Kolkata Court January 1900 Judgments
Aiunddi Sheikh and ors. Vs. Queen-empress
Court: Kolkata
Decided on: Jan-31-1900
Reported in: (1900)ILR27Cal450
Prinsep and Stanley, JJ.1. We have had some difficulty in ascertaining the facts of this ease relating to a breach of the rules passed under the Forest Act in which the petitioners have been convicted and sentenced to a fine, and by a subsequent order have had their boats confiscated under Section 54. The matter has been tried under summary procedure, and although it may be admitted that the object of this procedure is to shorten the course of the trial, it was nevertheless incumbent upon the Magistrate to put on record sufficient evidence to justify his order.2. The rule before us relates to the order of confiscation of boats belonging to the petitioners. The evidence regarding the use of these boats for purposes forbidden by the rules passed under the Forest Act by no means proves that the boats belonging to the petitioners were used for illegal purposes. But in addition to this, we are of opinion that the order for confiscation cannot be maintained on the authority of the case of Em...
Tag this Judgment!Amar Chundra Banerjee Vs. Guru Prosunno Mukerjee
Court: Kolkata
Decided on: Jan-31-1900
Reported in: (1900)ILR27Cal488
Banerjee, J.1. This appeal arises out of certain proceedings in execution of a decree. The decree was passed by the Small Cause Court at Sealdah, and it was subsequently transferred by that Court for execution to the Munsif's Court at Alipore. After various proceedings taken in the Alipur Munsif's Court, execution was ordered to proceed at the instance of Jogendra Haldar, who was an assignee of the decree. While the proceeding instituted by Jogendra Haldar was going on, the decree was transferred by him to Guru Prosunno Mukerjee, and applications were made to the Munsif's Court at Alipur by him and Guru Prosunno Mukerjee for allowing the latter to carry on the execution case. Thereupon notice was given to the judgment-debtors; they objected to the decree being enforced by the transferee; but the Court overruled their objection, and having found that the alleged transfer of the decree was true, allowed Guru Prosunno Mukerjee's application. Against this order of the Munsif, Amar Chundra ...
Tag this Judgment!Jatu Sing and ors. Vs. Mahabir Singh
Court: Kolkata
Decided on: Jan-30-1900
Reported in: (1900)ILR27Cal660
Prinsep, J.1. In this case the Magistrate convicted the petitioners of theft, and that was the only charge which they were called upon to answer.2. In appeal the District Magistrate has held that no theft was committed but, at the same time, he has convicted the accused of being members of an unlawful assembly. That, however, was an offence of which they had never been accused, and regarding which they had not been called upon to enter on their defence, and it was, moreover, an offence of an entirely different character from that of theft, for which they had been tried.3. In his explanation, the Joint Magistrate, who is in charge of the office of District Magistrate, has stated that sufficient notice was given to the accused because mention of Section 147 of the Penal Code (rioting) together with theft was made in the final report of the Police, as the offences considered to have been established, and that the accused must have been made acquainted with such report. We do not see how t...
Tag this Judgment!Queen-empress Vs. Basant Lall and ors.
Court: Kolkata
Decided on: Jan-26-1900
Reported in: (1900)ILR27Cal320
Prinsep, J.1. Several persons were tried together by the Magistrate of Shahabad for various offences connected with Section 224 of the Indian Penal Code. The sentences passed on these persons were not appealable with the exception of the sentence passed on Basant Lall. On his appeal the Sessions Judge has acquitted him, setting aside the conviction and sentence, and he has referred the convictions and sentences of the others to this Court with a recommendation that they also be set aside on the same ground as that upon which be acquitted Basant Lall on his appeal. On consideration of this reference, it appeared to the Judges of the Criminal Bench, of which I was one, that prima facie the law laid down by the Sessions Judge on which he set aside the conviction and sentence on Basant Lall was erroneous. We, therefore, deferred passing any orders with reference to the others directing that a rule should issue on Basant Lall to show cause why the order of acquittal passed on his appeal by ...
Tag this Judgment!RajnaraIn Bhaduri and anr. Vs. S.M. Katyayani Dabee
Court: Kolkata
Decided on: Jan-25-1900
Reported in: (1900)ILR27Cal649
Francis William Maclean, K.C.I.E., C.J.1. The question which we have to decide in this case is dependent upon the construction of the will of one Kristo Lall Bhadury who died many years ago leaving a widow surviving him and no issue.2. His will which was made in Bengali is dated the 2nd of June 1862, and is in the following terms: 'I, having by reason of ill-health come to the house of my father-in-law '(naming him)' and not having recovered under various modes of medical treatment and hence, considering my life to be in peril, I appoint' (literally 'make') 'my wife, Sreemutty Bhubunessari Dabee, to the malikatwa (ownership) after my demise as exercised' (literally 'done') 'by myself, in respect of the family dwelling-house,' (describing it) 'and wearing apparel, etc., whatever there is, (i.e.) in respect of all the properties aforesaid, I, of my own free will, make (this) will.'3. The question is whether the heirs of the deceased testator, who are plaintiffs, or the heirs of the widow...
