Kolkata Court August 1973 Judgments
Pabitra Kumar Mitra Vs. Secretary, Home Department and ors.
Court: Kolkata
Decided on: Aug-31-1973
Reported in: 1974CriLJ1177
Sudhamay Basu, J.1. This Rule obtained by the petitioner under Section 491 of the Code of Criminal Procedure relates to an order of the District Magistrate, Howrah dated the 26th of September, 1972 passed in exercise of powers conferred on him under Sub-section (1) read with Sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter called the Act). The petitioner was taken into custody on and from the 10th of April, 1973 pursuant to the said order and was served with the grounds of detention with a view to prevent him from acting in a manner prejudicial to the maintenance of public order as evidenced by the particulars given below:That on 27-7-1972 at about 18-00 hrs. the detenu along with his associates being armed with revolver, pipe gun, knives and bombs attacked Shri Dulal Manjhi son of Banamali Manjhi of 1/4, Gadadhar Mistri Lane, P.S. Shibpur (Howrah) and three others on New Road (near Stadium), Tanti-para, P.S. Shibpur while they were passing lo...
Tag this Judgment!Sib Narayan Mukherjee Vs. Janak Upadhya
Court: Kolkata
Decided on: Aug-28-1973
Reported in: AIR1974Cal203
Debi Prosad Pal, J.1. The plaintiff is the appellant in this appeal which arises out of a suit instituted against the defendant-respondent for recovery of a sum of Rs. 3,486/-given on account of loan. The plaintiff's case is that the defendant being in urgent need of money for the purpose of carrying on his business borrowed a sum of Rs. 3,000/-from the plaintiff on 26-6-1956 agreeing to pay off the same with interest at the rate of /8/ annas per cent per month on demand and executed a pronote for the same in favour of the plaintiff on the said date. In spite of demand and in spite of presentment of the handnote in suit, the defendant did not pay the plaintiff anything towards the dues of the hand-note in suit. Hence the suit was instituted to recover the sum of Rs. 3,486/- including interest from the defendant. The defendant in his written statement pleaded that as he was in urgent need of money in connection with the marriage of his adopted son, the plaintiff paid only Rs. 1,500/- an...
Tag this Judgment!United Bank of India Vs. Tatanagar Foundry Co. Ltd.
Court: Kolkata
Decided on: Aug-27-1973
Reported in: AIR1974Cal213,[1975]45CompCas171(Cal)
ORDERSabyasachi Mukharji, J.1. This is a suit filed on 8th November, 1971 by the United Bank of India. This application is an application for appointment of Receiver in respect of properties alleged to be charged and hypothecated in favour of the plaintiff bank by Tatanagar Foundry Co. Ltd. prior to its liquidation. Tatanagar Foundry Co. Ltd. is now in liquidation and has been sued through the Official Liquidator. The plaintiff claims in this suit a decree against the said company for a sum of Rs. 15,43,437.79, interest at the agreed rate and declaration that all plant and machinery, goods and movable assets mentioned in Part I and their book debts and bills mentioned in Part II of annexure-E of the plaint are charged and hypothecated in favour of the plaintiff bank and certain other incidental reliefs. As mentioned hereinbefore, this is an application for appointment of receiver and sale of these goods. There are several defendants to whom reference need not be made except the added d...
Tag this Judgment!Piramal Banwarilal Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-24-1973
Reported in: AIR1974Cal107
Debiprosad Pal, J.1. The plaintiff is the appellant in this appeal which arises out of a suit instituted against the Northern Railway, New Delhi and Eastern Railway, Calcutta, for a sum of Rs. 4,692/- and interest thereupon claimed by way of damages on account of negligence and misconduct on the part of the defendants' employees. The admitted facts are that 395 bags of dry chillies of which the plaintiff is the owner were booked from Patiala to Bankura. At the time of taking delivery at Bankura 275 bags were found badly damaged by water and the damages were assessed by the Assistant Commercial Superintendent at 50 per cent., which amounts to 72 mds. 7 srs. and 3ch. On the said basis a sum of Rs. 4,692/3/-, being the price therefor was claimed by way of compensation, together with a sum of Rs. 211/8/- as interest. The plaintiff's allegation is that the consignment was put in a leaky wagon and hence the damage caused was due to the negligence and misconduct on the part of the defendants ...
Tag this Judgment!Mohon Koiri and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-24-1973
Reported in: AIR1974Cal167
ORDERDeviprosad Pal, J. 1. The petitioners are thika tenants in respect of more than 3/4th portion of the premises No. 121/5. Circular Garden Reach Road and it is stated that their forefathers constructed the huts standing on the same premises and have been residing with their respective families for more than 16 years. By a notification dated 1st March, 1962, under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) the Deputy Secretary to the Government of West Bengal notified that the piece of land comprising premises No. 121/5, Circular Garden Reach Road, is likely to be needed for a public purpose, viz., for the expansion and development of Kidderpur Academy in Ward no. 85 of the Calcutta Municipality in the city of Calcutta. It is alleged by the petitioners that no public notice of the substance of such notification was given at convenient places in the locality as required under the law. No individual notice was alleged to have been served upon the petitio...
Tag this Judgment!Chunilal Basu and Anr. Vs. the Hon'ble Chief Justice High Court, Calcu ...
