Kolkata Court February 1962 Judgments
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A.W. Khan Vs. the State
Court: Kolkata
Decided on: Feb-28-1962
Reported in: AIR1962Cal641
P.B. Mukharji, J.1. The appellant was tried on a charge of rape under Section 376 of the Indian Penal Code. There were three charges of rape against the appellant. One was in respect of rape committed on the girl Havatunnessa alias Hayatun on the 18th of March, 1960 at 10/1, Gurusaday Dutta Road, Calcutta. The second was in respect of rape on a girl called Kutchnur on the 17th of March, 1960 at the same place. The third charge was in respect of rape on another girl Arisha on the 14th of March, 1960 at the same place. The jury unanimously found the appellant not guilty in respect of the charge of rape against the two girls Kutchnur and Arisha. But the jury by a unanimous verdict found the appellant guilty of rape under Section 376 of the Indian Penal Code for committing rape on the girl Hayatunnessa alias Hayatun. It is against this unanimous verdict of the jury finding the appellant guilty of rape on Hayatunnessa that the present appeal is directed. The learned Assistant Sessions Judge...
Satyendra Nath Mitra Vs. Superintendent of Police 24 Parganas and ors.
Court: Kolkata
Decided on: Feb-26-1962
Reported in: AIR1963Cal336,1963CriLJ754
Sen, J. 1. This application for proceeding against the opposite parties in contempt arises in the following circumstances: 2. The petitioner Satyendra Nath Mitra filed an application in the court of the Police Magistrate, Calcutta for binding down one Samir Kumar Aich under Section 10/ of the Code of Criminal Procedure. The petitioner is an officer of a company described as National Instrument Factory. Samir Kumar Aich who is a sister's son of the petitioner Is also a subordinate employee of the same factory. For certain conduct of Samir Kumar Aich against the rules of factory discipline, the petitioner submitted a report against him; and according to the petitioner, Samir Kumar Aich thereafter threatened and abused the petitioner on several occasions. Accordingly the prayer was made for binding down Samir Kumar Aich. This application was sent to the Officer-in-charge, Tollygunj Police Station for enquiry, and after considering the police report the learned Magistrate on 11th August, 1...
Sm. Ena Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-23-1962
Reported in: AIR1962Cal420,66CWN931,[1962(5)FLR387],(1963)ILLJ138Cal
ORDERSinha, J. 1. The facts in this case are shortly as follows: This application is in respect of the termination of the services of the petitioner as the Vice-Principal of Sarojini Naidu College for Women, Dum Dum, which is a Government-sponsored College. In order to appreciate the facts of this case, it would be necessary to go a little further back than her appointment as the Vice-Principal of the said college. Sometime prior to the 6th May, 1959 the petitioner applied for the post of a Principal of a Government-sponsored college. On that date, a letter was issued by the Director of Public ' Instruction, West Bengal, asking her to appear before the Central Selection Committee, appointed for the purpose of selecting candidates for such posts. She was selected by the said committee for appointment as a Principal in a sponsored women's college and on the 9th July, 1959 the Director of Public Instruction West Bengal wrote to the President of the Governing Body, Vivekananda College Bari...
Indian Standard Wagon Co., Ltd. Vs. First Industrial Tribunal and ors.
Court: Kolkata
Decided on: Feb-23-1962
Reported in: (1962)ILLJ726Cal
B.N. Banerjee, J.1. This rule is directed against an industrial award, made by the first industrial tribunal, directing the Indian Standard Wagon Co., Ltd., the petitioner-company, to pay to its workmen interim bonus for each of the years 1959-60 and 1960-61 at the rate of 57 days' basic wages. The workmen of the petitioner-company are represented by the Asansol iron and steel workers' union and the United iron and steel workers' union (respondents 3 and 4).2. It is necessary for me to recount in brief the circumstances under which the dispute as to bonus came to arise. Under an award made in the year 1947, under Rule 81A of the Defence of India Rules, 1939 (hereinafter referred to as the McSharpe award), the workmen of the petitioner-company became entitled to a profit-sharing bonus at the rate of two days' basic wages for each percentage of dividend declared to the ordinary shareholders of the company. The aforesaid award was said to have been made on the basis of an agreement. Altho...
Sahasrangshu Kanta Acharya Vs. Collector of Malda and Others.
Court: Kolkata
Decided on: Feb-22-1962
Reported in: [1963]47ITR754(Cal)
The facts in this case are shortly as follows : The petitioner in this case is Sahasrangshu Kanta Acharya who is one of the two sons of the late Maharaj Kumar Sitagshu Kanta Acharya of Mymensingh, who died on or about June, 5, 1952, leaving him surviving the said two sons and his widow, Srimati Reba Acharya. In 1952, the Court of Wards took charge of the management of the estate and in July, 1955, the estate was released. On or about July 29, 1955, August 27, 1955, and October 22, 1955, assessment of income-tax was made for the years 1952-53, 1953-54 and 1954-55 respectively. The assessment orders are annexure 'A', 'A-1' and 'A-2' to the petition. The point to be noted is the peculiar fashion in which the assessment orders were made. The name of the assessee was given as 'successor-in-interest to the late Maharaj Kumar Sitangshu Kanta Acharya Bahadur.' No name was given there either of any executor or administrator or legal representative. In August, 1955, notice of demand was issued f...
