Kolkata Court November 1965 Judgments
Giridhari Ballani Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Nov-29-1965
Reported in: AIR1966Cal634,1966CriLJ1410,70CWN511
S.K. Niyogi, J.1. This Appeal is by the accused Girdhari Ballani against his conviction under 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954 by a Municipal Magistrate, Calcutta. He was sentenced on conviction to pay a fine of Rs. 400 in default whereof he has to undergo rigorous imprisonment for four months.2. The appellant works as an accountant in a Jama temple situated at 27, Polok Street, Calcutta. P. W. 3 Mansuklal Dessi is an honarary secretary of the temple. On 20-8-63 a Food Inspector of the Calcutta Corporation visited the temple at about 3 P. M. to work out some information given by one Sk. Khoda Bux. The secretary of the temple (P. W. 3) arrived there on receipt of a message by phone and in his presence P. W. 1 seized four tins of ghee which were in the process of being removed from a room inside the temple. The appellant on getting information came there and he claimed before the Food Inspector that he was the owner or the ghee. P. W. 1 ...
Tag this Judgment!Jagadish Chandra Bose Vs. Baijnath Shaw
Court: Kolkata
Decided on: Nov-25-1965
Reported in: AIR1966Cal580
A.C. Sen, J.1. The present appeal under Clause 15 of the Letters Patent arises out of a suit for eviction instituted by the plaintiff, appellant against the defendant respondent. The suit was filed on 10th March, 1950 during the continuance of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1948. The plaintiff asked for eviction on the ground that the defendant's interest in the disputed premises had been ipso facto determined under Sub-section (3) of Section 12 of the said Rent Act of 1948. The Rent Control Act of 1950, that is to say, the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 came into force during the pendency of the suit.2. The plaintiff not only claimed recovery of possession; he also claimed rent at the rate of Rs. 12/- per month from July to September 1949 and mesne profits at that rate from October 1949.3. The only point in controversy at the trial was whether the defendant paid rent for July and August 1949. Admittedly the defenda...
Tag this Judgment!Dinesh Chandra Bhattacharyya and ors. Vs. Member Board of Revenue and ...
Court: Kolkata
Decided on: Nov-24-1965
Reported in: AIR1967Cal33,[1967]19STC224(Cal)
A.K. Mukherjea, J.1. This is an appeal against an order dated August 19, 1964 passed by Sinha, J. rejecting an application under Article 226 of the Constitution of India and refusing to issue a rule nisi upon that application.2. The short facts of the case are as follows. The petitioners carry on the business of structural contractors & builders under the trade name of Messrs D. C. Bhattacharjee and Co. On February 25, 1959 the petitioners-appellants were assessed by the Commercial Tax Officer, 24 Par-ganas under the Bengal Finance Sales Tax Act 1941 for the period from November 22, 1954 to April 10, 1956. The turnover of the assessesfor the relevant period was Rs. 87,380. In computing the tax on that turnover the Commercial Tax Officer worked on the principle of taxation which is incorporated in Rule 2(2) of the Bengal Sales Tax Rules, 1941. Almost two years before this order of assessment was passed, Rule 2(2) of the Bengal Sales Tax Rules, 1941 had been struck down as bad, illegal a...
Tag this Judgment!Benoy Krishna Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-24-1965
Reported in: AIR1966Cal429
D. Basu, J.1. This application under Article 226 of the Constitution is directcd against a notification (Vide Ann. 'S' to the Supplementary Counter-affidavit') under Section 4 of the Land Development and Planning Act, 1948 (hereinafter referred to as the Act of 1948), dated 18-2-1959 and the declaration under Section 6 thereof (No. 7666L. Dev./16-6-62), made in pursuance of the notification, which is annexed to the petition (p. 24), in respect of the Petitioner's lands specified in the declaration.2. A joint affidavit-in-opposition has been filed on behalf of the State of West Bengal and its officers. No separate counter-affidavit appears to have been submitted by respondent No. 5, the Commissioner of the Refugee Rehabilitation Dept. of the State of West Bengal.3. Since a number of points have been raised in the Petition, it would be convenient to lake them up serially, 'with reference to the facts relevant to each of them. But some of them, which may be rejected without much reasoning...
Tag this Judgment!Eastern Bank, Ltd. Vs. Central Government Industrial Tribunal
Court: Kolkata
Decided on: Nov-24-1965
Reported in: (1966)ILLJ647Cal
B.N. Banerjee, J.1. The petitioner carries on the business of banking inter alia at No. 14, Netaji Subhas Road, Calcutta.2. Industrial disputes between the petitioner and its employees used to be governed by the terms of an all-India award known as ' Sastri award ' as modified by the Industrial Disputes (Banking Companies) Decision Act (41 of 1955). The Sastri award was replaced by a subsequent all-India award known as the ' Desai award,' with effect from 30 June 1962.3. On or about 27 May 1960, the petitioner promoted three clerks in its service, namely, Bibnuti Bhusan Barman, Troilokhya Nath Guha Roy and Heramba Kumar Moitra, to the position of audit clerks. The workmen of the petitioner disputed the legality of the promotions on the theory that the promotions were opposed to the provision of the Sastri award. On that dispute being raised, there was a conciliation proceeding held between 24 and 31 May 1960 and the dispute was settled on 31 May 1960 on the following terms:It is agreed...
