Kolkata Court December 1908 Judgments
Golab Chand Vs. Moharani Janki Koer
Court: Kolkata
Decided on: Dec-17-1908
Reported in: 1Ind.Cas.967
1. We have no doubt on the facts proved in the case that the plaintiff as the present proprietress of the Bettia Raj is entitled to a declaration of her right as the Permanent Settlement-holder under Government of the saltpetre mahal of Sarkar Champaran, which includes the village Manpura owned by the defendant-appellant. The settlement papers of 1791 and 1793 conclusively prove that the nimaksayar mahal of Sarkar Champaran along with the villages Sangrampore and others was settled with the Mukerjees and that the revenue for the nimaksayar mahal was separately assessed at Rs. 2,293. and odd. The revenue was regularly paid to the Government in later years. The mahal passed to the Bettia Raj by purchase in 1804, and the predecessors of the plaintiff were in possession and paid regularly the Government dues according to the assessment made by the Government.2. It is also clear from the documents and the findings of fact arrived at by the lower appellate Court that the right to the ni-maks...
Tag this Judgment!Keshab Nath Bhattacharya and anr. Vs. Manir-ud-dIn Sarkar and anr.
Court: Kolkata
Decided on: Dec-16-1908
Reported in: 4Ind.Cas.523
1. It appears that a dacoity was committed in the house of the plaintiffs in this case on the 27th December 1903. An enquiry was made and in the end the defendants, Manir-ud-din and Reaj-ud-din, were arrested and sent up for trial. Both of them made confessions. Reaj-ud-din, we understand, was discharged in the commitment Court, and Manir-ud-din was tendered a pardon and gave evidence in the Sessions Court. The persons who were accused in that case were acquitted. Thereafter the plaintiffs brought this suit for damages against these two defendants, alleging that they had collected the dacoits, advanced money to them, instigated them to plunder the plaintiffs' house and helped them with weapons. Five issues were fixed for trial in the case. The learned Subordinate Judge has disposed of the case on the 4th issue only leaving the remaining issues undecided. The 4th issue runs as follows: 'Did the defendants in collusion with each other cause the alleged dacoity to be committed in the hous...
Tag this Judgment!Krishna Govinda Jawadar and ors. Vs. Banka Behari Shaha and ors.
Court: Kolkata
Decided on: Dec-16-1908
Reported in: 4Ind.Cas.526
1. This is an appeal in an action in ejectment. As regards some of the facts, there can be no doubt. The only matter which is in dispute between the parties is as regards possession from 1882 up to the admitted date of dispossession in 1894. The land, a half of which is in dispute between the parties, is the dried bed of a river called How lie which adjoins the asli mehal called Dihi Nagorebaker and others. The chur itself was called chur Ramnagore. It was along with the asli, mehal at one time the property of Gopal Chunder Ghose, Jadu Nath and Keshab. Gopal Chunder had an eight-anna share and Jadu Nath and Keshab had the other eight annas. When the chur appeared on account of the recession of the river, it was taken possession of by Government. It is alleged that the Government took possession in or about the year 1879. The Government claimed it as the bed of a river and not reformation in site of, or accretion to, the village held by Gopal and his co-sharers. The Government made two ...
Tag this Judgment!Bhuyian Sarat Kumar Das Mahapatra Vs. Akshoy NaraIn Das and ors.
Court: Kolkata
Decided on: Dec-16-1908
Reported in: 9Ind.Cas.961
1. This appeal arises out of a suit instituted by a person, styling himself Bhuyian Sarat Kumar Das Mahapatra and directed against the defendant No. 1 Bhuyian Chowdhury Kanongoe Vilayati Akshoy Narayan Das Baliar Singh Mahapatra and other defendants including the defendant No. 5 father of the plaintiff, and defendant No. 3 Bhuyian Chowdhury Kanongoe Vilayati Guru Prosad Das Baliar Singha Mahapatra his father's brother. The plaintiff sought to recover a one-fifteenth share of a certain property in Perganah Orissa Balisai.2. The members of the family are mentioned in the genealogical tables filed by the parties. For the purposes of this appeal, it will be sufficient to refer to the genealogical table given in the judgment of the Subordinate Judge. It will be observed that Kapali and Ankuri were sons of Biswanath. The parties to this litigation are descended from Kapali Das through many generations. One of the intermediate members of the family was Jagannath, whose brother was Raghunath. ...
Tag this Judgment!DIn Tarini Debi Vs. Krishna Gopal Bagchi
Court: Kolkata
Decided on: Dec-14-1908
Reported in: (1909)ILR36Cal149
Sharfuddin and Coxe, JJ.1. This is an appeal against the order of the District Judge of Pabna, dated the 6th of September 1906, granting Letters of Administration with the will annexed to one Krishna Gopal Bagchi. The facts of the case are that one Ram Chandra Sarma Talapatra had four daughters and one son. The youngest daughter was named Srimati Trailokhatarini Devi. She was unmarried when a certain document, which is Exhibit I in this case, was executed by the deceased Ram Chandra Sarma Talapattra. His other three daughters had already been married at the time, and were living with their respective husbands. Ex. No. 1, which is propounded by the petitioner as the will of the deceased Ram Chandra, was executed in 1296 when the deceased was about 60 years of age. Exhibit I is styled in the document itself a sambandha-nirnaya patra and is in the form of a letter addressed to Ratanmoni Debi, an aunt of Krishna Gopal Deb Sarma Bagchi. The expression sambandha-nirnaya patra means a matrimo...
