Kolkata Court December 1897 Judgments
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Corporation of Calcutta Vs. Eastern Mortgage Agency Co., Ld.
Court: Kolkata
Decided on: Dec-21-1897
Reported in: (1898)ILR25Cal483
Banerjee and Hill, JJ.1. In this case Mr. J. C. Dutt, an Honorary Presidency Magistrate of Calcutta, has referred for the opinion of this Court the two following questions of law under Section 432 of the Code of Criminal Procedure.2. Do the words in Section 87 of the Municipal Act 'exercise in Calcutta any of the professions, trades, or callings prescribed in the second schedule' mean and include the exercising through agents in Calcutta of any such profession, trade or calling by a person or company having no registered place of business in Calcutta?3. Is the Eastern Mortgage Agency Company, Limited, bound under Section 87 of the Act or Rule 7, Clause (b) in the second schedule to the Act to takeout a license for the official year 1895-96 under class I in that schedule4. We are of opinion that upon the facts stated in the reference the first question should be answered in the affirmative. There is no reason why a Joint Stock Company exercising through an agent in Calcutta the professi...
Enamul Huq Vs. Ekramul Huq
Court: Kolkata
Decided on: Dec-16-1897
Reported in: (1898)ILR25Cal294
Sale, J.1. This is an application .by the plaintiff for an order that the defendant, Ekraraul Huq, to allow Abdul Jubbar, the plaintiff's agent, to be present at the inspection directed by the order of the 20th February 1897.2. The material portion of the order is as follows: 'And the applicant, his attorneys and agents, are to be at liberty to inspect and peruse the documents so to be produced and left and to take copies and abstracts thereof and extracts there from as the applicant shall be advised.'3. It is contended, on the part of the plaintiff, that the words of the order leave the Court no discretion, and that Abdul Jubbar is a person who answers to the description of the word 'agent' as used in the order.4. It is admitted that Abdul Jubbar was originally a servant of the defendant Ekramul Huq, and that he continued in his service until some time after the date of the order for inspection, and that up to his discharge some time in 1897 he was employed as an accountant and had ch...
Lutfur Rahman Nuskur Vs. Municipal Ward Inspector
Court: Kolkata
Decided on: Dec-14-1897
Reported in: (1898)ILR25Cal492
Banerjee and Hill, JJ.1. This is a rule calling upon the District Magistrate to show cause why the conviction and sentence in this case should not be set aside on the ground that the provisions of Section 882 of the Calcutta Municipal Consolidation Act (Bengal Act II of 1888) have not been contravened by the petitioner in this case.2. No one appears to show cause, and the learned District Magistrate, in his letter to the Registrar of this Court, says that the Deputy Magistrate who tried this case has no cause to show. The offence complained of is stated in the record in these terms: Permitting corpses to be buried at the Talbagan burial ground after it had been closed, as seen on the 28th June 1897 and 9th July 1897. The plea of the accused was that he could not say whether there was any burial on those two particular dates mentioned, but since then several burials have taken place; that he was one of the proprietors of Talbagan burial ground; and that he did not know that it was close...
Dolegobind Chowdhry and ors. Vs. Dhanu Khan
Court: Kolkata
Decided on: Dec-14-1897
Reported in: (1898)ILR25Cal559
Banerjee and Hill, JJ.1. This is a rule calling upon the Magistrate of the District to show cause why the orders complained of, purporting to have been made under Section 107 of the Code of Criminal Procedure, should not be set aside.2. The ground upon which our interference is asked is, that the proceedings recorded show that the case is properly one for the [561] institution of proceedings under Section 145 0f the Code of Criminal Procedure, and not under Section 107. The order complained of is one that has the evident effect of binding down only one of the parties to the dispute, leaving the other party free, without any adjudication upon the question as to which of the two parties is in possession. We think the contention urged on behalf of the petitioners is right and ought to prevail.3. We, therefore, set aside the order under Section 107....
Subal Chunder Dey Vs. Ram Kanai Sanyasi
Court: Kolkata
Decided on: Dec-14-1897
Reported in: (1898)ILR25Cal628
Banerjee and Hill, JJ.1. This is a rule calling upon the Magistrate of the district to show cause why the order made in this case under Section 106 of the Code of Criminal Procedure should not be set aside upon the ground that there has been no conviction for any of the offences upon a conviction for which such an order could have been made.2. The accused has been convicted of the offence of house trespass punishable under Section 448 of the Indian Penal Code, and the intention for committing the trespass, as found in the judgments of the Courts below, was to have illicit intercourse with the complainant's wife. That being so, can it be said that the accused was convicted of any of the offences contemplated by Section 106 of the Code of Criminal Procedure? We are of opinion that the question must be answered in the negative.3. Mr. P. L. Roy, who appears for the Crown to show cause, contends that a conviction for house trespass may sustain an order under Section 106 of the Code of Crimi...
indra Nath Banerjee Vs. Queen-empress on the Complaint of Matilal Mook ...
