Kolkata Court June 1965 Judgments
Ganesh Chandra Banerjee and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-29-1965
Reported in: AIR1967Cal143,70CWN387
Bose, C.J.1. This is an appeal from an order of Mr. Justice Banerjee dated the 7th January, 1963, discharging a Rule under Article 226 of the Constitution subject to certain clarification made in the declaration under Section 6 as indicated in his order.2. The appellants are residents within the Municipal limits of Bhatpara in the District of 24 Parganas and they are the recorded owners In respect of S. S. Dag Nos. 547, 548 and 549 of Khatian Nos. 1068 and 1282 of Mouza Bhatpara, P. S. Jagatdal in the District of 24 Parganas.3. By a notification dated 8th November, 1956, and bearing No. 16796 L. Dev. the said plots of the appellants were sought to be acquired under the provisions of the West Bengal Land Development and Planning Act, 1948, forthe purpose of settling immigrants. The ap-pellants thereupon filed objections against the proposed acquisition and the Land Acquisition Collector upon hearing the objection was satis-fied that the plots were of indispensable neces-sily to the appe...
Tag this Judgment!In Re: Jitendra Nath Banerjee
Court: Kolkata
Decided on: Jun-29-1965
Reported in: AIR1966Cal250,69CWN860
ORDERB.N. Banerjee, J. 1. This is a strange application by an advocate of this Court, who feels himself aggrieved by an order made by an Industrial Tribunal for payment of costs against his client, a trade union. 2. The circumstances under which this application has been made are hereinafter set out in brief. The petitioner, Jitendra Nath Banerjee, says that he practises both in this Court and before Industrial Tribunals, in the New Secretariat Buildings, Calcutta. In paragraphs 2 to 6 of the petition, the petitioner gives an account of an unpleasant incident, on March 25, 1965, in which he alleges to have become involved in an unspecified case before the Fourth Industrial Tribunal. According to the petitioner the consequence of the incident was that the Tribunal became ill disposed towards the petitioner. That incident is not the subject of this application and is related only to serve as a background to the main allegation contained in the petition. The petitioner further states that...
Tag this Judgment!Promode Das Gupta and ors. Vs. Deputy Secretary to the Government of W ...
Court: Kolkata
Decided on: Jun-28-1965
Reported in: 1966CriLJ826
ORDERB.N. Banerjee, J.1. The power of the State Government to determine the place of detention of the petitioner and conditions as to his maintenance and discipline, under Rule 30, Sub-rule (4) of the Defence of India Rules, is the subject-matter of challenge in this Rule.2. The petitioner says that he is a citizen of India, a political worker and the Secretary of the West Bengal Committee of the Communist Party of India. On October 29, 1984, the Government of West Bengal made the following order against the petitioner:Whereas the Governor is satisfied that with a view to preventing Sri Promode Das Gupta, son of Sri Motilal Das Gupta of 164, Lower Circular Road, and 23, Alimuddin Street, Calcutta, from acting in any manner prejudicial to the defence of India and the maintenance of public order, it is necessary to make an order directing that he be detained;Now, therefore, the. Governor, in exercise of the power conferred by Rule 30 of the Defence of India Rules, 1982, is pleased hereby...
Tag this Judgment!Hajee Ismail Said and Son (Pvt.) Ltd. Vs. Fourth Industrial Tribunal a ...
Court: Kolkata
Decided on: Jun-18-1965
Reported in: AIR1966Cal375,[1966(12)FLR69],(1966)IILLJ59Cal
P.B. Mukharji, J. 1. This is an appeal from the judgment and order of D.N. Sinna, J. discharging the Rule obtained by the appellant company in respect of 246 of its workmen.2. The significant point for determination in this Appeal is whether termination of service in accordance with the Standing Orders is always and necessarily a retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, and if it is not so always, in which cases such termination is retrenchment.3. The petitioner is a private limited company carrying on business in the manufacture of country spirit and rectified and denatured spirit. This business is exercised and can only be exercised in terms of an Excise license issued to the petitioner appellant and under its terms the Government fixed the price of the spirit and sanction from the Commissioner of Excise was necessary in order to exceed such a price. The workmen employed by the petitioner company are opposite party No. 4, and are represented by...
Tag this Judgment!Shaik Md. Shaffi Barry Vs. Income-tax Officer, d Ward Calcutta, and An ...
Court: Kolkata
Decided on: Jun-10-1965
Reported in: [1967]64ITR464(Cal)
B. C. MITRA J. - By a deed dated June 22, 1930, the appellant was appointed the mutwalli of a wakf estate by one Md. Ibrahim Barry, since deceased. By an earlier deed dated February 5, 1927, the said Md. Ibrahim Barry had dedicated two properties, namely, premises No. 11, Lindsay Street, Calcutta, and No. 8, Kanai Seal Street, Calcutta, as wakf properties. Besides the properties mentioned above, which were dedicated as wakf, and of which the appellant is the mutwalli, the appellant is the owner of certain other properties. In January 19, 1937, the said Md. Ibrahim Barry died. Under the said deed of wakf, the appellant and his sons and daughters are the beneficiaries.The gross income of the wakf estate is alleged to be Rs. 34,000 per year. For the income-tax assessment years 1958-59, 1959-60 and 1960-61, the income derived from the said personal properties of the appellant was lumped together with the income derived from the wakf estate, and the appellant was assessed as an individual o...
Tag this Judgment!Brindaban Chandra Basak Vs. Kalipada Bandopadhyay and ors.
