Kolkata Court January 1961 Judgments
Sm. Kamala Bala Dassi and ors. Vs. State of West Bengal Through the Se ...
Court: Kolkata
Decided on: Jan-31-1961
Reported in: AIR1962Cal269,65CWN868
ORDERH.K. Bose, J.1. This is an application under Article 226 of the Constitution for an appropriate Writ for quashing or cancellation of an order of requisition made under the provisions of the West Bengal Land Requisition and Acquisition Act 1948.2. The petitioners are the owners of several Cadastral Survey plots of Mouza Kalna in police station Mirpur in the district of Burdwan. The proceedings under the West Bengal Act appear to have been taken in connection with a scheme to construct a new Sub-Divisional hospital at Kalna in collaboration with the Kalna Municipality. It is alleged in the petition that three of the petitioners, namely petitioners 2, 7 and 11, received a notice of requisition purported to have been issued under Section 3 of the West Bengal Land Requisition and Acquisition Act, 1948 on or about the 20th September, 1958. But such notice purports to have been issued by the Land Acquisition Collector, Burdwan although the order of requisition appears to have been made b...
Tag this Judgment!Sm. Susama Singh Vs. Sri Sailendra Nath Singh and anr.
Court: Kolkata
Decided on: Jan-27-1961
Reported in: AIR1961Cal373,65CWN412
Bhattacharya, J.1. This is a reference under Section 17 of the Indian-Divorce Act for confirmation of a Decree Nisi parsed by an Additional District Judge of Alipore in an application under Section 10 of the Indian Divorce Act filed by Sm. Susaina Singh against her husband, Sailendra Nath Singh, under Section 10 of the Indian Divorce Act for dissolution of their marriage.2. Both parties are Indian Christian and both are of Indian domicile. The parties were married at the Methodist Church, Dum Dum on 27th June, 1945. The marriage was consummated. The parties lived together as husband and wife for the last time on 24th August, 1950 at 3/1, Jannagar Second Lane at Entally within the jurisdiction of Alipore Court. The petitioner is now living at her father's place at 218, Lalji Shah Road, Dum Dura which also is within the jurisdiction of the Court of Alipore. The respondent contested the jurisdiction of the learned Additional District Judge who heard the application. But since both parties...
Tag this Judgment!Sekender Sheikh and anr. Vs. State
Court: Kolkata
Decided on: Jan-25-1961
Reported in: AIR1962Cal36
S.K. Sen, J. 1. This is a reference under Section 307 of the Criminal Procedure Code made by Sri P. Basu, Additional Sessions Judge, Mursbidabad, disagreeing with the majority verdict of guilty returned against the two accused Sekender S. K. who was charged under Section 467 I. P. C. and Hasibuddin Sk. who was charged under Section 467/109 of the Indian Penal Code. 2. The prosecution case was briefly as follows: One Kaimuddin Sk. who deposed in the case as P. W. 2 and is an old man of 90 or 100, has some landed property at Debkunda P.S. Beldanga. Out of his landed property, he transferred certain property by a registered deed of gift dated 5th November, 1956, to one Katama Bibi, a daughter of his pre-deceased daughter, the land concerned, being case plots Nos. 942, 946 and 947 of Mouza Debkundu. Abdul Hye husband of Katama Bibi, cultivated the plots on behalf of his wife after the execution, of the deed of gift. In 1958 however, Ali Hossain Sk. a son of Kaimuddin Sk. dispossessed Abdul...
Tag this Judgment!Lala Baijnath Prosad Vs. Lala Shyam Sunder
Court: Kolkata
Decided on: Jan-25-1961
Reported in: 1961CriLJ222
ORDERG.K. Mitter, J.1. This is an application by one Lala Baijnath Prosad, a decree-holder, for committal to prison of the respondent Shyam Sundar Agarwalla for contempt of Court for breach of an undertaking alleged to have been given by him and recorded in the order dated 22nd of September, 1959 whereby he undertook to pay to Messrs. Sarat Chandra Ghose and Co., Attorneys for the petitioner, a sum of Rs. 500/- per month as mesne profits by the first week of every month, the first of such payment to be made by the first week of October 1959, and deliver vacant possession of premises No. 6, Shibu Thakur Lane, Calcutta, to the petitioner on or before the 1st of October, 1960.2. The facts as laid in the petition are as follows. One Lala Pratap Chandra Agarwalla instituted suit No. 4 of 1926 in the Court of the Judge, Small Cause Court, Allahabad, for partition of the joint family business and properties belonging to the parties to the said suit, the petitioner being defendant No. 7 and th...
Tag this Judgment!Walford Transport Ltd. Vs. First Industrial Tribunal of West Bengal an ...
Court: Kolkata
Decided on: Jan-24-1961
Reported in: AIR1963Cal275,65CWN495
ORDERA.N. Ray, J.1. The petitioner Walword Transport Ltd. has Impeached the award of the First Industrial Tribunal. It was contended, first, that the decision of the Tribunal that car salesmen were workmen within the meaning of the term in the Industrial Disputes Act was erroneous and trial the Industrial Tribunal had no jurisdiction in the matter if the car salesmen were not workmen; secondly, it was contended that the decision of the First industrial Tribunal was barred by res judicata by reason of an earlier decision of another Industrial Tribunal between the petitioner company and its workmen where it had been held that car salesmen were not workmen doing manual or clerical work; thirdly, it was contended that the issue before the industrial Tribunal being whether termination of services of Sarbasri K, P. Chakravorty and D. N. Ghosh was justified and the Tribunal having come to the conclusion that the termination was justified the award of compensation was in excess of jurisdiction...
