Kolkata Court February 1913 Judgments
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Emperor Vs. Har Prasad Das
Court: Kolkata
Decided on: Feb-04-1913
Reported in: (1913)ILR40Cal477
Holmwood, J.1. The question has arisen on a rule issued by us to show cause why an order made under Section 476, Criminal Procedure Code, by the Assistant Settlement Officer in the Shahabad district should not be set aside, whether the Criminal Bench has jurisdiction to interfere with the orders of Civil and Revenue Courts made under that section. The rulings are very conflicting on the point and it seems necessary to have the matter settled by a Full Bench. The difficulty has been got over on more than one occasion by the appointment of a Special Bench by the Chief Justice to hear such applications, but it is obvious that this causes unnecessary delay and embarrassment to applicants, and there seems to be no reason why the matter should not be settled once for all.2. Our own view of the matter in a recent case was that there was no question as regards the jurisdiction of the High Court in sanctions under Section 195. There it is expressly laid down that any sanction given or refused u...
C.E. Grey Vs. Walker, Goward and Co.
Court: Kolkata
Decided on: Feb-03-1913
Reported in: 18Ind.Cas.756
Fletcher, J.1. This is a suit brought by the Official Assignee as assignee of the property of Golab Chand Lakhim, an insolvent, against Messrs. Walker, Goward and Company to recover Rs. 13,074-2-2 for damages in respect of breaches of four contracts. The subject-matter of the contracts was the sale of certain Java sugar which was sold forward by Messrs. Walker, Goward & Co., to the insolvent under certain contract forms, numbers and particulars of which are specified in the second paragraph of the plaint. The contracts related to various quantities of sugar, two lots being for 150 tons and two lots of 371/2 tons. The deliveries of the various shipments under the contracts were all of the same period, July, August and September 1911. On the 11th June 1911, Gulab Chand Lakhim, the buyer, was adjudicated an insolvent and, therefore, under Section 52 of the Presidency Towns Insolvency Act, the property of the insolvent vested in Mr. Grey, Official Assignee, as representing the estate of th...
Nilmadhab Mitra and ors. Vs. Jotindra Nath Mitra
Court: Kolkata
Decided on: Feb-03-1913
Reported in: 18Ind.Cas.764
Imam, J.1. One Khetra Mohan Mitter was murdered in 1888 by his son, Nilmadhab Mitter, the first plaintiff, who after serving his period of transportation had returned to this country and claims, with the other plaintiffs, maintenance from his son the defendant, Jotindra Nath Mitter. At the time of Khetra Mohan Mitter's death, his survivors were his widow, Sreematy Nobin Kishori Dasi, two sons Nilmadhab Mitter and Raj Kristo Mitter, and a grandson, the defendant Jotindra Nath Mitter by Nilmadhab Mitter. Nilmadhab was tried for the murder of his father and sentenced to transportation for life. In 1889, Sreematy Niroda Moni Dassee, the second plaintiff, as mother and next friend of Jotindra Nath Mitter. who was then an infant, instituted a suit for partition of the estate of the deceased Khetra Mohan Mitter wherein Jotindra Nath and his father's brother Raj Kristo Mitter were declared jointly entitled to the estate in equal shares, but partition of the estate was effected in three equal s...
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