Court: Kolkata
Decided on: Jun-04-1965
Reported in: AIR1966Cal205
Mitter, J 1. The question before the Full Bench in this reference arises out of an application for a certificate under Article 138(1) of the Constitution in a proposed appeal from a decision of a division bench of this Court dated April 4, 1963 by which the judgment and decree of the trial Court granting specific performance of a contract for sale of a property in Calcutta was reversed. The decision of the division bench not being one of affirmance entitles the petitioner to a certificate as a matter of course if the valuation test laid down in the said article is salislied. The suit for specific performance was filed on February 13, 1945 on a contract which fixed the price of the premises No. 81, Girish Park North in Calcutta al Rs. 15,000. On March 25, 1940 this property was put up to sale at an auction and was purchased by the respondent No. 8 Dhone Krishna Daw for a sum of Rs. 24,000. The petitioner Brindaban Chandra Basak filed a suit on April 16, 1946 impleading all necessary par...
Tag this Judgment!Eagle Plywood Industries Private Ltd. Vs. Amulya Gopal Majumdar and or ...
Court: Kolkata
Decided on: Jun-04-1965
Reported in: AIR1966Cal267,69CWN1025
Sinha, J. 1. The facts in this case are briefly as follows : The plain tiff-respondent Amulya Gopal Majumdar filed a mortgage suit against the defendant-appellant Eagle Plywood Industries Private Ltd., and defendant-respondents Nos. 2 to 5, being Suit No. 117 of 1954 in the Seventh Court of the Subordinate Judge at Alipore. On the 30th April, 1956 the plaintiff-respondent obtained preliminary decree in the said mortgage suit for Rs. 52,074-4-6. Against the said decree, the defendant appellant preferred an appeal in this Court being F. A. T. 1509 of 1956. The appeal was filed with a court-fee of Rs. 100 with a deficit of Rs. 2,000. On the same day, the defendant-appellant filed an application praying for an extension of time to put in the balance court-fee till one day after the reopening of the Court after the long vacation The Court reopened on the I9th November. 1956. On the 10th September, 1956 the application of the defendant-appellant was granted by the Registrar as prayed for, th...
Tag this Judgment!Mahendra Nath Roy Vs. Delraddi Chakdar and anr.
Court: Kolkata
Decided on: Jun-04-1965
Reported in: AIR1966Cal285
Sinha, J. 1. The facts out of which this reference to the Full Bench has arisen are briefly as follows: In April, 1953 the plaintiff Mahendra Nath Roy instituted a suit in the court of the learned Second Munsif, Alipore, exercising the powers of a Small Cause Court Judge, under the Provincial Small Cause Courts Act (Act IX of 1888), against the defendants Delraddi Chakdar and Debaraddi Chakdar, being S.C.C. No. 213 of 1953, claiming a sum of Rupees 319-8-0, being the value of the plaintiff's half share of the produce of the landin suit. The plaintiff claimed that the defendants were Bhag Chasis under the plaintiff and that the defendants had neither delivered to the plaintiff his share of the produce for the period Ist Baisakh 1357 B.S. to the end of Chaitra 1359 B.S. nor paid to him the value thereof. The defendants denied the allegations in the plaint. They denied that they were Bhag Chasis under the plaintiff, asserting that they were tenants under him. It appears, however, that the...
Tag this Judgment!Dhirendra Krishna Biswas Vs. Corporation of Calcutta and ors.
Court: Kolkata
Decided on: Jun-04-1965
Reported in: AIR1966Cal290,(1967)ILLJ288Cal
Sinha, J. 1. In this matter I have had the opportunity of reading the judgment of my learned brother Chatterjee J. I agree with his findings, and would like only to deal with the constitutional point involved in this application. That point is shortly as follows: Dr. A, T. Sen was appointed as a member of the State Public Service Commission on the 14th January, 1952. He was appointed as Chairman thereof on the 16th November 1954. Section 82 of the Calcutta Municipal Act 1951 provides that the State Government shall, as soon as may be after thecommencement of the said Act, constitute a Municipal Service Commission consisting of a Chairman who shall be a member of the State Public Service Commission, deputed by such Commission from time to time, and two members, one of whom shall be nominated by the State Government and the other by the Corporation. At the relevant time, that is to say, in March, 1958 Dr. A. T. Sen was purporting to act us the Chairman of the State Public Service Commiss...
Tag this Judgment!Promode Kumar Pandit Vs. Mritunjoy Mukherjee and anr.
Court: Kolkata
Decided on: Jun-04-1965
Reported in: AIR1967Cal354
P.N. Mookerjee, J. 1. This appeal is by defendant No. 1 and it arises out of a suit for declaration of title, confirmation of possession and injunction. 2. Shortly stated, the relevant facts lie within a short compass. The disputed property originally belonged to two brothers, Kumarish Dutt and Kaladhauta Dutta. The latter died, leaving behind his widow Kanaklata as his only heir. Thereafter, Kanaklata sold her interest on September 7, 1930 ostensibly to one Laksminarayan. The landlord filed Rent Suit No. 1105of 1942 against Kumarish, Kanaklata and Mohini Chhutarini who, according to the plaintiff, was the real purchaser under the above sale from Kanaklata and Laksminarayan the ostensible purchaser was her benamdar. In the said suit, the landlord got a decree and in execution of that decree, Kumarish auction-purchased the holding in the benami of his sister's son Haradhan. According to the plaintiff, Kumarish, as the real auction-purchaser, was in possession since the date of the said ...
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