Kolkata Court February 1977 Judgments
Union of India (Uoi) Vs. Ad-hoc Claims Commissioner and ors.
Court: Kolkata
Decided on: Feb-25-1977
Reported in: AIR1977Cal393,(1977)1CompLJ456(Cal),81CWN649
Salil Kumar Datta, J.1. A major train accident occurred on January 29,1975 at Ultadanga Road Station by collision between two passenger trains. The accident was attended with loss of human life and grievous injury to passengers as also loss of property. The Railway Administration appointed an Ad-hoc Claims Commissioner (hereinafter referred as Claims Commissioner) for determination of claims for compensation made by the passengers for personal injury as also for loss of property on account of the accident. The Claims Commissioner held sittings when evidence was adduced by the victims in support of their respective cases in respect of the compensation payable by the Railway for injury to person and loss of property caused by the accident. The Claims Commissioner determined the compensation payable by the Railway Administration to the passengers before him on account of personal injury suffered by them as also for loss of goods. The Railway Administration was dissatisfied with the determ...
Tag this Judgment!State Bank of India Vs. S. Wazir Singh and ors.
Court: Kolkata
Decided on: Feb-24-1977
Reported in: AIR1977Cal241,(1977)1CompLJ261(Cal),81CWN696
N.C. Mukherji, J.1. This is an application for setting aside the order dated 18th November 1976 passed in Lawazima by the Additional Registrar recording the note of abatement of the Rule as against the opposite party No. 1.2. On May 1, 1975 S. Wazir Singh, the opposite party No. 1, died intestate. From an affidavit-in-opposition it appeared that S. Wazir left behind besides Smt. Suren-dra Kaur another daughter and one son. In spite of the best efforts the petitioner could not ascertain their names and address. Subsequently the petitioner filed an application for substitution of the heirs and legal representatives pf the opposite party No. 1. The Additional Registrar recorded an order of abatement of the Rule as against the opposite party No 1 presumably on the ground that the said application for. substitution was not filedwithin 90 days. It is stated that the petitioner was advised by the learned Advo- cate that in cases of revision application the time to file an application for subs...
Tag this Judgment!Syed Ali Kaiser Vs. Mstt. Ayesha Begum
Court: Kolkata
Decided on: Feb-23-1977
Reported in: AIR1977Cal226,81CWN639
Janah, J.1. This appeal is by the defendant and it arises out of a suit for recovery of possession of a cinema house on the expiry of the lease. The plaintiffs case is that she is the owner of premises No. 2-C. Krishna Lal Das Road on which the disputed cinema house stands. The major nortion of the suit premises along with fittings, fixtures and furniture was demised to the defendant under a registered Deed of Lease dated June 29, 1951 for the purpose of showing cinema films and for variety shows and other light entertainments The lease was for a term of 15 years commenting from 1st June 1951 with option of renewal by the lessee for a further period of one year. The rent reserved was at a progressive rate, the rent for the last five years being at the rate of Rs. 1,150/- per month and the same rate of rent was also reserved in case the lessee exercised the option for a further period of one year. On the expiry of the original term of 15 years the defendant exercised his option for a fu...
Tag this Judgment!Kesoram Industries and Cotton Mills Ltd. Vs. Union of India (Uoi) and ...
Court: Kolkata
Decided on: Feb-21-1977
Reported in: AIR1977Cal459,81CWN573
Salil Kumar Datta, J.1. This is an appeal from the judgment and order of Murari Mohun Dutt, J. dated June 27, 1974 whereby the connected Rule was discharged. On June 11, 1962 the Government of India granted an import licence to the appellant company for the import of capital goods (Plants -and Machinery) valued at Rs. 35 lakhs for the manufacture of cast iron spun pipes. The licence was subject inter alia to the condition that the company would have to export 15% of its total production for six years starting from the date of regular production. The export obligation, as required, was secured by an undertaking of the company dated Aug. 4, 1965. It will appear from its statement of export performance, the production commenced from Jan. 1966 when the requisite export commenced and continued thereafter.2. By a circular dated Aug. 17, 1966 the Government of India informed the Secretary, Export Promotion Council that it was decided to grant cash assistance against exports effected from June...
Tag this Judgment!Dilip Pipara Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-21-1977
Reported in: 1977CriLJ1653
ORDERP.C. Borooah, J.1. On July 7, 1975 a godown belonging to one Nandadulal Singha of Murarai Bazar Road, P. S. Murarai, District Birbhum, was searched in connection with Murarai P. S. Case No. 14 of 1975 Under Section 379 of the I. P. C. In course of search several tins of mustard oil and 22 wooden boxes containing electric bulbs of Pradip Lamp Works, Patna with illegible railway markings on the boxes were found inside the godown. On being questioned Nandadulal Singha could not produce any documents to prove his ownership of the goods found in the godown. On being questioned Nandadulal Singha could not produce any documents to prove his ownership of the goods found in the godown but in course of investigation the name of the petitioner Dilip Pipara transpired as the person who had stored the boxes containing the bulbs in the aforesaid godown. The police duly submitted a charge-sheet and the learned Magistrate by an order dated April 24, 1976 framed a charge against the petitioner and...
Tag this Judgment!Gour Chandra Mukherjee Vs. Andrew Yules Co-operative Credit Society Lt ...
