Kolkata Court June 1961 Judgments
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Madan Shaw Vs. the State and ors.
Court: Kolkata
Decided on: Jun-06-1961
Reported in: AIR1962Cal122
Lahiri, C.J.1. The petitioner was ordered to be detained for a period of one year under the Preventive Detection Act, 1950. He challenged the validity of the order of detention by an application to this Court under Section 491 of the Code of Criminal Procedure. A Division Bench of this Court has dismissed that application by a judgment delivered on April 17, 1961. Against the order of the Division Bench the petitioner seeks to take a further appeal to the Supreme Court under Article 134(1)(c) o the Constitution.2. The petitioner filed an application for a certified copy of the judgment of the Division Bench on May, 9, 1981, and the certified copy was made ready for delivery to the petitioner on May 12, 1961. Thereafter the petitioner's son affirmed an affidavit in support of the petition on May 20, 1961, and the petition was actually filed in Court on May 25, 1961. At the time of the affirmation of the affidavit the filing clerk fixes a stamp on every petition, and there is a similar s...
Amritalal Mullick Vs. Sesh Prokash Mullick and ors.
Court: Kolkata
Decided on: Jun-05-1961
Reported in: AIR1962Cal8
ORDERP.C. Mallick, J.1. This is an application for addition of parties and for amendment of the plaint. The suit is instituted by two sons of Dilal Chand, a predeceased son of Gour Mohan for construction of the Will of Gour Mohan, for a declaration of their right to immediate possession, for partition and for other reliefs. The parties impleaded as defendants are the two executors of the Will of Gour Mohan, the surviving sons of Gour Mohan and their respective wives, a widow of the deceased son and another son, Bholanath who is no longer in the family having been given in adoption in the Law family. The defendants other than the executor defendants are life annuitants. Under the Will the estate, is left to the grandsons after the death of their respective fathers. Inasmuch as part of the estate of Gour Mohan which is the subject matter of this suit, is situate outside the jurisdiction of this court, the suit has been instituted after obtaining leave under Clause 12 of the Letters Paten...
Kuber Nayek Vs. the State
Court: Kolkata
Decided on: Jun-02-1961
Reported in: AIR1962Cal195,66CWN47
1. This appeal is by a person who has been dealt with by the learned Additional Sessions Judge of Midnapore under Section 480 Cri. P. C. and convicted and sentenced under Section 179 I. P. C. and sentenced to pay a fine of Rs. 100/-(one hundred) only, in default to suffer rigorous imprisonment for a period of three weeks. The present appellant was a prosecution witness in a sessions trial in which 7 (seven) persons were being tried for alleged offences under Section 302/149 and 148 I. P. C. with the aid of 9 jurors. That trial commenced on 16th AUGUST 1960, and on the 17th AUGUST 1960 THE PRESENT APPELLANT Kuber Nayek was examined as the 4th witness for the prosecution. It appears from the Order-sheet of that sessions trial No. IV of 1960, that during the cross examination of this witness, the learned lawyer for the defence in the case filed a petition stating that the prosecution lawyer was putting and leading suggestive questions to the witness and prayed for passing necessary orders...
Dilip Kumar Ghosh Vs. State
Court: Kolkata
Decided on: Jun-02-1961
Reported in: AIR1962Cal417
Lahiri, C.J. 1. The petitioner who asks for a certificate under Article 134(1) (c) of the Constitution was placed on his trial on a charge under Section 366 of the Indian Penal Code and tried by the Assistant Sessions Judge of 24-Paraganas with the help of a jury. As a result of the trial the jury brought in unanimous verdict of not guilty in favour of the petitioner and the learned Judge accepting the said verdict acquitted him. Against the order of acquittal one Indu Bhusan Roy Choudhury who describes himself as the father of the girl alleged to have been abducted filed a petition under Section 430 of the Code of Criminal Procedure in this Court for setting aside the order of acquittal and obtained a Rule. The Rule was heard by a Division Bench which by a judgment dated January 25, 1961, has set aside the order of acquittal and directed that the petitioner be retried by an Additional Sessions Judge to be selected by the Sessions Judge of 24-Paraganas. Against this order of the Divisi...
Biswanth Ghose and ors. Vs. Deb (H.R.) and ors.
Court: Kolkata
Decided on: Jun-01-1961
Reported in: (1962)IILLJ452Cal
B.N. Banerjee, J.1. The Corporation of Calcutta employs certain contractors, who are called 'sardars,' for maintaining in proper condition the filter-beds in the Falta Waterworks belonging to the said corporation. The petitioners are three such 'sardara.' It was part of their contract to remove silt and sand from the filter-beds and refill the same according to the specifications laid down by the corporation. The petitioners in their turn employ a force of labour consisting of certain coolies and workers. As there is no guaranteed supply of work, and the volume of work varies from season to season, the employment of labour is casual and varies from time to time. The grievance of the labourers or coolies employed by the 'mrdars,' like the petitioners, was that being employed by independent contractors, they did not get the same terms and conditions of employment or amenities that they would have got, had they been employed directly by the corporation. This grievance raised an industrial...
Metal Press Works Ltd. Vs. Deb (H.R.) and ors.
Court: Kolkata
Decided on: Jun-01-1961
Reported in: (1962)ILLJ75Cal
D.N. Sinha, J.1. The facts in this case are shortly as follows: The petitioner, Metal Press Works, Ltd., owns and runs a factory at premises No. 156, Victoria Road, Baranagore, in the suburbs of Calcutta. The respondents 2 to 5 were employed therein as (1) fitter, (2) welder, (3) solder man and (4) press man, respectively. By an order of reference, dated 11 July 1858 made under Section 10 of the Industrial Disputes Act, 1947, the Government of West Bengal referred certain disputes between the petitioner and its workmen, for adjudication of the second labour court, being respondent 1 herein. According to the petitioner, respondents 2 to 5 were guilty of various unlawful and subversive activities, viz., instigating and inciting other workmen to disobey the lawful and reasonable orders of the management, creating hooliganism inside the factory Staging demonstrations, etc. On or about 24/27 February 1958, charge-sheets were issued to the said respondents by the management. Thereafter, an e...
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