Kolkata Court November 1911 Judgments
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Rati Jha Vs. Emperor
Court: Kolkata
Decided on: Nov-22-1911
Reported in: (1912)ILR39Cal463,14Ind.Cas.201
1. The appellant in this case was convicted of an offence under Section 471 of the Indian Penal Code and sentenced to five years' rigorous imprisonment. The document, on which the charge of using a forged document was founded, was a receipt for rent and the occasion on which the appellant used it was at a trial in which he was one of the defendants on a charge of rioting. The land in respect of which the riot took place was a piece of land of which he wished to take possession and, in the course of the hearing of the criminal case against him, the receipt for rent in question was produced by him and handed to his Muhktear who then handed it to a witness who was asked whether it was a receipt for rent granted by the landlord in favour of the present appellant, who was then one of the prisoners at the trial. The witness said it was not genuine; but, notwithstanding that, the document was initialled by the Magistrate who was trying the case and was filed as one of the documents produced o...
Syed Shah Hamid HussaIn Vs. Chairman of Patna Municipality
Court: Kolkata
Decided on: Nov-22-1911
Reported in: 15Ind.Cas.548
1. This is an appeal on behalf of the plaintiff in a suit for declaration that an assessment of rates made by the Municipality of Patna under the Bengal Municipal Act of 1884 is ultra vires. In the Court of first instance, the claim of the plaintiff was allowed; but that decision has been reversed on appeal by the District Judge. In the present appeal, the assessment has been questioned on four distinct grounds, namely, first, that, as the plaintiff is the owner of a revenue paying estate, he is not liable to be assessed under the Bengal Municipal Act; secondly, that the holdings in respect of which he has been assessed, have been arbitrarily created by the Municipal authorities in contravention of the provisions of the statute; thirdly, that as there are intermediate holders between the plaintiff and the actual occupiers of the land, the plaintiff is not liable to be assessed; and fourthly, that inasmuch as the occupiers of some of these holdings have been assessed in respect of house...
Sajjad HossaIn and ors. Vs. Ram Lal Shahu
Court: Kolkata
Decided on: Nov-21-1911
Reported in: 15Ind.Cas.159
1. The subject-matter of the litigation which has given rise to this appeal is one-fourth share of Mouza Ordewa. The plaintiffs-appellants base their title on a mortgage-deed executed by the owners on the 27th February 1S93. 'The defendant founds his title on a subsequent purchase at a sale held under the Public Demands Recovery Act. The case for the plaintiffs is that the mortgagee enforced his security and obtained a decree on the 16th December 1898, which was subsequently made absolute on the 30th June 1899; thereafter the decree was assigned in their favour on the 19th May 1901. The decree was executed in due course and the property purchased by the plaintiffs. The defendant resisted the claim substantially on the ground that the mortgage was fictitious and that, consequently, the plaintiffs had not acquired any valid title to the property.2. In the Court of first instance, the Subordinate Judge held that the mortgage, bond relied upon by the plaintiffs was a genuine transaction. H...
Shyama Charan Majumdar and ors. Vs. Emperor
Court: Kolkata
Decided on: Nov-21-1911
Reported in: 15Ind.Cas.1006
1. We are of opinion that this Rule must be made absolute on the first three grounds taken together which practically amount to this, that a small bail was entered upon the warrant and that the constable did not give the slightest intimation to the arrested person of the fact that bail had bean allowed. On the contrary, he appears to have said that it was no use rescuing the prisoner because the daroga was, coming presently. The warrant had been made over by the daroga for execution and it was the constable's bounden duty under the law to at once state that bail would be taken. Before actually making the arrest he should certainly have said, 'Can you give the required bail?' We, are of opinion that the arrest was illegal.2. Now comes the question whether the accused persons were justified by the law of private defence in committing a common assault upon the constable. The medical evidence clearly shows that nothing but simple hurt was caused. The conviction under Section 147 must clear...
Kherode Chandra Roy Chowdhury Vs. Emperor
Court: Kolkata
Decided on: Nov-17-1911
Reported in: (1912)ILR39Cal377
N.R. Chatterjea, J.1. The petitioner has been convicted by the deputy Magistrate of Cuttack under Section 292 of the Indian penal code for having printed for sale an obscene book called the Natu Chori, or the 'Theft of tops,' and sentenced to pay a fine of Rs. 50.2. The book, rather booklet, consists of seven small pages, and purports to be the composition of one Dina Sundari, said to be an Uriya poetess. It purposts to deal with an accident in the lives of Radha and Krishna taken from the Uriya Haribans a sacred book of the uriyas It passed through several editions in print, and is said to have been in palm-leaf manuscript for about a hundred years. It was registered 15 or 20 times previously without objection, and appeared in the Bengal library catalogue of books in the Calcutta Gazette as a mythological publication. It was printed in the star press, of which the petitioner is the proprietor.3. The plea of the accused was that the book is not obscene within the meaning of Section 292...