Dharama Chand Roy Vs. NabIn Chandra Mondal
Court: Kolkata
Decided on: Feb-21-1962
Reported in: AIR1963Cal253,66CWN903
ORDERPurushottam Chatterjee, J.1. This is a petition under Article 227 of the Constitution against an order passed by the Munsif in exercise of his jurisdiction under Section 19 of the West Bengal Lard Reforms Act. The learned Munsif considered the circumstances in this case and condoned the delay in filing the appeal. He has not found whether he applied Section 5 of the Limitation Act or Section 18 of the Limitation ACT nor has he stated the reasons why he came to the conclusion that he was authorised by law to condone the delay, But the question remains whether he was authorised by law to condone the delay. Mr. Pabitra Kr. Bose on behalf of the appellant says that the Court has no jurisdiction nor power to condone the delay. According to him, no provision of the Limitation Act would apply because relevant Article in the Limitation Act does not refer to any appeal to the Munsif. It refers to an appeal to the District Judge and, therefore, according to him, there is no period of limita...
Tata Aircraft Limited Vs. Member, Board of Revenue
Court: Kolkata
Decided on: Feb-20-1962
Reported in: [1962]13STC388(Cal)
G.K. Mitter, J.1. In this reference under Section 21(1). of the Bengal Finance (Sales Tax) Act, 1941, the only question referred to this Court is :- Whether sales tax is a tax only on the sale of goods or is it a tax also on the commodity sold?2. On the frame of the question it is hardly necessary, to refer to the facts of the case but a short synopsis thereof is given as follows. The assessee Tata Aircraft Limited had got itself registered as a dealer under the Bengal Finance (Sales Tax) Act, 1941, hereinafter referred to as the Act. On the allegation that the assessee had failed to submit returns for the four quarters ending on 31st March, 1948, in time, the Commercial Tax Officer, 24 Parganas, issued two notices on it under Sections 11 and 14 of the Act for production of the books of account etc., before the said authority. The assessee submitted returns sometime afterwards claiming that no amount was payable by it for sales tax for the periods in question as it was not a dealer wit...
Administrator-general of West Bengal Vs. Sulajini Debi and ors.
Court: Kolkata
Decided on: Feb-19-1962
Reported in: AIR1962Cal616
ORDERP.C. Mallick, J.1. This is a suit to establish the plaintiff's title in premises No. 36, Derpa Narayan Tagore Street. The property in question is situate within the jurisdiction of this Court. The Administrator General as the administrator de bonis non to the estate of Raja Profulla Nath Tagore claims this property as included in the estate. Raja Profulla Nath Tagore died on July 2, 1938. It is common case that he left a will. The residuary legatees are his five sons. The five sons along with others were appointed executors. On their application a probate was granted by this Court to the said five sons of the Raja. Subsequently the administration of the estate was given by an order of this Court to the Administrator General.2. It is pleaded in the plaint that the premises in suit is the secular property of the late Raja. During his lifetime Raja enjoyed the property as his own and thereafter it was being treated as such by his family. Only in two rooms the deity defendant was allo...
Motor and Machinery Manufacturers Ltd. Vs. State of West Bengal and or ...
Court: Kolkata
Decided on: Feb-16-1962
Reported in: (1962)IILLJ59Cal
B.N. Banerjee, J.1. The petitioner company is a factory, with in the meaning of the Factories Act, 1948. The service conditions of the workmen, employed in the factory of the petitioner company, are governed by a set of standing orders, certified under the industrial Employment (Standing Orders) Act, 1946, from Which three relevant clauses are set oat below;Clause 3-Acceptance of standing orders.-All workmen engaged in the factory are subject to the following conditions of service and shall be deemed to have accepted them on accepting employment.Clause 8-Manner of notification of periods of hours of work-The periods of hours of work for a worker shall be displayed at the time-keeper's office and shall be as the management from time to time decide, after notifying the workers or the union of the proposed change and considering the objections, if any, preferred by the workers or the union.Clause 9-Manner of notification of holidays and pay days.-Notices specifying (a) those days to be ob...
Hindusthan Cellulose and Paper Mills Ltd. Vs. Commissioner of Income-t ...
Court: Kolkata
Decided on: Feb-16-1962
Reported in: [1963]50ITR303(Cal)
RAY J. - The following questions have been referred to us :'(1) Whether in the facts and circumstances of the case the arrangement between the assessee and the Bharatiya Vidya Bhavan for the publication of 8 books for and on behalf of the assessee was a transaction of a commercial nature and whether the loss incurred thereby is allowable under section 10 of the Income-tax Act.(2) Whether the Appellate Tribunal was right in failing to consider the alternative claim for allowance of the loss under section 12 of the Act arising on the identical facts ?'The assessee is a public limited company and the accounting year is the year ending the 31st March, 1954, relevant for the assessment year 1954-55. It had for its object in the memorandum,manufacturing and selling of paper. According to the memorandum it had also as one of its objects, carrying on any other industry, trade or business whether manufacturing, commercial or otherwise and as general merchants, contractors, agents, guarantors, e...
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