Kolkata Court August 1923 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Haji Teller Rahman Vs. Golam Gone
Court: Kolkata
Decided on: Aug-10-1923
Reported in: AIR1924Cal1063,82Ind.Cas.419
Mookerjee, J.1. These are exceptions to the accounts submitted by the Receiver appointed by this Court in respect of the subject-matter of appeal from Original Decree No. 234 of 1922. The order was made for the appointment of the Receiver on the 26th March, 1923, and we directed him to submit his accounts every three months. The accounts for the first three months are now before us. There is an abstract statement which shows that the receipts exceeded the expenditure by Rs. 138-5 as. The account books from which the abstract has been prepared have also been produced. The objections taken to the accounts may be grouped under two categories, namely, first, that the vouchers in support of the expenditure have not been produced; and, secondly, that the management has not been economical.2. As regards the first objection, it has nod been disputed that the vouchers must be produced. The principles applicable are stated in the well-known work by Daniel on Chancery Practice, 1914, Vol, I, p. 9...
Kali Ranjan Chowdhury Vs. Rajeswar Roy Chowdhury
Court: Kolkata
Decided on: Aug-10-1923
Reported in: AIR1924Cal649,(1924)ILR51Cal396,83Ind.Cas.602
Chatterjea and Cuming, JJ.1. This appeal arises out of a suit for rent. The lands in respect of which the rent was claimed were accretions to a howla tenure held by the defendants under the plaintiff. The accreted lands were constituted a separate estate by the deara authorities, and also recorded as separate tenures of the defendants in the settlement khewats.2. The defence inter alia was that no suit for rent was maintainable in respect of the accreted lands separately from that of the howla tenure. The Court of appeal below has held that it can be maintained and the defendants have appealed to this Court.3. The appellants relied upon the cases of Golam Ali v. Kali Krishna Thakur (1881) I.L.R. 7 Calc. 479, and Assanullah Bahadur v. Mohini Mohan Das (1889) I.L.R. 26 Calc. 739. But in the first case all that was held was that the accreted land should be governed by the terms and the conditions applicable to the parent tenure, and that the same rent was payable for it as the land includ...
King-emperor Vs. Osman Sardar
Court: Kolkata
Decided on: Aug-09-1923
Reported in: AIR1924Cal809
Sanderson, C.J.1. This is an appeal by one Osman Sardar, and there is also a Reference by the learned Judge under Section 374 of the Criminal Procedure Code.2. The Appellant Osman Sardar and one Bhasai were committed by the Magistrate for trial on a charge that they on or about the 12th of March, 1923, committed murder by causing the death of one Tokani Sardar and thereby committed an offence punishable under Section 302 of the Indian Penal Code. Osman Sardar and Bhasai were tried by the learned Sessions Judge of Bakerganj and a jury.3. At the trial the learned Sessions Judge added two further charges which were as follows: first, that they (Osman and Bhasai) on or about the 12th of March 1923, were party to a criminal conspiracy to murder Tokani Sardar, and thereby committed an offence punishable under Section 120-B read with Section 302 of the Indian Penal Code and, the second charge, which was added, was that they, on or about the day above-mentioned, abducted Tokani Sardar in order...
Krishna Lal Burman Vs. Satyabala Debi
Court: Kolkata
Decided on: Aug-09-1923
Reported in: AIR1924Cal686,(1924)ILR51Cal342
Chatterjea and Panton, JJ.1. The question involved in this case is whether the application for execution of the decree is barred by limitation. The question arises in the following manner. The husband of the respondent Srimati Satyabala Debi, obtained a decree for possession of certain immovable properties on the 14th March, 1915. The defendants-appellants before us preferred an appeal against the said decree. Pending the appeal Purna Chandra Burman, the husband, died on the 20th February, 1917. There was then a contest between Satyabala, the widow of the deceased, and the father of Purna Chandra, as to who was the legal representative of the deceased. The father was substituted as the legal representative on the 3rd April, 1917, and the Court observed that as the question of heirship was not decided, she would not be affected by the order. On the next day, the father of the deceased filed a solenama giving up his right to the property in suit and consenting to the decree of the Court ...
Osman Sardar Vs. Emperor
Court: Kolkata
Decided on: Aug-09-1923
Reported in: 81Ind.Cas.824
Sanderson, C.J.1. This is an appeal byone Osman Sardar, and, there is also a Reference by the learned Judge under Section 374 of the Criminal Procedure Code.2. The appellant Osman Sardar and one Bhasai were committed by the Magistrate for trial on a charge that they on or about the 12th of March, 1923, committed murder by causing the death of one Tokani Sardar and thereby committed an offence punishable under Section 302 of the Indian Penal Code. Osman Sardar and Bhasai were tried by the learned Sessions Judge of Backerganj and a Jury.3. At the trial, the learned Sessions Judge added two further charges which were as follows, first, that they (Osman and Bhasai) on or about the 12th of March, 1923, were party to a criminal conspiracy to murder Tokani Sardar, and thereby committed an offence punishable under Section 120-B read with Section 302 of the Indian Penal Code and, the Second charge, which was added, was that they on or about the day above mentioned abducted Tokani Sardar in orde...
