Court : Kolkata
Reported in : AIR1924Cal913,83Ind.Cas.446
Mookerjee, J.1. The subject-matter of this litigation is a tract of alluvial land which has been assessed by the revenue authorities under the Bengal Alluvion and Diluvion Act, 1847. The order of the Board of Revenue under Section 6 of Act IX of 1847 is embodied in a letter dated the 28th November, 1912 and a petition by the plaintiff to review the decision was rejected on the 29bh June, 1914. The present suit was thereupon instituted on the 29th June, 1915, for declaration that the disputed tract was not 'added' land within the meaning of Section 6 of Act IX of 1847 and that the assessment was consequently without jurisdiction. The plaintiffs further prayed for consequential relief by way of refund of the sums paid by them, as revenue under protest. The suit was defended by the Secretary of State for India in Council on the merits as also on the grounds that the plaintiffs had no cause of action and no right of suit, and, further, that the suit was barred by limitation. On these plead...
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal411
C.C. Ghose, J.1. Defendant 2 is the appellant before us and the appeal arises out of a suit instituted by the plaintiffs (who are descendants of the Raja of Chanchra in the District of Jessore) as shebaits to Sree Sree Shyam Roy Thakur for a declaration of their lakheraj debuttar title to and in certain lands in Pargana Emadpur situate in the District of Khulna but included in touzi 1 of the Nadia Collectorate, for recovery of khas possession of the same and for mesne profits. The lands in question are stated to be in mouza Dearah by the side of the river Kabatakshi. It is said that the lands in question have been possessed by the family of the plaintiffs for generations as shebaits, the original grant having been made by Raja Pratapaditya, an account of whom is to be found in Westland's Jessore. 2nd Edn., p. 23 and in O'Malley's Gazetteer of Jessore, p. 25. The plaintiffs state that at the time of the Decennial Settlement of 1790, the debutter character of the lands in question was re...
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal482
Mohamad Akram, J.1. These 10 analogous appeals by the plaintiffs arise out of as many suits for a declaration that the personal tax imposed upon them by the defendant Sunamgunj Municipal Board under Act, 1 of 1923 (Assam) was illegal and improper and for an injunction restraining the said Board from realising the same. The suits were heard together and disposed of by one judgment and so were the appeals before the lower appellate Court. The plaintiffs are different but the defendant in all the suits is the same. The case of the plaintiffs was that they resided outside the Sunamgunj Municipality and served as Government servants in the Sunamgunj Munsif's Court within the municipal area; that the plaintiff in suit No. 2354 was the accountant and the plaintiffs in the other suits were the process-servers of the said Court; that as the plaintiffs were not inhabitants of the Municipality they were not liable for the taxes imposed upon them under the Assam Municipal Act (1 of 1928).2. The de...
Tag this Judgment!Court : Kolkata
Reported in : (1975)IILLJ286Cal
M.N. Roy, J.1. This rule was obtained on February 6, 1975 against the refusal of the Officers of the respondent No. 1 in forwarding the applications for appointment of the petitioners in respect of posts under the respondent No. 4, viz., Calcutta Metropolitan Development Authority.2. The petitioners at all material times were and still they are employed under the Calcutta Metropolitan Planning Organisation, a department of the State of West Bengal and their employment as admitted by them are purely temporary in nature. On or about September 1, 1974 the Calcutta Metropolitan Development Authority, published an advertisement in the daily issues of the Statesman, inviting applications for filling up the posts under their directorate and pursuant to that the petitioner Nos. 1 and 2 applied for the posts of Associate Transportation Planner and petitioner No. 3 applied for the post of Demographer-Statistician. The petitioners have contended that the grades of the respective posts for which t...
Tag this Judgment!Court : Kolkata
Reported in : AIR1924Cal257
Mookerjee, J.1. This is an application for review of a criminal case on the certificate of the Advocate-General under Clause 26 of the Letters Patent. The petitioner Barendra Kumar Ghose was tried on the 16th and 17th August at the fourth Criminal Sessions of this year by Mr. Justice Page and a Special Jury, on a charge of offences punishable under sections 302 and 394 of the Indian Penal Code. He pleaded not guilty to the first count and guilty to the second count. The Jury returned a unanimous verdict of guilty of murder, with the result that the accused was convicted and sentenced to death under Section 302. On the 22nd August an application was made on his behalf to the Advocate-General for a certificate under clause 26 of the Letters Patent. On the 27th August, the Advocate-General heard Counsel for the prisoner in support of the application. On the 29th August, the Advocate-General granted a certificate in the following terms:Certificate of the Advocate-General of Bengal under cl...