Tag this Judgment!Bhatkawa Tea Co. Ltd. Vs. Hem Ranjan Deb and ors.
Court: Kolkata
Decided on: Jan-20-1961
Reported in: AIR1961Cal395
ORDERD.N. Sinha, J.1. The facts in this case are shortly as follows: The petitioner is a company incorporated under the Indian Companies Act. The respondent No. 3 is an employee of the Rajabhat Tea Co. Ltd. and is at present employed as the Assistant Factory Supervisor of the Rajabhat Tea Estate, belonging to the said Rajabhat Tea Co. Ltd. The Managing Agents of both the said companies are Messrs. Mcleod and Co. Ltd. It is stated on behalf of therespondent No. 4 that the said Messrs. Mcleod and Co. Ltd. are also the Managing Agents of several other Tea Gardens in the Dooars belonging to different companies. In or about the year 1944, the management of the aforesaid Tea Estate, of which the said Messrs. Mcleod and Co, Ltd. are the. Managing Agents, compiled one register of all the members of the Indian clerical statf in all such gardens with a view to ensuring an equitable system of promotion, and the clerical employees of all the said gardens came to be treated as one body, from which,...
Tag this Judgment!Gairkhatta Tea Co. Ltd. and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-19-1961
Reported in: AIR1961Cal420,65CWN596,[1961(2)FLR477],(1961)IILLJ20Cal
D.N. Sinha, J.1. In these two applications, which have been heard together, the petitioners are, or represent, certain tea estates in West Bengal, which employ various classes of employees working in their respective tea plantations. The question that arises here is a question under the Minimum Wages Act, 1948 (Act XI of 1948), the object of which is to provide for fixing minimum rates of wages in certain employments. Under Section 3 of the said Act, the appropriate Government may, in the manner provided therein, fix the minimum rates of wages payable to employees employed in employments specified in the schedule to the Act. This schedule is from time to time altered. The Government can, by notification, fix the minimum rates of wages payable to such employees and may, from time to time, review the Minimum Rates of Wages so fixed, at intervals not exceeding five years. Section 3(3) (a) of the said Act is important and is set out below-'(3) In fixing or revising minimum rates of wages u...
Tag this Judgment!Ali HossaIn Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-19-1961
Reported in: AIR1961Cal482
ORDERSinha, J.1. The facts in this case are briefly as follows : The petitioner was born in Midnapore. Sometime in August 1949, he went to his married sister in East Pakistan. On or about 14th July, 1954 he obtained a Pakistani passport and having obtained the requisite visa he came to India on 8th August, 1954. He went back to East Pakistan on Or about 4th October, 1954 and came back to India on 10th December, 1957 after obtaining a second visa on his Pakistani Passport. He states in his petition that this time he came with the object of living in India. On or about the 4th February, 1958 he made an application to the Deputy Secretary, Home (Political) Department of the Government of West Bengal, a copy whereof is at page 16 of the annexure. Therein be stated that he continued to be an Indian citizen, although due to an unpardonable mistake which he had made in 'hot haste' he had to make himself a Pakistani citizen. He prayed for permission to live in India permanently and stated that...
Tag this Judgment!Nidhan Misra and anr. Vs. the State
Court: Kolkata
Decided on: Jan-17-1961
Reported in: AIR1962Cal173
Debabrata Mookerjee, J.1. The two appellants, Nidhan Misra and Sudasan Misra who are brothers have been convicted on a jury's unanimous verdict for murder and each sentenced to imprisonment for life.2. The case for the prosecution briefly stated was that there was a quarrel between the appellants their brothers, Kusadhaj and one Banamali on the one hand and Dandahar, the deceased man on the other. It is unnecessary to set out the details of that quarrel. There was definite unpleasantness on the 20th October, 1958 between them, but the parties were separated. The quarrel was revived the next day when it is said that the two appellants and the aforesaid Kusadhaj and Bonamali engaged in an attack on the deceased, which ended his life. The allegation is that after the first phase of the quarrel the parties were separated, when Banamali called in the deceased and the two appellants, Nidhan and Sudarshan approached with spears from different directions and struck him, one of them striking on...
Tag this Judgment!Kissen Gopal Nathani Vs. Murlidhar Chowdhury
Court: Kolkata
Decided on: Jan-17-1961
Reported in: AIR1962Cal581
U.C. Law, J. 1. This is an application under Section 21 of the Arbitration Act, 1940, for an order of reference in a pending Suit No. 1539 of 1956 of this Court. On 7th June, 1956 this suit was filed by Kissen Gopal Nathani against Murlidhar Chowdhuri and johurmul Jugalkishore for recovery of a certain sum of money. It appears that by a document in writing dated 3rd August, 1960 all the parties in this suit appointed Chiranjilal Mahuwalja as sole Arbitrator in respect of this suit and agreed to refer the dispute between them to him for arbitration. An unofficial translation of this document is annexed to the petition have directed the applicant to file an official translation of the document in due course. Kissen Gopal is now disputing this agreement. For the purpose of this application I shall assume (without deciding) that Kissen Gopal did enter into the aforesaid agreement and shall dealwith this application on that footing. On the strength of this document Muralidhar has taken out ...
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