Kolkata Court April 1901 Judgments

Reily Vs. the King-emperor

Court: Kolkata

Reported in: (1901)ILR28Cal434

1. This proceeding arises out of the case of the King. Emperor against Sadak Ali and Ors. disposed of by us on the 17th instant. The petitioner, who was holding at the time the office of District Superintendent of Police at Noakhali, appears to have been cited as a witness for the defence in that case. He was, however, called by the Sessions Judge himself on the 16th of January and was examined for three consecutive days. On the 7th of February he was ordered to enter into recognizances for appearance in the Sessions Court on the 11th following, and on any subsequent date to which the case may be adjourned. On the 15th of February the Sessions Judge delivered his judgment in the case, and on that day he had the petitioner arrested and committed to jail on charges under Sections 193, 466 and 471 of the Indian Penal Code. The 25th was fixed for commencing the preliminary inquiry. No proceeding was drawn up on that date (the loth), the order now before us being recorded only on the follow...

Pasupati Nath Bose Vs. Nanda Lal Bose

Court: Kolkata

Reported in: (1901)ILR28Cal734

Maclean, C. J.1. This is an application to make also lute a Rule obtained by the judgment debtor, calling upon the opposite party to show cause why, upon the petitioner furnishing sufficient security to the satisfaction of the Lower Court, execution of the decree in this case should not be stayed, pending the disposal of the appeal to this Court. The pending appeal is from a certain order in certain execution proceedings under a decree in the suit, and the judgment debtor applies to have execution stayed pending the hearing of that appeal. The Rule is opposed by the opposite party upon the ground that there is no power in this Court under Section 545 of the Code of Civil Procedure, or otherwise, to stay execution in a case of this class. I am glad we are not constrained to take this view, which, I fear, might result in very grave inconvenience, if not injustice, to suitors in this country. Now what is the position? There is an appeal from an order in execution proceedings pending befor...

Sheobarat Singh and ors. Vs. Nawrangdeo NaraIn Singh

Court: Kolkata

Reported in: (1901)ILR28Cal364

1. 1901, April 24. This is an appeal against a decision of the District Judge of Gaya, dated the 17th of December 1898.2. The suit out of which the appeal arises is one brought under Section 140 of the Bengal Tenancy Act for compensation of wrongful distraint. The facts of the case are these: The defendant, the landlord of the plaintiffs, distrained the crops of the plaintiffs' holdings for (i) a sum of Rs. 994-6-6 as the value of the landlord's share of the crops, for the landlord asserts that the lands were held on the bhaoli system; (ii) for a sum of Rs. 248-9-6 as 'damages' at 25 per cent.; and (iii) for Rs. 31-1-3 on account of road cess and public works cess. In all, the sum of Rs. 1,275-7-3 was claimed by the landlord.3. The contentions of the plaintiffs are, that they did not hold these lands on the bhaoli system, but that they were liable to pay nugdi rents; that their crops were distrained for a much larger sum than was due from them; that the defendant had on right to distra...

Toolsi Das Kurmokar Vs. Madan Gopal Dey

Court: Kolkata

Reported in: (1901)ILR28Cal499

Harington, J.1. In this case the plaintiff claims certain immoveable property as heir to his maternal uncle, a man named Roop Chand Dass. Roop Chand Dass left a widow Attormoney Dossee. The defendant purchased the property, which is the subject of the present suit, from the administrators to the estate of the last-mentioned lady. 2. The defendant's case is that Roop Chand Dass bequeathed the property in question to his widow absolutely, and, therefore, the title derived from her administrators is a good one. 3. The plaintiff alleges that Roop Chand Dass' will was only effectual to give a life estate to his widow, and therefore, on the termination of that life estate, he became entitled to the property as heir-at-law. 4. The question depends, therefore, on the interpretation of Roop Chand Dass' will, for no question arises as to the right of the administrators to sell, assuming this was the property of Attormoney Dossee, because they had obtained the necessary leave of the Court as such...

Kalai Haldar Vs. Emperor

Court: Kolkata

Ameer Ali and Pratt, JJ.1. The two petitioners before us were required under Section 110 of the Code of Criminal Procedure to enter into securities for good behaviour for the term of one year, or in default to undergo imprisonment for the same period. The charge which they were called upon to meet under that section is stated in the judgment of the Deputy Magistrate, namely, that they are thieves and dacoits by habit, and that they are desperate and dangerous to the community.2. We have read through the judgments of the two Courts and examined the principal evidence upon which the District Magistrate as well as the Deputy Magistrate relied. The fact, which, according to the Deputy Magistrate, shows the dangerous character of these men is that which he mentions in his judgment, namely, that a search was made in Kalai's and Ghater's house in connection with a burglary in the house of a pleader of Khulna. No specific act is mentioned in either of the judgments to show that these men, to t...

Jagomohan Pal Vs. Ram Kumar Gope

Court: Kolkata

Reported in: (1901)ILR28Cal416

1. The Magistrate's order should no doubt have set out the grounds on which he was satisfied that a dispute likely to cause a breach of the peace existed. Further, it would have been better, if he had given the 2nd party an opportunity of adducing his evidence.2. But the proceedings are under Chapter XII of the Code and are, therefore, not proceedings with regard to which the Judge had any powers of revision or reference.--Section 435 (3).3. We have no power to interfere except under the powers of 'superintendence' conferred upon by Section 15 of 24 and 25 Vict., Clause 104.4. There is no provision in the law, which gives the Judge power to call for the record in such a case or to advise us, how we are to exercise our powers of superintendence. In the circumstances we are not disposed to interfere....

Abalu Das Vs. the King-emperor

Court: Kolkata

Reported in: (1901)ILR28Cal571

1. The three accused in this case, Abalu Das, Santiram Das, and Sakalu Das, have been tried by the Sessions Judge of Rungpur with the aid of assessors, convicted of murder under Section 302 of the Indian Penal Code, and sentenced to transportation for life.2. The facts of the case are as follows: The deceased Hur Singh and his mother Dulai lived in the bari of the accused Abalu but it was discovered that Hur Singh had contracted an intimacy with Lakya, the wife of the accused Abalu, and so Hur Singh and his mother were turned out and went and lived elsewhere. Then on the night of the 21st May last Hur Singh, at the invitation of Lakya, went to the bari of the accused and the woman took him inside, whereupon Abalu, Sakalu, his brother, and Santiram, his uncle, seized him, carried him off to some distance, broke both his arms and one of his legs, thrust a stick up his rectum, and left him in the open not very far from his bari, where he was found next morning. Information was then given ...