Kolkata Court December 1973 Judgments
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Haripada Mazumdar and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-24-1973
Reported in: AIR1974Cal277
B.C. Mttra, J. 1. This appeal arises out of an application under Art. 226 of the Constitution challenging the validity of acquisition of several plots of land under the West Bengal Land Development and Planning Act, 1948 (hereinafter referred to as the Act). The appellants claimed to be refuses who had migrated to India in 1947 from what was previously known as East Pakistan. They claimed that they purchased various plots of land in Village Hijalpukuria, District 24 Harganas and to have been in possession thereof when a notification under Section 4 of the Act was published in the Gazette on August 2, 1956, declaring several plots of land, including those in the possession of the appellants, as 'notified area.' The appellants made a representation to the Land Acquisition Collector, 24 Parganas, on October 4, 1956, to the effect that they had migrated from the District of Chittagong on account of circumstances beyond their control and could not be evicted from the said plots. They admit ...
Utpal Mazumdar Vs. the State of West Bangal and ors.
Court: Kolkata
Decided on: Dec-24-1973
Reported in: 1975CriLJ175
P.C. Borooah, J.1. The subject matter of challenge in this Rule is the detention of one Debashis Dasgupta who was taken into custody on 26th of May. 1973 pursuant to an order No. 633-DD (M) dated the 26th May. 1973, passed by the Commissioner of Police, Calcutta in exercise of his powers conferred by subsection (1) (a) (ii) read with Sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971. The object of detention as set out in the order was to prevent the detenu from acting in any manner prejudicial to the maintenance of Public order. The impugned order rests on two grounds which reads as follows:2. On 22-12-72 at about 22.15 hrs. you and your associates, 15/20 in number. including Tapan Dey Sarkar of 38D Pratapaditya Road. Biswanath Chakra-yarty of 38C, Pratapaditya Road, conjointly launched a violent attack on the residents and shop-keepers around Pratapaditya Road near its crossing with Sahanagar Road by hurling bottles at random in order to overawe them. In c...
State of Bihar Vs. Birla Gwalior P. Ltd. and ors.
Court: Kolkata
Decided on: Dec-20-1973
Reported in: AIR1974Cal202,78CWN384
Salil Kumar Datta, J.1. This is an application by the State of Bihar for a certificate of fitness for appeal to the Supreme Court under Articles 132(1) and 133(1) of the Constitution. It appears that on the application filed by the respondent No. 1, Birla Gwalior Private Limited under Article 226(1) of the Constitution, Anil Kumar Sen, J., by order dated December 21, 1970, issued a writ setting aside and quashing an order dated November 11, 1967 passed by the State of Bihar determining the mineral lease in favour of the said company and also directing the said Government not to give effect to the same. The State of Bihar, it appears, long after the order of December 21, 1970, on or about July 3, 1971, filed an application under Section 5 of the Limitation Act along with the memorandum of appeal praying, inter alia, for condonation of the delay that had occurred in filing the appeal and also for hearing of the appeal on merits after condonation of delay. The said application was heard b...
Jagdish Prasad Tulsan Vs. Sm. Manjula Tulsan
Court: Kolkata
Decided on: Dec-14-1973
Reported in: AIR1975Cal64
A.K. Sinha, J. 1. This is husband's appeal against an order passed by the trial Court granting permanent alimony to the wife under Section 25 of the Hindu Marriage Act. Brief outline of the admitted facts and circumstances under which this appeal arises is as follows :2. Parties who are Hindus were married on 1st December, 1964. Shortly thereafter within about 7 or 8 months, the husband filed a petition for judicial separation against the wife on a number of allegations of cruelty as also desertion. While this proceeding was pending, upon her application the wife was allowed interim maintenance by the trial Court at the rate of Rs. 350 per month, which, however, on appeal to this Court was enhanced to Rs. 500 per month. On March 22, 1967 a decree for judicial separation was passed ex parte as the wife though filed written statement did not contest the proceeding at the hearing. On 14th June. 1967, the wife made an application for permanent alimony and claimed Rs. 1,500 per month After ...
Narayan Chandra Garai and ors. Vs. Matri Bhandar Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Dec-14-1973
Reported in: AIR1974Cal358,78CWN555
ORDERSudhamay Basu, J. 1. This is a petition by (1) Sm. Annapurna De, inter alia, to be added as a party defendant in suit and for an order vacating and/or setting aside an order of injunction dated the 9th September, 1969.2. The case made out by the petitioner is, as would appear from the affidavit of one Sudhangshu Kumar Seal affirmed on the 14th September, 1973 in support of the petition, that she is a widow and housewife residing at Calcutta. On 17th May, 1969 she entered into an agreement with one Sanatan Kumar Daw, the defendant No. 2 in this suit to purchase the property of the defendant No. 2, a two storied building at Bethuadahari, Nadia for a price of Rs. 18,000/-. She paid a sum of Rs. 2,000/- by way of earnest money. The transaction was to be completed within six months from the date. The petitioner was to advance further sums to the vendor from time to time if the latter would be in need of the same. It is further alleged that the petitioner up to the 1st of August, 1967 a...