Tag this Judgment!iman Mondal Vs. Queen-empress
Court: Kolkata
Decided on: Jan-25-1900
Reported in: (1900)ILR27Cal662
Prinsep, J.1. The order for further inquiry in this case purports to have been made under Section 437 of the Code of Criminal Procedure, and it relates to proceedings taken under Section 110, requiring the petitioner to give security for good behaviour. Section 437, which is the only Jaw authorizing a Magistrate to reopen proceedings in which a person has been discharged or 'released,' does not relate to a case of this description. The further inquiry which can be ordered under Section 437 is into a complaint which has been dismissed or into the case of any accused person who has been discharged. A reference to the definition of complaint will show that it relates only to the commission of an offence, and an offence means any act or omission made punishable by any law for the time being in force; so that proceedings under Section 110 of the Code of Criminal Procedure cannot be regarded as on a complaint. Nor can they be regarded as a case in which any accused person has been discharged...
Tag this Judgment!Retriever and Vs. Drachenfels
Court: Kolkata
Decided on: Jan-25-1900
Reported in: (1900)ILR27Cal860
Ameer Ali, J.1. These two cases for salvage reward promoted respectively by the owners, captains and crews of the steam tugs Hughli and Retriever against the German steamship Drachenfels were consolidated at the instance of the latter ship by an order of this Court made on the 15th October 1898. To the consequence of this order I shall refer by and by, but I cannot help expressing at this stage my regret at the inordinate length of the hearing and the amount of public time, which, in spite of every endeavour on my part to keep the discussions confined to the real issues, has been spent over non-essentials. One other remark seems to me necessary before going to the facts of the case.2. It was open to the parties to ask for the appointment of assessors and as they have not chosen to do so, should I fall into any misapprehension with regard to any matter of technical detail, the responsibility must be theirs.3. The Drachenfels is a German steamship of about 900 H.P., her nett tonnage bein...
Tag this Judgment!The Government of Bengal Vs. Senayat Ali and anr.
Court: Kolkata
Decided on: Jan-22-1900
Reported in: (1900)ILR27Cal317
Prinsep and Stanley, JJ.1. The matters raised for our determination in this appeal relate to the construction of the sections regarding municipal ferries contained in the Bengal Municipal Act. Certain persons were travelling by sampan in a khal which flows into the Kurufali river. On that river there is a municipal ferry plying in the neighbourhood of that khal. Complaint was made to the Magistrate by some passengers in a boat going through that khal, and after entering the Kurufali river, landing them on the opposite side, that they had been stopped by the servants of the ferryman, and had been made to pay tolls under the Municipal Act as if they had crossed that river in a municipal ferry boat.2. There was some argument before the Assistant Magistrate, who held the trial, whether the terms of Section 155 of the Municipal Act; in regard to the limits of the ferry would apply to passengers going from a distance of more than two miles through the khal into the river so as to convey them...
Tag this Judgment!W.E. Howatson Vs. W.E. Durrant
Court: Kolkata
Decided on: Jan-22-1900
Reported in: (1900)ILR27Cal351
Sale, J.1. The question in this rule is as to the effect of the inso(sic). the defendant under the vesting order of the 1st of February 1899.(sic) previous order made in this suit on the 8th of September 1893.2. The plaintiff is the creditor of the defendant. He obtained a decree in this suit, and after various proceedings he obtained on the 8th of September 1898, an order under Section 295 of the Civil Procedure Code, whereby, after directing certain payments to be made out of the fund in Court representing realizations made in execution of decrees, it was directed that the Registrar should proceed to enquire and report as to who were the creditors of the judgment-debtor entitled to payment out of the fund in Court, and that for the purpose of that enquiry the Registrar was to be at liberty to include in his report any further sum or sums of money which may be paid into Court to the credit of this suit up to the date of such report, and then the order proceeded to direct that the bala...
Tag this Judgment!ismail Khan Mahomed Vs. Jaigun Bibi
Court: Kolkata
Decided on: Jan-19-1900
Reported in: (1900)ILR27Cal570
Banerjee and Stevens, JJ.1. This appeal arises out of a suit brought by the plaintiff-appellant, for ejectment of the defendant-respondent from a plot of land, and for arrears of rent, on the allegation, that the plaintiff is lessee of taluq No. 99 on the register of 24-Pergunnahs Collectorate under the mutwali or manager of the Hughli Imambara, who holds that taluq as trustee of the endowment; that the defendant in possession of the plot of land in dispute is a tenant-at-will under the plaintiff; that the plaintiff gave the defendant, as he is entitled by his lease to do, a notice to quit the land in suit; and that the defendant has not complied with the notice.2. The defence was that the defendant knew nothing of the taluq No. 92 being wakf or endowed property; that the defendant was not a tenant-at-will; that the notice was bad in law; that the land in dispute was part of an ancient mourasi mocorari holding of Nizam Mistry and was purchased by Shadhu Serang in 1256 from Gholam Kadir...
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