Kolkata Court August 1964 Judgments
B.N. Elias and Co. Private Ltd. Vs. Fifth Industrial Tribunal of West ...
Court: Kolkata
Decided on: Aug-28-1964
Reported in: AIR1965Cal166,(1965)IILLJ324Cal
ORDERD. Basu, J.1. The Petitioner's case, in this petition under Article 226, is that owing to a diminution in the business of the Oriental Electrical and Engineering Co., of which the Petitioner company is the Managing Agent, the Petitioner, in June 1958, retrenched some 16 employees, including Respondents 3 to 17 (hereinafter referred to as 'the workmen'), after complying with the requirements of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), and the workmen received final settlement of their dues under receipts granted in Ex. A series. Notwithstanding this fact and the further fact that two of the workmen, namely, Respondents 4 and 5 accepted permanent employment under another employer, the State Government, in December, 1958, referred the industrial dispute alleged to have arisen between the petitioner and the workmen for adjudication to the Fifth Industrial Tribunal (Respondent No. 1). The Tribunal gave its award (Ex. E) on the 27th June, ...
Tag this Judgment!Arati Paul Vs. Registrar, High Court, Original Side
Court: Kolkata
Decided on: Aug-26-1964
Reported in: AIR1965Cal3
ORDERP.C. Mallick, J.1. The petitioner asks for a Writ in the nature of mandamus on the Registrar of this Court directing him 'to recall, cancel and withdraw the filing of the pretended award dated April 1, 1963 as a judgment in suit No. 1045 of 1947 aspart of the record of this Court. The petitioner is the plaintiff in the said suit and the respondents Nos. 3, 4 and 5 are the defendants. The dispute between the brothers and sister relate to the estate left by their father Srish Chandra Paul who died intestate in 1946 leaving considerable properties. Apart from the plaintiff who is the youngest daughter and is still unmarried, Sris had other daughters who are married and one of whom has died since. The widow of Srish, Pramila Sundari Dasi died on January 13, 1958 after having instituted the above suit and after executing a Will whereby she left her entire estate to the plaintiff her youngest daughter and the respondent No. 3 her youngest son, to the total exclusion of her two other son...
Tag this Judgment!Suravi Mukherjee Vs. State and anr.
Court: Kolkata
Decided on: Aug-26-1964
Reported in: AIR1965Cal469,1965CriLJ353,69CWN299
ORDERK.C. Sen, J.1. This Rule is directed against the order of Sri. B.K. Roy Choudhury, Magistrate, First Glass, Jangipur, dated 22nd April, 1964, whereby a warrant of arrest was issued against the petitioner Suravi Mukherji for her failure to attend court in connection with a case under Sections 354, 379 and 323 of the Indian Penal Code and the petition of the complainant under 323 alleged to have been committed by her was rejected. It appears that a revisional application filed before the learned Sessions Judge against the said order was rejected by Sri L.C. Sen,Additional Sessions Judge of Murshidabad on 30-5-64.2. The case is a very simple one, but a point of law is involved in this case, on which no decision of this Court has been shown by the learned Advocates appearing for both the parties. Briefly the complainant Pratima Banerji's case is that she brought a case against her brother-in-law Pronab Kumar Banerjee, the present petitioner Sm. Suravi Mukherjee and one Habul Chandra D...
Tag this Judgment!The Singer Manufacturing Co. Vs. the Registrar of Trade Marks and anr.
Court: Kolkata
Decided on: Aug-24-1964
Reported in: AIR1965Cal417,69CWN947
A.N. Ray, J.1. This is an appeal from the decision and order of the Deputy Registrar of Trade Marks, Calcutta, dated October 23, 1962. The appellant is the Singer Manufacturing Company. The decision of the Deputy Registrar of Trade Marks is that designation of goods in Application No. 170032 for registration of a trademark consisting of a label containing the word 'Sagar' in the form of Class 7 in respect of Sewing Machines and parts thereof be limited to 'sewing machines sold complete'.2. On July 11, 1955, Attorneys on the respondents made an application for registration of the Trade Mark Sagar is Class 7 in respect of Sewing Machines as appearing at page 1 of the Paper Book in the name of Vidya Sagar Trading as Paul Brothers, whose trade or business is 83, Lower Chitpur Road, Calcutta-7 by whom the said mark is used and who claims to be the proprietor thereof. The application was filed on July 19, 1955. On October 14, 1955 the Registrar of Trade Marks, Bombay, wrote to the said appli...
Tag this Judgment!The Commissioner of Wakfs Vs. Sm. Ayesa Bibi and ors.
Court: Kolkata
Decided on: Aug-20-1964
Reported in: AIR1966Cal68
ORDERP.B. Mukharji, J.1. This is an application under Section 115 of the Code of Civil Procedure on behalf of the Commissioner of Wakf, West Bengal. It raises an interesting question.2. A brief account of the facts will set out in good relief the points to be decided in this application. A title suit was filed in the third court of the Munsif, Howrah being title suit No. 21 of 1956 by Aysha Bibi who is the first opposite party in this application. That suit was instituted on or about the 14th day of February, 1956. The prayers in that suit were for a declaration that the Wakf deed executed by Haji Abdul Karim on the 30th March, 1917 was illegal, invalid, inoperative and void and not binding on the plaintiff. There was an incidental prayer for injunction. There were four defendants in that suit. The first three were(1) Mamud Ali who is the plaintiff's husband's brother's son, (2) Abdul Rashid who was the younger son of the plaintiffs husband's brother, (3) the third one is Daud Ali who ...
