Kolkata Court May 1964 Judgments
Dulichand Kheria and ors. Vs. Collector of Central Excise and Land Cus ...
Court: Kolkata
Decided on: May-27-1964
Reported in: AIR1965Cal156,1965CriLJ292
ORDERD.N. Sinha, J.1. The facts in this case are shortly as follows: In this case, we are concerned with two partnership firms, Tarachand Shivkumar and Dulichand Kasiprosad. There are four partners in the first named firm, and five partners in the latter. Dulichand and Kasiprosad are the common partners. On or about 9-9-1954, the customs authorities in Calcutta advertised in the local papers inviting tenders for the purchase of 218 maunds 20 seers, approximate gross weight, of seized betel-nuts lying in the textile godown of the Customs House, Calcutta. On or about 21st September, 1954 Tarachand Shivkumar offered to purchase the goods and on the 23rd September, 1954 the goods were sold to them. Between 27th September, 1954 and the 1st October, 1954, 103 bags were delivered to the said firm by the customs authorities. It is stated that on 1st October, 1954 Tarachand Shivkumar made over 45 bags out of the said consignment, to a third party for processing and grading.. It is further state...
Tag this Judgment!Jiban Krishna Mukherjee and anr. Vs. New Beerbhum Coal Co. Ltd. and an ...
Court: Kolkata
Decided on: May-27-1964
Reported in: AIR1965Cal242
Bose, C.J.1. This is an application for leave being granted to the petitioner No. 1 Jiban Krishna Mukherjee, to withdraw a cash deposit for Rupees 15,000/- lying with the learned Registrar, Original Side, and for an order releasing a surety bond for Rs. 30,000/- executed by the petitioners Nos. 1 and 2 and National Insurance Co. Ltd. dated the 16th October 1958 and for an order on the Registrar to refund the said sum of Rs. 15,000/- and to cancel and release the said bond. The application also seeks suitable direction being given, if necessary, for the payment of or securing the taxed costs of the decree-holder-respondent.2. The facts giving rise to this application are as follows: On the 5th December 1955 the plaintiff-respondent New Beerbhum Coal Co. Ltd. obtained a consent decree in suit No. 1024 of 1953 of this Court for Rs. 18,497-15-0 with interest till realisation against the defendant Benares Ice Factory Ltd., the petitioner No. 2. The said suit was however dismissed as against...
Tag this Judgment!Indian Airlines Corporation Vs. Sm. Madhuri Chowdhuri and ors.
Court: Kolkata
Decided on: May-27-1964
Reported in: AIR1965Cal252
P.B. Mukharji, J. 1. This is an appeal by the defendant, Indian Airlines Corporation, from the judgment and decree of P. C. Mallick, J. decreeing the plaintiffs' suit for the sum of Rs. 1,50,000/- and another sum of Rs. 5000/- with interest at the rate of 6 per cent per annum and with costs. 2. The suit arises out of an unfortunate and tragic air crash at Nagpur when a Dakota air plane VT-CHF crashed soon after it started flying from Nagpur to Madras. All the passengers and the crew were killed and the only person who escaped with severe injuries and burns was the Pilot, Desmond Arthur James Cartner. This accident took place on the 12th December, 1953 at about 3-25 a.m. 3. In that Aircraft travelled one Sunil Baran Chowdhury, a young man of about 28 years of age, a business man from Calcutta, who had flown from Calcutta to Nagpur and was taking his journey in that ill-fated Aircraft from Nagpur to Madras at the time of the accident. The plaintiffs in this suit arc (1) the widow of the ...
Tag this Judgment!Hari Charan Bajoria Vs. Manakmall Lodha and ors.
Court: Kolkata
Decided on: May-27-1964
Reported in: AIR1964Cal562
Mitter, J.1. This is an appeal from an order dismissing an application by the appellant for release of certain shares in a joint stock company from attachment at the instance of one Manakmall Lodha who obtained an award for Rs. 1,41,000.00 against Kedarnath Bajoria, father of the appellant. Thisaward was amended after the death of Kedarnath Bajoria so as to be effective against the appellant and respondents other than Manakmall Lodha as heirs and legal representatives of the said deceased.2. The facts leading to the making of the application are as follows: Manakmall Lodba and Kedarnath Bajoria entered into an agreement of partnership in 1947 for an enterprise in purchase and sale of certain timber. The parties were to advance equal amounts by way of capital and have equal shares in profits and losses. Lodha filed a suit in this Court in the year 1951 claiming a dissolution of the partnership business, a decree for Rs. 51,186/- being his contribution of the capital amount of Rs. 50,000...
Tag this Judgment!Nanalal M. Varma and Co. (Gunnies) P. Ltd. Vs. Gordhandas Jerambhai an ...
Court: Kolkata
Decided on: May-22-1964
Reported in: AIR1965Cal547
Sankar Prasad Mitra, J. 1. This is an appeal from an Order of Mallick, J. dated the 22nd February, 1962, dismissing the appellant's application, inter alia for having the order of striking out of the suit which appeared in the special list on the 30th August, 1961, set aside. The suit was instituted on July 30, 1958, inter alia, for an injunction restraining the defendant No. 1 from proceeding with an arbitration case before the Bengal Chamber of Commerce and Industry on the basis that the contracts between the parties were void and illegal. We are told that the Bengal Chamber was informed of the suit and thereafter no steps were taken in the arbitration proceedings. On November 17, 1958. both the defendants filed their respective written statements. Messrs, D. C. Dutt and Co. were acting as solicitors for the plaintiff. On April 10, 1963, this firm was dissolved owing to the death of one of the partners. On the 19th April, 1961, a new warrant of attorney was filed on behalf of the pla...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Dalmia Iron and Steel Ltd.
