Kolkata Court December 1913 Judgments
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Freeman Vs. P. and O.S.N. Co., Ltd.
Court: Kolkata
Decided on: Dec-11-1913
Reported in: 25Ind.Cas.885
Chitty, J.1. This is a suit brought by the plaintiff against the P. & O.S.N. Co. to recover a sum of Rs. 2,242 as damages for the loss to him of articles of wearing apparel contained in a case delivered to one Nigel W. Freeman. The claim for Rs. 142, part of the above sum, on account of the plaintiff's expenses between Nagpur and Calcutta and his evidence here is clearly unsustainable. The plaintiff values the entire contents of the case at Rs. 3,000, and those articles of clothing which were returned to him by Nigel W. Freeman at Rs. 900. The balance claimed is thus Rs. 2,100. The facts of the case are not in dispute. In January 1911 the plaintiff, Noel William Freeman, who is a Barrister-at-Law, intended to come out to Nagpur in the Central Provinces. He was then coming to India for the first time and proposed to travel by America and Japan, arriving at Calcutta from the East about the end of April. He purchased an outfit, packed and locked the box now in question and left England in...
In Re: Jogesh Chandra Gupta and ors.
Court: Kolkata
Decided on: Dec-05-1913
Reported in: 33Ind.Cas.831
Carnduff, J.1. These are three references made to this Court under Section 14 of the Legal Practitioners Act, 1879.2. The first relates to one Jogesh Chandra Gupta, who is a Pleader practising at Jamalpur, and the charge of professional misconduct against him is that he filed a petition for the revival of a rent suit which had been dismissed, without having any authority to do so.3. His reply to the charge is that he had been instructed to appear by a clerk of the mukhtar of the plaintiff in the case, and that he acted on the belief, induced by the representation of that person, that the vukalatnama filed in the original suit contained his name, although as a matter of fact it did not.4. A regards the first part of this reply, it seems to me that far from being any excuse, it indicates a disregard of Section 13, Clause (a), of the Legal Practitioners Act, which provided that no practitioner shall take instructions in any case except from the party on whose behalf he is retained, or som...
Emperor Vs. Madan Mandal and ors.
Court: Kolkata
Decided on: Dec-03-1913
Reported in: (1914)ILR41Cal662
Holmwood and Sharfuddin, JJ.1. This is a reference from the learned additional Sessions Judge of the 24-Perganas and an application for admission of appeal by one Kala Chand Mandal in a case in which the Jury have unanimously found the accused Kala Chand guilty of an offence under Section 304 first part of the Indian Penal Code and the Judge has Sentenced him to transportation for life, and in the case of the other four accused persons has referred the verdict of the Jury convicting them under Section 326 of the Indian Penal Code to us on the substantial ground that the verdict is illegal inasmuch as the accused were charged under Section 304 read with 149 and Section 326 read with 149 and the Jury unanimously acquitted them under Section 148 and the Judge agrees with that unanimous finding of the Jury.2. In his letter of reference the Judge says that the finding of the Jury was, he supposed, based on his direction that if the common object of the assembly was only to eject trespassers...
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