Court : Kolkata
Reported in : (1914)ILR41Cal601
Woodroffe and Mookerjee, JJ.1. The accused Kangal Mali, a boatman, is charged with the murder, on the evening of the 13th December 1904, of one Mahabir who had left a place named Kalachera on the day previous by boat for Sealtek Bazar on the Barak river. The majority of the jury have returned a verdict of not guilty. One juryman, however, and the Sessions Judge are of opinion that the accused is guilty of the offence with which he has been charged.2. The Sessions Judge has, therefore, referred the case to this Court.3. The facts as to which there is practically no doubt are these. The deceased Mahabir, a trader at Kalachera, had in his employ a boatman, named Labhan. The latter fell ill and sent as his substitute his brother, the accused, who is a young man of about 25 years of age. The deceased was both an older man and, according to the evidence given by his brother-in-law, a strong stout man, a man of greater strength than the accused. Mahabir intended to go to Sealtek Bazar to buy ...
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal466
Jenkins, C.J.1. This is an application to the High Court under Section 17 of the Indian Press Act, 1910, to set aside what is described as an order of forfeiture under Section 12 of that Act.2. The order of which complaint is made was published in the Calcutta Gazette Extraordinary, July 22nd, 1913, and runs as follows:Notifications.No. 2296 P.-D--The 18th July 1913--Whereas it appears to the Governor in Council that a pamphlet entitled 'Come over into Macedonia and help us' contains words of the nature described in Section 4, Sub-section (2) of the Indian Press Act, 1910 (I of 1910), inasmuch as they are likely to bring into hatred or contempt certain classes of His Majesty's subjects in British India.Now, therefore, in exercise of the power conferred by Section 12, Sub-section (1) of the said Act, the Governor in Council hereby declares all copies of the said pamphlet where ever found to be forfeited to His Majesty.3. This is not the first pronouncement on this pamphlet, for by a sim...
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal518
Chaudhuri, J.1. Section 45 of the Specific Relief Act provides an exceptional remedy. It is in substitution of the Prerogative Writ of Mandamus, which our Court on its original side had jurisdiction to issue. Five conditions are laid down in the section, provisos (a) to (c), which the applicant invoking this jurisdiction has to satisfy. The conditions are cumulative. All of them have to be fulfilled. The remedy is of a summary nature and coercive in character. Being discretionary it must be exercised with caution, and the duty sought to be enforced must be clear and obligatory. The first condition is that the applicant has to show a threatened injury to his personal right, that such right does exist and a clear injury must also be shown. He must also show that he has no other specific and adequate legal remedy, and that the remedy applied for will be complete.2. By Section 3 of Act VIII of 1904, power has been given to the University to appoint Professors and Lecturers. By Section 4, t...
Tag this Judgment!Court : Kolkata
Reported in : (1914)ILR41Cal537
Mookerjee and Beachcroft, JJ.1. The petitioner, Kali Charan Mukherjee, was charged before the Chief Presidency Magistrate of Calcutta with the commission of offences under Sections 46 and 52 of the Bengal Excise Act, 1909. He was convicted under both these sections, and sentenced to rigorous imprisonment for three months under Section 46.2. The facts which have been indisputably established by the evidence may be briefly stated. On the 14th January 1913, the petitioner made over a bill of lading and invoice to a firm of shipping agents in this city known as Cox & Co. The invoice, on the face of it, referred to goods described as six bales of old wearing apparel shipped by C. Porter & Co. of London to Rasu Prasad at Darjeeling in India; the goods were described as nine hundred jackets worth 33 5s. The bill of lading, on the face of it, described the goods as six packages of old wearing apparel marked 'R.P. at Darjeeling via Calcutta.'' On the back of the bill of lading were endorsements...
Tag this Judgment!Court : Kolkata
Reported in : AIR1914Cal649,(1914)ILR41Cal545
Mookerjee and Beachcroft, JJ.1. The appellant, C.H. Booth, was charged with the commission of an offence under Section 46 of the Bengal Excise Act, 1909, inasmuch as he had imported 491 ounces of cocaine without a license or pass. He was tried by the Second Presidency Magistrate of Calcutta, convicted and Sentenced to rigorous imprisonment for three months and payment of a fine of one thousand rupees.2. The circumstances under which the appellant was convicted may be briefly stated in so far as they are disclosed by the evidence.3. On the 23rd January, 1913, the Customs authorities discovered a large quantity of cocaine concealed in several bales of old clothes which had been exported from England by C. Porter & Co., by S.S. Borneo for delivery to the addressee, one Rasu Prasad The invoice and bill of lading for the consignment had been made over by one Kali Charan Mukherjee to Cox & Co., in order that the goods might be cleared and passed through the Custom House. Kali Charan Mukherje...
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