Kolkata Court April 1919 Judgments
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Mohammed Kajim Ali Vs. Jarabdi Nashkar and ors.
Court: Kolkata
Decided on: Apr-01-1919
Reported in: AIR1919Cal430,52Ind.Cas.62
1. The opposite parties in this case were convicted by the Magistrate of offences under Sections 423 and 193 of the Penal Code and sentenced to terms of imprisonment. On appeal they were acquitted by the Sessions Judge. The petitioner, the complainant in the case, then obtained this Rule calling upon them to show cause why the acquittal should not be set aside.2. The Magistrate found, in accordance with the allegations made by the petitioner, that the opposite parties had executed and registered a document purporting to be a kabuliyat in respect of certain land, which contained recitals designedly false. The document stated that the petitioner and his full brother and the other maliks of the land had demanded a kabuliyat from the opposite parties and that the kabuliyat had been executed in compliance with that demand. The petitioner denied that he or his full brothers had ever demanded or accepted the kabuliyat, and he further asserted that he and his brothers were the only maliks of t...
Fong Kun (Khun) Chinaman Vs. Emperor
Court: Kolkata
Decided on: Apr-01-1919
Reported in: 52Ind.Cas.389
Richardson, J.1. The petitioner, Fong Khun, has been convicted under Section 9 of the Opium Act (I of 1878) of being in possession of contraband opium and sentenced to rigorous imprisonment for six months. A railway receipt was traced to the possession of the petitioner which covered a parcel consigned to him by a correspondent in Assam. A letter addressed to the petitioner advising him of the despatch of the parcel was recovered at the same time. In that letter the contents of the parcel were described as 'five numbers.' The parcel was subsequently opened and found to contain five seers of opium. The circumstances leave no room for doubt that the petitioner was trafficking in smuggled opium.2. It was held in Kashi Nath v. Emperor 32 C. 557 : 9 C.W.N. 719 : 2 Cr. L.J. 417 that in such a case, the consignee knowing that the parcel had been sent to him and that it contained opium, the possession of the railway receipt constituted possession of the opium within the meaning of Section 9 of...
Fort Gloster Jute Manufacturing Co Vs. Chandra Kumar Das and anr.
Court: Kolkata
Decided on: Apr-01-1919
Reported in: 51Ind.Cas.405
1. This is an appeal by the defendants in a suit for establishment of title to land. The claim was dismissed by the trial Court, whereupon the plaintiffs preferred an appeal. This was beard on the 6tb May 1915 by Mr. Asutosh Ghose, First Subordinate Judge of Hooghly, who reserved judgment. On the 29th May 1915 Mr. Ghose wrote, sigred and dated his judgment. It appears that during a portion of every month the First Subordinate Judge bad to discharge his judicial duties in another station in the district. While Mr. Ghose was thus absent from the headquarters, the judgment was delivered on the 31tt May 1915 by Mr. U.B. Mookerjee, the Second Subordinate Judge, who was in charge of the first Court during the temperary absence of Mr. Ghohe, The decree was drawn up in due course and was signed by Mr. Ghose on the 4th June 1915, but as required by Order XX, Rule 7, of the Civil Procedure Code bore the date when the judgment was pronounced, that is, the 31st May 1915. As the suit was decreed by...
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