Kolkata Court March 1961 Judgments
Monoranjan Roy Vs. Gadadhar Mandal
Court: Kolkata
Decided on: Mar-29-1961
Reported in: AIR1962Cal98,65CWN905
ORDERDebabrata Mookerjee, J.1. This Rule raises the question whether an order for costs may properly be made against an accused in terms of Section 344 of the Code of Criminal Procedure on the ground of wilful absence from court.2. On the 7th of June, 1960 the complainant opposite party Was in attendance in court with his witnesses when on behalf of the accused petitioner an application supported by a medical certificate was filed, stating that he had been suffering from illness which prevented him from attending court that day; a prayer was, accordingly, made for adjournment of the case. The petition was challenged on behalf of the opposite party and it was asserted that the petitioner had deliberately kept away from court and procured a false medical certificate in support of his pretended illness. It was prayed on behalf of the opposite party that the petitioner might be directed to be examined by a competent doctor, and the fees for such examination were at once deposited in court....
Tag this Judgment!Purnendu Bikash Maity Vs. Chairman, District Board, Midnapore and ors.
Court: Kolkata
Decided on: Mar-28-1961
Reported in: AIR1963Cal74
ORDERG.K. Mitter, J.1. This is an application under Article 226 of the Constitution for the issue of a writ in the nature of mandamus directing the opposite party No. 2, District Magistrate, Midnapore, to register a number of ferry boats maintained and/or to be maintained by the petitioner for running a private ferry from Bamanchak in the district of Midnapore to different places in the district of 24-Parganas, namely, Kakdwip and other places, for a similar writ directing the opposite parties Nos. 2 and 4 to cancel the order dated June 16, 1958 in Ferry miscellaneous case No. 1 of 1958 and for other reliefs.2. The respondents are (i) the Chairman, District Board, Midnapore, (2) the District Magistrate, Midnapore, (3) the District Magisrate, 24-Parganas and (4) the State of West Bengal. The petitioner is a citizen of India claiming to be carrying on the business of a private ferry from Bamanchak to Kakdwip on tidal navigable rivers which flow into the Bay of Bengal. He asserts that his...
Tag this Judgment!Dr. Sailendra Nath Sinha Vs. Jasoda Dulal Adhikari and ors.
Court: Kolkata
Decided on: Mar-28-1961
Reported in: AIR1962Cal490
ORDERAmaresh Roy, J.1. This Rule was issued upon an application tor Revision made On behalf of an accused person in a case which is now pending in the Court of a Presidency Magistrate and raises a question about the admissibility of books of account and documents produced on behalf of the Official Liquidator and also the manner of proof of the entries in those books of account and documents. A short history of the proceeding will be necessary for appreciation, of the points raised and decision thereon, in a liquidation proceeding of a banking company of the name of Bank of Commerce, Limited an order for winding up was made by this Court on 7-8-1950, and in course of that proceeding Mr. G. K. Dutt, Bar-at-Law was appointed Liquidator. On 7th September, 1950, Official Receiver was appointed the Official Liquidator in place of Mr. G. K. Dutt. Thereafter an order under Section 179 of the Indian Companies Act, 1913, was made by Bachawat, J., on 15th January,1951 authorising the Official Liq...
Tag this Judgment!Nathmal Kajaria and ors. Vs. Ram NaraIn Rathi
Court: Kolkata
Decided on: Mar-28-1961
Reported in: 1962CriLJ809
ORDERDebabrata Mookerjee, J.1. This is a composite application under Article 227 of the Constitution and Section 439 of the Code of Criminal Procedure challenging a conviction under Sec, 31 of the West Bengal Premises Tenancy Act, 1956 and an order of restoration of electric connection to tile opposite party's premises.2. The opposite party Ram Narain Rathi is a monthly tenant in respect of a room in premises No. 15/1 Sovaram Basak Street, Calcutta under the petitioner Nathmal Kajaria who is said to be a partner of the petitioner, the firm of Nathmal Dwarkadasi, Petitioner Ram Kishore Dubey is a durwan looking after the properties of his employers, the other two petitioners.3. The allegation 1st that on a stated elate the electric supply to the opposite party's premises was disconnected by the petitioners Nathmal Kajaria and Ram Kishore.4. An application under Section 31 of the West Bengal Premises Tenancy Act, 1956 was made before the Controller complaining of disconnection of electri...
Tag this Judgment!Union of India (Uoi) Vs. S.N. Das and Brothers (Private) Ltd.
Court: Kolkata
Decided on: Mar-24-1961
Reported in: AIR1962Cal82
ORDERP.C. Mallick, J. 1. This is an application under Section 20 of the Arbitration Act for filing an arbitration agreement. The arbitration clause in the contract between the parties is the usual arbitration clause. It is set out in extenso in paragraph 2 of the petition. The arbitration clause provides that the disputes shall be referred to the sole arbitration of the Director-General of Supplies and Disposals or some other person appointed by him. Disputes between the parties arose and by a notice under Section 80 of the Code of Civil Procedure dated December 14, 1959, the defendant intimated its intention to institute a suit for the recovery of the amount claimed in the notice, A copy of this draft plaint was annexed to the notice. The claim in dispute relates to three contracts. In answer to this letter, the Government reminded the defendant by its letter dated March 28, I960, that there was an .arbitration clause in the contract and the disputes were liable to be adjusted by arbi...
Tag this Judgment!Raja Jagadish Chandra Deo Dhabal, Deb Vs. Commissioner of Income-tax, ...