Court: Kolkata
Decided on: Aug-24-1973
Reported in: AIR1974Cal326,78CWN719
Sudhamay Basu, J.1. This application is for condoning the delay in filing an appeal against the order of K. J. Sengupta, J. dated the 15th of May, 1972 (reported in : AIR1972Cal470 ) discharging a Rule in which the petitioners challenged the constitutionality of the Letters Patent of 1865, Calcutta High Court (Jurisdictional Limits) Act of 1919 and Section 34(2) and (3) of the Advocates Act, 1961. The applicants have made this application both under Section 5 and Section 14 of the Limitation Act. Of the numerous respondents, nine in number, only respondent No. 4, the Secretary of the Bar Library Club has filed an affidavit-in-opposition to which the petitioners in turn have filed an affidavit in reply.2. The relevant facts as would appear from the connected papers are as follows:--The Rule was discharged by K. J. Sengupta, J. on the 151h of May. 1972. On the 25th of July, 1972 an application was filed for a certificate for leave to appeal to the Supreme Court under Article 132(1) of th...
Tag this Judgment!Techno Metal India (P.) Ltd. Vs. Prem Nath Anand
Court: Kolkata
Decided on: Aug-17-1973
Reported in: [1973]43CompCas556(Cal),77CWN957
S.K. Mukherjee, J.1. This appeal is directed against an order of Roy Chowdhury J. dated July 19, 1972, by which the learned judge refused to stay an application for winding up. The petitioner before his Lordship, who is the appellant before us, was liable to pay a large sum of money to the respondent who was at a certain point of time a director of the appellant-company. On January 15, 1966, the respondent made an application for winding up of the appellant-company. Thereafter, on January 28, 1966, the appellant applied to this court for an order that the said winding-up application being Company Petition No. 6 of 1966 be taken off the file, and alternatively all other proceedings including advertisement of the said company petition be permanently stayed. On April 4, 1966, the application made by the appellant was disposed of by an order of B. C. Mitra J. by consent of parties in accordance with certain terms of settlement filed in court. It will be necessary for the purpose of this ap...
Tag this Judgment!Shew Bhagwan Goenka Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Aug-17-1973
Reported in: [1973]32STC368(Cal)
Debiprosad Pal, J.1. The petitioner is the karta of a joint Hindu mitakshara family consisting of his sons and other descendants. The said joint family carries on business under the trade name of 'Goenka Coal Company' (hereinafter referred to as the said firm). The said firm owns a colliery known as 'Goenka Kajora Colliery' situated at P.O. Ukhra; District. Burdwan. The said firm is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941 (hereinafter referred to as the said Act). The said firm is also a registered dealer under the Central Sales Tax Act, 1956. It is stated that for the raising of coal, the said firm had installed several machineries and equipments and used such machineries and equipments and other stores for raising coal from the said colliery. The machineries and equipments so installed at the said colliery and the stores are occasionally sold or disposed of when they become old and unserviceable. It is stated that the sales of such old and discarded machine...
Tag this Judgment!Surendra Nath Majhi Vs. Iswar Majhi
Court: Kolkata
Decided on: Aug-16-1973
Reported in: AIR1974Cal216
M.M. Dutt, J.1. This appeal is at theinstance of the plaintiff and it arises out of a suit for recovery of possession of the disputed land.2. The disputed land measuring 14.71 acres, admittedly, belonged to one Pitha Majhi, who had a raiyati interest therein. Pitha Majhi died leaving his widow Maku Mejhani, who also died in 1956. It is not disputed that Maku Mejhani had only a limited interest in the disputed land. It is also not disputed that the plaintiff, who is the sister's son of Pitha Majhi, is the next reversioner. During her lifetime, in 1940 Maku granted a permanent lease of the disputed land including the homestead in which she had been living, in favour of her brother'sson Iswar, the defendant, at an annual rent of Rs. 2/2/- and a selami of Rs. 95/-. After the death of Maku, the plaintiff filed the instant suit on November 20, 1957.3. The suit was contested by the defendant. His defence was that Maku Mejhani's limited interest was transformed into an absolute interest by vir...
Tag this Judgment!Himangshu Kumar Mukherjee Vs. Chairman, Calcutta State Transport Corpo ...
Court: Kolkata
Decided on: Aug-14-1973
Reported in: AIR1974Cal368
A.K. Sinha, J.1. This is an appeal preferred against a judgment and award of Rs. 2000/- given by the Motor Claims Tribunal, 24 Parganas to the present appellant.2. Shortly put, the appellant's caseis that he received serious bleeding injury inhis right elbow resulting fracture of boneswhile travelling in a State Bus a few hundredyards from the junction of Chitpore Roadand Harrison Road which dashed against atram car proceeding from the opposite direction towards Sealdah station. The appellantwas hospitalised for 26 days and thereafterhe was directed to attend the outdoor Department of the Hospital to continue his treatment till 3-10-66. The appellant, it is alleged,could only resume his duties on 4-10-66 afterthe expiry of his sick leave. The appellanthas therefore, claimed on account of injuries which resulted, as alleged, in permanentdisablement due to the negligent and rashdriving of the driver of the State Bus inquestion compensation to the extent ofRs. 50,000/- against the respond...
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