Kolkata Court May 1963 Judgments
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SaberuddIn Shaikh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-08-1963
Reported in: AIR1964Cal231,1964CriLJ515
Debabrata Mookerjee, J.1. This is an application under Section 491 of the Code of Criminal Procedure by one Saberuddin Shaikh alias Saberali Shaikh, a person now detained in Berhampore Jail under the provisions of the Preventive Detention Act.2. By an order dated October 20, 1962 the District Magistrate of Murshidabad directed the petitioner's detention under Section 3(2) of the Act with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. The detenu was served in due course with the grounds of detention which stated that the petitioner's anti-social activities made it impossible for the administration to maintain peace and public order in the locality with the consequence that the authority concerned upon being personally satisfied as to the truth of the allegations made against him directed the detention. The grounds recited the instances upon which the order of detention had been made. The detenu was informed of his right to make a represe...
Haridas Mundra Vs. the State
Court: Kolkata
Decided on: May-07-1963
Reported in: AIR1964Cal30,1964CriLJ30
Debabrata Mookerjee, J. 1. This is a reference under Section 269(1) of the Code of Criminal Procedure by a Judge of the City Sessions Court, Calcutta, reporting that the case against the accused pending before that court is such as should be dealt with by the Judge alone and should not be tried with the aid of a jury.2. It appears that one Haridas Mundra and his brother-in-law Remeshwar Daga have been committed to the City Sessions Court to answer charges of conspiracy to cheat, of forgery and cognate offences in respect of a large number of shares of the British India Corporation Ltd. The case is pending trial. The learned Judge reports that in view of the volume and complexity of evidence in the case which he thinks is of a highly technical nature, it is undesirable that the charges should bo tried by a jury. It is also said that a number of witnesses from all over the country will have to be called and about 150 documents will require to be exhibited with the consequence that the tr...
Judhistir Kodel Vs. Authority Under Payment of Wages Act and ors.
Court: Kolkata
Decided on: May-03-1963
Reported in: (1963)IILLJ473Cal
B.N. Banerjee, J.1. This rule is directed against an order, made by an Authority under the Payment of Wages Act, West Bengal, overruling the point of limitation taken by the petitioner and also refusing, at that stage, to decide a preliminary objection as to jurisdiction.2. The following facts are not disputed in this rule. Respondent 2 had been an employee of All India Spring Manufacturing Company. For certain alleged misconduct, he was suspended on 9 August 1957, and, thereafter, dismissed from service on 17 October 1957. Over the dismissal of the respondent 2 there arose an industrial dispute and the dispute was ultimately referred, by the State of West Bengal, to the first labour court for adjudication. The labour court found that the dismissal was wrongful and directed that the respondent be reinstated in service, if he reported for duty within ten days of the publication of the award. The award was published in the Calcutta Gazette on 15 January 1959.3. Against the award of the l...
Jogta Coal Co. Ltd. Vs. Commissioner of Income-tax, CalcuttA.
Court: Kolkata
Decided on: May-03-1963
Reported in: [1965]55ITR89(Cal)
SANKAR PRASAD MITRA J. - This case has been referred to us pursuant to a judgement of the Supreme Court, Jogta Coal Co. Ltd. v. Commissioner of Income-tax. The Appellate before the Supreme Court (the applicant before us), purchased the entire right, title and interest in the leasehold property in a coal mine from the lessee for the price of Rs. 23,00,000, out of which Rs. 13,00,000 were to be deemed to be paid in respect of the underground and surface rights and other appurtenances and benefit of the assignment of uncompleted orders and contracts, and Rs. 10,00,000 as the value of the machinery, stores, furniture, stocks, etc. In the Income-tax and business profits tax assessments of the applicant the income-tax Officer did not accept the allocations as mentioned in the sale deed, and valued the plant and machinery at Rs. 3,50,000 and allocated a part of the consideration, namely, Rs. 7,50,000, towards goodwill, even though there was no mention of the sale of the goodwill in the sale d...
