Kolkata Court June 1979 Judgments

Hikim Singh Thakur and anr. Vs. State of West Bengal

Court: Kolkata

Reported in: 1979CriLJ1255

B.N. Maitra, J.1. The case for the prosecution is that plot No. 695 at Kenda known as Uparbahal or Jingasthan belonged to one Jadab Singh, who died leaving behind two sons, Gopal and Madhu Singh. Gopal is dead and his only son is Radhagobinda. Madhu died leaving behind his widow and three sons, Bhutnath, and (the two accused) Hikim and Mukunda, and two daughters, Giribala and Mukreswari. Bhutnath is dead. The Title Suit No. 100 of 1964 was filed in the Sub Judge's Court at Purulia for partition of the joint properties of Radhagobinda and of his co-sharers. The northern portion of that land bearing the plot No. 695 was in the actual possession of the accused Hikim and Mukunda and the southern portion belonged to Radhagobinda. Before that partition suit was filed he sold that southern portion to Kinu and the latter possessed it. A decree for partition was passed and the northern portion was allotted to Hikim and Madhu, while the southern block was given to Radhagobinda Singh. On the 15th...

Krishna Das Roy and ors. Vs. Sm. Santimoyee Bose and ors.

Court: Kolkata

Reported in: AIR1979Cal306

1. The instant appeal was filed on Feb. 7, 1979, Some of the defendants in a suit for partition are the appellants and the appeal is against the final decree. Objections against the Commissioner's report having been overruled, the learned Judge in the trial court by his judgment dated June 14, 1977, directed the preliminary decree for partition be made final. The plaintiffs delayed filing of the requisite stamp for drawing up the final decree which was so filed only on Sept. 12, 1978 and the final decree was then drawn up on Nov. 11, 1978. 2. The present appellants filed an application for certified copies of the judgment and decree on Sept. 8, 1977, but on an office report that the decree had not been drawn up, that application was not proceeded wit h. On a fresh application for such copies being filed on Dec. 1, 1978, the copies were obtained on Jan. 16, 1979, and the memorandum of appeal was presented in this Court on Feb. 7, 1979, as referred to hereinbefore, 3. Calculating limitat...

Patna Electric Supply Co. Ltd. and anr. Vs. Bihar State Electricity Bo ...

Court: Kolkata

Reported in: AIR1980Cal222,84CWN35

ORDERSabyasachi Mukharji, J.1. The question involved in this application under Article 226 of theConstitution, is, whether the petitioner No. 1 is entitled to compensation in accordance with the provisions of the Indian Electricity Act, 1910 for the right of option exercised by the respondents. Originally, in the petition, the petitioners had also challenged the exercise of that option but during the hearing of this application on behalf of the petitioners that challenge was not pressed.2. This application is by two petitioners, one, being Patna Electric Supply Co. Ltd. and another being a director and shareholder of the said company. In order to appreciate the challenge, itmay be necessary to refer to certain facts. It appears that on the 6th Feb. 1924, a licence was granted by the Government of Bihar to M/s. Octavius Steel & Co. Ltd. for the supply of Electrical energy. There was a notification on the 13th Feb. 1924 in respect of grant of the said licence and the said licence was the...

Chandra Bhan Agarwal and anr. Vs. Arjundas Agarwal and ors.

Court: Kolkata

Reported in: AIR1979Cal280,83CWN643

Salil Kumar Datta, J.1. This is an appeal from the judgment and order of S. C. Ghose, J. on an application under Section 107 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act) passed on February 26, 1973.2. The respondents who are partners of H. P. Textile Mills carry on business in their firm name on large scale as manufacturers of and dealers in hosiery goods with market throughout India. They trading in their firm name are the owners of a trade mark in 'A' Register which is set at page 271 of the Trade Mark Journal No. 507 of July 16, 1970. The registration recorded therein is as follows:Class 25The Device of the Mark.Debanagari Characters appearing on the Mark represent the word 'Dora' 252040 -- October 3, 1968. Arjundas Agarwal, Krishan Kumar Agarwal and Kashmirilal Agarwal, trading as H. P. Textile Mills, 10A, Vivekananda Road, Calcutta: Manufacturers. User claimed since 25-10-62 (Calcutta)Gangees (Underwear)Registration of this Trade Mark shall giv...

Electrogears (P.) Ltd. Vs. Rehabilitation Industries Corporation Ltd. ...