In Re: Dhanalal Karnawat and anr.
Court: Kolkata
Decided on: Dec-13-1973
Reported in: AIR1975Cal67
A.K. Sarkar, J. 1. On April 11, 1973 an ex parte application was moved in Chambers by Dhanalal Karnawat and Bijoy Singh Karnawat, the trustees for selves and for their co-trustee, Surpat Singih Karnawat for leave to grant lease of the trust property being the premises No. 46. Sir Hariram Goenka Street, Calcutta-7 for a period of twenty five years with further option to renew it for twentyfive years to one Sumanlal Parekh and others on the terms and conditions contained in paragraph 19 of the petition.2. It appears from a copy of the deed of Trust dated 9th October, 1950 annexed to the petition that the said property No. 48, Banstolla Street now No. 48, Sir Hariram Goenka Street in Calcutta be conveyed and transferred to the trustees to be used for ever as a Dharamsala for free accommodation and lodging of only Hindu visitors and travellers in accordance with such rules and regulations as may from time to time be made or framed by the trustees. The said Dharamsala shall be named 'Lakhmi...
Samir Kumar Chatterjee and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-12-1973
Reported in: (1974)IILLJ407Cal
Ghose, J.1. Petitioners are the employees under the respondent, the Calcutta State Transport Corporation working at its City Office, Central Workshop as well as various depots. The Pay Review Committee established by the Government of West Bengal made recommendations for fixing of new scales of pay of the employees of the Government of West Bengal. The Government of West Bengal in its turn by a notification made the said recommendations of the said Pay Review Committee applicable to the employees of the Calcutta State Transport Corporation with effect from April 1, 1970. The respondent No. 3 thereafter fixed such pay scale for its employees which include the petitioners with effect from April 1, 1970. The order fixing such scale of pay was made on November 29, 1972. A copy of the said order has been set out in Annexure A to the petition. The said order, inter alia, provides as follows:As per G.O. 10565 W. T. dated September 30, 1972, the arrears of payments (except P. F. elements) for ...
Lalbhai Ramjibhai Vs. A.V. Seth
Court: Kolkata
Decided on: Dec-11-1973
Reported in: AIR1974Cal362,79CWN1028
M.M. Dutt, J. 1. This appeal is at the instance of the defendant and it arises out of a suit for eviction. The case of the plaintiff is that the defendant, who had been a tenant under him in respect of the suit premises, is a defaulter in payment of rent and that he has been using the suit premises for a purpose other than for the residential purpose for which it was let to him. It is alleged that the plaintiff determined the tenancy of the defendant by the service of a notice to quit directing him to quit and vacate the suit premises on the expiry of the last day of September, 1963, on these allegations, the plaintiff had prayed for eviction of the defendant from the suit premises.2. The defendant has contested the suit by filing a written statement. He has denied the allegation of default and also the allegation that he has been using the suit premises for a purpose other than for the purpose of dwelling for which it was let to him. It has been further alleged by the defendant that t...
Bhanora Colliery, Etc., Co. Vs. Poda Teli
Court: Kolkata
Decided on: Dec-11-1973
Reported in: (1974)IILLJ520Cal
Sabyasachi Mukharji, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 from an order of the Additional Commissioner for Workmen's Compensation dated 12th February, 1971.2. The respondent filed a claim for compensation on the allegation that while working in the appellant's colliery on 1st March, 1968, he suffered injuries to his left foot and toes causing permanent partial disablement entailing loss of earning capacity to the extent of 25%. It has to be mentioned that orignially the claim was filed on 20th March, 1968, claiming loss of earning capacity to the extent of 10%. The amendment petition was filed on the 5th October, 1969, and from the records produced before us it appears that a copy of the said amendment petition was handed over to the advocate for the appellant on 9th October, 1969. On the 9th October, 1 69, the amendment petition was taken up for consideration by the learned Commissioner and the prayer was allowed and time was given to the app...
Anthony Allen Fletcher Vs. the State
Court: Kolkata
Decided on: Dec-06-1973
Reported in: 1975CriLJ304
N. C. Talukdar, J.1. This is an application for bail on behalf of the accused-applicant, Anthony Allen Fletcher, with notice to the State. The application is opposed.2. The applicant was arrested on 26-4-1973 from the Waverley Hotel, Calcutta, on charges under Sections 3 and 9 of the Official Secrets Act, 1923 and Section 120-B of the Indian Penal Code. The investigation is still pending. Applications for bail were made on his behalf before the learned Chief Presidency Magistrate, Calcutta as well as the learned Judge, City Sessions Court but were rejected. An application for bail was thereafter filed in the High Court from an order passed by the learned Chief Presidency Magistrate, Calcutta rejecting bail. Our learned brothers, the Chief Justice and A. K. De. J., by their order dated 25-9-1973, rejected the prayer but granted liberty to the applicant to make a fresh application for bail after 15-11-1973. The present application was filed thereafter on 22-11-1973.3. Before the hearing ...
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