Kolkata Court November 1969 Judgments
The State of West Bengal and ors. Vs. Sm. Kalyani Chowdhury and ors.
Court: Kolkata
Decided on: Nov-28-1969
Reported in: AIR1970Cal225
Ajay K. Basu, J. 1. This is an appeal filed by the State of West Bengal against the order and judgment passed by J. P. Mitter, J., allowing the writ application of the petitioner.2. The facts are that one Nishakar Choudhury, the petitioner since deceased, was a member of Bengal Civil Service (Judicial) and afterwards became member of the West Bengal Higher Judicial Service upto the time of his retirement on the 1st March, 1956. By an order dated 4-1-1954, he was confirmed in the grade of District Judge in the Higher Judicial Service with retrospective effect from 21-1-1951. And, in fact, at the time of retirement he was holding the post of Additional District and Sessions Judge, 24 Parganas at Alipore.3. The main contention of the petitioner was that though he was confirmed as a District and Sessions Judge by the order of the Government dated 4th January, 1954, with retrospective effect from 21st January, 1951, he was not promoted to the selection grade of Sub-ordinate Judges on 15-1-1...
Tag this Judgment!Aravinda Mohan Sinha Vs. Prohlad Chandra Samanta
Court: Kolkata
Decided on: Nov-28-1969
Reported in: AIR1970Cal437,1970CriLJ1341
Das, J.1. Revisional Applications Nos. 635 and 636 of 1969 and Appeal No. 476 of 1969, are heard together and this judgment will cover all of them.2. Aravinda M. Sinha, Asstt. Collector of Customs is the applicant in all these matters against orders passed by different Presidency Magistrates under Section 135, Customs Act and Rule 126P of the D. I. Rules. The accused persons were convicted under both Customs Act and D. I. Rules, Rule 126P but the sentences were different. In Rule No. 635 and appeal No. 476, the learned Magistrate dealt with them under the Probation of Offenders Act on executing a bond and undertaking thereby to keep peace and be of good behaviour for a period of 2 years and appear to receive sentence whenever called upon.3. In Rule No. 436, the learned Magistrate sentenced the accused to fine onlyunder Section 135, Customs Act and refrainedfrom passing any sentence under Rule 126P ofthe D. I. Rules. 4. Under the Customs Act, the convictions were based on a finding that...
Tag this Judgment!Gobindlal Bangur Vs. Income-tax Officer, Central
Court: Kolkata
Decided on: Nov-27-1969
Reported in: [1971]79ITR364(Cal)
K.L. Roy, J.1. One Ramkumar Bangur died some time in the year 1961 having made and published his will dated the 26th day of June, 1941. Under the said will he appointed his nephew, Gobind Lal Bangur, as the executor and the trustee and declared that as he was childless he had taken his another nephew, Gokul Chand Bangur, to be his adopted son. The testator directed his executor and trustee to pay all his debts outstanding at the time of his death and to pay his funeral and testamentary expenses including the amount necessary for his sradh. The movable properties already made over to the testator's wife were declared to be her personal property. The will further directed the executor and trustee to set apart and hold a sum of Rs. 4 lakhs out of certain amounts lying in the account of Ramnarayan Ramkumar and to enable the testator's wife to utilize the said sum for charity, for religious expenses, for making pilgrimages and for making gifts or otherwise to relations with certain limitati...
Tag this Judgment!Messrs. Kumar Engineering Works (Private) Ltd. Vs. Sri Dinabandhu Kole ...
Court: Kolkata
Decided on: Nov-26-1969
Reported in: AIR1970Cal343,74CWN589
ORDER1. These two applications, which have been heard together, raise the question of the scope of jurisdiction of the Authority under the Payment of Wages Act. 2. The respondents in these two applications were, admittedly, workmen under the present petitioners. There was a dispute, pending before an Industrial Tribunal between the petitioners and their workmen, relating to the wage structure, payment of bonus, etc. During the pendency of the aforesaid proceedings, the workmen appear to have staged a stay-in strike on 24th September, 1963, and confined the managerial staff till late hours and indulged in some indisciplined behaviour. The petitioners, therefore, took disciplinary action against some of the workmen, viz., the respondents, and the matter was enquired into and they were dismissed by an order dated 2nd December, 1963. The company also informed the respondents that they were making an application to the 7th Industrial Tribunal for approval of the dismissal in accordance with...
Tag this Judgment!Ganapati Sur and anr. Vs. the State and anr.
Court: Kolkata
Decided on: Nov-25-1969
Reported in: 1971CriLJ107
ORDERN.C. Talukdar, J.1. These ten Rules which involve the same points were heard analogously and are taken up together for disposal. The Rule are for quashing ten criminal proceedings, being Cases Nob. P. Rule 86 i to 873 of 1968, pending in the Court of Sri 8. N. Mukherjee, Presidency Magistrate, 15th Court, Calcutta, Under Section 66 of the Calcutta Police Act (Act IV of 1966) againat the accused-opposite. party No. 2 and Under Section 66 of the said Act read with Section 109 of the Indian Penal Code, against the petitioner No. 1.2. The facts leading on to the Rules may be put in a short compass. The petitioner No. 1 in eaoh Rale is the Chairman of the Standing works and Town Planning Committee of the Calcutta Corporation, the petitioner No. 2, constituted Under Section 14 of the Calcutta Muni- '' cipal Act (West Bengal Act XXXIII of 1951) and the accused-opposite party No. 2 ia a hawker selling his articles on the pavement of the Ohowringhee Road after obtaining a local temporary l...
Tag this Judgment!Rabindra Nath Das Vs. Sarat Chandra Parui
Court: Kolkata
Decided on: Nov-21-1969
Reported in: AIR1971Cal159,74CWN952
P.N. Mookerjee, J.1. The appellant before us was the defendant in the Instant suit for specific performance. The suit was instituted by the plaintiff respondent for specific performance of an agreement of reconveyance of immovable property.2. During the pendency of the suit, however, the right of the plaintiff under the said agreement was sold in auction in execution of a rent decree against him and purchased by the present appellant. Upon that footing, it was contended that the plaintiff's right, title and interest under the disputed agreement having vested in the defendant, the suit was no longer maintainable and that it should be dismissed. This contention was accepted by the learned Munsif and, on appeal, the learned Munsif's decision, dismissing the plaintiff's suit, was affirmed by the learned Subordinate Judge.3. On second appeal to this Court, however, that decision was reversed and the plaintiff's suit was decreed on the sole ground that the acquisition of the plaintiff's righ...
Tag this Judgment!Bromilow and Edwards Ltd. Vs. Inland Revenue Commissioners.
Court: Kolkata
Decided on: Nov-10-1969
Reported in: [1970]77ITR633(Cal)
RUSSELL L. J. - Mr. Monroe, we need not trouble you.I do not propose to detail the circumstances of this case, which are published in the report of the case below before Megarry J. [1969] 1 W. L. R. 1081.The first point that the taxpayers take is that since it is impossible in law, if a dividend is paid after April 5, 1966, for a company to avoid or reduce a liability under section 47(3) in respect of that dividend, then the company cannot, when it accelerated the final dividend of Pound 170,000 by a declaration shortly before April 5, 1966, by the board of a second interim dividend of that amount, have had the purpose of achieving that impossibility.The argument involves, as I see it, the proposition that the whole of section 83 was stillborn. Of course, I bear in mind that this has happened before to a child of fiscal legislation, even though its features were recognisable : Inland Revenue Commissioners v. Ayrshire Employers Mutual Insurance Association Ltd., a case, of course, in wh...
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