Choudhury, a Trade Mark Investigator of Messrs. Hindusthan Vanaspati . lodged an information with the police complaining that Dalda products which were their manufacture were being adulterated and sold to members of the publi...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal248,(1961)IILLJ30Cal
P.N. Mookerjee, J.1. Three questions of importance, touching the Employees' State Insurance Act, 1948, and the inter-relation of some of its sections and its three Chapters IV, V and V-A and their relative mutual impact on one another, arise for consideration in this appeal and they embrace, in particular, determination of the meaning and scope of the two terms 'employee' and 'factory' and the effect thereof and of the exemption, granted by the State Government under Sections 87 and 88 of the Act, on the employer's liability for special contribution under the aforesaid Chapter V-A. For proper appreciation of the questions raised and facilitating due determination of the same, it is necessary to state the facts which led up to the present proceeding. Those facts lie within a short compass and they stand as follows:The appellant, the Calcutta Electric Supply Corporation Ltd., is a business concern, carrying on the business of generating and supplying electrical energy for use, inter alia...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal289
D.N. Sinha, J.1. These are three applications which have been heard together and will be disposed of by one judgment. They are all directed against the ensuing by-election in the South West Calcutta Parliamentary Constituency, which has been fixed to be held on the 1st May 1960. In the first matter, viz., C. R. 969 of 1960, the petitioner is Nirmal Kumar Sikdar residing at 64 Satyen Roy Road, Behala. He claims to be a voter duly entered in the electoral Rolls of the said constituency. The applicant in the second application, viz., C. R. No. 970 of 1960, is Sm. Angur Poroi, also residing at No. 64 Satyen Roy Road, Behala, she being the sister of the petitioner in the first application. She also claims to be a voter duly entered in the electoral Rolls of said constituency. She is a Hindu lady and states that she is a 'pardanashin' woman and it is against her religion to be photographed at all, I shall presently enumerate how the question of being photographed arises. In the third applica...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal515,64CWN641
P.N. Mookerjee, J. 1. Only a short point arises for consideration in this reference. The point is what is the true meaning of the phrase or expression 'a year of the tenancy' in Section 9 (1) (b) (iii) of the West Bengal Non-Agricultural Tenancy Act, 1949, in relation to tenancies from month to month. There is one direct decision on this point, namely, in the case of Radha Charan Das v. Pravabati Dassr, 63 Gal WN 535, where Banerjee, J., held inter alia -- and that is how he has explained it in the present 'letter of reference,' -- that, under the aforesaid section, in case of tenancies from month to month, six months' notice must be given expiring, -- and terminating the tenancy, -- with 'the anniversary of the expiration of the month of the tenancy' or, in other words, that a year in the above expression 'a year of the tenancy' in Section 9 (1) (h) (iii) of the West Bengal Non-Agricultural Tenancy Act, 1949, means a year or a period of twelve months, expiring on the anniversary of th...
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal696
P.C. Mallick, J.1. This is a suit to enforce a claim on a fire and burglary insurance policy issued by the defendant in favour of the plaintiff. The policy is dated 13-7-1954 and the period covered by the policy is one year from 1-7-1954. The proposal on the basis of which the policy was issued is dated 26-6-1954. The properties insured are (i) furniture, household goods and personal effects valued at Rs. 7,000/- and (ii) trinkets, personal ornaments and gold sovereigns valued at Rs. 23,000/-. All the said properties were lying in the first floor of premises 6, Gonesh Chatterjee Avenue, Sibpore, Howrah, in the occupation of the plaintiff. It is alleged in the plaint that on 5-8-1954 there was a burglary and considerable ornaments, silver utensils and Benarasi saries covered by the policy were stolen and have not been recovered. Particulars of the goods stolen have been set out in paragraph 4 of the plaint. The value of the property stolen has been stated to be Rs. 16,889/-, Due notice ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal118
ORDERP.C. Mallick, J. 1. This Notice was taken out by the Union of India for an order that a judgment be passed in accordance with the award made by the Arbitrator on May 23, 1952 and a previous order passed by Sarkar J. on July 20, 1954 be recalled and/or set aside, if necessary. 2. Dispute between the parties of and relating to a contract containing an arbitration clause was referred to the arbitration of a Superintending Engineer one C. P. Mallik. The Arbitrator made his award on May, 23, 1952 in favour of the petitioner and the respondent was directed to pay the sum of Rs. 16,247/8/-. On January 15, 1953 the respondent made an application for setting aside the award. By his order dated June 16, 1954 Sarkar J. set aside the award. On July 20, 1954 Sarkar J. made a further order directing that no judgment be passed in terms of the award. 3. Against the order of Sarkar J. passed on June 16, 1954 setting aside the award, an appeal was taken by the Union of India. No appeal, however, wa...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal59,64CWN786
S.K. Sen, J.1. This revisional application is directed against an order of the learned Subordinate Judge, 7th Court, Alipore dated 29th June, 1959 by which he appointed Lal Baivu Bibi, Opposite Party No. 2, as next friend of the plaintiff-petitioner Hanufa Bibi in the divorce suit, being title suit No. 10 of 1957, instituted by her against opposite party No. 11 Mokshad Ali Mondal, and a subsequent order of the learned Subordinate Judge dated 24th November 1959 by which he rejected the petition of the plaintiff-petitioner for review of the earlier order appointing her mother Lal Banu as her next friend, Originally the suit was filed on 1st February 1957 by the petitioner, represented by her paternal uncle Mansur Ali Mondal, and therein it was stated that the then age of the petitioner was 13 years. Accordingly, at the time when the mother Lal Banu, after having been appointed certificated guardian under the Guardians and Wards Act, applied to the Court for being substituted as next frie...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal170,65CWN766
S.K. Sen, J.1. This Miscellaneous Appeal is directed against an order of Shri A. B. Syam, Subordinate Judge, First Court, Alipore, dismissing an application under Section 47 of the Civil Procedure Code in which the objection was taken that the Subordinate Judge, First Court, did not have jurisdiction to execute the mortgage decree which had been passed against the appellant. The mortgage decree was passed against the appellant by the First Court of Subordinate Judge, Alipore, the mortgaged property being situated at Baloram Bose Ghat Road, within the jurisdiction of Bhowanipore Thana within Calcutta Corporation. At the time when the mortgage suit was decreed, by the distribution of areas made by the District Judge under Section 13(2) of the Bengal, Agra and Assam Civil Courts Act, Bhowanipore Thana was within the jurisdiction of the First Court of Subordinate Judge, Alipore. The first Execution Case was filed in the First Court of Subordinate Judge in 1953, and that was disposed of on ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal764
Bachawat, J. 1. This is an appeal from an order refusing to wind up the respondent company, Buxar Oil and Rice Mills Ltd.2. The case of the appellants is that the company issued 300 debentures of Rs. 1,000/- each and executed a debenture trust deed dated 1-3-1954, by which valuable lands, factory buildings, machinery plant and tools appertaining to its factory at Buxar were mortgaged to secure the repayment of the debentures. The appellants are the trustees for the debenture holders appointed by the trust deed. Their further case is that interest since June 1955 payable to the debenture-holders is in arrears that the security constituted by the trust deed became enforceable, that on 7-8-1958 they served upon the company the requisite statutory notice under Section 434 of the Indian Companies Act and that in spite of the notice the company failed and neglected to pay the dues of the debenture-holders. The appellants presented this winding up petition on 15-9-1958. They contend that the ...
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