Kolkata Court December 1893 Judgments
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Akali Dassia and ors. Vs. Jagannath Churn and ors.
Court: Kolkata
Decided on: Dec-31-1893
Reported in: (1894)ILR21Cal463
Banerjee and Rampini, JJ.1. This appeal arises out of a suit brought by the plaintiffs, respondents, who are some of the bhakats, or members of a religious fraternity, in Assam, against the satria, or head of the fraternity, and the other members, for the establishment of their right to enter into and perform their prayers and other rites in a kirtanghar, or prayer-hall from which they allege they have been wrongfully dispossessed by the defendants, for having the said kirtanghar made over to them and for perpetual injunction restraining the defendants from interfering with the plaintiffs in the performance of the said rites. The plaintiffs allege in their plaint that the management of the business connected with the satra, or religious union, including the distribution of honorarium and offerings and the appointment and dismissal of the satria, or head, is entrusted with the samuha, entire body of bhakats; and that they and their forefathers have been from generation to generation in ...
Durga Dyal Tewari and ors. Vs. Bikramjit Tewari and anr.
Court: Kolkata
Decided on: Dec-22-1893
Reported in: (1894)ILR21Cal274
Trevelyan and Banerjee, JJ.1. The second point is a question of interest. The appellants are the assignees of the mortgagors, and they complain that the interest from the due date of the bond up to the date of suit has been charged on the property. They say that, inasmuch as under the terms of the bond no such interest is payable, it can only be treated as damages, and cannot be charged on the property, and we have been referred to two judgments of the Allahabad High Court I.L.R. 2 All. 617, and I.L.R. 8 All. 486, in which, relying upon certain English decisions, what is called damages are given in respect of the loss after the time when the money was stipulated to be paid. It really seems to us that it makes very little difference what we call it. In the ordinary acceptation of the term, money of this class is generally known as interest. But apart from other questions, we feel a difficulty in making any use of the Allahabad decisions, because it does not appear that the Interest Act ...
Ganga Charan Singh Vs. Queen-empress
Court: Kolkata
Decided on: Dec-21-1893
Reported in: (1894)ILR21Cal337
Prinsep and Ameer Ali, JJ.1. In this case the petitioner escaped from custody, after arrest by a Police constable under the belief that he was a man who had been charged with an offence and could not be arrested on warrants issued, He was subsequently brought to trial, and was acquitted on the ground that he was not the person who was charged with that offence, but was another person bearing the same name as the person accused. The question raised before us is whether, under such circumstances, it could be properly said that he was lawfully detained for any offence so as to make him liable to punishment for his escape. In our opinion he is not liable to punishment under Section 224, Penal Code, because he was not lawfully detained for any offence. Whether the Police were or were not justified in arresting this man is a matter which does not concern the point raised before us. We accordingly set aside the conviction and sentence, and direct that the fine, if paid, be refunded....
Baikanta Nath Mittra Vs. Aughore Nath Bose
Court: Kolkata
Decided on: Dec-18-1893
Reported in: (1894)ILR21Cal387
Beverley, J.1. This is an appeal from an order of the Subordinate Judge of Hooghly, disallowing an objection to the execution of a decree on the ground of limitation.2. The decree was made ex parte on the 30th May 1888, and was for arrears of rent not exceeding Rs. 500. An application to execute the decree (No. 219 of 1889) was made on 27th May 1889, and certain property was attached; but on the 31st August, the day fixed for sale, the judgment-debtor applied to have the ex parte decree set aside, and pending the disposal of that application, the sale was stayed. On the 31st October 1889, the Court made a further order striking the execution case off the file 'for the present,' the property remaining under attachment.3. The application to set aside the decree was rejected on the 28th December 1889, and this order was confirmed in appeal on the 16th May 1890.4. On the 21st January 1892, the decree-holder made an application to execute the decree by attachment and sale of certain propert...
Basumoti Adhikarini Vs. Budram Kalita
Court: Kolkata
Decided on: Dec-18-1893
Reported in: (1894)ILR21Cal588
Prinsep and Ameer Ali, JJ.1. This is an application complaining of an order passed by the Extra Assistant Magistrate of Goalpara, refusing to dispense with the personal attendance of a parda-nashin woman who has been charged with defamation. The Magistrate seems to think that, under the law, he has no such power, and the terras of his order leave it doubtful whether, if he held that he has such power, he would not have exercised it. It seems to us that the Magistrate has taken an erroneous view of the law in this respect, and that he is competent to dispense with the personal attendance of the lady under the provisions of Section 205, Code of Criminal Procedure. The offence, no doubt, is a warrant case, but under Section Section 204, a Magistrate can exercise his discretion in such a case and issue a summons instead of a warrant. In the present case the Magistrate apparently did exercise such discretion. Section 205 declares that, whenever a Magistrate issues a summons, he may, if he s...
