Kolkata Court June 1909 Judgments
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Jadunath Chowdhury Vs. Kailash Chandra Bhattacharya
Court: Kolkata
Decided on: Jun-01-1909
Reported in: 2Ind.Cas.414
1. The three plaintiffs in this case, who are respondents before us, have brought this suit for the establishment of their title to the lands in suit, and also for recovery of possession. By way of answer to this suit it was pleaded that it was barred by limitation, and that, as against plaintiffs Nos. 1 and 3, an answer was furnished by, an award made in a reference to which plaintiffs Nos. 1 and 3 and the defendants were parties. The plea of limitation did not succeed in either Court, nor has it been pressed on us in appeal. The plea on the award did not commend itself to either of the lower Courts or to the learned Judge before whom this case came in the first instance on second appeal. It appeared to the learned Judge, as also to the lower appellate Court, that it was a fatal objection to the validity of this award, that all the present plaintiffs were not parties to it, and an argument based on the supposed analogy of Section 506 of the Old Civil Procedure Code prevailed. We think...
Jogjiban Ghose and ors. Vs. Emperor
Court: Kolkata
Decided on: Jun-01-1909
Reported in: 2Ind.Cas.681
1. The three appellants were tried in the Court of the Additional Sessions Judge of Midnapore on charges framed under the Explosive Substances Act, 1908, and they have each been found guilty by the learned Judge who disagreed with both assessors.2. Jogjiban Ghose was convicted under Section 4 (a), of the Act and has been sentenced to ten years' transportation.3. Santosh Chunder Das was convicted under Sections 4(a), 4(b) and 5 of the Act and he has been sentenced to ten years' transportation under Section 4(a) and seven years' transportation under Section 5, these sentences to run concurrently.4. Suredra Nath Mukerji has been convicted under Sections 4, 5 and 6 of the Act and has been sentenced to seven years' transportation. Separate appeals have been preferred and each appellant has been separately represented in this Court.5. The case for the prosecution, as formulated in the first information dated the 7th September 1908, is that there was ' a conspiracy by a secret society working...
Rakhal Chandra Laha Vs. Emperor
Court: Kolkata
Decided on: Jun-01-1909
Reported in: (1909)ILR36Cal808,2Ind.Cas.697
1. The appellant, Rakhal Chandra Laha, has been convicted, under Section 193 of the Indian Penal Code, of perjury in a judicial proceeding, and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3,000. In default of payment of the fine, he has been sentenced to undergo rigorous imprisonment for an additional term of one year and nine months.2. The case for the prosecution may be briefly stated : Rakhal Chandra was employed as a spy by the Police at Midnapore from May to September 1903, in order to gather informations about a conspiracy believed to exist for the murder of officials by the use of explosives and otherwise. It is stated that he generally brought reports from day to day which were taken down by the Head constable Asadullah. The entries were subsequently read over to the Deputy Superintendent of Police, Moulvi Mazharul Huq, and then signed by the informer. It is alleged that on some occasions the reports were written out by the informer himsel...
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