Kolkata Court July 1960 Judgments
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The Commissioners for the Port of Calcutta Vs. Bhairadinram Durga Pros ...
Court: Kolkata
Decided on: Jul-19-1960
Reported in: AIR1961Cal39
Lahiri, C.J.1. This reference arises out of a second appeal filed by the plaintiff against a decree made by the Second Court of Subordinate Judge, Alipore, affirming a decree for ejectment against the respondent. The respondent was a lessee under the appellant under an indenture of lease dated April 7, 1937. Under the terms of that indenture the lessors agreed to let and the lessee agreed to take on lease for a period of two months from April 10, 1937 and thereafter subject to the conditions mentioned in the lease on a monthly tenancy, agreeing to pay monthly rent at the rate of Rs. 11/14/- (Rupees eleven and annas fourteen) only. That tenancy was terminated by the appellant by a notice to quit and on tha expiry of the period of notice the appellant sued the defendant-respondent for ejectment and obtained a decree in that suit. In this suit the lease executed between the parties was produced and marked as Exhibit 1. The indenture was stamped with a stamp duty of twelve annas under Arti...
B.N. Elias and Co. Private Ltd. Vs. Fifth Industrial Tribunal of West ...
Court: Kolkata
Decided on: Jul-15-1960
Reported in: AIR1961Cal185,[1961(2)FLR339],(1961)IILLJ14Cal
ORDERD.N. Sinha, J. 1. The facts in this case are as follows: The petitioner company acts as the Managing Agent of various companies, including the Oriental Electric and Engineering Company (hereinafter referred to as the 'company'). It is stated in the petition that the business of the company at all material times consisted mostly of selling various types of imported goods, in respect of which, in the past, the petitioner used to receive import licences. It is also stated that the company had a large business in selling Venetian blinds which are made up from imported materials. It is further stated that in a small way the company also trades in locally purchased stock or articles locally manufactured. It is claimed that by reason of drastic curtailment of the number and/or value of import licences granted by the Government since 1956, as well as other factors, the business has, since that year, greatly diminished. As a result of such diminution in business it is claimed that a large ...
In Re: Balygunge Real Property and Building Society Ltd.
Court: Kolkata
Decided on: Jul-15-1960
Reported in: AIR1961Cal405
ORDERU.C. Law, J. 1. In these four applications the two main questions that fall for my determination are(1) Whether the order made on 18th January 1960 can be recalled, vacated, set aside or modified by this Court and (2) whether the applicants are entitled to the inspection of the file of the proceedings of the liquidation and the statement of the Liquidator which accompanied the ex parte summons in form No. 109. These applications were heard and argued together and the learned counsel appearing for different applicants agreed that one judgment should cover them all. The questions arise in this way:--2. On 9th January, 1960, the Official Liquidator of the above company took out a summons in form No. 109 as is required under Rule 243(2) of the Companies (Court) Rules 1959 hereinafter referred to as the Company Rules and applied ex parte under Rule 243(1) for private examination, inter alia, of the above named applicants under Section 477 of the Companies Act, 1950. The summons was in ...
Nemai Chand Banerjee Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-12-1960
Reported in: (1961)ILLJ51Cal
Sinha, J.1. The facts in this case are shortly as follows:In 1920 the petitioner was appointed in the Eastern Railway in a subordinate service. In 1950 the petitioner was confirmed in class II service. In November 1954, the petitioner was promoted by the General Manager to officiate in the senior scale class I service which was subsequently approved by the Public Service Commission. In March 1957, the petitioner was transferred to Kanchrapara. On 28 April 1958 the General Manager issued an order of suspension in contemplation of a departmental proceeding, a copy whereof is annexure A to the petition. In that order it was stated that the petitioner was placed under, suspension with effect from 28 April 1958 on charges detailed in a certain confidential communication dated 28 April 1958. The chargesheet is included in annexure A at p. 8. It contains four charges. This chargesheet was on the footing that the General Manager was the competent authority to charge and punish the petitioner. ...
Nelson Loo Vs. M.L. Gupta and anr.
Court: Kolkata
Decided on: Jul-11-1960
Reported in: AIR1962Cal197
Debabrata Mookerjee, J. 1. The appellant Nelson Loo has been convicted by a Presidency Magistrate on three counts of charge under Section 409 of the Indian Penal Code and sentenced to varying terms of imprisonment and fines on the three counts.2. The appellant was at the material time carrying on the business of a travel agent. Overseas Air Travels was a Travel Agency concern of which he was the proprietor. He had been in the trade ever since 1949. Overseas Air Travel was an approved Sales Agent for all international Airlines operating through India and it came to be appointed as the travel agent on behalf of Indian Airlines Corporation under an agreement dated the 1st of December, 1954. The agency office was located at P. 29 Mission Row Extension, Calcutta. The appellant himself lived with his wife and children in a suite of rooms at 21, Mission Bow Extension.3. The Air Corporations Act was passed by Parliament in 1953. It was an Act to provide for establishment of Air Corporations, f...
Bisseswar Poddar Vs. Nabadwip Chandra Poddar and anr.
