Kolkata Court January 1901 Judgments
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E.J. Rooke Vs. Bengal Coal Company, Ld.
Court: Kolkata
Decided on: Jan-04-1901
Reported in: (1901)ILR28Cal485
1. The only question which arises in this appeal is, whether the Revenue Court had jurisdiction to entertain the suit that was brought for recovery of rent under Act X of 1859.2. The lease, with which we are concerned, was a lease for mining purposes and for purposes of building, making roads and so forth, the land not being demised for agricultural or horticultural purposes. Section 23, Clause 4, Act X of 1859, speaks of ' suits for arrears of rent due on account of land either kheraji or lakheraj, or on account of any rights of pasturage, forest rights, fisheries or the like.' The word ' land,' as used in this seotion, has been construed in various decisions of this Court see, amongst others, the case of Raniganj Coal Association v. Judoo Nath Ghose (1892) I.L.R. 19 Cal. 489 to refer to any land granted for agricultural or horticultural purposes, and not to land granted for purposes such as are mentioned in the lease upon which the suit is founded. In this view of the matter it is ob...
YasIn and ors. Vs. King-emperor
Court: Kolkata
Decided on: Jan-04-1901
Reported in: (1901)ILR28Cal689
1. In this case the tour appellants Nazim, Arabdi, Yasin ana Taimiz have been convicted by the Sessions Judge of Sylhet. He has found all the men guilty under Sections 457 and 411 and has sentenced Nazim, in consideration of his previous convictions, to 10 years rigorous imprisonment, and the others to three years, under the same section, and has passed no sentence under Section 411 of the Indian Penal Code. One of the Assessors found the case not established against the two appellants, Yasin and Tamiz.2. The judgment of the learned Sessions Judge proceeds largely upon 'confessions' since retracted, which he has used not only against the makers, but also against the other accused in the case.3. It is obvious that a retraced confession should carry practically no weight as against a person other than the maker; it is not made on oath, it is not tested by cross-examination, and its truth is denied by the maker himself, who has thus lied on one or other of the occasions. The very fullest ...
Barlow Vs. Chunni Lall Neoghi and anr.
Court: Kolkata
Decided on: Jan-03-1901
Reported in: (1901)ILR28Cal209
Stanley, J.1. Account sales were furnished to one partner and no objection was ever made to them. As has been pointed out by Counsel account sales are prima facie evidence of the amount realised in the foreign market by the sale of the goods. If it were not so, it would be impossible to carry on mercantile transactions with merchants in distant parts....
Udoy Kumari GhatwalIn Vs. Hari Ram Shaha and ors.
Court: Kolkata
Decided on: Jan-02-1901
Reported in: (1901)ILR28Cal483
1. This is an appeal against an order of the Deputy Commissioner of the Santhal Pergunnahs, affirming an order of the Subordinate Judge of Deoghur, allowing an attachment of the rents and profits due to a certain Ghatwal, the judgment-debtor, on account of his Ghatwali estate.2. The decree-holders, who are the respondents before us, obtained a decree for money against the Ghatwal, and in execution of that decree they prayed that the rents and profits that may be due to the Ghatwal minus the wages payable to chowkidars and other outgoings should be attached and placed in the hands of a Receiver. It does not, however, appear that the Subordinate Judge made any order for the appointment of a Receiver; and it seems to us that, if a Receiver had been appointed, the objection (which we shall presently mention) that has now been raised before us could not have been raised. But the order that that officer made was simply to this effect: Let a prohibitory order issue to the Ghatwal not to recei...
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