Court: Kolkata

Reported in: AIR1979Cal320

ORDERB.C. Basak, J.1. This is an application under Article 226 of the Constitution directed against Rehabilitation Industries Corporation Limited and its officers. According to the petitioner they are occupiers of sheds Nos. A. 5-6 at the Behala Industrial Estate, Bonamali Naskar Road, Behala, District 24 Parganas founded by the opposite party under a scheme ofthe Government of India for the rehabilitation of Refugees from Pakistan (both wings). It is alleged that similar Industrial Estates were founded by the Government all over India and the tenants thereof were given the ownership of their respective plots under a hire purchase policy. It is further alleged that the tenants of the Behala Estate were also promised such ownership by the Government. It is alleged that the Rehabilitation Industries Corporation filed suits against their tenants, but later they took recourse to a method of compelling their tenants to pay their rents stopping their supply of Electricity, on the ground that...

Abdul Latiff Molla Vs. Fazal Ali Karikar

Court: Kolkata

Reported in: AIR1979Cal353

ORDERJyotirmoyee Nag, J.1. Both these Rules are under Section 5 of the Limitation Act for condoning the delay in filing the applications for substitution.2. In C. R. No. 2664 (s)/78 there has been inordinate delay in making the application for substitution after setting aside abatement. The appellants Nos. 1 and 2 are semi literate villagers living in the extreme interior part of District 24-Parganas and appellants Nos. 3 and 4 are illiterate village women living under Parda. Both of them are unsophisticated women knowing nothing about law and procedure.3. It, is stated in para 2 of the petition by the petitioner-appellants that on 24-8-1978 they knew about the death of respondent Fazal Ali Karikar who had died on 29-6-71 and they also knew about the heirs and legal representatives of the said deceased respondent. But they did not know that the heirs should be substituted in place of the deceased respondent. Incidentally the appellant No. 1 contacted his lawyer seven years after i.e. o...

Samar Bhusan Pal Vs. Sakti Pada Das

Court: Kolkata

Reported in: AIR1979Cal253,84CWN328

Sudhindra Mohan Guha, J.1. The present Rule arises out of an order passed by the learned Munsif, 5th Court at Alipore refusing to exercise inherent power under Section 151 of the Civil Procedure Code.2. The facts relevant for our purpose may in brief, be stated as follows;--The plaintiff-opposite party was a tenant under the defendant petitioner in respect of 2 ground floor rooms, situated at 8/2, Gangadhar Banerjee Lane, P.S. Watgunge, at a rental of Rs. 28/- and Rs. 22/- respectively according to English calendar. On 13-12-1972 the opposite party filed a suit being Title Suit No. 530 of 1972 in the Court of the 5th Munsif at Alipore praying inter alia, for a mandatory injunction against the petitioner. The allegations in the plaint inter alia, were that on 15th Oct. 1972 the meter board of the premises caught fire and was reduced to ashes as a result of which the electric connection of the entire premises along with the two tenanted rooms of the opposite party completely went off. On...

N.C. Nagpal and ors. Vs. the State and anr.

Court: Kolkata

Reported in: 1979CriLJ998

ORDERMonoj Kumar Mukherjee, J.1. In this revisional application the four petitioners pray for quashing the proceeding of Case No. C-2536 of 1977, now pending against them in the 6th Court of the Metropolitan Magistrate, Calcutta, under Sections 120B and 420 of the Indian Penal Code.2. The case has been instituted on a complaint filed by the opposite party, Radha Krishna Agarwalla, Managing Director of M/s. Calicut Engineering Works (P) Ltd., of 26A, Camac Street, Calcutta. The material allegations on which the complaint is based are as follows:The petitioner No. 1 is the Manager of the Machinery Division of Batliboi & Co. (P) Ltd. (hereinafter referred to as the Company) having its Branch Office at 26. R. N. Mukherjee Road, Calcutta. The petitioners Nos. 2, 3 and 4 are the Principal Officers of the Company and are attached to its Head Office at Bombay. The complainant was on the look out of one Gear Hobbing Machine which was to be installed at the complainant's factory at 1/2B, Khagend...

Krishnatosh Das Gupta Vs. Union of India (Uoi) and ors.

Court: Kolkata

Padma Khastgir, J.1. This Writ petition has been taken out by 125 employees of the National Test House, Calcutta for necessary reliefs against the six respondents.2. In the month of April, 1978 because of issuance of orders of suspension on three employees and for taking of disciplinary proceedings against them, according to the petitioners, without any valid reasons and with a view to coerce and intimidate the said employees, it created great dissatisfaction, amongst the employees at large and besides holding some meetings, the employees demonstrated their dissatisfaction in lawful and peaceful manner and requested the withdrawal of the suspension order. A letter was sent on the 9th May, 1978 by Sri Dipen Ghose, General Secretary, Central Co-ordination Committee of Central Government Employees' and Workers' Union and Association, West Bengal to which the respondent No. 5 is affiliated for settlement of the dispute. After a long discussion the Joint Director agreed to come to a settlem...