Kolkata Court December 1962 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Radha Raman Dhar Vs. the State
Court: Kolkata
Decided on: Dec-13-1962
Reported in: 1963CriLJ818
ORDERN.K. Sen, J.1. The petitioner is a muktear and was appearing: on behalf of the defence in a certain case pending Senra Sri C. Samaddar, Magistrate, 1st Class, Ranaghat. the case was fixed for 31st of July, 1962 for cross-examination or certain witnesses. On this date the prosecution filed a-hajira showing the attendance of 10 or 11 prosecution witnesses. The learned Magistrate then announced that the case would foe continued from day to day, that is, from the 1st of August, 1962, to the 9th of August, 1952, when only one witness would be examined and cross-examined on each day. On the following day the petitioner muktear filed an application praying that the Court should examine at least four witnesses a day so that the purpose of cross-examination would not be defeated. It was stated that the Court's order was arbitrary and unreasonable tron the stand point of law and justice.2. The learned Magistrate thought that by stating that the order was 'arbitrary and unreasonable from the...
Mt. Hasbannessa Vs. Quazi ZahiruddIn Mohammad Babar
Court: Kolkata
Decided on: Dec-11-1962
Reported in: AIR1964Cal61,67CWN504,[1963(6)FLR144]
P.B. Mukharji, J. 1. This is an appeal under the Workmen's Compensation Act. The appellant is the widow of the workman called Abdul Rahaman. Abdul Rahaman, the Workman, who was a driver of a taxi cab, met with an accident on the 17th August 1957 and he died as a result of that accident. On or about the 17th August, 1957 at the time of the accident he was driving a taxi being taxi cab No. WBT 1558 owned by the opposite party Qazi Zahirirddin Mohammad Babar. It is said that while he was driving the said taxi, he lost control and in the consequence the taxi dashed against a road-side tree injuring the deceased workman seriously and leading ultimately to his death. 2. The Commissioner of Workmen's Compensation, who heard the case, decided in favour of the opposite party and came to the conclusion that the deceased was not a workman employed by the opposite party within the meaning of Workmen's Compensation Act and, as such, no compensation was payable. 3. The appeal raises a short but impo...
Juggilal Kamlapat Vs. Commissioner of Income-tax, West Bengal.
Court: Kolkata
Decided on: Dec-11-1962
Reported in: [1964]53ITR351(Cal)
SINHA J. - This is a reference under section 66(1) of the Income-tax Act. I will presently state certain facts which will show that this reference has had an amazing career. In spite of the fact that it was referred back to the Appellate Tribunal on two occasions by this High Court, the matter is still not on a satisfactory footing. In fact, we were strongly tempted to send it back again for a third time, but we agree with the submission made on behalf of the parties that the matter has lingered long enough and further extending its life would be tantamount to a miscarriage of justice. The facts are briefly as follows : The three Singhania brothers, Sir Padampat Singhania, Kamlapat Singhania and Lakshmipat Singhania carry on business at Kanpur under the name and style of Messrs. Juggilal Kamlapat. They have branches at various places. One such branch was a partnership business in hosiery carried on by the three Singhania brothers together with one Jhabarmal Saraf, at Belur near Calcutt...
Triegi Nath and ors. Vs. Indian Iron and Steel Company Ltd. and ors.
Court: Kolkata
Decided on: Dec-07-1962
Reported in: (1963)IILLJ158Cal
B.N. Banerjee, J.1. The petitioners, who are forty-one in number, are workmen under respondents 1 and 2 companies. They were once dismissed from service. In an industrial adjudication before the fifth industrial tribunal, there was an award in their favour reinstating them in service and also directing payment ofcompensation to them, for the period of their enforced unemployment, in the following terms:Accordingly I award that these men ...would get half salary for the entire period from 2 October 1953 up to date of their actual return to duties after the award.2. The award was published on 19 September 1955. The petitioners say that they offered to resume their duties immediately or shortly thereafter, but they were not allowed to rejoin in the circumstances hereinafter stated.3. The respondents 1 and 2 companies appealed against the award to the Labour Appellate Tribunal and obtained a stay of the operation of the award, on 14 March 1956. The appeal before the Appellate Tribunal was ...
