Kolkata Court July 1965 Judgments
Lionel Edwards Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-28-1965
Reported in: AIR1967Cal191,70CWN452
A.K. Das, J. 1. This is an appeal against the judgment and decree passed in Money Suit No. 5 of 1954 by Sri S.C. Talukdar, Subordinate Judge Alipore, decreeing the plaintiff's suit for recovery of cost of repairs to plaintiffs vessels. 2. The plaintiff in the suit is the State of West Bengal which had two motor launches Banalata and Banarani and the launches were placed with the Garden Reach Workshop Ltd. for repairs. On the 10th February 1951 when the launches were waiting for repairs at the Dock, S.S. Shahrok, a vessel owned by the defendant's principal suddenly collided with these launches and several others waiting there, causing serious damages. The plaintiff thereafter got an estimate of repairs at Rs. 16,390 for Banalata and Rs. 1568 for Banarani from the Garden Reach Workshop and claimed the said amounts from the defendant as damages. The defendant while agreeing to pay the cost of repairs of Banarani contended that Banalata was not worthy of repairs and that the pre-collision ...
Tag this Judgment!Arati Paul Vs. Registrar, O.S., High Court and ors.
Court: Kolkata
Decided on: Jul-27-1965
Reported in: AIR1966Cal129
B.C. Mitra, J. 1. This is an application for a certificate under Article 133(1) of the Constitution. The petitioner and the respondents Nos. 3, 4 and 5 are the daughter and sons respectively of one Srish Chandra Paul, since deceased. The petitioner is the youngest daughter of the deceased and the respondents Nos. 3, 4 and 5 are three of his surviving sons.2. In 1946, the widow of the said Srish Chandra Paul executed a deed of gift in favour of her three sons, but later she instituted a suit in this Court being Suit No. 1045 of 1957, for cancellation of the deed of gift, and for partition of the estate, left by her deceased husband. In 1958, the widow died leaving a will whereby she bequeathed her entire estate to the petitioner and her youngest son Gour Chandra Paul, who is respondent No. 5 in this application. The petitioner was transposed to the position of ft plaintiff in the said suit. In February, 1960, file petitioner also applied for grant of letters of administration in respect...
Tag this Judgment!Benoy Kumar Biswas Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-26-1965
Reported in: AIR1966Cal509,1966CriLJ1125,70CWN147
R.N. Dutt, J.1. This is an application under Section 491 of the Code of Criminal Procedure for a Writ in the nature of Habeas Corpus directing release of the petitioner Benoy Kumar Biswas.2. The petitioner was arrested on January 14, 1965 and detained in the Dum Dum Central Jail under Rule 30(1)(b) of the Defence of India Rules, 1962. The order of detention is set out below;'Whereas the Governor is satisfied that with a view to preventing Shri Benoy Kumar Biswas, son of Shri Upendra Nath Biswas, of Bongaon Rail Bazar, P. S. Bongaon, Dist. 24 Parganas, from acting in any manner prejudicial to 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, 1962, is pleased hereby to direct that the said person be detained and be kept in custody in the Dum Dum Central Jail during the period of such detention. BY order of the Governor Sd/- Illegible A...
Tag this Judgment!Basanta Kumar Ray Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-21-1965
Reported in: (1966)IILLJ46Cal
Banerjee, J.1. The petitioner was a labour officer under the Government of West Bengal, While serving in that post, the petitioner and two other officers, namely, Smt. Indira De, then an Assistant Labour Commissioner, and Sri D. P. Dutta, a labour officer, were appointed, by the Government of India, as inspectors under the Employees' Provident Funds Act, 1952, by a notification dated 23 July 1952. The relevant portion of the notification is set out below:In exercise of the powers conferred by Sub-section (1) of Section 13 of the Employees' Provident Funds Act, 1952 (19 of 1952), the Central Government hereby appoints Smt. Indira De and Debi Prosad Dutta and Sri Basanta Kumar Roy to be inspectors for the whole of the State of West Bengal for the purposes of the said Act and of any scheme made thereunder, in relation to factories which are engaged in a controlled industry or in an industry connected with a mine or an oil-Said.2. The Labour Commissioner, West Bengal, released the petition...
Tag this Judgment!Chirkut Tewari Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-14-1965
Reported in: AIR1967Cal89,70CWN1
B.C. Mitra, J. 1. This is an appeal from a judgment and order of Banerjee J., dated September 11, 1961, whereby a rule nisi obtained by the appellant, on a petition under Article 226 of the Constitution, was discharged. A society registered under the Societies Registration Act, 1860, and known as Hooghly Kristi Parishad (hereinafter referred to as the Parishad) required some land for its activities. The appellant claims to be the owner and as such in actual possession of C. S. plots Nos. 3367 and 3368, which together cover an area of more or less .086 acres. These plots are situated in the town of Chinsurah, and it is alleged by the appellant, that they are contiguous to all routes of buses and other communications. The appellant is a minor and it is claimed that he is maintained by his father and natural guardian Jagannath Tewari, out of the income of the said properties.2. A Notification under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act) dated Jul...
Tag this Judgment!Ramdhari Saha Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-07-1965
Reported in: [1966]17STC215(Cal)
B.C. Mitra, J.1. The appellant, a partnership firm, is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941 (hereinafter referred to as the Act), and as such holds a registration certificate. Under the terms of this certificate the appellant is required to submit its returns of taxable turnover annually, according to the Bengali calendar year ending with the 31st Chaitra. This return is to be filed within two months of the closing of the accounting year. The return for the year 1364 B.S. was due to be submitted on or before 13th June, 1958, but the appellant failed to submit the return within the prescribed time. No application was made before the expiry of the time, for extension of the time to file the return.2. On the appellant's failure to submit the return within the due date or to apply for an extension of the time for submission of the return, proceedings were commenced against the appellant under Section 11 of the Act. A notice dated 17th June, 1958, was served up...
Tag this Judgment!Biratnagar Jute Mills Ltd. Vs. Lalta Prasad Goenka
Court: Kolkata
Decided on: Jul-02-1965
Reported in: AIR1966Cal302
Masud, J.1. The only point urged by the defendant appellant in this appeal against the judgment and decree of Ray, J. is that the suit should have been dismissed inasmuch as the defendant company did not carry on business within the original jurisdiction of the Calcutta High Court on the date of the institution of the suit and as such, the trial court had no jurisdiction to decide it. The suit was instituted for the recovery of Rs. 8,05,545 for interest and cost in connection with certain transactions between the parties in raw jute as a result whereof the defendant became liable to pay to the plaintiff a sum exceeding Rs. 12,00,000. As the defendant could not pay the sum as set out in paragraph 2 of the plaint, it was agreed that the defendant would issue in favour of the plaintiff debentures for a sum of Rs. 6,00,000 and hundies for a sum of Rs. 6,00,000. It was further agreed according to the plaintiff that defendant would pay the balance in cash and that all the payments should be ...
Tag this Judgment!- ‹ Prev
- Next ›