Kolkata Court September 1964 Judgments
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Tarini Kumar Vs. Chief Commercial Superintendent Eastern Railway and a ...
Court: Kolkata
Decided on: Sep-18-1964
Reported in: AIR1965Cal75
ORDERD. Basu, J. 1. This petition under Article 226 relates to the petitioner's claim for pay and allowances for the period between the 29th of July, 1959 and the 4th of May, 1961 and arises from the following circumstances: The petitioner was a clerk in the office of Opposite Patty No. 1, the Chief Commercial Superintendent, Eastern Railway. On 1-11-56, the petitioner was arrested by the Police in connection with a Postal fraud case and was suspended with effect from 4-5-56, pending trial. The petitioner was tried, simultaneously, by the Sessions Judge, City Sessions Court, Calcutta and the Sessions Judge, Bhagalpur, on different charges, and was convicted. As a result of this conviction, the Petitioner was dismissed from his service on 29-7-59 but he was, later, acquitted, on appeal, by the High Courts of Calcutta and Patna, respectively. Following this acquittal, the order of dismissal was set aside by the Opposite Party No. 1 by his letter of the 25th August 1961 and the Petitioner...
Bombay Belting Co. Vs. Sew Pujan Singh
Court: Kolkata
Decided on: Sep-16-1964
Reported in: AIR1965Cal233,69CWN580
P.B. Mukharji, J. 1. This Rule raises a short but interesting point. 2. The facts giving rise to this Rule may be stated briefly. The plaintiff, a dismissed driver made an application to sue as a 'poor person' in the Presidency Small Cause Court, Calcutta, his employer for recovery of damages for wrongful dismissal. His claim was for a decree for Rs. 1870/-on that ground. The special feature about this case is that he had first made an application to sue as poor person for this claim but later on he withdrew that application. The learned Chief Judge who made that order on the 22nd April 1961 recorded in the order-sheet only this order inthis form: 'Lawyers for the parties present. Application is withdrawn.' No leave or permission of the Court was obtained by the plaintiff to bring either a fresh application to sue as a poor person or to bring a suit otherwise. Nevertheless subsequently the driver who is the plaintiff opposite party in this Rule made another application to sue as a poor...
Subramania Vishwanath Pillai Vs. Indo-world Trading Co. Ltd. and anr.
Court: Kolkata
Decided on: Sep-11-1964
Reported in: AIR1965Cal217
Mitter, J. 1. This is an application for reviewing two orders dated March 9, 1964 passed by this bench and for certain consequential reliefs. 2. The facts are as follows: The applicant Indo World Trading Co., Ltd., filed a suit jn this Court being Suit No. 214 of 1955 against a firm known as ChellamTrading Company and an individual by the name of S. V. Pillai for recovery of certain suras of money advanced by the plaintiff to the defendant firm. The defendant No. 2 is alleged to have guaranteed the payment of the dues of the plaintiff to the extent of Rs. 51,000/-. Both the defendants filed written statements. When the suit came on for hearing in the year 1959 the advocate for the defendant No. 2 stated that he had no instruction from his client. As between the plaintiff and the defendant firm certain terms of settlement were recorded in writing. The decree as drawn up bearing date May 6, 1959, shows that on the evidence adduced S.V. Pillai the defendant No. 2 was to pay the plaintiff ...
Chairman, Panihati Municipality Vs. Secretary, Panihati Municipal Labo ...
Court: Kolkata
Decided on: Sep-11-1964
Reported in: AIR1965Cal229
A.C. Sen, J. 1. The present application under Article 227 of the Constitution is directed against the award given by Sri P. K. Sarkar, Judge, Second Industrial Tribunal published by the Governor in the Gazette by Notification No. 1225-I.R./IR/14L-20/60 dated 14th March, 1961.2. The Chairman, Panihati Municipality is the petitioner before us and the Panihati Municipal Labour Welfare Union representing the workers is the Opposite Party.3. Three issues were referred to the Tribunal for adjudication, namely: -1. Whether the dismissal of seven workers mentioned in the Order of Reference is justified. To what relief, if any, are they entitled?2. Whether the seventeen workmen named in the Order of Reference are entitled to the difference of wages fixed under the Minimum Wages Act and the wages paid to them for the period from 1st November 1958 to 30th June 1959?3. Whether the nine workmen mentioned in the Order of Reference are entitled to retrenchment compensation. If so, what should be the ...
Royal Nepal Airline Corporation and anr. Vs. Monorama Meher Singh Legh ...
Court: Kolkata
Decided on: Sep-11-1964
Reported in: AIR1966Cal319,69CWN767
Bose, C.J. 1. This appeal No. 156 of 1964is from an order of Mallick, J. dated the 26th May 1964 refusing an application for trial of certain issues arising in the suit as preliminary issues and for examination of certain witnesses de bene esse in respect of such preliminary issues. 2. The suit out of which the application for trial of issues as preliminary issues arises was instituted by the plaintiffs-respondents on or about the 30th October 1961 for recovery of a sum of Rs. 8,42,500 for damages, interest and costs against the appellant Royal Nepal Airline Corporation. The cause of action as stated in the plaint is in substance as follows:- The defendant is a Corporation incorporated under the laws of Nepal having its Head-Office al Kathmandu, Nepal and it carries on business inter alia at No. 42 Chowringhee Road, Calcutta, within the jurisdiction of this Court. One Meher Singh Legha was at all material times employed as an Aircraft Pilot by and under the defendant on a basic salary ...
Ranendra Nath Neogy Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-11-1964
Reported in: AIR1965Cal434,1965CriLJ206
Bose, C.J. 1. This is an appeal from an order of Sinha, J., dated the 21st November, 1963 summarily ojecting an application under Article 226 of the Constitution asking for a writ in the nature of prohibition. 2. The appelant Stated a drug manufacturing business under the name and style of Messrs. Vitamin Laboratories, in 1946 at 'Sukchar in the District of 24 Parganas Later on he transferred his business to 43/2B; Baghbazar Street, Calcutia, which apparently bore another municipal number being 16/2 Mahendra Bose Lane, Bagbazar, Calcutta: In 1948 the Government of West Bengal introduced the licensing, system for the manufacture of drugs. The issuing of such licences and renewal thereof are regulated by the provisions of the Drugs Act. 1940 and the Drug Rules of 1945 framed under the said Act. The appellant was granted licences for manufacture of biological and non-biological medicines in 1948 and such licences were for a period of two years and were renewed in the years 1950, 1952 and ...
Golam Rasul Vs. Supdt. of Police and ors.
Court: Kolkata
Decided on: Sep-01-1964
Reported in: AIR1965Cal302,1965CriLJ676,69CWN126
ORDERD. Basu, J. 1. This application under Article 226 of the Constitution is directed against the order served upon the Petitioner to quit India, dated the 2nd August, 1962, issued under Section 8(2)(o) of the Foreigners Act, 1946, which Is in Annexure M to the Petition.2. The Petitioner's case, in short, is that he was born in India, In the district Birbhum, in 1925, where his parents have all along been living, in the ancestral home. The Petitioner was brought up and educated in India and was, in 1945, appointed a Clerk in the Office of the Chief Commercial Manager, B. and A. Railway. At the time of the Partition of India, he exercised his option for service in Pakistan, but his parents remained in India. In January, 1950, he came home from Saidpur, in Pakistan, where he was posted, and remained at home till the 10th of October, 1952. Thereafter, he temporarily returned to Saidpur with the intention of resigning his post, but, the Passport system having in the meantime been Introduc...
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