Kolkata Court March 1899 Judgments
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Queen-empress Vs. SalemuddIn Sheik and ors.
Court: Kolkata
Decided on: Mar-14-1899
Reported in: (1899)ILR26Cal569
Prinsep and Stanley, JJ.1. The petitioner was arrested by a chowkidar in possession of a load of newly cut wood, which it was suspected had been cut from a Government served forest, and after his arrest it is said that he admitted to the ckowkidar having so obtained it. He has accordingly been convicted and sentenced to fine under Section 25 of the Indian Forest Act (VII of 1878). The Sessions Judge has referred this case to us as a Court of Revision, that the conviction and sentence may be set aside, on the ground that a confession so made is not admissible in evidence, and as that is the only evidence in the case, there is no evidence to justify the conviction and sentence.2. Section 25 of the Evidence Act declares that no confession made to a Police officer shall be proved as against a person accused of any offence. We are not inclined to restrict this to officers of the regular Police Force. In our opinion, it applies to every Police officer. In Empress v. Rama Birapa (1878) I.L.R....
Tika Ram Vs. the Deputy Commissioner of Bara Banki
Court: Kolkata
Decided on: Mar-11-1899
Reported in: (1899)ILR26Cal707
Macnaghten, J.1. This is an appeal against a decree of the Court of the Judicial Commissioner of Oudh varying an order of the District Judge of Fyzabad. The suit in which the decree was pronounced was brought to enforce a claim under four deeds of mortgage, three of which were executed by the late Raja Mehpal Singh, talukdar of Surajpur, and one by the Rani his widow after 'his death. The appellant Tika Ram, who represents the mortgagee, was plaintiff. The defendant in the suit was the present respondent, the Deputy Commissioner of Bara Banki, who is now, under the Court of Wards, manager of the Surajpur estate on behalf of the minor son of the late Raja.2. The only question argued at the Bar which, in their Lordships' opinion it was competent for the appellant to raise was, whether the circumstances under which the fourth mortgage was executed by the Rani were such as to make it binding on the minor's estate.3. The three mortgages executed by the Raja were:(1) A mortgage of the villag...
Umesh Chunder Ghose Vs. Queen-empress
Court: Kolkata
Decided on: Mar-08-1899
Reported in: (1899)ILR26Cal571
Prinsep and Stanley, JJ.1. The petitioner has been convicted by the Magistrate of having kept incorrect accounts of a shop of which he was a licensed vendor of opium, and thereby of having committed a breach of the rules under the Opium Act, and thus of having committed an offence punishable under Section 9 of the Act, and he has been sentenced to a fine of Rs. 200 or, in default, to undergo rigorous imprisonment for four months. On appeal, the Sessions Judge has affirmed the conviction and sentence, but has held that the petitioner has brought himself within the purview of Rules 39 and 40 of the Government rules.. We have not been able to find these rules, but Mr. Leith, who appears for the Government in support of this conviction, informs us that he has reason to believe that these rules are obsolete rules, which have been re-placed by certain rules in the hands of those who appear in this case representing the adverse parties. Now we should not be inclined to set aside this convicti...
Bodh NaraIn Vs. Mahomed Moosa
Court: Kolkata
Decided on: Mar-08-1899
Reported in: (1899)ILR26Cal650
Banerjee, J.1. In this appeal, which arises out of an application for extension of time for the satisfaction of a decree in a suit for ejectment for arrears, of rent under Section 66 of the Bengal Tenancy Act, the question for determination is, whether the extension of time authorized by Sub-section 3 of Section 66 can be granted by the Court after decree. The Courts below have answered it in the affirmative, and granted the judgment-debtor's application for extension of time, which was made before the expiry of fifteen days from the dated of the decree; and hence this appeal by the decree-holder.2. The contention on behalf of the appellant is that the extension of time authorized by Section 66 of the Bengal Tenancy Act can be granted by the Court only at the time of passing the decree, and that after the decree is passed, the Court has no power to extend the time within which it may be satisfied. On the other hand, it is contended for the respondent that there is no such limitation on...