Tag this Judgment!Bimal Kumar Chakravarti Vs. Eastern Railway (by General Manager) and o ...
Court: Kolkata
Decided on: Nov-22-1965
Reported in: (1966)IILLJ290Cal
B.N. Banerjee, J.1. This is directed against a notice directing the petitioner, a railway servant, to show cause why he should not be reduced in rank from the post of a tracer to that of a peon, for a period of three years. The circumstances leading to the issue of the notice are hereinafter briefly stated.2. According to the affidavit-in-opposition, filed by the respondents, the petitioner was appointed, in the year 1946, as a peon, on a pay of Es. 12 per month, in the railway unit, then known as the B.A. Railway. He was subsequently promoted as a record-supplier, with effect from 1 February 1947, In the scale of pay of Rs. 17-25 and was posted at Kanchrapara. From there he was transferred to Lumding, on 27 August 1947, but as there was no vacancy at that time at Lumding, the petitioner was directed to report to the Transfer Office/India. This being the time of partition of India, considerable confusion was prevailing. The petitioner, it Is said, took advantage of the confusion and wh...
Tag this Judgment!Shipping and Clearing (Agents) Private Ltd. Vs. Corporation of Calcutt ...
Court: Kolkata
Decided on: Nov-19-1965
Reported in: AIR1967Cal110,1967CriLJ329,70CWN1019
P.B. Mukharji, J.1. The petitioners are Messrs. Shipping and Clearing (Agents) Private Limited. They obtained this Rule against the order of conviction under Section 7(i) read with Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 and a fine of Rs. 100 (one hundred), passed by the Presidency and Municipal Magistrate. Calcutta, on the 16th January 1963.2. The facts of the case lie within a small compass. The offending article, namely, adulterated tea was found in the godown at No. 1, Satya Doctor Road. The Food Inspector took the sample of adulterated tea from the godown. It is found as a fact that Ramprosad Sukul, the second accused was the gate keeper and the durwan of the petitioner company at the said godown. This second accused is now absconding. The chemical analysis and the analyst's report confirmed that the tea was adulterated within the meaning of the Prevention of Food Adulteration Act having exceeded the permissible limits of crude fibre. The learned Magistra...
Tag this Judgment!Jawhar Knitting Mills Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Nov-19-1965
Reported in: AIR1967Cal200
ORDERB.N. Banerjee, J. 1. Under a license to import nylon buttons from soft currency area upto value of Rs. 8,000 the petitioner firm imported one consignment of buttons allegedly from Hong Kong of the value of Rs. 3612.54NP. (Rs. 3600/-according to affidavit-in-opposition), hereinafter referred to as the first importation. The goods were allowed to be cleared on payment of duty. When the next consignment of buttons, valued at Rs. 4360/- in the bill of entry, arrived, the clearance of the goods was held up because the customs authorities considered the declared value to be too low. The petitioner firm sought to justify the declared value on the theory that the goods being of Hong Kong manufacture, the value was cheap. In support of this theory, the petitioner produced before the customs authorities certain documents, which, however, failed to impress the customs authorities.2. On March 18, 1960, the petitioner was charged with misdeclaration of the value of the consignment in the follo...
Tag this Judgment!K.P. Sen Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Nov-19-1965
Reported in: AIR1966Cal356,71CWN622,(1966)IILLJ861Cal
B.C. Mitra, J. 1. This appeal is directed against a judgment and order of Sinha, J., dated June 3, 1964, by which a rule nisi obtained by the appellant in a petition under Article 226 of the Constitution, was discharged. 2. The appellant who was in the Indian Administrative Service, held the Office of Additional Secretary, Finance Department of the Government of West Bengal. He was confirmed in that Office with effect from September 11, 1961, and his substantial pay was Rs. 2150 per month. He was due to retire from the Indian Administrative Service on October 31, 1961, but his service was extended upto December 31, 1961. He was granted refused leave for a period of four months from January 1, 1962, to April 30, 1962, and thereby his service was further extended by four months upto April 30, 1962. 3. By an order dated December 9, 1961, the appellant was appointed a Member of the Public Service Commission, West Bengal. It is to be noticed that this appointment was made while he was still...
Tag this Judgment!Shree Bhowani Cotton Mills Vs. Union Textile Traders
Court: Kolkata
Decided on: Nov-19-1965
Reported in: AIR1966Cal588
ORDERA.N. Ray, J. 1. Four questions have been canvassed on the notice of motion. First, that thearbitration agreement is vague. Secondly, that the rules of Indian Chamber of Commerce are illegal. Thirdly, that the Registrar, Tribunal of Arbitration, Indian Chamber of Commerce failed to exercise his discretion. Fourthly, that the arbitrators are guilty of misconduct. 2. The petitioner and the respondent had dealings and transactions whereby the respondent sold and the petitioner bought certain quantities of Cone yarn. The contract contained inter alia the following provisions: (a) In case of any dispute arising out of this contract the matter in dispute shall be referred to the arbitration of the Indian Chamber of Commerce whose decision shall be binding on both the parties. (b) The Courts at Calcutta alone and no other Courts whatsoever shall have jurisdiction to entertain and try suits in respect of any claim or disputes arising out of or under this contract or in any way relating to...
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