Kolkata Court September 1967 Judgments
Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-29-1967
Reported in: AIR1968Cal407,72CWN440
Sinha, C.J.1. This application and anumber of other applications relate to a group of cases commonly described as 'gherao' cases. The expression 'gherao' is not entirely new, and already finds place in three Bengali dictionaries. But as will be presently described, it has now acquired a connotation and meaning which is entirely new. In its new garb it has acquired a semblance of enviable notoriety News of gheraos are now widely published in news-papers and are avidly read by the public Like many other words it may soon be considered as a contribution of West Bengal to semantics and I have no doubt that it will presently appear in all standard dictionaries in the English language The origin of the word 'gherao' is not easy to ascertain. As I have already mentioned the word occurs in three Bengali dictionaries. In the dictionary compiled by Jnanendra Mohan Das, the word 'gherao' is stated to have been derived from the Hindi word 'ghirao' and means 'covered or encircled'. It is alsomentio...
Tag this Judgment!Mrs. Marie Baker Vs. Melville Baker
Court: Kolkata
Decided on: Sep-27-1967
Reported in: AIR1968Cal144
Laik, J.1. This is an undefended cause promoted by the wife and commenced on 18-1-1966 in which she claimed at the hands of the learned District Judge, 24-Parganas a divorce by reason of her husband's desertion and adultery with a married woman named Mrs. A. E. Wollocombe.2. The petitioner alleged that the cause of action had arisen since 1954 but that the wife 'owing to short of funds and other various unavoidable circumstances' could not file the petition earlier and begged to be excused. It prayed the Court to pronounce a decree declaring the marriage, solemnised on May 5, 1948 according to Christian rites, dissolved. The petition came on for proof. The respondent husband did not contest. The wife along with another woman deposed but they were not cross-examined. Adultery and desertion were proved. The learned Judge decreed the suit ex parte subject to confirmation by this Court3. The only and all important question in this reference is, has the petitioner been guilty of unreasonabl...
Tag this Judgment!Sunilakhya Chowdhury Vs. H.M. Jadwet and anr.
Court: Kolkata
Decided on: Sep-27-1967
Reported in: AIR1968Cal266,1968CriLJ736
ORDERN.C. Talukdar, J.1. This Rule must be made absolute. The present revisionsal application is for quashing, in so far as it relates to the petitioner, a criminal case being C. R. Case No. 638 of 1966, pending in the Court of the Additional District Magistrate at Port Blair. Andaman and Nicobar Islands under Section 500 I. P C.2. The facts leading on to the present revisional application may be put in a short compass. On the 14th May 1965 in the issue of the 'Darpan' a Bengali weekly published In Calcutta, an editorial article was published containing an alleged defamatory imputation against the complainant firm, viz., R. Akoji Jadwet and Company This weekly used to be printed at a press owned by a Limited company, viz., the Metropolitan Printing and Publishing House(P) Ltd. and at the relevant time, the present petitioner, Sunilakhya Chowdhury, was one of the Directors of the Company. The accused petitioner was neither the maker, that is the author nor the printer nor the publisher ...
Tag this Judgment!Rajendra Kumar Ruia Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-27-1967
Reported in: 1969CriLJ243
ORDERN.C. Talukdar, J.1. This revisional application is under Sections 439 and 561-A of the Code of Criminal Procedure against an order passed by Shri R. Roy Chowdhury, Magistrate, First Class, Alipore, 24 Parganas, on 1.8.66 in case No. G.R. 2478 of 1965/T.R. No. 28 of 1966 framing a charge against the petitioner under Section 411, I.P.C.2. The facts leading on to the present rule may be put in a short compass. The present petitioner, Rajendra Kumar Ruia, is the partner of Messrs. Shri Annapurna Credit Co., which is a firm of financiers. Through an agreement dated the 7th July, 1961, purporting to be a hire-purchase agreement, a copy whereof has been marked as Annexure 'A' to the supplementary affidavit filed on behalf of the petitioner, entered into between the complainant Sudhindra Kumar Sengupta as the hirer on one part and Messrs. Shri Annapurna Credit Co. as the owners on the other part, a taxi cab being Taxi Cab No. WBT 1298, was purchased by the above-mentioned complainant unde...
Tag this Judgment!Sunil Kumar Ghosh Vs. Ajit Kumar Das and ors.
Court: Kolkata
Decided on: Sep-22-1967
Reported in: AIR1969Cal492,1969CriLJ1234,73CWN212
ORDERN.C. Talukdar, J. 1. This Rule is at the instance of the de facto complainant and is against an order dated the 31st May 1960 passed by Shri S.L. Roy, Magistrate, First Class, Howrah, acquitting the accused opposite parties, who are 4 in number, under Sections 427, 447 and 323, I. P. C. 2. Bereft of all verbiage, the prosecution case inter alia is that Shri Sunil Kumar Ghosh (P. W. 1) is a partner of Das Ghosh and Co. having amongst others a shop or a 'gola' of building materials at 127, Netaji Subhas Road, Howrah. On the 26th July, 1964 at about 8.15 A. M. when the said P. W. 1 was working in this shop, the accused opposite parties came in a body and started breaking down the northern, fencing thereof. They threatened to assault the complainant when the latter protested and came upon the land of the gola, forcing the complainant thereby to run away in fear. P. W. 1 proceeded to the police-station where he lodged a F. I. R. (Ext. 1) over the said incident which was witnessed by P....
Tag this Judgment!Rank Film Distributors of India Ltd. Vs. the Registrar of Companies, W ...