Nimar Khasia and ors. Vs. Lep Singh Khasia and ors.
Court: Kolkata
Decided on: Dec-13-1893
Reported in: (1894)ILR21Cal244
Banerjee and Rampini, JJ.1. Two questions have been raised in this appeal on behalf of the defendants, appellants; First, whether there is in the judgment of the Lower Appellate Court any finding that the plaintiffs have made out their title to the garden in dispute, and second, whether if there is no such finding, the decree that the plaintiffs have obtained for the value of fruits wrongfully taken away by the defendants can be sustained upon the finding that the plaintiffs have planted the trees and made the garden and were in possession of it.2. Upon the first point there are, it is true, passages in the judgment which, if they stood alone, might be taken as amounting to a finding of title in favour of the plaintiffs. But when we find in the judgment of the First Court an express, statement that 'it is not necessary to determine the question of title in this suit,' and when the Lower Appellate Court affirms that judgment, and states that the two important points for consideration ar...
PulIn Chandra Roy Vs. Akbar Hossein
Court: Kolkata
Decided on: Dec-12-1893
Reported in: (1894)ILR21Cal350
Beverley and Hill, JJ.1. This was a suit for the cancellation of a deed of sale of certain immoveable property executed by the defendant to the plaintiff and for the recovery of the purchase money.2. The defendant, it appears, was the owner of 152 bighas 3 cottahs and 10 gundas of lakhiraj land in mouzah Baradaha, and at the beginning of the year 1889 was in arrears in respect of the road cess assessed thereon to the amount of a sum of Rs. 41. On the 19th February 1889, a certificate for the recovery of those arrears was filed in the office of the Collector pursuant to the provisions of Bengal Act VII of 1880, and on the 3rd March this was followed by the issue of a notice from the Collector's office to the defendant under the provisions of Section 10 of the Act. On the 11th March the defendant conveyed to the plaintiff by a deed of sale of that date 38 bighas 9 1/2 cottahs out of this property for Rs. 166, and by the deed it was agreed, inter alia, 'that if the sale of the property he...
Bechu Sheikh Vs. Deb Kumari Dasi and anr.
Court: Kolkata
Decided on: Dec-11-1893
Reported in: (1894)ILR21Cal404
Trevelyan, J.1. On the 26th of April 1893 the Magistrate of Faridpur recorded a proceeding under Section 145, Criminal Procedure Code, regarding certain lands situate in his district.2. This proceeding was as follows : Whereas it appears from the report of the Sub-Inspector of the Kotwali police station, dated the 26th April 1893, that a dispute likely to cause a breach of the peace exists between the parties named below, with regard to the possession of a piece of newly-formed chur land in Dhole Samudar, measuring about 275 bighas, and bounded on the north by Dhole Samudar, east by Dhole Samudar, south by Dhole Samudar and Badaruddin's undisputed land, and west by the land attached by the Magistrate under Section 146, Criminal Procedure Code, and that both parties claiming to be in possession and to have cultivated the land are about to use force and other unlawful means to enforce their respective claims, I therefore direct that the following persons be summoned to attend the Court o...
Queen-empress Vs. Sagal Samba Sajao and ors.
Court: Kolkata
Decided on: Dec-11-1893
Reported in: (1894)ILR21Cal642
Prinsep and Ameer Ali, JJ.1. Six Manipuris and one Goorkha have been convicted by the Officiating Sessions Judge of Cachar under Section 396, Indian Penal Code, of having jointly committed dacoity in which three persons were murdered. The assessors were for the acquittal of all the prisoners disbelieving the evidence of the approvers Mukhta Singh and Mohan Singh.2. On the night of Tuesday, the 11th of April last, the house of Mr. Cockburn, a tea planter of Balladhun, was attacked by a body of men, who first of all killed the chowkidar who was sleeping in the verandah, then killed Cockburn, and afterwards pursued the cooly woman with whom he was cohabiting and mortally wounded her in an adjoining jungle so as to cause her death a few days afterwards, and finally they carried off a large sum of money and various articles from the house. About these facts there can be no reasonable doubt. On the 13th of April the depositions of certain witnesses produced before him by the Police were reco...
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