Tag this Judgment!Girija Sundar Chuckerbutty Vs. Emperor
Court: Kolkata
Decided on: Dec-14-1908
Reported in: (1909)ILR36Cal405
Holmwood, J.1. This is an appeal in what is known as the 'Bande Mataram' press confiscation case. We admitted the appeal without hearing the application for admission, as the case is the first under the new statute, and it was desirable that the scope and effect of the Act and its bearing on the facts of the present case should receive judicial consideration after full discussion by both parties at the Bar. We have now had the advantage of a very able and temperate argument from the learned Vakil for the appellant, Babu Dasarathi Sanyal, and a vigorous and well reasoned reply by the learned Advocate-General.2. We do not propose to go into all the cases cited before us on the subject of abetment by incitement, since those cases are concerned with the criminal liability and intention of persons under various statutes enacted to punish individuals for words and conduct therein declared unlawful. In the case of those individuals the intention and knowledge of the accused person is necessar...
Tag this Judgment!Government of Bengal Vs. Gannoo Mahto
Court: Kolkata
Decided on: Dec-14-1908
Reported in: 4Ind.Cas.124
1. This is an appeal on behalf of Government in a case in which the Deputy Magistrate of Bhagalpur acquitted the accused under Section 258, Criminal Procedure Code, on a charge of intentionally giving false evidence before the Munsiff of Bhagalpur under Section 193, Indian Penal Code. It appeared that the accused was twice examined in cases before the Munsif and that in the last case he denied that he had deposed in the suit against Jhontikanj and others two years before. He further said that he did not know if there was a case against Jhonti or against Hansa Sonar and he did not depose against plaintiff in any such case. It is admitted that this statement is false and that the grounds on which the learned Deputy Magistrate has thrown out the case are with one exception untenable. The Deputy Magistrate has misapplied Section 145 of the Evidence Act which has no bearing whatever on this case and thereby rendered the proceedings futile by excluding the previous deposition. He has further...
Tag this Judgment!DIn Tarini Debi Vs. Krishna Gopal Bagchi and ors.
Court: Kolkata
Decided on: Dec-14-1908
Reported in: 1Ind.Cas.791
1. This is an appeal against the order of the District Judge of Pabna, dated the 6th of September 1906, granting Letters of Administration with the Will annexed to one Krishna Gopal Bagchi. The facts of the case are that one Ram Chandra Sarma Talapatra had four daughters and one son. The youngest daughter Was named Srimati Trailokhatarini Devi. She was unmarried when a certain document, which is Exhibit I in this case, was executed by the deceased Ram Chandra Sarma Talapatra. His other three daughters had already been married at the time, and were living with their respective husbands. Exhibit No. 1, which is propounded by the petitioner as the Will of the deceased Ram Chandra, was executed in 1296 when the deceased was about 60 years of age. Exhibit I is styled in the document itself a sambandha-nirnaya patra and is in the form of a letter addressed to Ratanmoni Debi, an aunt of Krishna Gopal Deb Sarma Bagchi. The expression sambandha-nirnaya patra means a matrimonial arrangement deed...
Tag this Judgment!Girija Sundar Chakravarti Vs. Emperor
Court: Kolkata
Decided on: Dec-14-1908
Reported in: 2Ind.Cas.285
Holmwood, J.1. This is an appeal in what is known as the 'Banda Mataram' press confiscation case. We admitted the appeal without hearing the application for admission, as the case is the first under the new statute, and it was desirable that the scope and effect of the Act and its bearing on the facts of the present case should receive judicial consideration after full discussion by both parties at the Bar. We have now had the advantage of a very able and temperate argument from the learned vakil for the appellant, Babu Dasarathi Sanyal, and a vigorous and well reasoned reply by the learned Advocate-General.2. We do not propose to go into all the cases cited before us on the subject of abetment by incitement, since those cases are concerned with the criminal liability and intention of persons under various statutes enacted to punish individuals for words and conduct therein declared unlawful. In the case of those individuals the intention and knowledge of the accused person is necessar...
Tag this Judgment!Emperor Vs. Abdul Rahaman
Court: Kolkata
Decided on: Dec-14-1908
Reported in: 2Ind.Cas.593
1. Abdul Rahaman was tried by the Sessions Judge of Patna and a jury on a charge under Section 307 of the Indian Penal Code on the 22nd of September last, the Jury returned a unanimous verdict of not guilty. The learned Sessions Judge, however, disagreeing with the jury who, he thinks, were led away by the forcibly expressed arguments of counsel for the accused, has referred the case to us, under the provisions of Section 307 of the Criminal Procedure Code.2. Before us it has been argued by the learned Counsel on behalf of the accused that this is not a case which should have been referred to us under that section, because the learned Judge himself in his charge to the jury, drew their attention, in particular to. one peculiar circumstance in the evidence for the prosecution and told them, that, having regard to that circumstance, they should certainly pause and consider it carefully before returning their verdict, and it was, therefore, fairly open to the jury, having regard to this w...
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