Court: Kolkata
Decided on: Sep-21-1967
Reported in: AIR1969Cal32,72CWN384
S.K. Mukherjea, J. 1. This is an appeal against an order by which the learned Judge dismissed an application under Section 17 of the Companies Act for confirmation of alteration of the provisions of the Memorandum of Association of a Company by special resolutions so as to transfer the place of its registered office from one State to another. The registered office of the company is situate at Calcutta. One of the main objects of the company is to carry on the business of distributors of films. By those special resolutions it was resolved that subject to the sanction of the High Court at Calcutta being obtained, the registered office of the company at present situate in the State of West Bengal be removed to theState of Maharashtra and the relevant clause in the Memorandum of Association be altered accordingly.2. It is stated in the petition that in arriving at the decision to transfer its registered office from Calcutta to Bombay, the facts taken into consideration were:(i) The Head Of...
Tag this Judgment!In Re: Arbn. Indian Mutual General Society Vs. Hardev Singh and anr.
Court: Kolkata
Decided on: Sep-15-1967
Reported in: AIR1968Cal340
ORDERS. Datta, J. 1. This is an application for stay of a suit under Section 34 of the Arbitration Act made by Indian Mutual General Insurance Society Ltd. against Hardev Singh Motiram and Auto Finance Corporation who have filed a suit being Suit No. 808 of 1967 against the Insurance Company for a sum of Rs. 13,184/70p. due to them under the Policy in respect of low or damage caused to the vehicle insured. 2. The said policy contains as usual an Arbitration Clause relevant of which is a follows : Clause (8) 'All differences arising out of this Policy shall be referred to the decision of an Arbitrator to be appointed in writing by the parties in difference of if they cannot agree upon a single Arbitrator, to the decision of two Arbitrators, one to be appointed in writing by each of the parties within one calendar month after having been required in writing so to do by either of the parties or in case the Arbitrators do not agree of an Umpire appointed in writing by the Arbitrators befor...
Tag this Judgment!Dhirendra Nath Sen and ors. Vs. Santa Shila Devi and ors.
Court: Kolkata
Decided on: Sep-14-1967
Reported in: AIR1968Cal336,72CWN86
ORDERS.A. Masud, J.1. This is a glaring case where the travesty of justice has been caused by the act of the parties. By an award made by the Late Dr. Radha Binod Pal on 27th May, 1955, several persons were directed to pay a sum of Rs. 5,000 each to the petitioner Sm Santa Shila Devi. the relevant clauses of the said award read as follows:'10(a) That 1. Sri Dhirendra Nath Sen. 2. Sri Priya Nath Sen. 3. Sri Anandi Nath Sen. 4. Sri Jitendra Nath Sen. 5. Sri Satendra Nath Sen. 6. Sri Fanindra Nath Sen. 7. Sri Rabindra Nath Sen. shall each pay severally to Sm Santosila Debi the sums of Rs 5000 (five thousand) each (in all Rs. 35000) (thirty five thousand) in full satisfaction of her claim to the dividends from the New India Glass Works (Calcutta) Ltd., upto the close of the year 1945-46 as also in full discharge of her claim in respect thereof from the joint family. (b) That each of the seven brothers named above shall pay to Sm. Santosila Devi the amount thus declared payable by him in f...
Tag this Judgment!Kanailal Bhattacharjee Vs. Nikhil Das and anr.
Court: Kolkata
Decided on: Sep-13-1967
Reported in: AIR1969Cal267
ORDERS.P. Mitra, J.1. The petitioner is an elector of the Burtola Assembly Constituency in Calcutta. He has challenged the election of Nikhil Das, the respondent No. 1 to the West Bengal Legislative Assembly in the general election, of 1967 from the Burtola Constituency. The principal ground on which the petition is based, is that Nikhil Das' name appeared in the electoral roll of the Taltola Constituency in Calcutta; in this electoral roll the address of Nikhil Das has been shown as premises No. 124C, Dharamatolla Street; but Nikhil Das never was nor is 'ordinarily resident' at the said premises. The petitioner has asked, inter alia for a declaration that the election of the respondent No. 1 from the Burtola Assembly Constituency is void and a further declaration that the respondent No, 2 has been duly elected,2. The following issues were raised:-1. Was the respondent No. 1 at any material time ordinarily resident at premises No. 124C, Dharamtolla Street, Calcutta, and as such, was he...
Tag this Judgment!In Re: Bholanath Chatterjee and Ex Parte: Ratnakar Misra
Court: Kolkata
Decided on: Sep-12-1967
Reported in: AIR1968Cal521,72CWN35
ORDERS.A. Masud, J.1. This is a creditor's application for an order of adjudication against the debtor, Bholanath Chatterjee. According to the creditor on or about 2nd September, 1966 he lent and advanced to the debtor for the purpose of the latter's business asum of Rs. 3,000 repayable 90 days after the said date with interest thereon at the rate of 6 per cent per annum. In support of the debt a copy of the hundi was annexed to the petition. The act of insolvency is set out in paragraph 10 of the creditor's petition. The first act of insolvency according to the creditor is that Bholanath Chatterjee has sold out his business 'Malay Grill' at premises No 82/2A. Bidhan Sarani Calcutta where he was carrying on business, and this transfer of the business is a transfer 'with intent to defeat and delay his creditors' within the meaning of S. 9(b) of Presidency Towns Insolvency Act, 1909; second act of insolvency is that on 6th May 1967, 10th May 1967, and 11th May 1967 the creditor tried to ...
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