Kolkata Court June 1918 Judgments
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Teprinessa Vs. Emperor
Court: Kolkata
Decided on: Jun-28-1918
Reported in: (1919)ILR46Cal427
Teunon and Newbould, JJ.1. The appellant before us, one Teprinessa, has been convicted under Section 201 and Section 203 of the Indian Penal Code and sentenced under the first named Section to three years' rigorous imprisonment and under the second to two years' rigorous imprisonment, the two sentences to run concurrently. It appears that on the night of the 13th July 1917 the husband of this woman named Sanglu was murdered, it would seem, shortly after midnight. The medical evidence shows that the cause of death was a blow with some cutting weapon such as a dao or knife on the right side of the neck cutting the anterior and internal jugular veins and also cutting into the third cervical vertebra and resulting, in the opinion of the medical officer, in instantaneous death. On the following morning the appellant accompanied the village chowkidar one Sohai to the local thana and there with a number of details gave an account of the murder. She charged one Afiruddin her next door neighbou...
Taprinessa Vs. Emperor
Court: Kolkata
Decided on: Jun-28-1918
Reported in: AIR1919Cal679,47Ind.Cas.275
1. The appellant before us one Taprinessa has been convicted under Sections 201 and 203 of the Indian Penal Code and sentenced Under the first named Section to three years' rigorous imprisonment and under the second to two years' rigorous imprisonment, the two sentences to run concurrently. It appears that on the night of the 13th July 1917 the husband of this woman named Sanghi was Murdered, it would seem, shortly after midnight. The medical evidence shows that the cause of death was a blow with some cutting weapon, such as a dao or knife, on the right side of the neck cutting the anterior and internal jugular veins and also outting into the third cervical vertebra and resulting, in the opinion of the medical officer, in instantaneous death. On the following morning the appellant accompanied the village Chowkidar, one Idhai, to the local Tianah and there with a number of details gave an account of the murder. She charged one Afiruddin, her next door neighbour, as one of the murderers....
indra NaraIn Das and anr. Vs. Badan Chandra Das and ors.
Court: Kolkata
Decided on: Jun-27-1918
Reported in: 47Ind.Cas.340
Walmsley, J.1. The plaintiff-appellant made a speculative purchase of the land from the first defendant. The latter protected himself by inserting a Clause in the kobala to the effect that if the plaintiff-purchaser was dispossessed by anybody other than the vendor, the vendor would not be liable to the purchaser. The learned Subordinate Judge held that effect should be given to the saving clause, and I think he was correct. The appeal is dismissed with costs--one set to the defendant No. 1 and one set to the defendant No. 4, who appear by different Vakils.Panton, J.2. I agree....
Srijukta Sarajubala Debi Chowdhurani and ors. Vs. Saradanath Bhattacha ...
Court: Kolkata
Decided on: Jun-27-1918
Reported in: 50Ind.Cas.862
Teunon, J.1. These three appeals arise out of two counter-suits brought on a contract entered into between the parties or rather by their predecessors-in-interest on the 30th Baisakh 1313 and registered on the 15th May of 1906.2. By the deed the predecessor of the plaintiffs in Suit No, 134/52 (Appeal No. 67), who may be compendiously described as the Bhawal Raj, conferred upon one Biswanath Bhattacharjee the right to fell and remove Guzari or sal trees of a certain girth and other' miscellaneous trees, not being fruit trees, from the 'Garhs' or forests lying within the Mouzas appertaining to their Zemindari No. 9 and also from the Garhs lying within certain Mouzas included in Sikmi Taluk Baidya Nath Sen appertaining to Zemindari No. 10. The contract, which may be spoken of as a lease, also provided that the grantee should have the right to out and remove trees of specified classes from the Jote lands of tenants, and the grantor further undertook to provide convenient sites for roads, ...
Karim Baksha and ors. Vs. Abdul Jabbar Miaji
Court: Kolkata
Decided on: Jun-26-1918
Reported in: AIR1919Cal874,47Ind.Cas.416
Walmsley, J.1. The plaintiff brought the two suits out of which these two appeals arise to eject the defendants from two holdings. His allegation was that he had granted an under-raiyati to Makram Ali, the predecessor of the defendants, and that on Makram Ali's death he wanted to take khas possession, but the defendants who were Makram Ali's heirs had not given possession to him. The defendants replied that the plaintiff had executed, two pattahs, one in respect of each holding, conferring upon Makram Ali permanent and heritable rights. They also said that the plaintiff, although he described himself as a raiyat, was really a tenure-holder.2. The first Court found that the plaintiff was, as a matter of fact a raiyat and this was not disputed in the loser Appellate Court, The Courts below further found that the leases granted by the plaintiff to Makram Ali were permanent and heritable leases and they held that the leases had been registered in contravention of the provisions of Section ...
