Kolkata Court November 1963 Judgments
Hemanta Kumar Bhattacharjee Vs. Superintendent of Post Offices and ors ...
Court: Kolkata
Decided on: Nov-28-1963
Reported in: (1966)IILLJ538Cal
P.B. Mukharji, J.1. This is an application under Article 226 of the Constitution by the petitioner, Hemanta Kumar Bhattacharjee, who was a civil servant in the Postal Department, Superior Subordinate Services, under the Central Government of India and also the sub-postmaster of the Mission Row Post Office for some time. It is unnecessary to N go into the details of this long and chequered misfortune of this petitioner and only a broad reference to the major events may be detailed below for an appreciation of the points involved in this application.2. The petitioner's case is that he entered service on 1 August 1921, and retired on 5 December 1959. He applied for pension and death-cum-retirement gratuity under the rules but for these four years has not been given the same. He has received so far only a kind of anticipatory pension of Rs. 50 per month under the rules. The petitioner reached the age of sixty years on 5 December 1959. His case is that he was granted five extensions of serv...
Tag this Judgment!The Collector of Customs Vs. the Calcutta Cycle Syndicate
Court: Kolkata
Decided on: Nov-27-1963
Reported in: AIR1964Cal225
Bose, C.J. 1. This is an appeal from an order of Sinha, J., dated the 19th May, 1960, making a, Rule issued under Article 226 of the Constitution absolute.2. The respondent Calcutta Cycle Syndicate is a registered partnership firm carrying on business at No. 3, Bentinck Street Calcutta as dealers in cycles and parts and accessories of cycles including auto cycles. Between 20th December, 1956 and 31st December, 1956, the respondent entered into a contract with Rajdhani Motors carrying on business at Kashmere Gate, Delhi, for purchase of about 60,000 pieces of auto cycle chains measuring 1/2' x 3/16' x 104 links of Japanese manufacture at the rate of Rs. 24/- per dozen. Under the terms of the said contract which was entered into by correspondence, the respondent agreed to pay the amount of the bank drafts on Rajdhani Motors and to look after the formalities regarding the clearance of the consignment from the customs at the Calcutta Port and also to pay the customs duty and clearing charg...
Tag this Judgment!Abharan Chandra Saha Vs. Sanat Kumar Sen
Court: Kolkata
Decided on: Nov-27-1963
Reported in: AIR1964Cal460,68CWN574
Banerjee, J.1. The petitioner says Chat one Radha Ranjan Saha and be himself were co-sharer tenants in respect at C. S. Plot No 503 of Khatian No. 90. in Mouza Kumardanga, District Birbhum. On the death of Radha Kanjan, his widow Nirmala Bala succeeded him. She sold her share in the aforementioned plot to opposite party 1 to 3, certain strangers, by a deed dated January 30, 1959, without notice to the petitioner. The petitioner says that his status in the ptol of land was that of an occupancy raiyat and that he became entitled to exercise his right of pre-emption against the sale, under Section 26-F of the Bengal Tenancy Act Since admittedly no notice under Section 26-C of the Bengal Tenancy Act had been served upon the petitioner and since the petitioner had no exact information about the sale before he took out a certified copy of the deed of sale, on April 13, 1959, he could not apply for pre-emption before April 18, 1959.2. There was a written objection tiled to the application for...
Tag this Judgment!Paresh Nath Nundi and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-22-1963
Reported in: AIR1964Cal175,68CWN264
Mitter, J. 1. The question involved in this appeal is whether the requisition of a flat opposite Bethune College for the use of the head of its department of Chemistry where research work on the active principles of Indian medicinal plants presently being conducted under her supervision, is for a public purpose. 2. The facts are as follows: The appellants Paresn Nath Nundi and Kalpana Nundi are trustees of premises No. 56, Ram Dulal sarkar street and No. 62, Masjid Bari Street, both situate In north Calcutta and at a distance of about a mile from each other. They live in the latter premises and one of them carries on business in sweetmeat at the ground floor of the other premises No. 56, Ram Dulal Sarkar Street. The last mentioned premises is a two storied house, the first floor being in the occupation of a tenant -- one Dr. 8. N. Chakravorty attracted to the School of Tropical Medicine, Calcutta, the tenanted portion consists of five rooms, a covered corridor etc. with an approximate ...
Tag this Judgment!Albert David Ltd. Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: Nov-13-1963
Reported in: AIR1966Cal101
ORDERB.N. Banerjee, J. 1. The petitioner company, Albert David Ltd., carries on business as manufacturer and dealer of medicines and drugs including patent or proprietary medicines.'2. The expression 'patent or proprietary medicine' is defined in Section 3(h) (originally Section 3(d)) of the Drugs Act, 1940, in the following manner:'Patent or proprietary medicine means a drug which is a remedy or prescription prepared for internal or external use of human beings or animals, and which is not for the time being recognised by the Permanent Commission on Biological standardisation of the World Health Organisation or in the latest edition of the British Pharmacopoeia or the British Pharmaceutical Codex or any other pharmacopoeia authorised in this behalf by the Central Government after consultation with the Board,' By the Finance Bill 1961, the First Schedule to the Central Excises and Salt Act 1944 was sought to be amended in the following manner: '13. In the First Schedule to the Central ...
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