Court: Kolkata
Decided on: Jul-11-1960
Reported in: AIR1961Cal300,64CWN1067
Bose, J. 1. This appeal is from the decision of Mr. Justice A.N. Ray dismissing the plaintiff's suit for enforcement of a mortgage by deposit of title deeds. The case of the plaintiff appellant is that the defendant No. 1 Nabadwip Chandra Poddar was the owner of a piece of land containing an area of 3 cottahs 3 chittacks and 30 square feet being the northern portion of Plot No. 44 of C. I. T. Scheme No. 44-B formed out of the old premises No. 1, Grey Street, Calcutta. On or about the 18th November, 1949 the plaintiff lent and advanced to the defendant No. 1 solely for the purpose of the latter's business a sum of Rs. 13.000/- repayable on demand with interest at 6 per cent per annum and as security for the said loan the defendant No. 1 deposited with the plaintiff at Calcutta the title deeds relating to the said property with intent to create security thereon. On or about the 22nd July 1951, the defendant No. 1 acknowledged in writing his liability for repayment of the said loan as als...
Financiers and Fibre Dealers Ltd. Vs. Sankarlal Sardar
Court: Kolkata
Decided on: Jul-08-1960
Reported in: AIR1961Cal46
ORDERP.C. Mullick, J.1. This is an application to challenge an award. It is prayed that either the award be adjudged void or set aside.2. The facts relevent for this application are short and simple. A suit, being Suit No. 785 of 1958 was instituted by two of die parties to this proceeding in this Court against others on 29th/30th May, 1958. During the pendency of this suit, on June 23, 1938, the parties entered into a writer agreement, whereby the disputes in suit were agreed to be adjusted by arbitration of Srichand Bothra and the said suit was agreed to be withdrawn. Pursuant to this agreement, the disputes in suit were referred to the arbitration of Srichand Bothra, who acted under the reference, issued notice on July 3, 1958, and held a meeting on July 6, 1958, before the suit was withdrawn on July 7, 1958. Subsequent to the withdrawal of the suit, there were further proceedings and on August 26, 1958 the award was made. The important fact to note is that there was no order of ref...
In Re: Hindusthan Co-operative Insurance Society Ltd.
Court: Kolkata
Decided on: Jul-08-1960
Reported in: AIR1961Cal443,65CWN69
ORDERU.C. Law, J. 1. The hearing of this application under Sections 397, 398, 399 and 402 of the Companies Act, 1956 has taken considerable time and the arguments were only concluded on 14th June, 1960, when I reserved my judgment; but I directed the matter to appear on the list on 16th June, 1960, marked 'To be mentioned' as I wanted certain information regarding the cash balance in the current banking accounts of the company. It may be mentioned here that prior to this the respondants had given an undertaking to Court (which still subsists) not to withdraw or deal with the compensation money amounting to over Rs. 35,00,000/- and the accrued interest thereon lying invested in short deposit accounts in different banks in the company's account. On 16th June 1960 Mr. R.C. Deb appearing on behalf of P.N. Talukdar informed me that the amount lying in current accounts of the company with several banks amounted to over Rs. 1,67,000/-. Besides, there was also some cash in hand. This undoubted...
Narayan Chandra Nag and ors. Vs. Dinatarini Debi and anr.
Court: Kolkata
Decided on: Jul-08-1960
Reported in: AIR1961Cal643
Banerjee, J.1.The decree-holders, who are the appellants, filed a suit against the judgment-debtors for declaring certain documents as fraudulent. The suit, being Title Suit No. 49 of 1944 was decreed on September 24, 1945. The decree, however, contained the direction that the decree-holders must deposit in court a sum of Rs. 300/-; to the credit of the judgment-debtors, within a period of six months from the date of the decree, in default whereof the suit, in which the decree was made, shall be deemed to have been dismissed.2. The judgment-debtors preferred an appeal against the decree. During the pendency of the said appeal, on April 1, 1946, the decree-holders made a deposit of- Rs. 300/-, as directed by the decree, but said to have been too late by eight days in so doing it. The appeal was allowed, on December 6, 1946. The judgment and decree of the trial court were set aside and the claim was dismissed in its entirety.3. There is dispute as to whether the plaintiffs decree-holders...
K.D. Banerji Vs. Life Insurance Corporation of India
Court: Kolkata
Decided on: Jul-06-1960
Reported in: AIR1961Cal285
P.B. Mukharji, J.1. This is an application under Article 226 of the Constitution which Sinha, J. dismissed. The matter now comes up in appeal before us. The appellant is one K. D. Banerji, Assistant Branch Manager of the Life Insurance Corporation of India.2. The appellant's case is, in effect, to ask for an order of mandamus in his favour directing the respondents to give him the scale of pay, motor car allowance, dearness allowance and basic salary as payable to the grade of Assistant Branch Managers in the Life Insurance Corporation.3. In order to succeed in this contention he has to satisfy this Court that he has a legal right which can be enforced by the writ. That legal right so far as the particular Statute is concerned can only be traced or claimed either under an Order under Section 11(2) of the Life Insurance Corporation Act, 1956 or under any Regulations made under Section 49(2)(bb) of the same Act. Neither any Order under Section 11(2) nor any Regulation under Section 49(2)...
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