Kolkata Court November 1917 Judgments

Ajitulla Sarkar Vs. Nandoor Mahammad and ors

Court: Kolkata

Reported in: 43Ind.Cas.464

Charles Chitty, J.1. This is an appeal arising out of certain execution proceedings, and the question is between the decree-holder on the one side and the sureties Bharat Chandra Datta and Nandoor Mahammad on the other. The judgment-debtor has no further interest in the proceedings. Some standing crops were attached as the property of the judgment-debtor To those crops a claim was put in by certain persons and for them the present respondents stood sureties. The surety bond provided that the present respondents would, if the claim to the crops were not allowed, pay a sum of Rs. 50 to the decree-holder and that, if they did not pay amicably, the decree-holder was to be entitled to realize the amount by attachment and sale of their moveable and immoveable properties. On this bond being passed the claimants were allowed to cut the crops, When the claimant's case came on, the claim was dismissed and the execution case against the judgment-debtor was also struck out. In execution against th...

Emperor Vs. Sagar Singh and anr.

Court: Kolkata

1. The two petitioners before us are brothers; the first petitioner is a Habildar, and the second petitioner, a constable of the Armed Police Reserve at Mymensingh. They have been convicted of an offence under Section 168, Indian Penal Code, and sentenced to two months' simple imprisonment each. Section 168, Indian Penal Code, lays down that whoever, being a public servant and being legally bound as such public servant not to engage in trade, engages in trade shall be punished with simple imprisonment, etc. This Rule was obtained on the ground that the facts alleged by the prosecution do not constitute an offence under that section. The point which has been taken is that the prosecution has not shown that the two petitioners are legally bound as public Servants not to engage in trade. In the Bengal Police Manual in paragraph 812 there is this provision: 'Without the previous sanction of the Local Government a Police Officer may not engage in any trade or undertake any employment other ...