The Emperor Vs. Jamaldi Fakir and ors.
Court: Kolkata
Decided on: Aug-08-1923
Reported in: AIR1924Cal701
Richardson, J.1. In this case nine accused persons were tried by the Sessions Judge of Pabna and Bogra and a Jury on charges of dacoity under Sections 395 and 396 of the Indian Penal Code. The Jury in some cases unanimously and in some cases by a majority found all the accused guilty of the offences charged.2. The learned Judge accepted the verdict in the cases of four accused whom by his judgment he convicted and sentenced. In; these cases there is no ground for our interference and the appeal from the convictions and sentences must be dismissed.3. As regards the other five accused, Jamaldi Fakir, Kafiraddi Fakir, Kudratulla Malik, Hakoo Mandal and Ainulla, the learned Judge disagreed with the verdict of the Jury on the ground that as against these accused the only evidence was the uncorroborated testimony of an accomplice who had accepted a tender of pardon and was examined as a witness at the trial. Being of opinion that these five men should be acquitted, the learned Judge referred...
Emperor Vs. Jamaldi Fakir and ors.
Court: Kolkata
Decided on: Aug-08-1923
Reported in: (1924)ILR51Cal160
Richardson, J.1. In this case nine accused persons were tried by the Sessions Judge of Pabna and Bogra and a Jury on charges of dacoity under Sections 395 and 396 of the Indian Penal Code. The Jury in some cases unanimously and in some cases by a majority found all the accused guilty of the offences charged.2. The learned Judge accepted the verdict in the cases of four accused whom by his judgment he convicted and sentenced. In these cases there is no ground for our interference and the appeal from the convictions and sentences must be dismissed.3. As regards the other five accused, Jamaldi Fakir, Kafiraddi Fakir, Kudratulla Mallik, Hakoo Mandal and Ainulla, the learned Judge disagreed with the verdict of the Jury on the ground that as against these accused the only evidence was the uncorroborated testimony of an accomplice who had accepted a tender of pardon and was examined as a witness at the trial. Being of opinion that these five men should be acquitted, the learned Judge referred...
Birendra Kishore Manikya Bahadur Vs. Ali Ahamed
Court: Kolkata
Decided on: Aug-07-1923
Reported in: AIR1924Cal1015,84Ind.Cas.86
1. These are appeals by the landlord against the decision of the Special Judge, affirming the decision of the Revenue Officer, by which the applications of the appellant under Section 105 of the Bengal Tenancy Act for settlement of fair and equitable rent of certain tenures were dismissed. The applications were in substance for enhancement of rent. The facts briefly stated are these : These tenures are within an estate which was known as 4 annas hissa of Pergana Dandra and were in existence from long before the Decennial Settlement. The proprietor of the estate Mahammad Ali Chowdhury was imprisoned for life as a rebel and his estate was confiscated by Government by an order, dated 8th February, 1793. There were 45 taluks and 38 tappas within the property and certain other lands, but with these last the present appeals have no concern. The Collector of Tipperah made dowl settlements with the talukdars. In those dowls only the rents were specified, but the area of any of the taluks was n...
Kiamuddi Karikar Vs. King-emperor
Court: Kolkata
Decided on: Aug-06-1923
Reported in: AIR1924Cal771
Sanderson, C.J.1. This is an appeal by Kiamuddi Karikar, who was tried by the learned Additional Sessions Judge of Dacca and a jury. By the unanimous verdict of the jury he was found guilty of an offence under Section 147, I.P.C. and of an offence under Section 325 read with Section 149. The jury found him not guilty under Section 325, Section 304 and Section 304 read with Section 149.2. Shortly stated the facts were these:The police were summoned for the purpose of preventing a considerable number of people from fishing in a certain tank. In the first instance, the police were attacked, but the next thing that happened was that the people, who had assembled for the purpose of fishing, apparently gave way and retreated. The allegation was that then some of the people, who were with the police, and the police themselves pursued the retreating crowd. The deceased man, who was aged about sixty, fell at the rear of the crowd, and he was so severely beaten that he died on the spot.3. The ac...
Khararia Mijazilla Zamindari Syndicate Ltd. Vs. Omed Sheikh and ors.
Court: Kolkata
Decided on: Aug-06-1923
Reported in: AIR1924Cal811
1. These rules must be made absolute, It is not necessary that the application for execution made by a person other than the decree-holder under Order 21, Rule 11(2) should be verified after the application for permission has been made; nor is it necessary that the verification should be made in the presence of the Court. All that is necessary is that the Court should be satisfied that the person who signed the verified application is acquainted with the facts of the case. In the present case, there can be no doubt that the person who signed this application was acquainted with the facts of the case and there was no ground for rejecting the application.2. We accordingly set aside the order of the lower Court rejecting these applications and direct that he do admit them and do proceed according to law.3. This order will govern Civil Revision Nos. 143 to 146 of 1923.4. We make no order as to costs in these rules.5. Let all records be sent down at once....
- ‹ Prev
- 1
- 2
- 3
- 5
- Next ›
- Last »