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Kolkata Court February 1967 Judgments

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Feb 03 1967

Chunilal Das Vs. the State on the Complaint of Sm. Ashalata Ghosh

Court: Kolkata

Decided on: Feb-03-1967

Reported in: AIR1968Cal18,1968CriLJ32

R.N. Dutt, J. 1. On some first information report lodged by one Ashalata Ghosh the police made an investigation and submitted charge-sheet on July 4, 1960 against three persons On August 4, 1960. Ashalata Ghosh filed a petition before the Sub-divisional Magistrate for summoning the petitioner Chunilal Das also On the same date the case was transferred to Sri K R Mondal. Magistrate for disposal The case was suhsequentlv on 6-12-1960 transferred to Sri S N Banerjee Magistrate 1st Class for disposal On December 12, 1960 Ashalata Ghosh filed a petition before Sri Banerjer for summoning the petitioner This petition was rejected on the same day though no final order appears to have been passed on the previous petition filed by her on August 4. 1960 Subsequenth Ashrdata Ghose filed a fresh petition before the same Magistrate for summoning the petitioner. This petition was again rejected on May, 2, 1962, Ashalata Ghosh then moved this Court against this order of rejection but her application w...


Feb 03 1967

P.E. Davis and Co. Vs. Kesto Routh

Court: Kolkata

Decided on: Feb-03-1967

Reported in: AIR1968Cal129,(1968)IILLJ393Cal

A.K. Mukherjea, J. 1. There is an appeal against the judgment and order dated 30th November, 1960 passed by the Commissioner for Workmen's Compensation. 2. The facts of the case are as follows: The petitioner Kesto Routh was a workman employed by a contractor of the opposite party P. E. Davis and Company, a firm of stevedores who were registered under the Calcutta Dock Labour Board. I shall refer to the petitioner as Routh hereinafter. On the night of 30th April, 1959, Routh was working on board the vessel S. S. Fern Leaf which was berthed at the King George's Dock buoy. Routh was assaulted by the crews of the said vessel and received certain injuries in his neck, chest, head, eyes, ears, teeth and almost all over the face. At the time of this incident Routh was receiving a sum of Rs. 172.50 P. as monthly wages. Routh claims compensation from the opposite party for the injuries which he had received at a time when he was in their employment. 3. The opposite party in its written stateme...


Feb 03 1967

CaptaIn D'Souza Vs. Pashupati Nath Sarkar

Court: Kolkata

Decided on: Feb-03-1967

Reported in: 1968CriLJ405

ORDERT.P. Mukherji, J.1. The petitioner who is the accused in a case under Sections 301, I.P.C. and 214 of the Merchant Shipping Act pending before the Chief Presidency Magistrate of Calcutta prays for quashing the proceeding pending against him on the ground that the allegations made in the complaint made against him and the facts elicited in the enquiry under Section 202, Criminal P.C., do not make out an offence under Section 304A, I.P.C., and that there were no legal materials before the learned Magistrate which might justify his being summoned to stand his trial under Section 214 of the Merchant Shipping Act either.2. The petitioner is the master of a sea going vessel S.S. Indian Exporter and one Sanat Kumar Sarkar, deceased, was the junior engineer in that ship. The ship arrived at Sand bead 110 miles off the part Calcutta on 5.10.1966 and had to wait there for pilotage. On 11.10.1966 Sanat Kumar reported for duty as usual and worked for sometime, but he was relieved early as he ...


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