Kolkata Court April 1895 Judgments

FaizuddIn Ali Khan and anr. Vs. Tincowri Saha (Auction-purchaser) and ...

Court: Kolkata

Macpherson and Banerjee, JJ.1. This is an appeal from an order passed by the Subordinate Judge of Murshidabad, under Section 313 of the Code of Civil Procedure, setting aside a sale of immoveable property, on the ground that the judgment-debtors had no saleable interest in it.2. The decree, in execution of which the sale was held, was obtained by the appellants before us against Golap Kumari Barmania and Bhabani Kumari Barmania, widows of the late Narain Singh, upon a mortgage executed by them in favour of the decree-holders. After the sale had taken place, applications were made by the judgment-debtors and by the auction-purchaser for setting aside the sale, the former contending that the sale was vitiated by irregularity resulting in loss to them, and the latter contending that the judgment-debtors had no saleable interest in the property sold. The application of the judgment-debtors was disallowed, but that of the auction-purchaser was granted by the Court below, the learned Subordi...

Corporation of Calcutta Vs. Standard Marine Insurance Company

Court: Kolkata

Reported in: (1895)ILR22Cal581

W. Comer Petheram, C.J. and Beverley, J.1. The question we have to consider is, whether an insurance company, which is registered in England, with a paid-up capital of 100,000, and which issues policies, and carries on the general business of insurance in Calcutta, through the agency of a firm of general merchants there, is liable to the license tax imposed by Section 87 of the Calcutta Municipal Consolidation Act. We think it is not, and our reason for doing so is, that the business of insurance is not one of the occupations mentioned in the second schedule to the Act; and Section 87 only imposes the tax upon persons who exercise some or one of the professions, trades, or callings mentioned in it. The words of the section are: 'Every person who shall exercise, in Calcutta, any of the professions, trades or callings prescribed in the second schedule, shall annually take out a license, and shall pay for the same such sum as in the second schedule is mentioned.' The second schedule is di...

Shib Nath Chong Vs. Sarat Chunder Sarkar

Court: Kolkata

Reported in: (1895)ILR22Cal586

W. Comer Petheram, C.J. and Beverley, J.1. This is a reference from the Sessions Judge of Mymensingh, recommending that an order of the Joint Magistrate in the case of Shib Nath Chong v. Sarat Chunder Sarkar, head-constable, by which the complainant is directed to pay Rs. 50 as compensation to the accused under Section 560, Code of Criminal Procedure, or, in default, to suffer simple imprisonment for one month, be sot aside. It appears that the Joint Magistrate also sanctioned the prosecution of the complainant for instituting a false charge under Section 211, Indian Penal Code, but that sanction has been revoked by the Sessions Judge.2. We are of opinion that it was never intended that recourse should be had to the provisions of Section 560, Code of Criminal Procedure, in a case in which the trying Magistrate is of opinion that the complaint was wilfully and maliciously false, and that the complainant should be prosecuted for an offence under Section 211, Indian Penal Code. If, theref...