Kolkata Court February 1886 Judgments
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Empress of India Vs. Kaliprosonno Doss and ors.
Court: Kolkata
Decided on: Feb-02-1886
Reported in: (1887)ILR14Cal245
Trevelyan, J.1. It seems to me that, having regard to the provisions-of Section 289 of the Criminal Procedure Code, the putting in of documentary evidence by an accused during the hearing of the evidence of the prosecution, before he is asked whether he intends to call any evidence, does not give a right of reply to the Crown. I am referred to the decisions of Mr. Justice Field in the case of The Queen-Empress v. Grees Chunder Banerjee 10 C. 1024 and of Mr. Justice Norris in a case which has not been reported. The reasons for the latter decision do not appear, and I prefer to follow the decision of Mr. Justice Field above referred to, and I therefore hold that by putting in this document the accused does not give the Crown the right of reply.2. After Mr. Phillips had examined a number of witnesses for the prosecution, and tendered others for cross-examination, who had been called before the Magistrate, he closed the case for the prosecution without calling Brahmo Pershad Singh, an Insp...
In Re: Brojendra Kumar Rai Chowdhuri and ors.
Court: Kolkata
Decided on: Feb-01-1886
Reported in: (1885)ILR12Cal515
Field, J.1. In this case the petitioner, Brojendra Kumar Rai Chowdhuri, obtained a decree in the Court of the First Subordinate Judge of Dacca. In execution of this decree he sought to sell certain property. Thereupon certain persons, Rup Lall Doss and Rughoonath Doss, preferred a claim to that property, This claim was unsuccessful, and was rejected in the course of the execution proceedings. On this Rup Lall Doss and Rughoonath Doss instituted a regular suit to assert their right to the property attached by Brojendra Kumar Rai Chowdhuri in execution of his decree. In that suit they applied for a temporary injunction to restrain Brojendra Kumar Rai Chowdhun from selling the property until the decision of the suit so brought by them to assert their title thereto. This suit is pending in the Court of the Second Subordinate Judge. The application for an injunction was refused. There upon Rup Lall Doss and Rughoonath Doss went back to the Court of the First Subordinate Judge and applied to...
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