Court: Kolkata
Decided on: Dec-08-1897
Reported in: (1898)ILR25Cal425
Hill and Wilkins, JJ.1. This is a rule calling upon the District Magistrate of Burdwan to shew cause why the order of the Sub-Divisional Officer of Katwa, dated the 21st July 1897 making absolute, under Section 137 of the Criminal Procedure Code, a conditional order issued by that officer on the 24th April 1897, under Section 133 of the Criminal Procedure Code, and calling upon the petitioner to remove a burning-ghat from its present position where it is a nuisance, or to shew cause why such conditional order should not be made absolute, should not be set aside.2. The facts appear to be as follows:Previous to the 10th June 1893, the burning-ghat or cremation-ground in question was situated on the borders of villages Mohanpur and Naihati; on the application of some of the inhabitants of Mohanpur proceedings were insti(sic) tuted against the proprietor (the present petitioner) under Section 133 of the Criminal Procedure Code, and on the 10th June 1893, at the instance of the District Mag...
Daitari Das Vs. Queen-empress
Court: Kolkata
Decided on: Dec-06-1897
Reported in: (1898)ILR25Cal557
Banerjee and Hill, JJ.1. The appellant in this ease was tried before the Sessions Court of Cuttack on three charges under Section 409 of the Indian Penal Code for having committed criminal breach of trust as a public servant in respect of three different sums of money.2. The learned Sessions Judge, agreeing with the assessors, has found the accused guilty on all the three charges, and has sentenced him under Section 409 of the Indian Penal Code to seven years' rigorous imprisonment on each charge, with this qualification that the sentences are to run concurrently. We see no reason to interfere with the conviction; but in regard to the sentence, we are of opinion that it is not warranted by law. There is no provision in the Code of Criminal Procedure, or in any other law that we are aware of, authorizing a Court to pass sentences which are to run concurrently. On the contrary, Section 35 of the Code of Criminal Procedure enacts that ' when a person is convicted at one trial of two or mo...
Biru Mandal and ors. Vs. Queen-empress
Court: Kolkata
Decided on: Dec-06-1897
Reported in: (1898)ILR25Cal561
Banerjee and Hill, JJ.1. The appellants in this case were tried by a jury before the Sessions Court at Rajshahye on four charges: (1) dacoity punishable under Section 395 of the Indian Penal Code; (2) theft in a dwelling house, actual and constructive, punishable under Section 380 read with Section 149; (3) rioting punishable under Section 147; and (4) being members of an unlawful assembly, punishable under Section 143 of the Indian Penal Code.2. The learned Sessions Judge charged the jury by summing up the evidence, but without laying down the law by which the jury were to be guided, as laid down in Section 297 of the Code of Criminal Procedure. The jury, on being asked what their verdict was on the first charge, through their foreman replied that they could give their opinion upon the whole case, but they had not considered their verdict on each charge. Thereupon, as the record shows, the charges were once more read over to the jury, who [563] retired for some time to consider their ...
Fazil Howladar Vs. Krishna Bundhoo Roy
Court: Kolkata
Decided on: Dec-01-1897
Reported in: (1898)ILR25Cal580
Maclean, C.J.1. The first question we have to decide is whether the decree in this case is a mortgage decree. That point has not been very seriously argued by the learned Vakil for the appellant, because he virtually admits that he cannot distinguish a recent decision of this Court in the case of Jogemaya Dassi v. Thackomoni Dassi (1896) I.L.R. 24 Cal. 473 from the present case upon that point. In my opinion the decree in this case was a mortgage decree.2. That being so, the further question arises, whether the plaintiff is now entitled to take any further execution proceedings to obtain the benefit of this decree, the appellant urging that he is debarred from doing so by reason of the third paragraph of Section 230 of the Code of Civil Procedure which says that No subsequent application to execute the same decree shall be granted after the expiration of twelve years from any of the following dates.'3. The decree referred to in that paragraph of the section is admitted to be a ' decree...
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