Kolkata Court May 1960 Judgments
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Peare Lal Show Vs. the State
Court: Kolkata
Decided on: May-11-1960
Reported in: AIR1961Cal531,1961CriLJ462
Mitter, J.1. These two Rules involve a point of some importance in the administration of criminal justice. The petitioners contend that the learned Magistrate's order requiring them to attend test identification parades violates their fundamental right under Article 20(3) of the Constitution which is in these terms: 'No person accused of any offence shall be compelled to be a witness against himself'. 2. I have had the advantage of reading the judgment which my learned brother is about to deliver. I should nevertheless like to express my own views on the subject. 3. In my view, the true scope of Clause (3) of Article 20 of the Constitution was laid down by the Supreme Court in the case of M.P. Sharma v. Satish Chandra, : 1978(2)ELT287(SC) . Jaganadhadas, J., delivering the judgment of the Court, observed: 'Indeed, every positive volitional act which furnishes evidence is testimony, and testimonial complusion connotes coercion which procures the positive volitional evidentiary acts of t...
Panchanan Mondal Vs. Tarapada Mondal and ors.
Court: Kolkata
Decided on: May-10-1960
Reported in: AIR1961Cal193,65CWN661
P. Chatterjee, J. 1. This is a second appeal on behalf of the defendant No. 3. The plaintiff instituted a suit for specific performance of the contract. The contract is because of the unfortunate incidence of partition of Bengal. Defendants 1 and 2, Respondents 2 and 3 had properties in Indian Union and the plaintiff had properties in Pakistan. There was some arrangement between the parties by which the plaintiff, who had his properties in Pakistan, but migrated to West Bengal, would leave those properties to the defendants 2 and 3, who are Mohammedans, but have properties in Indian Union, and agreed to transfer those properties to the plaintiff. The defendants 2 and 3 have never entered appearance. It also appears that the defendants 2 and 3 later on made another similar arrangement but Oral with defendant No. 1, the appellant. The result is that defendants 2 and 3 made arrangement both with the plaintiff and with the defendant No. 1 and are probably enjoying the properties of both in...
State Medical Faculty of West Bengal Vs. Kshiti Bhusan Dutt and ors.
Court: Kolkata
Decided on: May-05-1960
Reported in: AIR1961Cal31,64CWN842
P.B. Mukharji, J.1. This is the defendants' appeal from the judgment and decree of P. C. Mallick J., decreeing the plaintiff's suit. In fact the decree under appeal first declares that the plaintiff is entitled to a certificate under Article 6-C of the Statute of the State Medical Faculty of West Bengal which means that he is qualified to practise what is called, the western medical science and secondly that the defendants do grant the plaintiff a certificate, under the said Article.2. Eleven defendants including the State Medical Faculty of West Bengal and the members of the Governing Body of the State Medical Faculty are the appellants before us.3. The case of the plaintiff respondent is that he was a student of the Dacca National College, Medical Branch, during the years 1921 to 1925 and that he duly completed the four years' course of study in specific subjects such as Anatomy, physiology, Pathology, Materia Medica, Pathology, Medicine, Surgery, Midwifery, Hygiene and Medical Juris...
Sultan Ahmad Vs. Deputy Commissioner of Police, Spl. Branch and Civil ...
Court: Kolkata
Decided on: May-05-1960
Reported in: AIR1960Cal740
ORDERD.N. Sinha, J. 1. The facts in this case are as follows. According to the petitioner, he was born in village Pitambarpur, Police Station Begumganj in the District of Noakhali, when it formed a part of India. He came to Calcutta in the beginning of the year 1943, and took employment as a domestic servant in the household establishment of the then Assistant Shipping Master, Shipping Office, Calcutta where he has continued to be employed for the last 17 years. In August, 1947 when the partition took place, the petitioner at first provisionally opted for Pakistan but thereafter changed his mind and opted for India, where in fact he has continued to remain. According to him, at the commencement of the Constitution, 'he was domiciled in India and was ordinarily resident therein for not less than five years immediately preceding such commencement. In fact, according to him, during these 17 years he went to Pakistan only on three occasions for a total period of four months and eleven days...
Britannia Engineering Company Ltd. and anr. Vs. Basu Mazumdar and ors.
Court: Kolkata
Decided on: May-05-1960
Reported in: (1961)IILLJ310Cal
Sinha, J.1. The petitioner 2 is McLeod & Co., Ltd., which is the managing agents for the petitioner 1, the Britannia Engineering Company, Ltd. The respondent 3, Jnanendra Nath Chatterjee, was employed as stenographer at the head office of McLeod & Co., Ltd. In January 1940 he was transferred to Britannia Engineering Works at Titaghur and subsequently in 1943 he was given a fresh appointment letter by the Britannia Engineering Company.2. After the enactment of the Industrial Disputes Act, 1947, the Government of West Bengal set up some omnibus tribunals, popularly known as the Engineering Tribunal (1947) and the Mercantile Tribunal, etc. (1948). The former dealt with the disputes in the engineering industry while the latter dealt with disputes in commercial and mercantile establishments which were members of the Bengal Chamber of Commerce. The respondent 3 seems to have accepted his emoluments in terms of the award of the Engineering Tribunal. While working at the head office, the respo...
Sm. Kunja Moyee Dassi Vs. Akshoy Kumar Das
Court: Kolkata
Decided on: May-02-1960
Reported in: AIR1961Cal43
S.K. Sen, J.1. This miscellaneous appeal is directed against an order of the learned District Judge, Howrah, setting aside an order of the Subordinate Judge, 3rd Court, Howrah, for the execution of a security bond for the sum of Rs. 800/- against the surety Akshoy Kumar Das. The facts are briefly as follows:- The appellant Kunja Moyee Dassi instituted a suit against Panchanan Rong and others for declaration of her title to the suit property and for recovery of khas possession therein on the allegation that the defendants were holders of chakran lands and were no longer entitled to hold the same. There was also a prayer for recovery of mesne profits or bhag produce for 1355 and 1356 B. S. and for mesne profits up to the date of delivery of possession or for three years after the decree. During the pendency of the suit the appellant filed an application for temporary injunction, restraining the defendants Panchanan Rong and others from cutting the paddy which they had grown on the suit l...
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