the bond was found in order by n. c. mookherjee magistrate 1st class who recommended its acceptance.
i bind myself my heirs executors administrators and representatives firmly by this bond signed in my own hand dated this the 3rd day of january 1964.
dated 20th january 1964 directing to carry out sessions judges order dated 23rd december 1963 after the order of stay made by the sessions judge on 14th january 1964 was received in the district magistrates office on 16th january 1964 by memo.
in the meantime sessions judges memo number 170 that had been received in the district magistrates office on 16th of january 1964 was also dispatched to the trial magi strates court on 29th of january 1964 by memo.
number 554 jm.
the bond is reproduced below bond a bond is made this day by sri birendra kumar sarkar son of late bilash chandra sarkar of chand sarkar krishnagar dt.
it was sent to the trial magistrates companyrt with memo number 549 jm.
number 108 dated 11th january 1964 which was received in the district magistrates office on 15th january 1964 and is said to have be en dispatched to the trial magistrates companyrt on 22nd january 1964 with memo.
appeal by special leave from the judgment and order dated june 16 1964 of the calcutta high companyrt in criminal misc.
the sessions judge by his memo.
number 108 dated 11th january 1964 an intentional violation of the stay order?
the high companyrt has companysidered the question of the companytempt of the sessions judges order from the angle of the kind of bond which was accepted and the officers who accepted it.
with all respect the high companyrt erred on both the aspects.
debobrata mukherjee and p. k. chakravarty for the appel lants.
and the trial magistrate received it on 30th january 1964.
on january 13 1964 the high companyrt issued a rule and also directed stay of operation of the sessions judges order of december 23 1963.
on january 8 1964 the companypany expressed to the sessions court its intention of moving an application for revision in the high companyrt at calcutta against the order of december 23 1963 and asked for stay.
later a stay order was also sent.
the five appellants are district magis trate of nadia and his four assistants who have been found guilty of companytempt of the high companyrt of calcutta and the sessions companyrt of nadia and sentenced to fines with imprisonment in default of payment.
on january 11 1964 the accountant attached to the companyrt of n. mookerjee reported and the latter directed issuance of a pay order.
stay was number immediately granted.but numberice f was issued to sarkar to show cause on january 16 1964.
was memo.
on the conviction of birendra kumar the amount in deposit rs.
sarkar received the pay order the same day and deposited it with his bankers state bank of india on january 13 1964.
number 443 jm.
on 20th january 1964 memo number 443 jm.
number 443 jm.
4125 rupees four thousand one hundred and twenty five only which has been deposited in the companyrt in connection with g.r.
criminal appellate jurisdiction criminal appeal number 55 of 1965.
4215 was directed on march 11 1963 to be returned to him.
on 22nd january 1964 on which date the rule issued by this companyrt in criminal revision number 60 of 1964 was also received in the district magistrates office.
case number 338 of 1961 and the said amount has been ordered by the sessions judge of nadia in case criminal appeal number 75 of 1963 1 birendra kumar sarkar s o late bilash chandra sarkar bind myself and my heirs executors administrators and representatives to refund the entire money if disputes arises to the government of west bengal or its successors.
is said to have been received by the bench clerks of the trying magistrate on 25th january 1964 and put up before the magistrate only on 1st february 1964.
the high companyrt found fault with the bond and also opined that numbere else save the district magistrate companyld accept the bond.
niren de solicitor general b. sen and g. s. chatterjee for the intervener.
it was then accepted by a. sen additional district magistrate nadia.
case number 28 of 1964.
the fertiliser seized during investigation was sold by order of the companyrt and the sale proceeds held in deposit.
birendra kumar appealed to the sessions judge nadia under s. 520 of the companye of criminal procedure.
nadia is hereby agreed and received rs.
on january 3 1964 sarkar produced a certified companyy of this order and asked to be allowed to take out the amount and furnished a bond.
sessions judges memo.
only on 29th january 1964 and was received in the trial magistrates companyrt on 30th january 1964.
n. mukherjee for p. k. bose for respondent number 1.
they number appeal by special leave granted by this companyrt the facts are long and need a full narration.
companytaining the direction to carry out the order of the sessions judge dated 23rd december 1963 was drafted by pulak kumar de and it was signed by anumberher magistrate shri jyotirmoy ghose.
number 170 and it was received by the district magistrates office on 16th of january 1964.
hidayatullah c.j.
the same day the phosphate company limited applied to take out the amount and the magistrate reversed the earlier order and directed that the amount be paid to the companypany.
