Kolkata Court June 1964 Judgments
Sm. Rebarani Sen Gupta Vs. Ashit Sen Gupta
Court: Kolkata
Decided on: Jun-25-1964
Reported in: AIR1965Cal162
P.N. Mookerjee, J.1. This is the wife's appeal against a decree for restitution of conjugal rights. The material facts lie within a short compass and they may fee stated as follows:2. The parties were married in or aboutAugust, 1955. According to both parties, they lived together for some time,--admittedly, up toFebruary, 1956,--in the husband's place at Bally.Thereafter, also, as the evidence stands, the partieslived together and co-habited uptill July, 1959,during which period a child was born to themsometime in 1958.3. It is the husband's case that, since July, 1959, he had made various attempts to bring back the wife to him from her father's place, but those attempts, by himself and through his friends and relations, were unsuccessful. In the end, he was compelled to institute the present suit on 21st November, 1960.4. The wife's defence was a denial of the husband's material allegations and also a specificdefence of cruelty, leading to an apprehension of her life, in case she was ...
Tag this Judgment!JatIn Chakravorty Vs. Mr. Justice Himansu Kumar Bose and ors.
Court: Kolkata
Decided on: Jun-25-1964
Reported in: AIR1964Cal500,68CWN958
ORDERD.N. Sinha, J. 1. This is an application by Shri Jatin Chakra-vorty, a membsr of the West Bengal Legislative Council, for the issue of a writ in the nature of 'Giro Warranto', restraining the respondents from acting as a Judge of the High Court of Calcutta and from exercising the duties and functions of a Judge. There are five respondents to this application. The first is the present Chief Justice cf this Court and the retraining four are puisne Judges.2. In this application, the petitioner challenges the validity of the Constitution (Fifteenth Amendment) Act 1963 which came Into operation on the 6th October 1963, and which inter alia amended Article 217, in Ch. V, Part VI of the Constitution.3. Previous to the amendment, a Judge of a High Court held office until he attained the age of sixty years. By the amendment, the retiring age has been increased to sixty two. Under the old provision, the respondents attained their retiring ages as follows:1. The Chief Justice -------- 1st Ma...
Tag this Judgment!Satish Chandra Chakrabarty Vs. Subrata Majumdar
Court: Kolkata
Decided on: Jun-24-1964
Reported in: AIR1966Cal67,1966CriLJ142
ORDERAmaresh Roy, J.1. These three Rules arise out of an order governing three cases made by the Magistrate Sri A.K. Roy Choudhury by which he has directed that the three cases shall be tried in the same trial by amalgamating the other two with the remaining one. It appears that there were three cases instituted upon complaints made by three different complainants in respect of occurrences of three different dates against the same accused person named Subrata Majumdar alias Mantu Majumdar. In case No. C618 of 1963 the offences alleged are under Sections 323 and 504, Indian Penal Code and the date of occurrence is said to be July 18, 1963; in case No. C654 of 1964 the offence alleged is one under Section 323 I. P. C. and the date of occurrence is said to be July 26, 1963 and in case No. 652 of 1963 the offence alleged is one under Section 323 I. P. C. and the date of occurrence is said to be July 25, 1963. At a stage when witness action had not commenced in any of these cases, applicati...
Tag this Judgment!Abhoy Charan Mukherjee Vs. Director of Postal Services (City and Mails ...
Court: Kolkata
Decided on: Jun-22-1964
Reported in: AIR1965Cal298,[1964(9)FLR71],(1966)IILLJ41Cal
B.N. Banerjee, J. 1. The petitioner is a temporary Lower Selection Grade Supervisor in the Calcutta R. M. S. Division. This division is said to have been created, in the year 1948, by carving the Calcutta Sorting Division out of the General Post Office in Calcutta and transferees from the General Post Office, it is alleged, formed about 80 per cent of the total staff of the newly created division. It is further alleged that two other new R. M. S. Divisions were formed thereafter, namely, (1) R. M. S. 'H' Division from out of the remnants of R. M. S. 'E' Division, after the partition of Bengal in 1947 and (2) R. M. S. 'W. B.' Division, from out of the original R. M. S. 'N' and 'C' Divisions, after the creation of the Calcutta R. M. S. Division.2. It is also alleged that the Calcutta R. M. S. Division had a separate Gradation List from its very inception, separate from the Gradation Lists of the other R. M. S. Divisions. In the year 1949, however, there was an attempt to group together, ...
Tag this Judgment!Shyamnagar TIn Factory Private Ltd. Vs. Snow White Food Product Co. Lt ...
Court: Kolkata
Decided on: Jun-22-1964
Reported in: AIR1965Cal541
A.N. Ray, J. 1. The plaintiff filed this unit for the recovery of Rs. 21,778.98 nP. The plaintiffs case, in short, is that the plaintiff and the defendant had transactions whereby the plaintiff sold and delivered to the defendant tin containers of divers sizes upon terms that the price would be payable within 30 days from the date of presentation of the bills. The aggregate of the bills for the goods supplied by the plaintiff to the defendant is set out in paragraph 3 of the plaint. In paragraph 6 of the plaint it is alleged that the defendant paid the plaintiff a sum of Rs. 50,000/- in part liquidation of the defendant's liability to the plaintiff under the several bills. Certain bills were returned by the defendant to the plaintiff and the plaintiff issued credit notes to the defendant.2. On November 5, 1963 the defendant paid the plaintiff two several sums of Rupees 26,306.86 nP and Rs. 257.04 nP after deducting Rs. 18,791.64 nP. In paragraph 11 of the plaint it is alleged that the ...
