Kolkata Court April 1962 Judgments
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Kalipada Maity and ors. Vs. Sukumar Bose
Court: Kolkata
Decided on: Apr-30-1962
Reported in: AIR1962Cal639
S.K. Sen, J. 1. This appeal is directed against an order of Sri S.P. Chatterjee, Judge, City Civil Court, refusing to make a complaint against the respondent in respect of the offence of perjury alleged to be committed by him. 2. The appellants filed a suit in the City Civil Court on 24th June, 1959--Title Suit No. 335/1959--against the Corporation of Calcutta, Sukumar Bose (Superintendent, College Street Market), and some other persons, for recovery of possession of 73 sq. ft. of floor area of which they are alleged to have been wrongfully deprived by shifting of a partition wall, and for other reliefs. According to the case of the appellants, one K.L. Talan was the lessee of stall No. E. 95 and some other stalls of College Street Market in 1950 and had sublet separate and denned portions of ledges of the stall to different persons, including the plaintiff-appellants. On May 15, 1954 the lease of K.L. Jalan was determined, and the sub-lessees including the appellants applied to the Pu...
Rivers Steam Navigation Co. Ltd. and Anr. Vs. Inland Steam Navigation ...
Court: Kolkata
Decided on: Apr-19-1962
Reported in: AIR1963Cal114,[1964(9)FLR225]
P.N. Mookerjee, J. 1. The appellant companies were the defendants in a suit, brought by the Respondent Union, for a declaration that, under an award of the Industrial Tribunal, the workers, that is, the working staff of the aforesaid companies, who constituted the above Union were entitled to double of their daily wages for working on Sundays and other holidays, exclusive of or in addition to their monthly salaries, and for a permanent injunction restraining the defendant companies from making compulsory deductions from the salaries of the employees concerned in terms of their circular, dated August 10, 1957. The suit was instituted on August 26, 1957, and it was eventually decreed by the learned Subordinate Judge on contest on March 22, 1958. Against this decree, the present appeal was filed on May 1958.2. The material facts lie within a short compass and the material events, which led to the institution of the instant suit may in the context of the relevant facts, be set out as follo...
In Re: Bengal Textiles Association (In Liquidation)
Court: Kolkata
Decided on: Apr-19-1962
Reported in: AIR1963Cal122
ORDERS.P. Mitra, J.1. This is an application for an order that the Official Liquidator of the Bengal Textiles Association (In Liquidation) be directed to pay the sums of Rs. 2,591/12/6 and Rs. 6,287/10/6 or the dividends already declared on two shares and may in future be declared thereon to the petitioners under scrip No. 0143/4. In 1948, an order for winding up of the Bengal Textiles Association was made by this Court. A partnership firm known as 'Shyamlal Sriniwas' was the holder of four shares in the Association under scrip No. 0143/4. Sriniwas Ladia and Rangla! Ladia were the partners of the firm. Sriniwas owed a sum of Rs. 2591/12/6 to the petitioner Mohanlal Thalia and a sum of Rs. 6,287/10/6 to the petitioner Dhaliram Thalia. On January 14, 1954 Sriniwas executed a document in favour of the petitioners Clause (c) whereof runs thus:'The first party (i.e. Sriniwas) further agrees that he will give due information to the second party (i.e. Mohanlal Thalia) and the third party (i.e...
Union of India (Uoi) Vs. Bharat Charcoal Co. Ltd.
Court: Kolkata
Decided on: Apr-19-1962
Reported in: AIR1962Cal510
ORDERP.C. Mallick, J. 1. This is an application for stay of a suit under Section 34 of the Indian Arbitration Act. The respondentis a contractor. There are three contracts subsisting between the respondent and the Government. They are (1)Contract No. 22/CKP/56-57, (2) Contract No. 5/CKP/57-58and (3) Contract No. 6/CKP/57-58. The Government enteredinto the contracts with the contractor for certain works tobe done for the South Eastern Railway. The suit has beeninstituted by the contractor for three several sums allegedto be due and payable by the Government under the threesaid contracts. 2. It is contended in the petition that the dispute in suit is covered by the arbitration clause in the contract and that the conditions laid down in Section 34 of the Indian Arbitration Act have been complied with in the instant case. 3. Mr. Mukherjee appearing to oppose the application contended that the conditions laid down in Section 34 have not been complied with and even if they have been complied...
Ray (R.) Vs. Dalvi (V.G.) and ors.
Court: Kolkata
Decided on: Apr-19-1962
Reported in: (1962)IILLJ562Cal
B.N. Banerjee, J.1. There is a National Federation of Post and Telegraph Employees, a trade union. A constituent body of the said trade union is the All India Postal Employees' Union, Postmen and Class IV, which is itself lot a trade union but a mere unincorporated association. The membership of the unincorporated association is open to all postmen and Class IV postal employees and to extra-departmental staff other than extra-departmental agent's branch and sub-postmaster. The association has its headquarters at Delhi.2. According to its rules, the All India Postal Employees' Union may have branches, variously known as circle, divisional, district and city or local branches. One such branch is the West Bengal Circle branch, having its head office in Calcutta (as denned in the pity Civil Courts Act, 1953). The plaintiff-appellant, R. Ray (who is now dead), claimed to be a member as well as the secretary of fine said West Bengal Circle branch.3. The defendant 1, V.G. Dalvi, is the genera...