Thandulal Dhanuka Vs. the State
Court: Kolkata
Decided on: May-02-1963
Reported in: AIR1964Cal490,1964CriLJ536
ORDERAmaresh Roy, J.1. These two Revision Cases have been heard together as they arise out of the same case now pending in the Court of the Chief Presidency Magistrate, Calcutta, and raise same point regarding the power and control of the Court of the Magistrate over the goods seized by the Customs authorities upon search warrant issued by the Magistrate under Section 172 of the Sea Customs Act.2. Relevant facts for the purpose of these two cases are that a proceeding started in the Court of the Chief Presidency Magistrate, Calcutta, when on September 16, 1962, two persons were produced in that Court under arrest under Section 175 of the Sea Customs Act. On that day, on the prayer of the Customs authorities, search warrants were directed to be issued by the learned Chief Presidency Magistrate. On the next day, that is, September 17, 1962, an application was made by the Customs authorities that as a result of the searches on the previous day, they had reasons to suspect that the documen...
Chandi Charan Dutta Vs. Bhabataran Dey
Court: Kolkata
Decided on: May-02-1963
Reported in: 1964CriLJ85
ORDERR.N. Dutta, J.1. This Rule is directed against an order of discharge passed by a Presidency Magistrate, Calcutta, under Section 253(r) of the Code of Criminal Procedure.2. The petitioner is a bullion merchant at 163 Harrison Road, Calcutta. The opposite party was an employee under him. The opposite party left the service of the petitioner on January 31. 1962. From February 7. 1962 onwards the opposite party started threatening the petitioner that unless the opposite party was paid Rs. 7000/- by way of compensation he would make some fictitious' entries in the books of accounts which he had taken away with him, produce them before the sales tax and income-tax authorities and cause irreparable injury to the petitioner and his business. It was alleged that on April 7, 1962, the opposite party repeated the threats to one Asoke Roy Choudhury, an employee of the petitioner, asking him to communicate the threats to the petitioner. These threats were communicated by Asoke Roy Choudhury to...
Nagendra Nath Shah Vs. Ranjit Kumar Ganguli and anr.
Court: Kolkata
Decided on: May-01-1963
Reported in: AIR1963Cal587
A.K. Mukherjea, J. 1. This is an appeal from an order dated 9th January, 1962 of the Additional District Judge, Alipore, 24-Parganes arising out of certain insolvency proceedings. The short facts of the case are as follows : 2. On or about 12th March, 1951 one Nagendra Nath Saha (hereinafter referred to as the debtor) was adjudged insolvent on his own application. Subsequently, on 16th June, 1955, the order of adjudication was annulled and by a further order dated 29th July, 1955 made under Section 37 of the Provincial insolvency Act the properties of the debtor were ordered to be vested in the Official Receiver. Subsequently upon an application of the Official Receiver the learned Additional District Judge authorised him to sell premises Nos. 41 and 42, Scott Lane, Calcutta in order that the sale proceeds could be distributed among the creditors. The learned Judge gave certain directions regarding advertisement of the auction sale and empowered the Official Receiver to take all necess...
Sk. Md. Soleman Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-01-1963
Reported in: AIR1965Cal312,1965CriLJ679
P.B. Mukharji, J.1. This is an appeal from the judgment and order of Mr. Justice Binayak Nath Banerjee dismissing the petitioner's application for a writ under Article 226 of the Constitution.2. The petitioner applied to this Court for a Mandamus as well as Certiorari against the respondents--the Commissioner of Police and the State of West Bengal for refusing to grant or renew the petitioner's licence for the year 1962-63 in respect of an eating house established at 98, Lower Chit-pore Road, Calcutta which the petitioner claimed to have been running for several years. The establishment is said to serve meal of rice and curry twice daily to its customers. It is also alleged that the petitioner is a teetotaller and a religious minded person, a man of good behaviour and that there has never been any instance of drunkenness or disorder in the eating house establishment. It is said that no liquor or spirit or alcohol is served in the eating house. There is a supporting affidavit in favour ...
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