Tag this Judgment!Kedar Nath Parsottamdas and Co. Private Ltd. Vs. AmIn Chand Payarelal
Court: Kolkata
Decided on: Jun-19-1964
Reported in: AIR1965Cal246
ORDERA.N. Ray, J.1. This is a suit tor the recovery of Rs. 54,847.25 nP. The plaintiffs claim consists of three heads. First the amount of Rs. 79,430.00 nP. as alleged in paragraph 4 of the plaint, secondly an amount of Rs. 16,435.31 nP. as alleged in paragraph 7 of the plaint and thirdly interest amounting to Rs. 20,886/-. The plaintiff gives credit for the sum of Rs. 61,904.06 nP. received by the plaintiff from the defendant as alleged in paragraph 5 of the plaint. The total claim is Rs. 54,847.25 Np 2. The claim for Rs. 79,430/- is because the plaintiff galvanised divers quantities of steel pipes supplied by the defendant to the plaintiff. The claim for Rs. 16,435.81 nP. is on account of sheetcutting scraps delivered by the plaintiff to the defendant 3. The defendant contested the plaintiff's claim. The main grounds of denial of the plaintiffs claim are to be found from the issues raised by the defendant at the trial. The principal grounds of the defendant's opposition to the plaint...
Tag this Judgment!Brahmananda Sharma Vs. Gajapati Nath Dey and ors.
Court: Kolkata
Decided on: Jun-19-1964
Reported in: AIR1965Cal492,69CWN7,[1965]58ITR579(Cal)
D. Basu, J.1. This is an application under Article 227 of the Constitution, directed against an order of the Board of Revenue, dated 6-10-61 (at page 14 of the Application), by which the rejection of the Petitioner's application under Section 27 of the Bengal Public Demands Recovery Act. 1913 was affirmed by the Hoard, in exercise of its revisional power under Section 53 of the Act. 2. No affidavit in opposition has been filed by any of the Opposite Parties other than Opposite Party No. 3, the Union of India. Since the counter-affidavit of the Union of India does not controvert any of the material allegations of fact in the Application, the facts as stated in the Application may be taken as undisputed, andthese are as follows: FOR details of payment of income-tax, two certificates under the Bengal Public Demands Recovery Act thereinafter referred to us the Act') were filed before the Certificate Officer, 24-Parganas, against Opposite Party No. 2, Taraknath (hereinafter referred to as t...
Tag this Judgment!Dino Bandhu Nayak Vs. D. Mitra and anr.
Court: Kolkata
Decided on: Jun-18-1964
Reported in: AIR1965Cal280,[1964(9)FLR211]
B.N. Banerjee, J.1. An industrial dispute, between Messrs. Atal Behari Nayak (Proprietor Shri Jagabandhu Nayak) of No. 9/5C, Munshiganj Road, Kidderpore and their workmen represented by the National Union of Tea Workers, was referred by the Government of West Bengal to the 1st Industrial Tribunal for adjudication. The industrial dispute related to retrenchment of workmen. The Tribunal made an award against the employer holding that the order of retrenchment was neither valid nor justifiable excepting in the case of two named workmen. Apparently the award was not implemented and the workmen who had been retrenched were not taken back. Thereupon, on February 4, 1963, a Labour Officer to the Government of West Bengal wrote a letter, which I set out below:'To (1) M/s Atal Behari Nayak9/5C, Munshiganj Road,Calcutta-33. (2) M/s A. B. Trading and Co. 9/5B, Munshiganj Road, Calcutta-33. Dated 4-2-63. Subject--Non-implementation of award dated 25-1-62. Sir, With reference to the above I have t...
Tag this Judgment!Nani Gopal Mukherjee Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-17-1964
Reported in: AIR1966Cal42,(1968)IILLJ617Cal
Chatterjee, J.1. I have read the Judgment, brother Sen J., is going to deliver. I agree with him but I propose to discuss the question regarding the maintainability of the suit.2. The question in this appeal is under what circumstances a civil court can grant a decree declaring orders passed on an enquiry in terms of Article 311 of the Constitution to be null and void. In Secretary of State v. Mask and Co. the Judicial Committee observed as follows;'It is also well settled that even if jurisdiction (of civil court) is so excluded, the civil courts have jurisdiction to examine into cases where the provisions of the Act have not been complied, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.'But these observations have not solved the problem. In Healey v. Ministry of Health 1954-3 All ER 449 Denning, L. J. observed as follows:'Since Barnard v. National Dock Labour Board, (1953-1 All ER 1113) I take it to be clear law that the Qu...
Tag this Judgment!In Re: East Kajoria Collieries Private Ltd.
Court: Kolkata
Decided on: Jun-17-1964
Reported in: [1965]35CompCas180(Cal),69CWN1
B.C. Mitra, J. 1. This is an application for an order for winding up of East Kajoria Collieries (P.) Ltd. (hereinafter referred to as the company) on the ground that the company has failed to pay the petitioner's claim for Rs. 48,007.02 nP. The application has certain strange and peculiar features. The petitioner is a company, which for some time was the managing agent of the company. It is alleged that, as such managing agent, the petitioner lent and advanced to the company diverse sums for the purpose of the company's business. It is further alleged that the sums were advanced in a mutual open and current account. The petitioner's case is that after adjusting the amounts previously paid, the balance due on April 1, 1960, was Rs. 49,490.07 nP. It is also alleged in the petition that the company, through its directors, verbally agreed to pay interest at 9 per cent. per annum. A statutory notice for Rs. 48,143.02 nP. was served upon the company but the company failed and neglected to pa...
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