Kolkata Court February 1914 Judgments
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Balthasar Vs. Emperor
Court: Kolkata
Decided on: Feb-04-1914
Reported in: AIR1915Cal266,(1914)ILR41Cal844
Holmwood and Sharfuddin, JJ.1. This is an appeal from the judgment and sentence of the learned. Presidency Magistrate, Fifth Court, convicting the appellant C. Balthasar, of an offence under Section 409 of the Indian Penal Code and sentencing him to pay a fine of 500 Rupees, or in default to be rigorously imprisoned for four months on the first count of the charge, no separate sentence being passed on the other two counts of the charge.2. The first objection raised to this conviction is that the charge is defective and misleading, and that no conviction can be held upon that charge for the alleged misappropriation of the sale-proceeds of the furniture. The second objection is that there is no finding of when and how the appellant criminally misappropriated the sale-proceeds and nothing to show dishonest intention.3. The charge is a curious one and runs as follows: 'That you on or about the 24th November 1912, in Calcutta, being a public auctioneer, committed criminal breach of trust in...
Mandal and Co. Vs. Fazul Ellahie
Court: Kolkata
Decided on: Feb-03-1914
Reported in: AIR1915Cal126,(1914)ILR41Cal825
Woodroffe, J.1. Under Order II, Rule 2, that which is required to be included in the suit is the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; that is one and the same cause of action. The rule is framed to avoid the splitting of claims and remedies and does not apply where there are several causes of action. The object of the rule is to protect the defendant from being twice vexed for one and the same cause. But the parties themselves by the form of their convention determine whether the rule is applicable to them. The rule may operate to defeat a plaintiff with whom as in the present case, the merits have been held to rest. I agree therefore with what Garth, C.J., said that care must be taken to give the section no wider construction than it would reasonably bear: Pramada Dasi v. Lakhi Narain Mitter (1885) I.L.R. 12 Calc. 60, 63. The words of the section are easier to understand than some of the cases decided under it. We need not, howe...
Prokash Chandra Kundu Vs. Emperor
Court: Kolkata
Decided on: Feb-03-1914
Reported in: (1914)ILR41Cal836
Holmwood and Sharfuddin, JJ.1. This was a Rule calling on the District Magistrate of Hooghly to show cause why the conviction and sentence passed on the petitioners should not be set aside or otherwise modified as to this Court may seem good on the grounds, first, that there having been no search in accordance with the provisions of the law, and the excise officers not having observed any of the formalities required by law, the resistance offered to them was not unlawful, and the conviction under Section 147 is bad in law; and, secondly, that the excise officers were not acting in the exercise of their duty, and the conviction under Section 353 of the Indian Penal Code is, therefore, bad in law.2. We have had the provisions of both the Excise Acts, of 1878 and the present Act V of 1909 (B.C.) laid before us, and we find that the provisions of the new Act are substantially the same as that of the old, but are stated with much greater clearness and in much greater detail. We may remark t...
Saroja Sundari Basak Vs. Abhoy Charan Basak
Court: Kolkata
Decided on: Feb-02-1914
Reported in: (1914)ILR41Cal819
Imam and Chapman, JJ.1. This is an appeal against an order for revocation passed by the District Judge of Chittagong on an application, under Section 50 of the Probate and Administration Act, in respect of a probate granted to Abhoy Charan Basak, the appellant, in terms of a will said to have been executed by his deceased cousin Raj Kumar Basak. The alleged testator died on the 6th or 7th March 1908, and Probate of the will was granted on the 20th February 1909. In the application for probate the appellant Abhoy Charan Basak cited Jamini Sundari and Saroja Sundari Basak, the widow and daughter respectively of the deceased, as his only heirs. Jamini Sundari died before the application, out of which this appeal has arisen, was made. On the 20th December 1910, Saroja Sundari Basak, the respondent, by her application of that date sought before the District Judge revocation of the probate under Section 50 alleging that the will was forged and that no citation had been served on her. This ap...
Chandra Narayan Singh Vs. Asutosh De
Court: Kolkata
Decided on: Feb-02-1914
Reported in: AIR1914Cal442,(1914)ILR41Cal812
Mookrejee and Beachcroft, JJ.1. We are invited in this Rule to determine the principle on which court fees are to be levied on the plaint in the suit instituted by the petitioner for recovery of possession of a Ghatwali estate known as Rohini. The plaintiff contends that the case falls within Section 7, Clause v. Sub-clause (a), while the defendant argues that the case is governed by Section 7, Clause v. sub-clause (c) of the Court Fees Act, 1870. The Subordinate Judge has accepted the contention of the defendant as well-founded and has called upon the plaintiff to pay court-fees accordingly. As the question raised is of considerable importance and affects the Government ultimately, we have heard the learned Government pleader in addition to the learned vakils for the parties themselves. To determine the' provision within which the case before us falls, it is necessary to examine carefully the terms of the sub-clauses of Clause v. of Section 7 of the Court Fees Act.2. Clause v. of Sect...
Narayan Prosad Mondal Vs. Jotindra Nath Bhattacharjee
Court: Kolkata
Decided on: Feb-02-1914
Reported in: AIR1914Cal872,25Ind.Cas.79
1. This is a Rule obtained by the plaintiff in a mortgage suit, calling on the other side, who is the defendant No. 2, to show cause why the order of the Subordinate Judge, first Court, Midnapur, dated the 29th November 1913, and the order of the District Judge of that place, dated the 2nd December 1913, should not be set aside.2. The present plaintiff brought originally a suit upon a certain instrument of mortgage and in that suit he made the mortgagor and the present defendant No. 2 and certain other encumbrancers parties. Subsequently the defendant No. 2 applied to the Subordinate Judge to set aside the decree in the mortgage suit so far as regards him, on the ground that that decree had been passed ex parte. The plaintiff thereupon applied to the District Judge; and the learned District Judge issued a rule on the defendant No. 2 to show cause why the proceedings should not be transferred from the file of the Subordinate Judge before whom the matter was then pending to the file of s...
Abhoya Charan Basak Vs. Srimati Saroja Sundari Basak
Court: Kolkata
Decided on: Feb-02-1914
Reported in: AIR1915Cal85,24Ind.Cas.27
1. This is an appeal against an order for revocation passed by the District Judge of Chittagong on an application under Section 50 of the Probate and Administration Act in respect of a Probate granted to Abhoy Charan Basak, the appellant, in terms of a Will said to have been executed by his deceased cousin, Raj Kumar Basak. The alleged testator died on the 6th or 7th March 1908 and Probate of the Will was granted on the 20th February 1909. In the application for Probate the appellant Abhoy Charan Basak cited Jamuni Sundari and Saroja Sundari Basak, the widow and daughter, respectively, of the deceased as his only heirs. Jamuni Sundari died before the application out of which this appeal has arisen, was made. On the 20th December 1910 Saroja Sundari Basak, the respondent, by her application of that date sought before the District Judge revocation of the Probate under Section 50, alleging that the Will was forged and that no citation had been served on her. This application was resisted ...
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