Kolkata Court April 1924 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.
Promada Nath Roy Bahadur Vs. BasiruddIn Quazi
Court: Kolkata
Decided on: Apr-04-1924
Reported in: AIR1925Cal414
1. This is an application by the plaintiff for a certificate that this is a it case for appeal to His Majesty in Council. The matter came before my learned brother Mr. Justice Richardson and myself on the 3rd December, 1923, and it was then decided that: the appeal did involve a substantial question of law, and this Court remanded the case under Order 45, Rule 5 of the Code of Civil Procedure, for enquiry and report as to the value and the form of the order was as follows:-' For the purpose of an enquiry and report as to the value of the occupancy holding the subject-matter of the suit on the basis that the rent is liable to be enhanced at the instance of the plaintiff,' and the lower Court was 'requested to direct its enquiry as to the value of the occupancy holding both at the time of the institution of the suit and at the date of the judgment of the High Court.'2. The learned Officiating Subordinate Judge has submitted his report by which he finds that the value of the occupancy hol...
Raj Chandra Banik and ors. Vs. Iswar Chandra Banik and ors.
Court: Kolkata
Decided on: Apr-04-1924
Reported in: AIR1925Cal170
Suhrawardy, J.1. This is an appeal from an order of the Subordinate Judge of Tipperah remanding the case to the Court of the Munsif for re-trial. The suit was brought by the plaintiff for declaration of his right over a pathway. The learned Munsiff held a local investigation and after recording the evidence dismissed the plaintiff's suit. There was an appeal and the learned Subordinate Judge, without going into the evidence or merits of the case, remanded it for re-trial by the first Court on the ground that the Munsif had made use of his knowledge of what he saw in the locality, without making any note of the result of his inspection. Reliance has been placed by the Court below on the case of Rai Kishori Ghose v. Kumudini Kanta Ghose [1912] 15 C.L.J. 138. That case was decided under Section 392 of the repealed Code of 1882. In the new Code there has been some alteration in that section as well as in the rule regarding the inspection of the locality ' by the Court. Section 392 of Act X...
Balaram Kundu Vs. Emperor
Court: Kolkata
Decided on: Apr-03-1924
Reported in: AIR1925Cal160
1. This is an open Rule which was granted at the instance of the accused who bad been convicted of an offence under Section 457 of the Indian Penal Code. Two points were urged before us on behalf of the petitioner. First, it is said that the conviction cannot stand having regard to the frame of the charge. The charge was in this form. That the accused on a certain date ' committed house-breaking by night by entering into the hut of Purna Pal through a window and quitting the same through the eastern door between the hours of sunset and sunrise in order to the Committing of adultery with Purna Pal's wife or any other offence punishable with imprisonment '...and it is stated that having regard to these words ' or any other offence punishable with imprisonment' the charge is vague and bad and that the accused has been prejudiced thereby. There is no doubt that the charge in this form ' or any other offence punishable with imprisonment' is an improper form in which to frame a charge for it...
Jogendra Nath Laskar Vs. Hiralal Chandra Poddar and ors.
Court: Kolkata
Decided on: Apr-02-1924
Reported in: AIR1924Cal959
ORDER1. The petitioners were charged under Sections 225B & 353, Indian Penal Code on the allegation that Hiralal failed to attend as a witness when summoned by the Settlement Officer whereon the Settlement Officer issued a warrant of arrest against him. A settlement peon in executing the warrant laid hands on Hiralal whereon he called up the two other petitioners who assaulted the peon and assisted Hiralal to escape. Petitioners were convicted and appealed but their appeal was dismissed, They now ask for revision of this appellate decision.2. The warrant (Exhibit I) contains an obvious flaw. The name of Hiralal only appears in the heading ('Government v. Hiralal') of the proceeding for the purposes of which the witnesses' attendance is required. Clearly many witnesses with various names might be wanted in a case of 'Government v. Hiralal.' The name of the witness to be arrested is the most essential part of the warrant and that is lacking.3. The Appellate Court held this flaw to be cur...
Jogendra Nath Laskar Vs. Hiralal Chandra Poddar
Court: Kolkata
Decided on: Apr-02-1924
Reported in: (1924)ILR51Cal902
Greaves and Duval, JJ.1. We accept the reference for it appears that the warrant does not contain the name of Hiralal who was to be apprehended there under except in a heading where he is described as a party to a suit which is non-existent. Under the circumstances the warrant clearly was bad, and we accept the reference on that ground and set aside the conviction and sentence of the accused. The bail bonds are vacated....
