Kolkata Court June 1965 Judgments
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The State Vs. Sukumar Chakraborty
Court: Kolkata
Decided on: Jun-04-1965
Reported in: AIR1965Cal622,1965CriLJ735
Mitter, J.1. This case has been referred to a full bench for disposal after decision of the following questions:(1) Does an appeal lie to the Sessions Judge when in a proceeding under Section 480 or 485A of the Criminal Procedure Code a Magistrate of the First Class has imposed a sentence not exceeding Rs. 50?(2) Was the case of Bhowani Mohan Joardar v. Emperor, ILR 1944 (1) Cal 31 corresponding to : AIR1944Cal382 rightly decided?2. The case arose as follows: The accused Dr. Sukumar Chakraborty was summoned as a witness in a case pending in the Court of the Magistrate, First Class, Uluberia, being C. R. case No. 307 of 1959. As he failed to attend, a warrant was issued against him and after his appearance the witness, Dr. Sukumar Chakraborty, was tried summarily by the Magistrate, First Class, Uluberia, under Section 485A of the Criminal Procedure Code. He was convicted and sentenced to pay a fine of Rs. 50 in default to suffer simple imprisonment for one week. Against that conviction ...
Sm. Tarakdasi Debi and anr. Vs. Paresh Chandra Saha
Court: Kolkata
Decided on: Jun-03-1965
Reported in: AIR1967Cal332
P.N. Mookerjee, J.1. This appeal is by the judgment-debtor's representatives against the respondent, who, again, is the legal representative of the original decree-holder, the original judgment-debtor and the original decree-holder having both died in the course of the present litigation.2. The decree is one for ejectment and costs. It was obtained a long time back. From the decree of the original Court, there was an appeal to the lower appellate court and, thereafter, a second appeal to this Court by the original judgment-debtor. During the pendency of that second appeal, the decree-holder first died in January 1956 and thereafter, it appears, the judgment-debtor died in or about the year 1957. The appeal, however, remained on the file of this Court until it appears to have been disposed of by an order of my learned brother, Banerjee, J., passed, on March 17, 1959, to the following effect:'It being represented by the Advocate for the appellant that the sole appellant in this appeal di...
Surendra Nath Shukla Vs. Indian Airlines Corporation and anr.
Court: Kolkata
Decided on: Jun-01-1965
Reported in: AIR1966Cal272,[1965(11)FLR263]
P.B. Mukharji, J. 1. This is a plaintiff'sappeal from the judgment and decree of S. K. Dutta, J. dismissing the plaintiff's suit with costs on the ground of limitation under Article 115 of the Limitation Act. 2. The plaintiff sued two defendants the first is the Indian Airlines Corporation and the second defendant is Bharat Commerce and Industries Limited. The claim in the plaint is for damages for wrongful dismissal. The plaintiff claims salary from November 1952 to 6th February 1956 at the rate of Rs. 16840-0 per month including dearness allowance amounting to Rs. 6611-5-0 and other benefits of service including air passage amounting to Rupees 5001 and travelling allowances amounting to Rs. 1502. The total claim of the plaintiff is for Rs. 13,114-5-0. 3. The actual reliefs claimed by the plaintiff are interesting. His claim is for a declaration that the order contained in the letter dated 2nd January 1953 terminating the plaintiff's service to be null and void, illegal, wrongful and ...
Santosh Kumar Ghosh Vs. the Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Jun-01-1965
Reported in: AIR1966Cal396,[1965]16STC931(Cal)
ORDERB.N. Banerjee, J. 1. 'Chhana', according to the Rules framed under the Prevention of Food Adulteration Act, 1954, means 'the product obtained by precipitating the curd from boiling whole milk cow and buffalo by addition of lactic and oltric acids or any other suitable coagulating agent'. The question for my consideration, in this Rule, is whether 'Chhana' is 'cooked food', as in Item 7 of the Schedule to the Bengal Finance (Sales Tax) Act, 1941 and as such exempt from faxation, This identical question arose between the same parties in Civil Rule No. 1924 of 1960 (Cal). On that occasion I remanded that matter to the Commercial Tax Officer with a direction upon him to decide, on evidence, whether 'Chhana' can all be treated as 'cooked food'. After remand, the Commercial Tax Officer took evidence and came to me conclusion that 'Chhana' should not be treated as 'cooked food'. The finding of the Commercial Tax Officer are being disputed in this Rule on the two-fold ground, (1) that the...
Ram Prabesh Driver Vs. General Manager, Eastern Railway and anr.
Court: Kolkata
Decided on: Jun-01-1965
Reported in: (1967)ILLJ311Cal
Laik, J.1. This appeal is directed against an order of our learned brother Sinha, J., dismissing: the application of the appellant, in which it was prayed that the order of his removal from the railway service should be quashed and be set aside by a writ in the nature of a mandamus or by other appropriate writs.2. The long account of the relevant facts shortly is : On 5 November 1938, the appellant entered the railway service. In the year 1955, he was acting as an engine-driver. On 18 May of the said year, he, at his own request, got himself transferred from Barkakhana to Asansol. He gave a written declaration that he would not require railway quarters at Asansol. It is stated that while at Asansol, the appellant forcibly occupied a room in the quarters, meant for another person. As he refused to vacate, even after repeated requests a chargesheet was issued on 10 January 1956 on the appellant, which, however, was dropped, when on 31 June 1956, he was allotted a room in the railway quar...
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