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal262,(1968)IILLJ210Cal
T.P. Mukherji, J.1. The present appeal against a judgment and decree of dismissal is by the plaintiff who is a discharged Government servant in the Bengal Fire Service and who instituted a suit for a declaration that the order of his discharge which in effect is alleged to be an order of dismissal is void and inoperative, for a further declaration that he continues to be a member of the Bengal Fire Service and is as such entitled to all the benefits thereof and for a consequential relief in the shape of a decree for arrears of salary to the extent of Rs. 9,120/- with interest thereon at the rate of six per cent per annum. His case as made outin the plaint was that he was appointed as a Station Officer in the District of Barisal in August 1945 on probation for a period of three months and was confirmed in that appointment on December 19, 1945. His pay as such Station Officer was Rs. 75/- per month together with dearness allowance of Rs. 75, and he claims to have subsequently earned an i...
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal544
Mitter, J.1. Perganah Goas, bearing touzi No. 523 of the Murshidabad Collectorate, is a permanently settled estate. It consists of 12 main divisions, called huddas. Each hudda had many sub-divisions consisting of groups of villages called Tarafs. Raja Debi Singh was the proprietor of the said estate just after the permanent settlement. Raja Udmant Singh, Raja Debi Singh's nephew got by inheritance 8 annas 3 gundas odd share in the said estate. At a partition effected in 1830 with his cosharers he got six out of the aforesaid 12 huddas exclusively to his share. Hudda Ikuri was one of those six huddas. Kumar Ram Chandra Bahadur succeeded him and continued to be the proprietor of those six huddas till 1850 when he sold the same to John Watson Laidly and James Dalrymple. At about the revenue survey, the navigable river Ganges, also called Padma, flowed through Pergunah Goas. The portion of the said pergunah to the east of the river fell within the district of Rajshahi and the western porti...
Tag this Judgment!Court : Kolkata
Reported in : (1961)IILLJ741Cal
Sinha, J.1. The petitioner in this case is a company incorporated under the Indian Companies Act and carries on business as a distributor of cinematographic films. The Minimum Wages Act, 1948 (11 of 1948) (hereinafter referred, to as the 'said Act') is a Central Act to provide for the fixation of minimum rates of wages in certain employments. It came into operation from 15 March 1948. Under Clause (g) of Section 2, 'scheduled employment means an employment specified in the schedule to the Act or any process or branch of work forming part of such employment. Clause (h) defines 'wages' to mean all remuneration, capable of being expressed in terms of money. Certain amenities, however, specified therein, have been excluded. Under Clause (i), the word 'employee' has been defined to mean any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed. Under Section 3, ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
1. Through this application under Section 19 of the A.T Act, the applicants who are 12 in number have called in question the transfer order dated 1.05.2001 and the release order 22.6.2001 in so far as they relate to them. A declaration that the O.M dated 30.9.2001 is ultra vires of Arts. 309 and 14 of the Constitution of India, has also been sough.2. The facts of the case are these. The applicants were initially appointed as junior Telecom Officer (in short JTO) in the year of 1974.They were promoted to the post of TES-B/S.D. Engineer in the years 1994 to 2000. It is stated that prior to the formation of the Bharat Sanchar Nigam Ltd. (in short BSNL) in September 2000 the applicants were discharging duties and function as employees of the DOT being Government of India employees within the meaning of Article 311 of the Constitution of India and their status as the employees of the Govt. of India continues even after formation of the BSNL. It is further stated that no definite notificati...
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal1
Rankin, C.J.1. This suit was instituted in January 1925 for the recovery of about seven and half lakhs of rupees as damages for a variety of acts done by the defendant company. It was stated in the plaint that no part of the cause of action arose before February 1922.2. The plaintiff towards the end of 1921 bought a large quantity of Gold Flake cigarettes on the terms that they should not be sold in Great Britain. The goods were two years old, they were made up in packets or cartons of tin, and 25,000 cigarettes in their cartons were packed in a strong tin-lined case. This brand of cigarettes is very well known as : having originally been the manufacture of W.D. & H.O. Wills, of Bristol whose successors in business are.the British American Tobacco Company Limited. The goods so bought by the plaintiff had (under a temporary arrangement necessitated apparently by the war) been manufactured in America and were part of a very large number of cigarettes which had originally been intended fo...
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