Sarojini Dasi Vs. Kedar Nath Mitter
Court: Kolkata
Decided on: Mar-06-1899
Reported in: (1899)ILR26Cal639
Francis W. Maclean, K.C.I.E., C.J.1. There cannot be any reasonable doubt that the testatrix, Thakomoni Dasi, did execute a will some time in the year 1894, nor any reasonable doubt that the sheet now produced, and of which probate is sought, formed a portion of that will. It appears from the evidence that the will was written upon two sheets of paper, and only one sheet, apparently the first sheet, was to be found, and was found after the testatrix's death amongst her depositories. The sheet we have practically disposes, by means of legacies, of the bulk, though not the whole, of her property. Application is now made for probate of that portion of the will and the application is resisted by the testatrix's heir. We have to consider whether probate of this portion of the will can be properly granted.2. The heir contends that, inasmuch as the will remained in the custody of the testatrix, which is not disputed, and only a portion of it--the first sheet--has been found amongst her papers...
Queen-empress Vs. Mati Lal Lahiri
Court: Kolkata
Decided on: Mar-02-1899
Reported in: (1899)ILR26Cal560
Prinsep and Stanley, JJ.1. It appears that on the hearing of this reference the learned Vakil who appeared for the prosecution stated to the Court that he was in a position to specify three acts of misappropriation by the accused which might properly be made the basis of a charge against him, and Mr. Justice Hill expressed his regret that, this being so, the trial should have been allowed to proceed to an abortive issue upon the charge as it then stood. New charges were framed under Section 409, giving particulars of three acts of alleged criminal breach of trust on the part of the accused. In addition to these an entirely new charge was added under Section 477A of the Indian Penal Code in the following terms, ante p. 561.2. This charge is an obvious departure from the charge upon which the accused had been, after two lengthened trials, acquitted by the jury, and would appear to have been added with the object of avoiding the necessity of specifying in the indictment particulars of the...
Pramada Sundari Debi Vs. Kanai Lal Shaha
Court: Kolkata
Decided on: Mar-01-1899
Reported in: (1900)ILR27Cal178
Macpherson and Hill, JJ.1. We think both the lower Courts are wrong in holding that the provisions of Section 78 of Bengal Act VII of 1876 place any obstacle in the present plaintiff's way.2. The suit was instituted by the plaintiff as proprietor of an estate to recover the putni rent which was due to him as proprietor. He died during the pendency of the suit, and his widow was substituted in his place. According to the plaintiff the substitution was as widow and heiress; according to the District Judge's, judgment, it was as executrix under her husband's will.3. We do not think it makes much difference in what capacity she was substituted. Both the Courts have held that the substituted plaintiff's, name not being registered under the provisions of Act VII, to which we have referred, the present suit cannot proceed at her instance.4. In our opinion it cannot be said that the substituted plaintiff is claiming rent which is due to her as proprietor of the estate. She is claiming money wh...
P.A. Martyrose Vs. C.A.E. Curjon and anr.
Court: Kolkata
Decided on: Mar-01-1899
Reported in: 14Ind.Cas.981
Sale, J.1. This is a suit by the plaintiff to recover remuneration which, he alleges, the defendant agreed to give him for services in cnnection with the sale of certain property which the defendants wars desirous of effecting. The property in question was a portion of the patni rent of certain zamindary estates in which the defendant Miss Courjon was entitled to a life-interest, and the first defendant was entitled to the reversion expectant on the death of the life-tenant. The plaintiff shapes his case in two ways. He alleges, first, that the employment was to find a purchaser for 4/9ths of this patni rent at the price of four lakhs of rupees, it being stipulated that he was to receive brokerage or commission to the extent of 2 1/2 per cent, of the purchase-money. He alleges further that he obtained a purchaser who was ready and willing to purchase this property upon those terms, and that in fact, a concluded agreement was arrived at between, the vendors and the purchaser with respec...
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