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Kolkata Court December 1908 Judgments

Dec 02 1908

Burn and Co. Vs. Mcdonald

Court: Kolkata

Decided on: Dec-02-1908

Reported in: (1909)ILR36Cal354

Maclean, C.J.1. The plaintiffs in this case are a firm of Engineers in the neighbourhood, of Calcutta, and the defendant entered into a contract with them to act as a draughtsman and general assistant in their business at Howrah. That agreement was reduced into writing. It is dated the 27th of July 1904, and was made in England; the defendant was then in England, and he came out here, the plaintiffs paying the expenses of his passage out. 'By that agreement he covenanted that on his arrival at Calcutta he should' at once report himself at the said Engineering Works at Howrah aforesaid and enter upon his duties aforesaid and during the said period of this agreement he should diligently and to the best of his abililty devote himself to the duties incumbent on him as aforesaid and should faithfully observe and comply with such instructions as he might from time to time receive from the said Messrs. Burn & Co., Ld., or their authorised representative for the time being.' There are other pr...

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Dec 02 1908

Baijnath Dhanuk Vs. Emperor

Court: Kolkata

Decided on: Dec-02-1908

Reported in: (1909)ILR36Cal296

Holmwood and Ryves, JJ.1. This is an appeal by Baijnath Dhanuk and six other persons against the convictions and sentences passed by the Sessions Judge of Patna, who, agreeing with the unanimous verdict of the jury, sentenced Baijnath Dhanuk, Ghansyam Dhanuk and Ganouri Dhanuk to two years' rigorous imprisonment, and Mudhu Dhanuk, Dular Dhanuk, Teja Dhanuk and Bijai Dhanuk to one year's rigorous imprisonment each, under Section 147 of the Indian Penal Code. They were also bound down to keep the peace in Rs. 300 for one year.2. It appears on the allegation of the maliks that they had, at the time of partition, six or seven years ago, ousted the Dhanuks, who admittedly were the cultivating tenants of the lands in dispute, and the maliks in exercise of their alleged right were cutting some unripe musouri with the aid of their servants, who do not seem to have been armed with anything more formidable than short sticks. The labourers, who were cutting musouri, must have had some kind of cut...

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Dec 02 1908

Burn and Co. Ld. Vs. ColIn Mc Donald

Court: Kolkata

Decided on: Dec-02-1908

Reported in: 1Ind.Cas.829

Francis Maclean, C.J.1. The plaintiffs in this case are a firm of Engineers in the neighbourhood of Calcutta, and the defendant entered into a contract with them to act as a draughtsman and general assistant in their business at Howrah. That agreement was reduced into writing. It is dated the 27th of July, 1904, and was made in England; the defendant was then in England, and he came out here, the plaintiffs paying the expenses of his passage out. By that agreement he covenanted that on his arrival at Calcutta he should 'at once report himself at the said Engineering Works at Howrah aforesaid and enter upon his duties aforesaid and during the said period of this agreement he should, diligently and to the best of his ability, devote himself to the duties incumbent on him as aforesaid and should faithfully observe and comply with such instructions as he might from time to time receive from the said Messrs. Burn & Co., Ld., or their authorised representative for the time being.' There are ...

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Dec 02 1908

Baij Nath Dhanuk and ors. Vs. the Emperor

Court: Kolkata

Decided on: Dec-02-1908

Reported in: 1Ind.Cas.973

1. This is an appeal by Baijnath Dhanuk and six other persons against the convictions and sentences passed by the Sessions Judge of Patna, who, agreeing with the unanimous verdict of the jury, sentenced Baijnath Dhanuk, Ghansyam Dhanuk and Ganouri Dhanuk to two years' rigorous imprisonment, and Mudhu Dhanuk, Dular Dhanuk, Teja Dhanuk and Baijai Dhanuk to one year's rigorous imprisonment each under Section 147 of the Indian Penal Code. They were also bound down to keep the peace in Rs. 300 for one year.2. It appears on the allegation of the maliks that they had, at the time of partition, six or seven years ago, ousted the Dhanuks who admittedly were the cultivating tenants of the lands in dispute, and the maliks in exercise of their alleged right were cutting some unripe musouri with the aid of their servants who do not seem to have been armed with anything more formidable than short sticks. The labourers, who were cutting musouri, must have had some kind of cutting instruments for the ...

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Dec 01 1908

Chandramoni Saha Vs. Halijennessa Bibi and ors.

Court: Kolkata

Decided on: Dec-01-1908

Reported in: 4Ind.Cas.168

1. In this case it appears that one Abbas Ali owed the plaintiff certain money. He died without discharging the debt and after his death the plaintiff brought a suit against his heirs among whom was the defendant No. 4, and obtained a decree against them. In execution of that decree he put up the property now in dispute to sale, and purchased it himself. He obtained the sale certificate and formal possession but after obtaining formal possession he was again dispossessed. Thereupon he brought the present suit for recovery of possession.2. A good deal of the argument in this case has been directed to the pleadings in the suit, and it is a matter of regret that the appellant has not thought fit to have these translated and laid before us. So far as we can gather the plaintiff alleged that in execution of the decree against defendant No. 4 and others, he had purchased this land which was in their possession. We are told that defendant No. 4 did not traverse that allegation and did not all...

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