Hotchand Lilaram Mirpuri Vs. the State
Court: Kolkata
Decided on: Dec-06-1962
Reported in: 1963CriLJ443
ORDERN.K. Sen, J.1. This Rule is directed against an order of conviction of the petitioner under Section 5 of the Imports and Exports (Control) Act, 1947. He was sentenced to pay a fine of Rs, 200/-, in default, to undergo rigorous imprisonment for six weeks. At the trial there was a further, charge against him under Section 167 (81) of the Sea Customs Act, but he was acquitted of the same.2. The allegations, on which the two charges mentioned above were founded, were as follows:3. On the 25th July, 1961 the petitioner, who was the holder of a valid passport, arrived in Calcutta with Mis wife and minor child by M, V. Santhiya from Djkarta. On examination of his baggages by the customs officials he was found to have in his possession miscellaneous consumer goods and jewellery in excess of the permissible baggage allowance. The articles of jewellery were valued at Rs. 6388. 88hP. and the consumer goods which were separately assessed were valued at Rs. 2978/-, but subsequently the valuati...
Kishorilal Dutta Vs. P.K. Mukherjee
Court: Kolkata
Decided on: Dec-05-1962
Reported in: AIR1964Cal131,67CWN772
F.B. Mukharji, J. 1. This is a Reference under Section 21 of the Chartered Accountants Act. The complainant is one Kishorilal Dutta who is described as the President of the Ananda Bazar Patrika, Hindusthan Standard and Pesh Employees Union. The complaint is against P.K. Mukherjee, a Chartered Accountant. He was appointed an auditor to check the Provident Fund Accounts for the years 1953 and 1954. The appointment was made by the Director of Ananda Bazar Patrika Ltd. The appointment letters are Exts. 17 and 18 and are dated respectively 31st March 1954 and 26th April 1955. Within a month of his appointment from 26th April, 1955, the auditor by a letter dated 25lh May 1955 addressed to the Ananda Bazar Patrika Ltd. informed the company.'It appears that certain loans were granted by the Trustees of the Fund to the company in 1954 which although adjusted within the accounting year, does not appear to be in accordance with the Provident Fund Rules. We disapprove such transaction and believe ...
Lokenath Bhattacharjee Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Dec-05-1962
Reported in: AIR1963Cal481
Mitter, J. 1. This is an appeal from the dismissal of a writ petition under Article 226 of the Constitution asking for the issue of a Rule on the Union of India, the State of West Bengal and others to show cause why the respondents should not forbear from changing the conditions of service of the petitioner which prevailed during his employment in the State of Cooch Bihar in respect of pay and continuity.2. The appellant's case is as follows: He was a permanent clerk in the Cooch Bihar Military Department from 1944. After the merger of the said State with the State of West Bengal in the year 1950 he was absorbed in the Rehabilitation Department of Cooch Bihar on May 9, 1950. In or about April 1952 he was chosen by a Selection Committee for absorption of surplus clerks in the Co-operative Department of the Government of West Bengal and has since then been functioning as such. He received a letter of appointment bearing date April 7, 1954 to the effect that his appointment would be treat...
Sri Annapurna Cotton Mills Ltd. Vs. Commissioner of Income-tax, West B ...
Court: Kolkata
Decided on: Dec-04-1962
Reported in: [1964]54ITR592(Cal)
SINHA J - This is preference under section 66(1) of the Income-tax Act. The facts are as follows : The assessee, Sri Annapurna Cotton Ltd., is a company with a limited liability. The assessment year is 1952-53 corresponding to the accounting year, being the calendar year 1951-52. The assessee company raised a loan of Rs. 10,00,000 by issuing debentures. A debenture trust deed, dated 26th January, 1950, was executed by and between the company and Kumar Promotha Nath Roy and others as trustees. A copy of the said deed has been annexed to the statement of case and appears at pages 8-37 of the proper-book. According to the trust deed, the debenture was redeemable by ten annual instalments of rupees one lakh each, commencing from 31st December, 1954, and ending on the 31st December, 1963, bearing interstate the rate of 7% per annum payable half-yearly. The company secured payment of principal and interest by charging the properties described in the first schedule to the indeture of trust. T...
- ‹ Prev
- 1
- Next ›