Court: Kolkata
Decided on: Feb-18-1977
Reported in: AIR1977Cal336,82CWN241
Salil Kumar Datta, J.1. This Rule is directed against order dated 20-2-75 passed by the Assistant Registrar ofCo-operative Societies in Appeal Case No. 5/Calcutta of 1974-75 affirming the Award of the Arbitrator in Dispute Case No. 40/ Calcutta of 1973-74. The petitioner was an elected director of the Andrew Yule's Co-operative Credit Society Limited which had its office at 8, Clive Row. It had also an Unit office at 38, Chowrangi Road, Calcutta for collection from and payment of sanctioned money to member employees of the Concord of India Insurance Co. Ltd. According to the arrangement, an elected director being an employee of the Concord Insurance was to handle society's fund appertaining to the Concord unit and to render statement of receipts and payments at the close of the day's transaction. A cash box inside a lock drawer was provided for keeping the money pending disbursement or remittance. The petitioner at the material time was an elected director of the society and handled th...
Tag this Judgment!Aswini Kumar Chatterjee Vs. Sukhendu Nath Guin
Court: Kolkata
Decided on: Feb-16-1977
Reported in: AIR1977Cal243,81CWN523
Salil Kumar Datta, J. 1. ThisRule has been referred to a Division Bench by Janah, J. in view of the conflict of decisions of the two single Benches of this court on the point as to the applicability of the West Bengal Premises Tenancy Act, 1956 to a pending proceeding. Under Sub-section (3) of Section 1 of the said Act, the Act extends to the whole of Calcutta and to all areas which have been or may hereafter be constituted municipalities under the provisions of the Bengal Municipal Act, 1932. It is also further provided that the State Government may extend the operation of the Act to any other area by Notification. By Notification dated July 23. 1975 published in the Calcutta Gazette (Extraordinary) on July 24, 1975 the town of Dubra.ipur was declared as muni-cipa] area. In consequence, under the provisions of the said Act referred to above, the operation of the Act extended to the said town constituted as municipality as aforesaid.2. The petitioner instituted a suit on January 16, 1'...
Tag this Judgment!Kanailal Das and anr. Vs. Jiban Kanai Das and anr.
Court: Kolkata
Decided on: Feb-15-1977
Reported in: AIR1977Cal189,81CWN548
Salil Kumar Datta, J. 1. This Rule is directed against order No. 112 dated 30-9-1975 allowing the amendment of the plaint in a suit filed on 19-8-1970. The plaintiff opposite party Instituted the suit for declaration on his share in 'ka' and 'kha' schedule properties of the plaint and for partition of his share by metes and bounds on allegations stated in brief as follows :--One Behari Lal Das acquired 'ka' schedule property in the benami of his daughter-in-law Siddeswari; 'kha' schedule property was acquired by mortgaging 'ka' schedule property as also out of its usufructs in the name of Sidheewari aforesaid who had no income or fund by herself. The defendant No. 1 who is full brother of the plaintiff obtained the deed of gift of the said property in his favour on 7-10-1967 from Sidheswari by exercising of fraud and undue influence on revocation of the earlier deed made in favour of defendant No- 2 their full aster, in respect of 'ka' schedule property. The said deed of 1967 was not b...
Tag this Judgment!Smt. Bimla Debi Jalan and anr. Vs. Raja Ram Shaw and ors.
Court: Kolkata
Decided on: Feb-15-1977
Reported in: AIR1977Cal338
Sabyasachi Mukharji, J.1. Murlidhar Jalan met with an accident on the 28th October, 1963 within the compound of the factory of Messrs. Dalmia Iron & Steel Co. Ltd., Khardah. As a result of the injuries suffered by the said accident, he died on the 2nd November, 1963. His mother and his minor widow preferred a claim before the Motor Accident Claims Tribunal. Howrah against the owner of the vehicle as well as against the Insurance Company. Issues were raised and settled. One of the preliminary issues that was raised before the Tribunal was whether the Tribunal had jurisdiction to entertain the claim. The Tribunal tried the said issue as a preliminary issue. The Tribunal came to the conclusion that the factory premises of Messrs. Dalmia Iron & Steel Co. Ltd., was not a 'public place' within Sub-section (24) of Section 2 of the Motor Vehicles Act, 1939. But the Tribunal was further of the view that under Section 110 of the said Act, the Tribunal had jurisdiction to adjudicate upon claims f...
Tag this Judgment!Sm. Sundari Dasi Vs. Basudeo Lal Guraliar
Court: Kolkata
Decided on: Feb-10-1977
Reported in: AIR1977Cal193
ORDER1. This is an application for leave to amend the plaint under Section 39 (1) (i) and (2) of the Marriage Laws (Amendment) Act, 1976 (Act LXVIII of 1976) filed on behalf of the respondent. The respondent filed a petition against the appellant for judicial separation under Hindu Marriage Act, 1955 on the ground of cruelty and desertion. The suit was decreed by the trial Court. Against that decree the present appeal has been filed by the appellant. During the pendency of the appeal the Marriage Laws (Amendment) Act, 1976 came into force on the 27th May, 1976. Several changes have been introduced in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 by the said Marriage Laws (Amendment) Act, 1976. Section 10 of the Hindu Marriage Act enumerates the grounds on which a decree for judicial separation could be passed. By Section 4 of the amending Act, Section 10 of the Hindu Marriage Act as it originally stood, has been changed entirely by a new Sub-section (1). The amended S...
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