Court: Kolkata
Decided on: May-19-1964
Reported in: AIR1965Cal42
ORDERS.P. Mitra, J.1. This is an application for setting aside the award of an umpire. The petitioner took, out an Insurance Policy from the New India Assurance Co. Ltd. in respect of an International Harvester or Motor Tractor Crane. The Policy was issued on June 4, 1959. On December 19, 1959, the petitioner informed the Insurance Co. that the Harvetser had met with an accident. Theclaim forms were sent by the Insurance Co. and were submitted by the petitioner duly filled in There were disputes and differences between the parties as to the quantum of loss suffered by the petitioner. The Insurance policy contained an arbitration clause. In terms of the arbitration agreement, the petitioner appointed its arbitrator. The respondent failed to appoint its arbitrator within time. An application was made to this Court and ultimately, through the intervention of the. Court, another arbitrator was appointed. The two arbitrators thereupon selected their umpire. The present application is direct...
Tag this Judgment!In Re: Standard General Assurance Co. Ltd.
Court: Kolkata
Decided on: May-15-1964
Reported in: AIR1965Cal16
ORDERB.C. Mitra, J.1. This is an application under Section 17 of the Companies Act 1956, for confirmation of the alterations of the memorandum of association of the applicant company in terms of the special resolution passed at on extraordinary general meeting of the company on July 12, 1963.2. The company was incorporated in 1943 under the Indian Companies Act, 1913. The objects of the company, inter alia, were as follows:To carry on all kinds of insurance, guarantee and indemnity business. The insurance business was to include Life Assurance, Fire Insurance, Marine and Aerial Insurance, Transit Insurance, Accident Insurance and other varieties of Insurance business, set out under paragraph 3 of the petition. Among the other objects were the purchase of and dealing in and lending on life, reversionary and other interest in property of ail kinds, to act as agent for the Issue of bills, bonds, debentures stock andto guarantee the subscription of any such shares or securities and act as ...
Tag this Judgment!Makhan Lal Gore and ors. Vs. the State
Court: Kolkata
Decided on: May-06-1964
Reported in: AIR1965Cal457,1965CriLJ351
ORDERR.N. Dutt, J.1. One case under Sections 120B/420, 420, 467/471 Indian Penal Code against the petitioners and two others was allotted to the Third Additional Special Court, Calcutta, by a Government notification dated December 13, 1961. On the basis of this allotment a complaint was filed before the Special Court and case No. 4 of 1962 was started against them on March 30, 1962. The prosecution started examining witnesses in this case on June 27, 1962. One other ease under the same sections of the Indian Penal Code was allotted to the same Special Court against the petitioners and the same two other persons by a Government Notification dated May, 9 1962. On June 26, 1962 the Director of Public Prosecution on behalf of the State filed a petition before the Special Court for joint trial of these two cases. The Special Court rejected this petition on the short ground that till then no complaint was filed before it on the basis of the second allotment and the Special Court had not till...
Tag this Judgment!Rameshwar Daga Vs. the State of West Bengal
Court: Kolkata
Decided on: May-05-1964
Reported in: AIR1965Cal38,1965CriLJ26,69CWN292
Amaresh Roy, J.1. This Rule was issued by my learned brother K. C. Sen J. upon an application for revision of an order of a learned Presidency Magistrate by which that learned Magistrate has committed the present petitioner Rameswar Daga along with another person named Haridas Mundra for trial in the City Sessions Court on charges framed against them for offences of cheating under Section 120B/420 I. P. C. and also for substantive offences under Sections 467 and 420 I, P. C. It may be mentioned that there were three accused persons named in the chargesheet submitted by the police, but one of them G. M. Robins has remained absconding and during the proceedings before the learned Magistrate under Section 2O7A Cr. P. C. only the present petitioner Rameswar Daga and the other accused Haridas Mundra were being proceeded against. Haridas Mundra was a Director of Jessop and Company. Limited. The absconding accused G. M. Robins was formerly the Secretary of Jessop and Company, Limited. Present...
Tag this Judgment!In Re: Lohar Valley Tea Co. Ltd.
Court: Kolkata
Decided on: May-04-1964
Reported in: AIR1965Cal372,68CWN938
B.C. Mitra, J.1. This is an application by the Official Liquidator of this Court for an order recalling or setting aside the order made by this Court on March 4, 1964, and for rehearing of the application of the respondents which resulted in the order dated March 4, 1964, and for stay of operation of the said order.2. On March 26, 1957, a special resolution was passed at an Extraordinary General Meeting of the company for voluntary winding up of the company. Sachindra Nath Chatterjee, one of the directors of the company was appointed its voluntary liquidator. On July 10, 1961, the Official Liquidator of this Court was appointed the Liquidator of the company. Thereafter the Official Liquidator made a report under Section 519(1) of the Companies Act of 1956 in which he stated that fraud had been committed in relation to the company by the respondents who were directors of the company.3. On June 18, 1963, an order was made by this Court under Section 478(1) of the Act on the Report of the...
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