Court: Kolkata
Decided on: Mar-23-1961
Reported in: [1962]44ITR842(Cal)
P.B. MUKHARJI J. - This is an income-tax reference under section 66(1) of the Income-tax Act. The question of law raised in the statement of the case is as follows :'Whether on the facts and in the circumstances of this case, the income from sale of sal trees in the forests of the assessee was agricultural income within the meaning of section 2(1) of the Income-tax Act ?'The assessee is Raja Jagadish Chandra Deo Dhabal Deb of Chilkigarh. He had income from sale of sal trees grown in his sal forests. He claimed that this income was agricultural income as defined in section 2(1)(b)(i) of the Income-tax Act. It is also asserted by the assessee that he was assessed to agricultural income-tax on this forest income in 1944-1945 and later on a reference under the Bengal Agricultural Income-tax Act, the Calcutta High Court in the case reported in Commissioner of Agricultural Income-tax v. Raja Jagadish Chandra Deo Dhabal Deb [[1949] 17 I.T.R. 426.], held that he was rightly so assessed under t...
Tag this Judgment!Union of India (Uoi) Vs. Benode Kumar
Court: Kolkata
Decided on: Mar-22-1961
Reported in: AIR1962Cal48,65CWN727
Banerjee, J.1. The plaintiff, who is the respondent, claims to be a business man in stationery and toilet goods. He came to court with the case that, on June 9, 1951, he purchased a Railway Ticket from Bombay (Victoria Terminus) to Howrah and booked his luggages, consisting of nine cases of toilet goods. He paid the proper freight for the luggages and obtained luggage. Ticket No. 4919/9, dated June 9, 1951. According to the plaintiff the luggages were to be carried by 1 down train, leaving Bombay on June 9, 1951. Plaintiff alleged that the Railway Administration failed to deliver the luggages at Howrah Station and thus failed to perform its contractual obligation. The plaintiff claimed that he suffered a loss of Rs. 16,767-8-0 as detailed below:9 cases toilet goods etc.weighing20 maunds 24 seers valued at. . .Rs. 15,000-0-0Freight etc.. . .. . .. . .Rs. 267-8-0Loss of Profit at 10%. . .. . .Rs. 1,500-0-0 Total claim. . .Rs. 16,767-8-02. In the aforesaid circumstances the plaintiff i...
Tag this Judgment!Radhashyam Guha Roy Vs. Choudhury Sri Hari Pada Datta and anr.
Court: Kolkata
Decided on: Mar-22-1961
Reported in: AIR1962Cal100
Banerjee, J.(In this case two suits were brought on the basis of a surrender deed executed by a Hindu widow. The defendants attacked the validity of the deed of surrender. The trial court and the lower appellate Court rejected the contention and held the surrender deed to be valid, and decreed the suits. The defendants filed the present second appeals.The judgment begins with a narration of the facts of the case. AS these facts are not necessary for the purpose of understanding the discussion on law in the judgment, the facts are omitted here. After narrating the facts, His Lordship proceeded :)18. It was contended before us, in the first place, that the deed Ext. 1, taken as a deed of Surrender, must be treated as a void document because it was not a surrender of the entire life-estate held by the two widows, Kadambini and Sitamoni. Inspiration was drawn, in support of this branch of argument, from Ext. A, the sole-nama in Money Suit No. 382 of 1907, in which there was a statement to ...
Tag this Judgment!M.L. Dalmiya and Co. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Mar-22-1961
Reported in: AIR1963Cal277
P.C. Mallick, J. 1. A special case has been stated by the arbitrator in the above arbitration proceedings for the opinion of the Court on a question of law. The question of' law referred is whether certain claims made by M. L. Dalmiya and Co., the claimant in the above proceedings against the Government is barred by limitation. 2. The contractor's claims arise out of three contracts evidenced by the three tenders all of 1943 and duly accepted by the Government. The terms and conditions are usual as in Government Contracts in standard form. Reference to the terms will have to be made later. The contractor from time to time submitted running bills which were paid after certain deductions and recoveries were made. The running bills were submitted and payments were made in 1943, 1944 and 1946. Though the works under the contracts were actually completed as far back as September 15, 1943, no completion certificate was given to the contractor signifying that the works should be deemed to hav...
Tag this Judgment!Sudhir Ranjan Halder Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-22-1961
Reported in: AIR1961Cal626,65CWN607,[1961(3)FLR98],(1961)IILLJ283Cal
Banerjee, J. 1. The plaintiff Sudhir Ranjan Halder, who is the appellant before us, obtained an appointment as a lower division clerk, under the then Government of Bengal, on April 15, 1944. At the time material to the suit, out of which this appeal arises, however he was serving as a Sub-Inspector of Rationing, under the Rationing Officer, Bhowanipur Sub-Area, Calcutta.2. On October 31, 1947, the residence of the plaintiff at 13A, Gangaprosad Mukherjee Road, Bhowanipur was searched by the men of the Enforcement Department, who seized a number of Ration Cards and cloth folders allegedly from the possession of the plaintiff. Thereupon, the plaintiff was arrested by the Police on the ground of wrongful and illegal possession of the said cloth folders and ration cards.3. By an order. Exhibit 2(a), dated November 4, 1947, the Joint Controller of Rationing suspended the plaintiff, with effect from the date of the order, on the ground of his arrest by the Enforcement Branch. The aforesaid or...
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