Kolkata Court July 1960 Judgments
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Anil Kumar Upadhaya Vs. P.K. Sarkar and ors.
Court: Kolkata
Decided on: Jul-04-1960
Reported in: AIR1961Cal60,[1961(3)FLR139],(1961)IILLJ459Cal
ORDER1. The facts in this case are shortly as follows : The respondent No. 2, Messrs. Backwood Hodge (India) Private Limited is a company incorporated under the Indian Companies Act. The petitioner and the respondents Nos. 5 and 6 are the Trustees appointed under an Indenture of Trust relating to the start provident fund of the company. By an order dated 3rd August, 1959 made under Section 10 of the Industrial Disputes Act, 1947 the Government referred an industrial dispute existing between the company and their workmen represented by Blackwood Hodge Employees' Welfare Union, being the respondent No. 2 herein, to the adjudication of the Second Industrial Tribunal, Calcutta. The dispute, as set out in the schedule of the order (annexure 'A' to the petition) relates to the amendment of the Provident Fund Rules. The Provident Fund Rules are contained in an Indenture dated 23rd May, 1953 being the Trust Deed, containing also rules and regulations relating to the provident fund. Under claus...
Nripendra Nath Bagchi Vs. Chief Secretary, Govt. of West Bengal
Court: Kolkata
Decided on: Jul-01-1960
Reported in: AIR1961Cal1,65CWN361,(1961)IILLJ312Cal
P.B. Mukharji, J.1. We are unanimous that the Rule in this case must be made absolute.2. Who controls the subordinate judiciary in the State and who in particular exercises disciplinary control over members of the Subordinate Courts of the States under the Constitution of India and what principles govern the procedure of disciplinary Tribunals are the important questions raised for determination on this Reference by the Chief Justice.3. The petitioner Shri Nripendra Nath Bagchi, a senior member of the West Bengal Judicial Service officiating in the Higher Judicial Service and an Additional District Judge, at the fag end of his career of service extending over a quarter of a century and when about to reach 55 years, the age of compulsory retirement under his conditions of service, was served with a notice to appear before a Disciplinary Tribunal and on its findings was dismissed from service by an order of the State Government dated 25th May, 1954 after a departmental enquiry.4. The pet...
Paschim Banga Malbahi Cycle Mazdoor Union and ors. Vs. Commissioner of ...
Court: Kolkata
Decided on: Jul-01-1960
Reported in: AIR1961Cal125,65CWN213
P.B. Mukharji, J.1. We are unanimous that the Rule in this case must be discharged.2. This is a petition by the Union of Cycle Carts Workers known as 'Paschim Banga Malbahi Cycle Mazdoor Union 'for a writ of Mandamus against the Commissioner of Police under Article 226 of the Constitution, for directing him not to give effort to or to withdraw or cancel his notifications dated the 12th February, 1959 under Section 61A of the Calcutta Police Act 1866 and Section 38A of the Calcutta Suburban Police Act 1866. It also claims for writs of certiorari and prohibition. There is a similar application with the title Bijon Krishna Mukherji v. Commissioner of Police raising the very same questions. Both these applications have been referred to this Special Bench of this Court for their disposal and for determination of the points raised. The parties and counsel in both these matters agree that they may be disposed of by one judgment.3. The impugned notification dated 12-3-1959 under Section 61A(1)...
Sanat Kumar Mitra Vs. Hem Chandra Dey and ors.
Court: Kolkata
Decided on: Jul-01-1960
Reported in: AIR1961Cal411
P.C. Mallick, J.1. This is a representative suit instituted by the plaintiff for self and other members of the Hindu community interested in the trust created by the Will of Akshoy Kumar Ghosh deceased. The defendants Nos. 1 and 2 Hem Chandra Dey and Protap Narayan Bose were impleaded on the allegation that they were purporting to act as executors and trustees. Defendant no. 3 is Ashutosh Coomar in whose favour a lease was granted of one of the trust properties. The defendants Nos. 5 and 6 Prosanno Kumar and Hemanta Kumar are stated to be the heirs of the settlor along with the plaintiff. The defendant No. 4 is the deity. During the pendency of this suit the defendants Hem Chandra and Basanta died and their heirsand legal representatives have been substituted in their place and stead.2. The nature of the suit will appear from the reliefs claimed. There are averments in the plaint in support of the reliefs. The title of the defendants Hem Chandra and Protap Narayan to act as trustees ha...
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