Kolkata Court August 1963 Judgments
The State of West Bengal and ors. Vs. Sallendra Nath Bose
Court: Kolkata
Decided on: Aug-23-1963
Reported in: AIR1964Cal184,68CWN203
Mitter, J. 1. This is an appeal by the state of West Bengal and others against the issue of a writ in the nature of certiorari quashing the order of dismissal passed on the respondent and granting him incidental reliefs.2. The respondent had joined Government service as a sub-inspector of police and had risen to the rank of Assistant Commissioner of Police in 1958 when disciplinary proceedings were started against him. The immediate cause for the taking of these proceeding was the information given by one Jagadish Chandra Dhar, then employed as a sergeant in the Calcutta Police force to the Special Officer, Enforcement Branch of the State of West Bengal that the respondent had asked for illegal gratification in the sum of Rs. 200/- in return for which he had promised to help Dhar out of some disciplinary proceedings which were then pending against Dhar. According to the Government's case 20 ten rupee notes of which the numbers were taken down on the morning of the 15th October, 1955 we...
Tag this Judgment!Raghu Nandan Neotia Vs. Swadeshi Cloth Dealers Ltd. and ors.
Court: Kolkata
Decided on: Aug-22-1963
Reported in: AIR1964Cal247,68CWN302
A.N. Ray, J. 1. This is a suit for a declaration that the notice dated March 1, 1963, is null and void, and that the resolutions mentioned in the purported notice dated March 1, 1963, are illegal, unlawful and ultra vires the articles of the defendant company. A further declaration is asked for that the general meeting of the company held on March 30, 1063 and the resolutions purported to be passed thereat are illegal and ultra vires and of no effect, and not binding on the plaintiff and other share-holders. An injunction is asked for to restrain the defendants from holding meeting and a further injunction to restrain the defendants from implementing or giving effect to the resolution which may be passed at the meeting. An injunction is also asked for to restrain in defendants from implementing or giving effect to the resolutions which were purported to be passed at the meeting. 2. The plaintiff is a share-holder of the defendant Swadeshi Cloth Dealers 'Ltd., and others hereinafter ref...
Tag this Judgment!Biswabani Private Ltd. Vs. Santosh Kumar Dutta and ors.
Court: Kolkata
Decided on: Aug-14-1963
Reported in: AIR1964Cal235
Sinha, J.1. This is an appeal against a judgment and decree passed by the learned Additional District Judge, Howrah, dated 30th March, 1963 by which he allowed an appeal from the judgment and decree passed by the learned Subordinate Judge, First Court, Howrah, dated 30th September, 1961 and dismissed the original suit against the contesting defendant Nos. 1 and 2 with costs. The facts in this case are briefly as follows: There is a Cinema House situated at 61 Chintamoni Dey Lane, Howrah, belonging to the respondents Nos. 1 and 2, Sri Santosh Kumar Dutta and Sri Nandalal Dutta. By a registered lease dated nth September, 1948, the said respondents leased out the said premises to the third respondent, Kanti Bhusan Bose, for a period of five years with effect from the 1st September, 1948. This Kanti Bhusau Bose is the Managing Director of the Appellant Company, the Biswabani Private Ltd. By mutual consent the respondent Nos. 1 and 2 accepted the appellant company as their tenant and the sa...
Tag this Judgment!Motor and Machinery Manufacturers Ltd. Vs. State of West Bengal and or ...
Court: Kolkata
Decided on: Aug-14-1963
Reported in: AIR1964Cal262
H.K. Bose, C.J.1. This is an appeal from an order of Banerjee, J., dated the 16th February, 1962, discharging a Rule issued under Article 226 of the Constitution.2. The appellant is a public limited company having its registered head office at 37, Chitta Ran-jan Avenue, Calcutta and is engaged in the manufacturing of electric motors etc., and employs about 600 workmen at its factory at 10, JawpurRoad, Dum Dum, Calcutta. The factory run by the appellant company is a factory within the meaning of the Factories Act, 1948, and is governed by the provisions of the said Act. The workmen of the factory save and except a few monthly paid staff get their wages calculated on hourly basis foi all working days excepting those days that are covered by sickness, annual leave and festival holidays under different provisions of the Factories Act. The workmen at the factory enjoy 12 paid festival holidays in a calendar year and also get the usual weekly holiday on Sunday which is a holiday without pay ...
Tag this Judgment!Bengal Motion Pictures Employees Union, Calcutta Vs. Kohinoor Pictures ...