Tag this Judgment!Sen Mahasay and anr. Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Aug-20-1964
Reported in: AIR1966Cal203,1966CriLJ525
ORDERK.C. Sen, J.1. This Rule is directed against the Order of Shri. B. Moitra, the learned Senior Municipal Magistrate of Calcutta whereby he has convieled the petitioners because of infringement of the provision of Section 442 of the Calcutta Municipal Act and has sentenced, the petitioners to pay a fine of Rs. 10, in default, to suffer simple imprisonment for five days.2. The case for the prosecution was that the accused petitioner Messrs Sen Mahasay and the petitioner No. 2 Biswanath Sen were carrying on business of an eating house at premises No. 104, Rash Behari Avenue without a licence under Section 442 of the Calcutta Municipal Act. The defence was that the accused persons were not carrying on any business of eating house at the said premises but they have a sweetmeat shop mainly for selling various kinds of sweetment to the customers and occasionally some of the customers used to taste the sweetmeat sitting there before purchase. The petitioners duly obtained a licence under r...
Tag this Judgment!Phanindra Kumar Senyal and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-18-1964
Reported in: AIR1965Cal177
Muter, J.1. A rule was issued upon the respondent to show cause why Reference Case No. L.R.A. 20 of 1963 pending in the Court of the Special Land Acquisition Judge, 24 Parganas, should not be transferred to this Court for disposal or in the alternative the questions of law formulated in paragraph 21 or the petition should not be determined by this Court and the case returned to the said Land Acquisition Judge for disposal in informity with the decision of this Court. In order to dispose of the said Rule, it is necessary to take note of the relevant facts in the next succeeding paragraph. For this purpose, the reference is treated as transferred to and heard by this Court.2. The petitioners were owners of about seven bighas of land in Mouza Satgachi, P.S. Dum Dum within the Municipal Area of South Dum Dum Municipality. After the West Bengal Estates Acquisition Act came into force, they claimed to retain the said lands and held the same as tenants under the State of West Bengal paying re...
Tag this Judgment!Jeewanlal (1929) Ltd. Vs. Commissioner of Income-tax.
Court: Kolkata
Decided on: Aug-18-1964
Reported in: [1965]57ITR132(Cal)
MASUD J. - In this reference under section 66(1) of the Income-tax Act, 1922, the short point to be decided is whether the expenditure incurred for securing loan under overdraft account is to be treated as revenue or capital expenditure.The assessee had incurred an expenditure of Rs. 35,800 for securing financial overdraft from a bank. The said amount comprised the following heads of expenditure :Rs. 12,500paid to Manilal Kothari as brokerage or commission for successfully negotiating with the bank for overdraft.11,500paid to M/s. Mackenzie Lyall & Co. and M/s. P. P. Shah as costs of valuation of the assets of the assessee to be hypothecated with the bank for overdraft.11,800cost of stamp purchased for deed of hypothecation.35,800 The relevant year of assessment is the year 1952-53 and the corresponding previous year ended on December 31, 1951. The Income-tax Officer refused to allow the said expenditure of Rs. 35,800 on the ground that it was capital in nature and, on appeal, the Appe...
Tag this Judgment!Alkah and Chemical Corporation of India Ltd. Vs. Seventh Industrial Tr ...
Court: Kolkata
Decided on: Aug-14-1964
Reported in: AIR1966Cal114
ORDERB.N. Banerjee, J. 1. The point for my consideration in this Rule is short but interesting. That point is whether an Industrial Tribunal retains its jurisdiction to deal with an application for approval of penal action taken by an employer against an employee after the Tribunal has made its award on the industrial dispute referred to it. The provision of law, that is relevant for consideration in this context, is Section 33 of the Industrial Disputes Act to which I shall refer later on, 2. The circumstances in which the point arises for my consideration are hereinafter stated in brief. The petitioner company is a manufacturing concern and employee a large number of workmen. The company had dismissed a workman of the name or Satya Ranjan Ranerjee for absenteeism. That dismissal gave rise to an industrial dispute, which was referred by the respondent State Government to the Seventh Industrial Tribunal on October 26, 1961, for adjudication. While that reference was pending, the petiti...
Tag this Judgment!Lilabati Kanjilal and ors. Vs. the State
Court: Kolkata
Decided on: Aug-14-1964
Reported in: 1966CriLJ838
ORDERAmaresh Roy, J.1. This Rule was issued upon an application of tour persons against whom a proceeding was pending in the Court of the Magistrate at Ranaghat and a charge under Section 342, I.P.C. has been framed. The prayer of those petitioners was for quashing the proceeding2. The background in which this proceeding was commenced appears from the materials on the record and also certain other records to which reference has been made in the petition upon which the Rule was issued. Those are that one Lilabati Kanjilal, the first petitioner, is a teacher in a school named Nasra Girls' School at Ranaghat in the district of Nadia. The S.D.O., Ranaghat, is also the Administrator of that School. The said Lilabati Kanjilal had been served with a notice of termination of her employment as a teacher of that school on 29th of September 1.963 giving her three months notice for the termination to take effect from 1st of January 1964. The said notice was given by the S.D.O., Ranaghat, as an Adm...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »