Kolkata Court September 1960 Judgments
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Sri Swadesh Bhusan Ghose Vs. Chief Commercial Superintendent, E. Rly. ...
Court: Kolkata
Decided on: Sep-13-1960
Reported in: AIR1961Cal93,65CWN94,(1961)ILLJ55Cal
ORDERSinha, J. 1. The facts in this case are shortly as follows : The petitioner first took service in 1944 as a clerk in the Bengal Nagpur Railway, which is subsequently known as, and/or merged with, the South Eastern Railway. In 1949, he was posted at Puri as a ticket collector, and was working there in 1955. On 16-1-1954 the petitioner applied for and obtained railway passes, inter alia for two dependent relatives, namely a dependent widowed mother aged 60 and dependent brother aged 20. On 27-12-1954 he applied for and obtained passes for two dependent relatives namely dependent widowed mother aged 64 and dependent widowed sister aged 45. In November, 1955 the Special Police Establishment, Puri, reported to the General Manager of the South Eastern Railway to the effect that they had received information that the petitioner had no widowed mother, but was living in the house of a Bengalee lady and had obtained passes from time to time on false pretences and allowed outsiders to travel...
Kedar Nath Saharia Vs. the State
Court: Kolkata
Decided on: Sep-13-1960
Reported in: AIR1962Cal410
Mitter, J. 1. The petitioner is the Managing Director of Messrs. Satya Narain Tea Co., (Private) Limited. In connection with his business, he had a quota Certificate for 100 tons of iron and steel. It is alleged that out of the said quota, he sold 36 tons of galvanized corrugated sheets in the black market. Consequent upon a report about the said sale by the Officer-in-charge of Hare Street Police Station, the learned Chief Presidency Magistrate purported to take cognizance of the case under Sections 7 and 10 of the Essential Commodities Act 1955 (Act X of 1955).2. This Rule involves the question whether in view of the provisions of Section 11 of the Essential Commodities Act 1955, the learned Chief Presidency Magistrate could on the basis of the said police report, take cognizance of the offences concerned.3. Section 11 of the Essential Commodities Act, 1955, is as follows:-'No court shall take cognizance of any offence punishable under this Act exception a report in writing of the fa...
Laxminarayan Tamkorwalla Vs. Udairam Khemka and ors.
Court: Kolkata
Decided on: Sep-12-1960
Reported in: AIR1961Cal386
Lahiri, C.J.1. This appeal is directed against an order of Sankar Prasad Mitra, J. dated the 18th March 1959 refusing to recall an earlier order made by him on the 3rd June 1958 by which he directed the issue of a duplicate writ of summons upon the appellant and ordered the Sheriff to accept the writ within fourteen days of the signing of the order.2. The facts of this case are somewhat extraordinary and illustrate how a suit can be kept pending for an indefinite length of time by clever manipulations. On the 9th of February 1938 the plaintiff respondent instituted a suit for a declaration that a partnership firm of which the appellant's father was alleged to be one of the partners, stood dissolved with effect from the 12th of April 1935 and for certain other reliefs. In that suit there were three defendants of whom the appellant's father was the third. For some reasons which do not appear from the materials before us, the suit remained undisposed of for eleven years in the first insta...
Kanailal Kundu Vs. Baidyanath Ghose and anr.
Court: Kolkata
Decided on: Sep-09-1960
Reported in: AIR1962Cal622
Amaresh Roy, J. 1. This is a creditor's appeal against an order directing that debtor's applicant under Section 34(1)(b)(ii) be heard on merits. The proceedings arose in Chandernagore. 2. Question in this appeal is whether an application under Section 34 of the Bengal Money Lenders Art, 1940, could be made for granting instalments for repayment of the loan at the stage of execution proceeding in respect of notary mortgage bond of which grosses copy had been 'granted on the 29th September, 1951. The learned Subordinate Judge before whom the application was made held that the application could not be entertained under Section 34 because in his view the grosses copy must be deemed to have the force of a Final Decree and the execution proceeding was not in respect of any decree other than a mortgage decree. 3. On appeal the learned District Judge held that the application for granting instalments could be made under Clause (b) of Sub-section (1) of Section 34. Against this decision the cre...
Mahaluxmi Bank Ltd. Vs. Registrar of Companies, West Bengal
Court: Kolkata
Decided on: Sep-07-1960
Reported in: AIR1961Cal666,[1961]31CompCas287(Cal),65CWN99
H.K. Bose, J.1. This is an appeal from an order of P. B. Mukharji, J. dated the 1,5th June, 1959 dismissing an application for confirmation of certain alterations in the object clauses of the Memorandum of Association of a company known as Mahaluxmi Bank Ltd.2. The appellant company was incorporated under the Indian Companies Act in 1910 as a company limited by shares to carry on inter alia the business of banking. On 27th February, 1950 by an order made by this Court a scheme of arrangement between the company and its creditors was sanctioned and by the said order the company was prohibited from receiving further deposits or to function as a bank until further orders from the Reserve Bank of India. The relevant portion of that order read as follows:'And it is further ordered that the said company shall not be entitled to receive further deposits or to function as a Bank until the Reserve Bank of India permits the said Bank to do so.'By a letter dated 20th August, 1953 the companyappli...
Union of India (Uoi) as Representing the East Indian (Now Eastern) Rai ...
Court: Kolkata
Decided on: Sep-06-1960
Reported in: AIR1961Cal542
Renupada Mukherjee, J. 1. The appellant of this appeal is the Union of India representing two Railway Administrations, namely, the East Indian Railway and the East Punjab Railway, which are now known respectively as the Eastern Railway and the Northern Railway. 2. The suit was originally instituted by the plaintiff-respondent who carries on business under the name and style of the Associated Commercial Corporation at 7, Swallow Lane, Calcutta, in the High Court for recovery of a sum. of Rs. 63,576/- as price of 883 cases of tinned bacon, each case containing 36 tins of two pounds each. The case of the plaintiff was that from out of a consignment of 3349 cases, the Railway Administrations could not give delivery of 883 cases. The facts of the case will appear in larger details in the body of the judgment. For want of jurisdiction the High Court passed an order dismissing the suit On 10th September, 1952 and on the same day the plaint was re-filed in the First Court of the Subordinate Ju...
Upendra Nath Dass and Sons Vs. T.C. Martin
Court: Kolkata
Decided on: Sep-05-1960
Reported in: AIR1962Cal69
ORDERG.K. Mitter, J. 1. This is an application for interim Injunction to restrain the defendant, his servants and agents from writing and/or publishing threats set out in the letter dated 18th of July 1960 being Annexure 'A' to the plaint herein, or other threats of like nature and import2. The suit was filed under the provisions of sec. 36 of the Indian Patents and Designs Act, 1911, which reads as follows : '36 Remedy in case of groundless threats of legal proceedings : Where any person claiming to have an interest in a patent by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the patent, any person aggrieved thereby may bring a suit against him in a District Court having jurisdiction to try the suit, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as he has sustained thereby, if the alleged infringement to which the threats r...
Jagadish Chandra Sikdar Vs. Sm. Santimoyee Choudhuri
Court: Kolkata
Decided on: Sep-02-1960
Reported in: AIR1961Cal321,65CWN113
B.N. Banerjee, J.1. This rule is directed against an order passed by the Third Bench of the City Civil Court, Calcutta, deciding an issue as to territorial jurisdiction of the Court against the defendant2. The defendant, Jagdish Chandra Sikdar and his sister Nanibala Kundu used to carry on business in partnership at Cuttack, under the name and style of Messrs. Graduate Friends. Jagdish Chandra's daughter was married to the plaintiffs son. Dispute arose between the parties above named, inter alia, over certain sums of money payable to the plaintiff out of the partnership business. The disputes were referred to arbitration and under the Award the plaintiff became entitled to receive a sum of Rs. 2500/- by way of principal and interest.3. According to the plaintiff, the defendant Jagdish Chandra Sikdar executed a promissory note for a sum of Rs. 2300/- in favour of the plaintiff, on October 1, 1936. The said promissory note, the plaintiff alleged, was executed in Calcutta within the juris...
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