Hiralal Chandra Poddar and ors. Vs. Jogendra Nath Laskar
Court: Kolkata
Decided on: Apr-02-1924
Reported in: 83Ind.Cas.481
ORDER1. We accept the Reference for it appears that the warrant does not contain the name of Hiralal who was to be apprehended thereunder except in a heading where he is described as a party to a suit which is non-existent. Under the circumstances, the warrant clearly was bad and we accept the Reference on that ground and set aside the conviction and sentence of the accused.2. The bail-bonds are vacated....
Umesh Chandra Chakrabarty and ors. Vs. Mati Lal Basu Roy Chowdhury
Court: Kolkata
Decided on: Apr-01-1924
Reported in: AIR1924Cal880,83Ind.Cas.336
1. The appeal arises out of a rent suit. The plaintiffs are the appellants, and the question which arises is whether the defendant is entitled to abatement of rent on account of the diluvion of some of the lands leased to him. Several rulings have been referred to but there seems to be no doubt in the law on the point. In the case of a permanent tenure like the present the parties to a lease can make a contract the result of which would be to deprive the tenant of the benefit of Section 52 of the Bengal Tenancy Act. The question we have to decide in this case is whether by their contract the defendant was deprived of this statutory advantage. The relevant words used in the kabuliat are : - 'there shall never be any decrease or increase of the rent fixed in the kabuliat.' This appears to us to be a condition usually expressed in a permanent lease at a fixed rate of rent. We are unable to accept the contention advanced on behalf of the appellant that by this clause in the lease the parti...
Chandra Kumar Mukhopadhya Vs. Sm. Sudhansu Badani Debi and ors.
Court: Kolkata
Decided on: Apr-01-1924
Reported in: AIR1924Cal895
Suhrawardy, J.1. This Rule was issued on the opposite party to show cause why the decree passed in suit No. 41 of 1919 in the Court of the first Subordinate Judge of Dacca should not be amended as prayed in the petition. The suit was a partition suit and on the 10th April, 1919, the Subordinate Judge of Dacca passed a decree in it. There was an appeal to the District Judge by a party other than the petitioner and the defendant No. 7. The decree of the first Court was affirmed on the 7th August, 1920. There was a second appeal to this Court which was dismissed under Order 41, Rule 11 on the 14th March 1921. The decree was executed and possession was delivered to the different parties on the 8th February, 1922. It is stated that the petitioner at that time discovered the mistake, namely, the omission of a certain direction in the decree and he applied on the 18th July, 1922, to the Court of the Subordinate Judge of Dacca for its amendment. The application remained pending till the 9th Ju...
Barada Prosad Roy Chaudhury Vs. Foijuddi Halder and anr.
Court: Kolkata
Decided on: Apr-01-1924
Reported in: AIR1924Cal1005
1. These three limes were obtained by the landlord who has obtained decrees for rent and put them into execution. Applications wore made by purchasers of portions of the holdings for deposit of the decretal amount under Section 170(3) of the Bengal Tenancy Act. The decree-holder objected that the applicants had no right to make the deposit under the provisions of that section. The learned Munsif overruled the objection of the decree-holder and directed that the applicants were entitled to make the deposit under the law.2. It is contended on behalf of the petitioners that the interest of the applicants in the holding is not voidable on the sale, and therefore they wore not entitled to make the deposit. It is not denied before us that the applicants have an interest in the holdings which are sought to be sold in execution of the rent decree. But the contention is that the interest of the applicants would pass by the sale, and it is not such an interest as should be considered as 'voidabl...
Chatturbhuj Mahesri Vs. Harlal Agarwalla and ors.
Court: Kolkata
Decided on: Apr-01-1924
Reported in: AIR1925Cal335
Suhrawardy, J.1. This is an appeal in an insolvency matter, the appellant being one of the creditors of the insolvent. The appeal is against the judgment of the Deputy Commissioner of Darjeeling who had powers under the Provincial Insolvency Act, 1920, by virtue of the notification of the Local Government investing him with such powers.2. A preliminary objection has been taken to the competency of the appeal on the ground that the appeal under the law lay not to this Court but to the District Judge of Dinajpur and Jalpaiguri inasmuch as the Deputy Commissioner of Darjeeling has been invested with the powers of a Subordinate Judge and also the special jurisdiction conferred upon him tinder Section 3 of the Provincial Insolvency Act, 1920, and is thus a Court subordinate to that of the District Judge. The memorandum of appeal in this case purports to have been filed under Section 75, Sub-section (2), of the Provincial In-solvency Act. That section provides that an appeal from an order ma...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »