Kolkata Court November 1962 Judgments
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Allan Mac Gregor Smith Forgie and ors. Vs. First Industrial Tribunal, ...
Court: Kolkata
Decided on: Nov-21-1962
Reported in: AIR1963Cal350,67CWN340,[1963(6)FLR116],(1963)ILLJ556Cal
ORDERB.N. Banerjee, J.1. The four petitioners and respondent No. 5 in Matter No. 287 of 1961 and the petitioners in Matter No. 38 of 1962 are Chartered Accountants and carry on business in partnership under the name and style of Lovelock and Lewes at No. 4 Lyon's Range, Calcutta.2. There arose a dispute between the partnership business and its employees represented by their Union (respondent No. 2, in Matter No. 287 of 1961, which is again respondent No, 3 in Matter No. 38 of 1962) over payment of bonus. The respondent State Government referred the dispute to the First Industrial Tribunal for adjudication, the issue being couched in the following language :'Whether the employees of Lovelock and Lewes are entitled to bonus? If so, what will be quantum of bonus for 1952/53 and 1953/54?'3. The petitioners took two preliminary objections to the effect (i) that as persons practising as Chartered Accountants they do not carry on an industry within the meaning of the Industrial Disputes Act a...
Ramanlal Madanlal Vs. Sm. Binapani Debi
Court: Kolkata
Decided on: Nov-21-1962
Reported in: AIR1963Cal479
P.B. Mukharji, J.1. This is an appeal under the Workmen's Compensation Act. The claimant is the mother of the deceased workman. He died from personal injuries received in an accident arising out of and in the course of his employment on the 29th May, 1955.2. The Commissioner for Workmen's Compensation found as a fact that the workman was employed by Messrs. Ramanlal Madanlal -- partners, Ramanlal Madanlal, the opposite party and that the deceased met with the accident arising out of and in the course of the employment. He negatived the contention raised before me that opposite party No. 2 Messrs. G. C. Das and Co. who was not served was the person really responsible for the employment of the deceased. The Commissioner's award was a direction and order upon Ramanlal Madanlal to pay to the claimant Rs. 1800/-.3. Mr. Sanyal appearing for the appellant Ramanlal Madanlal urged two points. One was a point of procedure and the other was a point of fact. Neither of these two points has any sub...
Aswini Kumar Khan and anr. Vs. the Corporation of Calcutta
Court: Kolkata
Decided on: Nov-21-1962
Reported in: AIR1963Cal460
Debabrata Mookerjee, J. 1. This appeal is from convictions under Section 16(1)(a)(i)/7(i) of the Prevention of Food Adulteration Act made by a Municipal Magistrate, Calcutta. Appellant Aswani Kumar Khan has been sentenced to pay a fine of Rs. 2,000/-, in default to suffer simple imprisonment for three months; the other appellant Satish Chandra Pat has been sentenced to two months' rigorous imprisonment and to pay a fine of Rs. 200/-, and in default of payment of the fine he has been sentenced to a further term of rigorous imprisonment for one month.2. The two appellants Aswani and Satish are owner and seller respectively of an Oil Stores at 49, Strand Road, Calcutta. Aswini carries on business on wholesale basis in mustard oil and other kinds of edible oil including groundnut oil. Appellant Satish is employed as the seller in the business.3. On the 5th of August, 1959, a Food Inspector of the Municipality visited the shop and took two samples one each of mustard oil and groundnut oil. ...
A.H. Magermans Vs. S.K. Ghosh
Court: Kolkata
Decided on: Nov-20-1962
Reported in: AIR1963Cal369,1963CriLJ9,67CWN206
B.N. Banerjee, J.1. The petitioner, A.H. Magermans, is a Belgian national. He arrived in India, on November 23, 1947, with a Belgian Passport and a Visa for India issued by the Visa section of the British Embassy, at Brussels. The visa was issued either at the request of the Head of the Catholic Church St. Michael of Brussels (as stated in the affidavit-in-opposition, affirmed by Ajoy Kumar Dey, Inspector of Police Security Control) or at the request of the Head of the Society of Jesus, residing at St. Michael's College, Brussels (as the petitioner affirms), in order to enable the, petitioner to take up missionary work in India. After arrival in India, the petitioner did some work connected with the Jesuit Mission at Calcutta and Ranchi and thereafter severed his connection with the Mission, in or about February 3, 1952, and adapted himself to secular life. The fact of this severance was brought to the notice of the officer-in-charge of the Department of Registration ofForeigners, in C...
Calcutta Dock Labour Board Vs. Bonomali Mahanti
Court: Kolkata
Decided on: Nov-19-1962
Reported in: (1968)ILLJ234Cal
P.N. Mookerjee, J.1. Two questions - both of sufficient intricacy and importance-are involved in this appeal, which arises out of a said for inter ail certain declaratory relieves against a declaration, made by the Chairman, Calcutta Dock Labour Board, and consequential relief's in the shape of appropriate injunction.2. The plaintiff, whose suit has been decreed by the Court below and who is the contesting respondent before as, was a registered dock worker in the reserve pool of the Calcutta Dock Labour Board. His employment was governed by the Calcutta Dock Workers (Regulation of Employment) Scheme, 1956, framed under Dock Workers (Regulation of Employment) Act, 1948. On 2 March 1959, appellant 2, Chairman, Calcutta Dock Labour Board, made the following declaration under Clause 46(1) of the Calcutta Dock Workers (Regulation of Employment) Scheme aforesaid:Whereas the undersigned is satisfied that a ' go-slow ' has been resorted to by some gangs of registered dock workers and some indi...
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