Kolkata Court December 1923 Judgments
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King-emperor Vs. Bansi Sheikh
Court: Kolkata
Decided on: Dec-07-1923
Reported in: AIR1924Cal718,83Ind.Cas.504
1. This is a reference by the Assistant Sessions Judge of 24-Pargannas under Section 307 of the Code of Criminal Procedure. The accused was charged with an offence under Section 471 read with Section 467, Indian Penal Code, the offence of fraudulently and dishonestly using a forged document, namely, a kobala, purporting to have been executed by one Thakurdasi Devi in his favour. The jury by a majority of four to one gave the accused the benefit of doubt. The other juror gave his opinion as guilty, and the learned Judge having disagreed with the verdict of the majority of the jury has referred this case to this Court.2. The story as told by the prosecution may be shortly stated in order to understand the circumstances under which this prosecution was started. One Thakurdasi Devi was the owner of a certain plot of land which she had purchased from one Gobinda Tewari. She was living as the mistress of one Swarup Das who had died in the year 1899. After his death she was living in the hous...
Emperor Vs. Bansi Sheikh
Court: Kolkata
Decided on: Dec-07-1923
Reported in: (1924)ILR51Cal469
Newbould and Ghose, JJ.1. This is a reference by the Assistant Sessions Judge of 24-Parganas under Section 307 of the Code of Criminal Procedure. The accused was charged with an offence under Section 471 read with Section 467, Indian Penal Code, the offence of fraudulently and dishonestly using a forged document, namely, a kobala, purporting to have been executed by one Thakurdasi Devi in his favour. The jury by a majority of four to one gave the accused the benefit of doubt. The other juror gave his opinion as guilty, and the learned Judge having disagreed with the verdict of the majority of the jury has referred this case to this Court.2. The story as told by the prosecution may be shortly stated in order to understand the circumstances under which this prosecution was started. One Thakurdasi Devi was the owner of a certain plot of land which she had purchased from one Gobinda Tewari. She was living as the mistress of one Swarup Das who had died in the year 1899. After his death she ...
Bhimraj Bania Vs. Emperor
Court: Kolkata
Decided on: Dec-07-1923
Reported in: (1924)ILR51Cal460
Greaves, J.1. This Rule was issued, on the 11th October last, at the instance of Bhimraj Bania, calling on the Secretary to the Government of Bengal to show cause why a warrant, issued on the 18th September 1923, by one of the Secretaries to the Government of Bengal, under the provisions of Bengal Act I of 1923 (Goondas Act, 1923), for the apprehension of Bhimraj, should not be declared illegal and void, and why the proceedings thereunder should not be quashed. The petition upon which the rule was issued was headed 'In the matter of an application under Sections 435 and 439 of the Code of Criminal Procedure and Clause 28 of the Letters Patent'. Under the provisions of the Goondas Act, 1923, Section 3, whenever, it shall appear to the Commissioner of Police that any person is a goonda, or a member of a gang or body of goondas, and is residing within or habitually visiting or frequenting Calcutta, and that such person or that such gang or body is committing or has committed or is about t...
Bejoy Singh Dadhulia Vs. Ashutosh Gossami and ors.
Court: Kolkata
Decided on: Dec-06-1923
Reported in: AIR1924Cal589,83Ind.Cas.430
1. This is an appeal against an order of the Subordinate Judge of Hughly, third Court, granting an application by certain judgment-debtors to set aside a sale held in execution of a decree. This decree was obtained by Raja Bejoy Singh Dadhulia Bahadur, the appellant before us, in the Court of the Subordinate Judge of Faridpur, on the 5th April, 1918. The amount decreed was Rs. 20,774-10-9 for arrears of rant and the amount for which the property was attached with the addition of interest and execution costs was Rs. 24,018-1-3. After an order of a transfer, an application for execution was made in the Court of the Subordinate Judge of Hughly on the 21st September, 1919. On this application, the judgment-debtor's ancestral house in the town of Serampore was attached, sale proclamation issued on this 19th December, 1919, and in it the property was valued at Rs. 5,000 which was the decree-holder's valuation. The judgment-debtors objected that the real value of the property was one lakh. Th...
Braja Das Roy Vs. Bankim Chandra Bhuia
Court: Kolkata
Decided on: Dec-04-1923
Reported in: AIR1924Cal660,(1924)ILR51Cal454,83Ind.Cas.169
B.B. Ghose, J.1. This appeal arises out of a suit brought by the plaintiffs for enhancement of rent under Section 7 of the Bengal Tenancy Act. Record of rights was prepared with regard to this tenancy which was finally published on the 28th May, 1918. The record was that it was a kaimi tenure but not mokarari. The plaintiffs rely upon the record of rights sind ask for enhancement of rent. The defence, which it is now necessary for us to mention, was that the rent was fixed and not liable to enhancement. The Court of first instance found that the rent was liable to enhancement and fixed the rent which it considered to be fair and equitable. On appeal by the defendants they again urged that the rent was fixed and the learned Judge below has given effect to that contention.2. In the plaintiffs' appeal, the main argument addressed on their behalf is that having regard to the provisions of Section 115 of the Bengal Tenancy Act the learned Judge below was in error in holding that any presump...
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