Khirode Chunder Roy Chowfhury Vs. Emperor
Court: Kolkata
Decided on: Nov-17-1911
Reported in: 13Ind.Cas.993
N. Chatterjea, J.1. The petitioner has been convicted by the Deputy Magistrate of Cat-tack under Section 292 of the Indian Penal Code for baying printed for sale an obscene book called 'Natu Churi' or the 'Theft of Tops' and sentenced to pay a find of Rs. 50.2. The book, or rather booklet, consists of 7 small pages and purports to be the composition of one Dina Sundari, said to be an Urya poetess. It purports to deal with an incident in the lives of Radha and Krishna taken from the Urya Haribans, a sacred book of the Uryas. It passed through several editions in print and is said to have been in palm leaf Mss. for about a hundred years. It was registered 15 or 20 times previously without objection and appeared in the Bengal Library Catalogue of books in the Calcutta Gazette as a mythological publication. It was printed in the Star Press of which the petitioner is the proprietor.3. The plea of the accused was that the book is not obscene within the meaning of Section 292 of the Indian Pe...
Ambar Ali Vs. Anjab Ali
Court: Kolkata
Decided on: Nov-13-1911
Reported in: (1912)ILR39Cal238
Stephen and N.R. Chatterjea, JJ.1. In this case an order for farther inquiry was made under Section 437 of the Criminal Procedure Code. A Rule has been granted on two grounds: in the first place, that the further inquiry was ordered against the petitioner No. 3 when no complaint had been made against him. There were two persons accused and the petitioner No. 3 was their master. On the question of the further inquiry coming on, the Additional District Magistrate saw fit to order that the petitioner No. 3 should be joined with the others. This he had no authority to do without proper complaint or other regular process being issued in respect of the petitioner No. 3. He has made a mistake in joining the petitioner No. 3 as though he were a party in a civil case without any of the proceedings prescribed by law. The Rule is, therefore, made absolute as regards the petitioner No. 3.2. The order has been made as against the petitioners Nos. 1 and 2 in their absence and without any notice to t...
Ambar Ali and ors. Vs. Anjab Ali
Court: Kolkata
Decided on: Nov-13-1911
Reported in: 14Ind.Cas.768
1. In this case an order for further inquiry was made under Section 437 of the Criminal Procedure Code. A Rule has been granted on two grounds: in the first place, that the further inquiry was ordered against the petitioner No. 3 when no complaint had been made against him. There were two persons accused and the petitioner No. 3 was their master. On the question of the further inquiry coming on, the Additional District Magistrate saw fit to order that the petitioner No. 3 should be joined with the others. This he had no authority to do without proper complaint or other regular process being issued in respect of the petitioner No. 3. He has made a mistake in joining the petitioner No 3 as though he were a party in a civil case without any of the proceedings prescribed by law. The Rule is, therefore, made absolute as regards the petitioner No. 3.2. The order has been made as against the petitioners Nos. 1 and 2 in their absence and without any notice to them. The Magistrate in his explan...
Tunoo Mia Vs. Emperor
Court: Kolkata
Decided on: Nov-09-1911
Reported in: (1911)ILR39Cal348,13Ind.Cas.925
Stephen and N.R. Chatterjea, JJ.1. The petitioner in this case is Tunoo Mia., who has been convicted under Section 193 of tire Indian Penal Code of giving false evidence. A Hale has been granted calling on the District Magistrate to show cause why the conviction of, and sentence on, the accused, should not be set aside and a re-trial of his case ordered, on the grounds that the evidence of thumb-impressions was admitted contrary to the provisions of Section 132 of the Evidence Act, and also that the lower Courts have not dealt with a great, deal of the evidence placed before them.2. On the first point the facts are that the petitioner brought a charge of defamation against one Mohim Chuuder Guha, and during 'his cross-examination swore that he was not convicted at Rangoon on a charge under Section 408 of the Indian Penal Code brought by Fazul Rahman Chowdhry, and was not sentenced to imprisonment and fine, and did not appeal. During the hearing of that ease, the trying Magistrate took,...
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