Chittaranjan Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-18-1962
Reported in: AIR1963Cal191,1963CriLJ424
Sen, J. 1. This revisional application is directed against an order of Shri S. C. Choudhury, Magistrate, 1st Class, Alipore, rejecting the petitioner's application for supply of copies, free of cost of statements of witnesses and documents on which the prosecution proposes to rely.2. The facts are briefly as follows: On 6th June, 1959, an Information was lodged at Khardah Police Station that 8 girl aged about 15 years named Sandhyarani Das Gupta, was missing from the house of her mother at 317, Ghola Government Colony for refugees. A copy of the Information was sent to the Enforcement Branch of Police, Calcutta, and the girl was recovered from the house of Ganesh Dey, within the jurisdiction of Tollygunge P. S., and her statement was recorded on 11th June, 1959, by the officer-in-charge, Tollygunge P. S. A copy of the statement was sent to the Enforcement Branch, Calcutta, and was treated as the F.I.R., and Inspector Bamdeb Das of the Enforcement Branch investigated the case. According...
Panday (S.N.) Vs. State of West Bangal and ors.
Court: Kolkata
Decided on: Apr-18-1962
Reported in: (1962)IILLJ457Cal
B.N. Banerjee, J.1. The Marwari Relief Society (hereinafter referred to as the 'society') is a company incorporated under the Companies Act and one of its objects is to supply essential commodities to the members of the public at cheap rates. It claims to be a non-profit making concern. The society has various departments, including hospitals, charitable dispensaries, sanatorium, relief work, training in craftsmanship, etc. It runs also a sweetmeat shop.2. The petitioner is the secretary of the Marwari Relief Society Mazdoor Union, a registered trade union of the workers in the different departments of the society.3. Alleging that the sweetmeat shop of the the society had made a large profit in the year 1958-59, the workmen of the Marwari Society (sweetmeat shop) presented a charter of demands claiming payment of(i) two months' total wages as Puja bonus,(ii) three months' total wages as bonus for the year 1958, and(iii) delimitation of working hours to eight hours a day.The society did...
Sm. Siba Rani Devi and ors. Vs. Ramendra Nath Mukherjee and ors.
Court: Kolkata
Decided on: Apr-17-1962
Reported in: AIR1963Cal46,66CWN828
Bachawat, J.1. This reference arises out of a suit instituted by Amar Nath since deceased against 9 defendants claiming declaration of the plaintiff's right to an one-third share in the suit properties and partition and separate possession of his share on the ground (a) that the plaintiff and defendants Nos. 1 and 2 Lokenath and Chandra Nath were co-owners of the properties, (b) that their brother Tarak Nath obtained schedule ka properties under a deed of settlement executed by Raja Pearymohon, (c) that on a true construction of the deed of settlement in the event of Tarak dying sonless, the plaintiff and the defendants Nos. 1 and 2 would become entitled to the schedule ka properties in equal shares subject to the rights given to Tarak's widow, (d) that the schedule kha properties were in reality transformations of some of the other properties obtained by Tarak under the deed of settlement, (e) that Tarak Nath died sonless leaving behind him his widow defendant No. 3 Siba Rani and his ...
Prabartak Commercial Corporation Vs. Ramsahaimull More Ltd.
Court: Kolkata
Decided on: Apr-17-1962
Reported in: AIR1963Cal137
ORDERU.C. Law, J.1. This is an application that the Award dated 13 March 1957 made in Award Case No. 92-G of 1952 filed in the said Award Case be declared null and void and/or be set aside.2. By exchange of Sold Note and corresponding Bought Note both bearing No. 1185 and dated 10 September 1951, the petitioner sold and the respondent bought 6,00,000 bales of Heavy Cees at Rs. 205/- per hundred bags, delivery during months of October, November and December 1951 at 2 lakhs bags per month. The petitioner failed to deliver whereupon on 12 November 1951 by a Settlement Bought Note No. 1332 the petitioner bought back from the respondent 2 lakhs of Heavy Cees in settlement of October delivery at Rs. 238/- per hundred bags and on 28 November 1951 it bought back from the respondent under another Settlement Bought Note No. 1382 further 2 lakhs bags in settlement of the November delivery at Rs. 247/- per hundred bags. Under all the aforesaid contracts each month's delivery was to be treated as d...
Durgasree Stores Vs. Board of Revenue, West Bengal and anr.
Court: Kolkata
Decided on: Apr-17-1962
Reported in: AIR1963Cal409,67CWN179,[1964]15STC186(Cal)
ORDER1. This Rule was issued under Article 227 of the Constitution by (against ?) Shri N. Roy Choudhury, Additional Member, Board of Revenue, West Bengal, rejecting the revisional application of the present petitioner in the matter of assessment of tax under Bengal Finance (Sales Tax) Act, 1941. 2. The petitioner is a partnership firm, engaged in the business of wholesale distributor of stationery and toilet goods, provisions and other allied products. The firm was registered as a 'dealer' under the Bengal Finance (Sales Tax) Act, 1941, and Registration Certificate bearing No. C. S. I/2193A, was issued to the petitioner firm. 3. In course of its business, the petitioner firm claims to have sold goods to various parties, many of whom were also 'Registered dealers' under the Bengal Finance (Sales Tax) Act, 1941. During the assessment proceeding for the year 1954-55 under Section 11 of the above Bengal Finance (Sales Tax) Act, 1941, the petitioner firm submitted a return, showing the gros...
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