Kolkata Court July 1894 Judgments
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Saraswati Kumari Vs. Chhatradhari Singh and on His Death His Son and H ...
Court: Kolkata
Decided on: Jul-20-1894
Reported in: (1895)ILR22Cal156
Ghose and Gordon, JJ.1. One Atlanta Narain Singh was the holder and possessor of an ancestral ghatwali tenure in the Sonthal Pergunnahs described in the plaint as 'Mehal No. 38 ghaiwali taluk Noniad within towji No. 1, within pergunnah Shaontadi tuppeh Sewruth in Deoghur.' He died without issue on the 14th Agrahan 1295, leaving a widow, Srimati Saraswati Kumari, who is the plaintiff in this suit, and who claims to be entitled as her husband's heiress to succeed to the ghatwali in preference to her husband's brother, Chhatradhari Singh. Her case as set out in the plaint is substantially this : According to long-established custom the ghatwali is held by one person and descends to his eldest son, and in default of male issue to his widow; that after her husband's death she applied to have her name recorded as her husband's successor to the ghatwali, but that the Doputy Commissioner rejected her application and illegally appointed her late husband's brother, the defendant Chhatradhari Sin...
The Queen-empress Vs. Jagat Chandra Mali and anr.
Court: Kolkata
Decided on: Jul-17-1894
Reported in: (1895)ILR22Cal50
Beverley and Banerjee, JJ.1. The appellant Jagat Chandra Mali has been convicted of murder and sentenced to death by the Sessions Judge of Tipperah, and the proceedings have been referred to this Court for confirmation of the sentence under the provisions of Section 3741 of the Code of Criminal Procedure.2. The appellant Udoy Tara has been convicted of abatement of murder and has been sentenced to transportation for life.3. The deceased was the husband of the female accused Udoy Tara, and the medical evidence shows, beyond all reasonable doubt, that, on the night of Monday, the 26th February last, he was done to death by being beaten severely on the head and upper portion of the body. The case for the prosecution is that the male accused had an intrigue with the deceased's wife Udoy Tara, and that, on the night in question, the deceased was enticed out of his house by the female prisoner when he was set upon by Jagat Chandra, and with the woman's assistance was beaten to death. The cas...
Basumati Adhikarini Vs. Budram Kolita
Court: Kolkata
Decided on: Jul-05-1894
Reported in: (1895)ILR22Cal46
Beverley and Banerjee, JJ.1. The question raised in this case is whether the conviction of the petitioner Basumati Adhikarini, under Section 500 of the Indian Penal Code, is legal.2. The facts of the case are shortly these : The petitioner, who is the guru or spiritual guide of the caste to which the complainant Budram Kolita belongs, issued to the complainant's fellow-villagers a letter styled an ajna patra or order of the Balipur satra, or religious fraternity, to the effect that. whereas two persons named Jayram and Narayan of the village came and informed the petitioner that a woman named Kutihari of that village had been caught with a man of the Jugi caste, the letter of prohibition was issued that, until the decision of her case, no barber, Brahmin, relation or coreligionist should have social intercourse with her, and that if they had such intercourse they would be guilty of the five sins and of rebellion against their guru. Some time after the issue of this letter Budram, the h...
Doorga Mohun Dass Vs. Tahir Ally and anr.
Court: Kolkata
Decided on: Jul-04-1894
Reported in: (1895)ILR22Cal270
Sale, J.1. It appears that upon the death of one Shaik Abdool Tyeb in 1879, both these suits were revived in the names of Tahir Ally and Amiruddin, who were made co-plaintiffs in the second mentioned suit; and as Amiruddin was then a minor, Tahir Ally acted as his next friend. The second mentioned suit was a suit for an account against Abdool Hossain and Abdool Kyem as the executors of the estate of Ally bin Allabux. An account was taken, and in the result the executors were, by an order made on further directions on the 17th July 1879, directed to pay into Court two sums, Rs. 406-0-4 and Rs. 1,251-10-8. By a subsequent order, dated 21st March 1882, the executors were directed to pay these sums into Court within a specified time.2. Tahir Ally died in 1884. Amiruddin, who then and thereafter had no next friend, applied in his own name for and obtained a rule as against the surviving executor, Abdool Kyem, to show cause why the order of the 21st March 1882 should not be complied with. Th...
Ramjeevan Koormi Vs. Durga Charan Sadhu Khan
Court: Kolkata
Decided on: Jul-04-1894
Reported in: (1894)ILR21Cal979
Beverly and Banerjee, JJ. 1. One Durga Charan Sadhu Khan was arrested without warrant by constable Ramjeevan for an offence under Clause 3 of Section 34 of Act V of 1861. The Deputy Magistrate, who tried the case, acquitted Durga Charan, and under the provisions of Section 560 of the Code of Criminal Procedure ordered . the constable 'to pay Rs. 20 as compensation to the accused, or undergo simple imprisonment for a fortnight.'2. The District Magistrate has asked us to exercise our powers of revision in the case on four grounds: (1) That Section 560 of the Code is not applicable to a police officer arresting an accused person for a cognizable offence; (2) that the order imposing imprisonment in default of payment is illegal; (3) that Sub-section (1), proviso (a), has not been complied with; (4) that the compensation awarded is excessive and out of proportion to the circumstances of the parties, to any inconvenience suffered by the accused, or to any wrong-doing committed by the constab...
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