Kolkata Court July 1961 Judgments
S.K. Mukherjee Vs. Chemicals and Allied Products, Export Promotion Cou ...
Court: Kolkata
Decided on: Jul-31-1961
Reported in: AIR1962Cal10,65CWN1172,[1961(3)FLR404],(1962)ILLJ475Cal
ORDERD.N. Sinha, J. 1. The facts in this case are shortly asfollows: The petitioner was employed as a stenographer by the 'Chemicals and Allied Products Export Promotion Council' some time in March 1959. The letter of appointment is dated 26th March, 1959, copy whereof is Annexure A-1 to the petition. It will show that the appointment was to be governed by the service rules of the Council as might be enforced from time to time. The petitioner was to be on probation for a Period of six months. He was confirmed in service on or about 18th May, 1.960 with effect from 1st May, 1960. On the 1st November, 1960 he received a letter from the Secretary of the said Council, copy whereof is Annexure A-3 to the petition. It is stated in the letter that the petitioner's services were no longer required by the Council and would stand terminates with effect from 2nd November, 1960. He was to be paid Rs. 270/-, being one month's salary in lieu of a month's notice of termination of service. The petitio...
Tag this Judgment!Anukul Chandra Mondal Vs. Commissioner of Income Tax and ors.
Court: Kolkata
Decided on: Jul-27-1961
Reported in: AIR1962Cal3,[1961(3)FLR391]
ORDERD.N. Sinha, J.1. The petitioner in this case was appointed sometime in 1950, as an Upper Division Clerk in the Income Tax Department, West Bengal, by the Commissioner of Income Tax, West Bengal. Thereafter, his services were transferred to Calcutta and he was posted under the Inspecting Assistant Commissioner of Income Tax, Range II, who is under the Commissioner of Income Tax, Calcutta. On or about 20th March 1957 he was served with a charge-sheet containing two charges. The first charge was that while working as an assessment clerk attached to the 5th A.I.T.D. C.D.11, he alone or in collusion with the notice-server of that office, with a view to helping the assessee, Narsi Purusottam and Co., recorded the issue of notice under Section 34(1)(a) relating to the assessment year 1945-46 on 27-3-54, both in his Issue Register and in the order sheet of the assessee's file, but retrained from effecting its service. With the same object, he also failed to report the non-service of the n...
Tag this Judgment!Sardar Jaswant Singh Vs. Board of Secondary Education and ors.
Court: Kolkata
Decided on: Jul-26-1961
Reported in: AIR1962Cal20,65CWN1132
ORDERSinha, J. 1. In this application we are concerned with the affairs of the Khalsa High School which is situated at 73, Paddapukur Road in the city of Calcutta, the affairs thereof are in the hands of a Managing Committee and it is not disputed that such affairs are subjected to and governed by, the provisions of the West Bengal Secondary Education Act, 1950. In the application, numerous facts have been stated, condemning the administration of the School by the Managing Committee and particularly the conduct of the respondent No. 3, Sri G.S. Grewal, who has been described as the Vice-President of the Managing Committee, in my opinion, however, it is not necessary to go into any such facts. The scope of this application lies in a very small compass and is as follows: The petitioner was employed as an Assistant Teacher in the saidSchool, and at the relevant time the respondent No. 3 was the Vice-President of the Managing Committee. On or about the 3rd August, 1959 the said Vice-Presid...
Tag this Judgment!Suprasad Mukherjee Vs. State Bank of India and anr.
Court: Kolkata
Decided on: Jul-26-1961
Reported in: AIR1962Cal72,[1962]32CompCas10(Cal),65CWN1101,[1961(3)FLR425],(1961)IILLJ736Cal
Sinha, J. 1. The facts in this case arc shortly as follows : The petitioner was previously employed under the Imperial Bank of India, which has now become the State Bank of India, At the relevant time, he was employed as a Money-Teller or Money-Tester, in the branch of the State Bank of India at Howrah. On the 22nd October, 1956 he was suspended by the Agent, State Bank of India, Howrah and in January, 1957 he was served with a chargesheet. I shall mention briefly what the charges were about. It is a practice of the Howrah Branch of the State Bank for currency notes to be sorted in packets of various denominations, stitched together with a slip known as a 'poddar' slip, signed by the Cashiers or Money tester. These bundles contain notes aggregating to rupees one hundred in each bundle and where there is a shortfall) they are re-adjusted by transferring notes from one bundle to another. When the notes become dirty, they are sent to the currency for being changed into clean notes. During...
Tag this Judgment!Anadi Mohon Ghose and ors. Vs. Rabindra Nath Dutta and ors.
Court: Kolkata
Decided on: Jul-20-1961
Reported in: AIR1962Cal265,65CWN1165
Bachawat, J. 1. This second appeal arises out of a suit for ejectment between landlord and tenant The appeal raises questions as to the limits of the power of transfer by the District Court under Section 24 of the Code of Civil Procedure, 1908. The secondappeal has been referred by the learned single Judge to the Division Bench for disposal.2. On September 4, 1953 Shri T. M. Mukherji, the First Additional Muinsif, Sealdah decreed the suit. On the 24th November, 1953, the tenant preferred from this decree Title Appeal No. 1176 of 1953 to the Court of the District Judge, 24-Paraganas. On the 24th May, 1954 the District Court transferred the appeal to the Court of Sri Mullinath Mukherjee, an Additional District Judge 2nd Special Court of 24-Paraganas. On the 28th May, 1954, Sri Mullinath Mukherjee allowed the appeal, set aside the decree for ejectment and remanded the suit to the Trial Count for a fresh decision after framing an issue on the question of the minority of the plaintiffs Nos....
Tag this Judgment!Wong Chit Khaw Vs. Additional Collector of Customs and ors.
Court: Kolkata
Decided on: Jul-20-1961
Reported in: 1962CriLJ317
ORDERD.N. Sinha, J.1. This is an application for the issue of a writ in the nature of certiorari quashing and or setting aside the order made by the Additional Collector Of Customs, Calcutta, by which he has proceeded under Section 167(8) of the Sea, Customs Act read with Section 23-A of the Foreign Exchange Regulation Act, and has ordered the confiscation of 23 bars of gold mentioned in the said order, and has also imposed a personal penalty of Rs. 20,000/- on the petitioner. The facts in this case are disputed. The case made by the respondent is as follows; Sometime in August, 1958, an information was received by the Detective Department of the Calcutta Police that two Indian nationals, by the name of Sitaram Agarwala and Bholanath Gupta were going to purchase a quantity of Chinese smuggled gold. On. the 25th August, 1958, a constable shadowed these two persons when they made a journey By a public bus and took up their position on the western portion of Jatindra Mohan Avenue, near th...
Tag this Judgment!Gopal Chandra De Vs. State of West Bengal Through the Chief Secretary ...
Court: Kolkata
Decided on: Jul-19-1961
Reported in: AIR1962Cal183
P.B. Mukhakji, J. 1. This is an appeal from the judgment and order of G. K. Mitter, J. dismissing the petitioner Gopal Chandra De's application under Article 229 of the Constitution for a writ to quash the order of the Appellate Sub-Committee of the State Transport Authority, West Bengal Burdwan, dated July 2, 1959. 2. The petitioner applied for the permit of a stage carriage for Midhabpur--Masagram route in Burdwan. The Regional Transport Authority, Burdwan, granted permit to the petitioner and refused the application of respondents 4 and 5 Kebal Chandra Paul and Sachitananda Paul. The oider of the Regional Transport Authority made on August 16, 1958 reads as follows : ''Sl. No. 6 (respondents 4 and 5) has got permits for two Trucks and serial No. 7 (appellant) holds a bus route permit of this region. It is found that Sl. 7's (appellant's) grandfather used to possess this route, but owing to some difficulty of his own he preferred to surrender it The R.T.A. considered his claim as pre...
Tag this Judgment!Amitava Mukherjee Vs. Principal, Bengal Engineering College and ors.
Court: Kolkata
Decided on: Jul-18-1961
Reported in: AIR1962Cal93,65CWN1014
B.N. Banerjee, J.1. The petitioner was a student of the Bengal Engineering College, studying for the Bachelor of Engineering (B.E.) degree examination.2. Under Chapter LI, Section 11 of the Regulations of the University of Calcutta, every candidate for the B. E. Part I Examination has to submit to an examination in the following subjects :SUBJECTS FULL MARKS'(i)English, Current Orientation and Civics. . .100(ii)Engineering Physics (Paper). . .100(iii) Do (Sessional & Practical). . .100(iv)Engineering Chemistry (Paper). . .100(v) Do (Sessional & Practical). . .100(vi)Mathematics, Paper I. . .150(vii)Mathematics, Paper II. . .100(viii)Surveying (Paper). . .100(ix) Do (Sessional & Practical). . .100(x)Details of Construction & Estimating. . .100(xi)Drawing (Paper). . .100(xii) Do (Sessional). . .100(xiii)Heat Engines, I (Paper). . .100(xiv) Do (Sessional). . .50(xv)Applied Mechanics, I and Graphics (Paper). . .100(xvi) Do (Sessional). . .50(xvii)Electro-Technology (Paper). . .100(xviii) D...
Tag this Judgment!Bijoy Gopal Sur Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-14-1961
Reported in: (1962)IILLJ530Cal
B.N. Banerjee, J.1. The petitioner, a medical man, was appointed on 1 August 1949, as an assistant health officer of the Howrah municipality, in charge of conservancy work. He had also to inspect, amongst other things, vaccination work, maternity work and other works.2. In or about May or Jane 1953, the petitioner fell ill and his particular illness was a disease known as writers' cramp. Under medical advice he applied for leave for one month, commencing1 from 3 July 1953 which was granted. The petitioner did not get round during the period of his leave and under medical advice applied for an extension of the leave by two months. His application was again granted by the municipality and he was allowed leave up to 2 October 1953. On 3 October 1953, the petitioner asked for permission to rejoin his duties, alleging that be was cured of his malady. He was asked by municipality to submit himself for examination by the Civil Surgeon of Howrah. The Civil Surgeon, however, held a different op...
Tag this Judgment!P.B. Shah and Co. and ors. Vs. Chief Executive Officer and ors.
Court: Kolkata
Decided on: Jul-11-1961
Reported in: AIR1962Cal283,65CWN1128
Bachawat, J. 1. This is an appeal from an order rejecting the plaint in a suit. The plaintiffs claim to be the occupiers of premises No. 34, Netaji Subhas Road, Calcutta. The plaintiffs challenge the validity of an order of demolition of the premises in question passed on the 28th April, 1958, by the then Commissioner, Corporation of Calcutta. There are seven defendants to the suit. The first defendant is described as the 'Chief Executive Officer, Corporation of Calcutta working for gain at No. 5, Surendra Nath Banerjee Road, Calcutta'; the third defendant is described as the 'City Architect, Corporation of Calcutta working for gain at No. 5, Surendra Nath Banerjee Road, Calcutta''; the second defendant is the Corporation of Calcutta. The plaint asks for a perpetual injunction restraining the defendants Nos. 1 to 3, their servants or agents from giving effect to the aforesaid order of demolition dated the 28th April, 1958. The plaintiffs obtained from the Trial Court a temporary injunc...
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