Court: Kolkata
Decided on: Aug-14-1963
Reported in: AIR1964Cal519,(1965)ILLJ387Cal
Bose, C.J.1. This is an appeal from an order of Sinha J. made on a writ petition quashing a notification dated the 16th May, 1960 issued under the Minimum Wages Act, 1948 and directing the respondents to forbear from giving effect to the same.2. On 19th May, 1959 the Government of the State of West Bengal in exercise of its powers under Section 27 of the Minimum Wages Act, 1948 issued a notification, adding the cinema industry in West Bengal in Part 1 of the Schedule 1 to the said Act as one of the scheduled employments. This notification was published in tha Calcutta Gazette on 4th June 1959. On 16th May 1960 the said State Government issued a notification fixing the minimum wages of several categories of employees employed in the cinema industry in West Bengal in exercise-of its powers under Section 3 of the Minimum Wages Act This notification was published in the Calcutta Gazette-dated the 19th May 1960. On 31st May, 1960 one Surendra Ranjan Sarkar and two others made an application...
Tag this Judgment!State of West Bengal and ors. Vs. Naib Transport Private Ltd. and ors.
Court: Kolkata
Decided on: Aug-06-1963
Reported in: AIR1964Cal155
ORDER.Dated Calcutta the I4th August, 1956. In exercise of the power conferred by Section 58-A of the Motor Vehicles Act 1939 and in supersession of orders contained in this Department memoranda Nos. 8222-WT dated 27th August, 1951, 1886-WT dated 1st March, 1952 and 436-WT dated 25th January, 1955, the Governor is in the interest of the public generally pleased to direct the Regional Transport Authority Calcutta, to grant a service permit for stage carriage in favour of the Directorate of Transportation, Government of West Bengal, in respect of 700 Nos. stage carriages for operation of passenger services within the Calcutta Region.By order of the GovernorSd/- J.N. Talukdar Secy. to the Govt. of West Bengal.' 6. Sri Jatindra Nath Talukdar, Chief Secretary to the Government of West Bengal and the Chairman of the Calcutta State Transport Corporation also affirmed an affidavit on 4th August, 1960 and this was filed on behalf of the State. In this affidavit Sri Talukdar has referred to the ...
Tag this Judgment!Union of India (Uoi) and anr. Vs. Himatsingka Timber Ltd.
Court: Kolkata
Decided on: Aug-01-1963
Reported in: AIR1964Cal91
ORDERP.C. Mallick, J. 1. This is an application to set aside an award. The dispute is between the contractor and the Government. The contractor entered into a contract with the Government en March 14, 1951, for the sale of certain sleepers. The sleepers were supplied not within the data provided in the agreement. The contractor was paid for the goods at a rate lower than what is provided in the contract The contractor claimed that it was entitled to more. This was disputed. The dispute was referred to arbitration under the arbitration clause in the contract. The arbitrator in the instant case Mr. A. K. Gupta, Government Inspector of Railways give his award on December 26, 1961. The award is very short end is set out below in extenso:AWARD.'Whereas a dispute in connection with the supply of first class Sal sleepers to the Sleeper Control Officer. S. E. Rly., under agreement No. 14/MSM/51 has been referred to my arbitration And Whereas I have heard the representatives of the parties, con...
Tag this Judgment!Sewlal Daga Vs. Commissioner of Income-tax, CalcuttA.
Court: Kolkata
Decided on: Aug-01-1963
Reported in: [1965]55ITR406(Cal)
SHANKAR PRASAD MITRA J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922. The assessment year is 1946-47. The assessment was reopened under section 34. The original assessment was on Chandrabhan Johurmull in the status of an individual. He died in May, 1949. On the security of a fixed deposit of Rs. 25,000 standing in the name of one Luchminarain Maheswari, the assessee, Chandrabhan Johurmull, had obtained overdraft facilities.A notice under section 34 was issued to Sewlal Daga, the assessees son. In the notice, the assessee was described as 'Messrs. Chandrabhan Johurmull (karta Sewlal Daga).' The notice did not state that it was being issued to Sewlal Daga as the legal representative of Chandrabhan Johurmull, deceased. On behalf of Sewlal Daga, it was contended before the Income-tax authorities that the notice under section 34 was not served on him as the legal representative of the deceased, and, as such, it was illegal.The Appellate Tribunal found that th...
Tag this Judgment!- ‹ Prev
- Next ›