Kolkata Court August 1911 Judgments
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Dr. H.P. Sandyal Vs. Kunjeswar Misra
Court: Kolkata
Decided on: Aug-03-1911
Reported in: 13Ind.Cas.781
1. It clear that there have been great irregularities in the conduct of this case. The complaint was made on the 28th February, 1911, by one Dr. Sandyal against one Kunjeswar Misra for having fraudulently used a forged cheque in his name. The case was adjourned from time to time, for what, reason we know not, but the complainant was not examined until the 28th April 1911, and according to law after the examination of the complainant on oath, the Magistrate was bound to dismiss the complaint at once, or to elect to hold inquiry under Section 202, Criminal Procedure Code, before issuing process.2. It appears from the facts that he adjourned the case till the 26th May 1911, that he elected to do the latter and it was, therefore, his duty to impress upon the complainant that he was bound to produce his witnesses on the 26th May and he should then, if no witness were produced, have dismissed the complaint upon his disbelief of the complainant's statement. But he does nothing of the kind. He...
Jang Bahadur Lal Vs. Emperor
Court: Kolkata
Decided on: Aug-02-1911
Reported in: 13Ind.Cas.398
1. This is an appeal from the judgment and sentence of the learned Sessions Judge of Shahabad who, agreeing with both the assessors, found the accused Jang Bahadur Lal guilty of the offence of using as genuine a false document, to wit, two rent receipts, and sentenced him to three years' rigorous imprisonment under Section 471, read with Section 467, Indian Penal Code.2. We have had the evidence put before us and the judgment; of the learned Judge and we are of opinion that, apart from the questions of law which arise in the case, it would altogether be too dangerous to support this conviction on the evidence.3. The case starts with a serious initial error in respect of the charge and that error seems to have been carried into the learned Judge's reasonings with regard to the user. Two documents are said to have been used which the accused knew to be forged. Now it might very well be that the decision of the Court would be that one of these documents was genuine and the other forged. I...
Paul Vs. Robson
Court: Kolkata
Decided on: Aug-01-1911
Reported in: (1912)ILR39Cal59
Lawrence Jenkins, K.C.I.E., C.J.1. This appeal, arises out of a suit in which the plaintiffs allege interference with the access of light and air to the windows of premises known as No. 7, Esplanade East in the town of Calcutta, and claim relief by way of injunction and damages.2. This interference is said to have been occasioned by the erection of a five-storied building on the site of No. 8, Esplanade East, where there had previously stood, in the front part, a one-storied building, and, in the back part, a two-storied building. Nos. 7 and 8 Esplanade Road have a southern aspect and face the maidan, No. 8 being to the East of No. 7.3. The plaintiffs have successive life, interests in No. 7 under a marriage settlement, of which the fifth defendant, Mr. McNair, is one of the trustees, and he is made a defendant, because he declined to join as a plaintiff. The first four defendants are members of a well known firm of builders and architects, who carry on business under the name and styl...
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