Marie Penheiro and anr. Vs. Jotindra Mohan Sen
Court: Kolkata
Decided on: Jun-25-1918
Reported in: 47Ind.Cas.289
Walmsley, J.1. This appeal is preferred by the plaintiffs, who are minors represented by a guardian. They inherited two thirds of their ancestral homestead from their father. The remaining one-third was bequeathed to them by their grandmother or step grandmother Isabella Penheiro. One Mdcdonald Polaooo was appointed executor by the Will of Isabella Penheiro and he took out Probate. About a year after the grant of Probate he executed a lease in respect of one-third of the homestead and in the following December, i.e., 18 months after the Probate was on anted ha mortgaged the entire homestead to the defendant No. 2 in the name of defendant No 3. We are not now concerned with the lease. The suit out of which the present appeal arises was brought by the plaintiffs for a declaration that the mortgage executed by this Macdonald Polacco was inoperative. The first Court granted the plaintiffs a decree. An appeal was preferred by defendant No. A. It was beard ex parte and the learned District J...
Durga Charan Bose Vs. Lakhi NaraIn Bera and anr.
Court: Kolkata
Decided on: Jun-25-1918
Reported in: 47Ind.Cas.917
1. This is an appeal preferred by Durga Charan Bose, plaintiff in Suit' No. 398 of 1915, which suit has been dismissed by the District Judge. We are also asked to revise the decree and .order of. the Additional District Judge in Appeal No. 291 of 1913 arising out of Suit No. 12 of 1912 in which Durga Charan Bose was defendant No. 9. The facts of the case are somewhat peculiar. There was a dispute between Lakhi Narain Beta and Hari Krista Bera on the one side and Gopal Chandra Jana of Nadabhouga and others on the other over certain paddy, which resulted in proceedings under Section 107 and Section 145, Criminal Procedure Code. The matter was referred to the arbitration of Pramada Nath Dutt, Muktear of the Beras, and (Durga Charan Bose, the present appellant, the Muktear of the opposite party. Of the merits of that dispute we have no means of judging, nor is it necessary for the present purpose to discuss them. It is sufficient to say that on 19th January 1910 Durga Charan Bose executed ...
Ram Narayan Gope and anr. Vs. Kula Chandra Chakrabarty and ors.
Court: Kolkata
Decided on: Jun-24-1918
Reported in: 49Ind.Cas.426
Walmsley, J.1. This appeal is preferred by the plaintiff, who brought a suit for redemption under the following circumstances. One Dayamoyee mortgaged her land to defendant No. 1, Nishiram, on 18th March 1912 by a kat kobala. The plaintiff claimed on the basis of a registered kohala executed by Dayamoyee in his favour on 5th May 1914. He was resisted by the 2nd defendant, who alleged that he had made an oral agreement with the mortgagor on the one hand and the mortgagee on the other, that he had paid some money to each of them and that he had been put in possession of the property before the date an which the plaintiff made his purchase. The mortgagee admitted that he had received payment in, full of the sum due under the mortgage from the 2nd defendant. The first Court disbelieved the evidence as to the oral purchase by the 2nd defendant and directed that plaintiff should redeem the 2nd defendant. On appeal by the 2nd defendant the lower Appellate Court reversed that order and dismiss...
Charu Chandra Bhattachrjee Vs. Hem Chandra Mookerjee and anr.
Court: Kolkata
Decided on: Jun-24-1918
Reported in: 47Ind.Cas.62
1. The present Rule is one issued under the provisions of the proviso to Section 46(1) of the Provincial Insolvency Act, 1907. It appears, and it has been found, that at the, instance of one of the creditors and after the taking of evidence on the 27th of November 1917 the Receiver appointed in certain insolvency proceedings took possession of certain boats as the property of the insolvent. It has further been found that the attachment and the taking of possession were to the knowledge of the petitioner. Thereafter on the 19th December the petitioner before us made an application to the Court of the Subordinate Judge having jurisdiction in the insolvency proceedings in question, and therein prayed that the Court should reverse the act or order of the Receiver and return the boats to him as being his property. The Subordinate Judge held that under the terms of the proviso to Section 22 the application was barred by limitation. On appeal the District Judge confirmed that order.2. The arg...
Srimati Mukta Keshi Debi and anr. Vs. Srimati Giri Bala Devi and ors.
Court: Kolkata
Decided on: Jun-24-1918
Reported in: 47Ind.Cas.1006
Walmsley, J.1. The plaintiffs-appellants brought this suit to recover khas possession of a certain plot of land on declaration of their title thereto. Their case was that two brothers Jagabandhu and Nabin held the land under them as under raiyats, each brother having a separate plot which he held apart from the other brother. Both brothers are dead and the defendants Nos. 4, 5 and 7 now represent the deceased Nabin. Sometime in 1913 the plaintiffs brought a suit purporting to be under Section 66 of the Bengal Tenancy Act against the representatives 'of both the brothers and obtained a decree to the (effect that if the decretal amount were not paid within fifteen days, the plaintiffs would be entitled to enter into possession of the land. The, amount specified was not paid and the plaintiffs obtained symbolical possession. Then the defendant No. 1, the contesting defendant, appeared on the scene. She said that defendant No. 8 bad obtained a decree against Nabin and put the decree into e...
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