Kolkata Court August 1924 Judgments
Nirmal Kumar Singh Nowlaksha Vs. the Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-28-1924
Reported in: AIR1925Cal173,85Ind.Cas.520
Chakravarti, J.1. This rule arises out of an application, under Section 66, Clause (3) of the Indian Income-Tax Act XI of 1922, by an assessee under that Act.2. The assessee was assessed by the Income Tax Officer on the 13th October 1923.3. There was an appeal by him to the Assistant Commissioner of the Range Burdwan and this appeal was dismissed on the 31st January 1924.4. The assessee then made an application, after the required deposit to the Commissioner under Clause (3) of Section 66 of the Act praying that he might refer to the High Court a question of law which he submitted arose out of the proceedings but the Commissioner refused the application on the 14th March 1924.5. The petitioner then moved this Court under Clause (3) of Section 66 of the Act praying that this Court might require the Commissioner to state the case and refer it to the High Court and this Court issued the Rule which has now come up for decision before us. The Government have appeared through the Senior Gove...
Tag this Judgment!Bishnupada Deb Vs. Emperor
Court: Kolkata
Decided on: Aug-28-1924
Reported in: 97Ind.Cas.651
1. The appellant Bishnupada Deb has been convicted on four charges. The first is a charge of having conspired with three other persons to cheat one Horey Kristo Routh. The other three charges relate to three specific acts of cheating committed in pursuance of this conspiracy. On the charge of conspiracy the appellant has been sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 1,000 or in default rigorous imprisonment for six months. On the other three charges he has been sentenced to one year's rigorous imprisonment on each charge, all the substantive sentences of imprisonment to run concurrently.2. This case was instituted by a complaint which was laid as long ago as the 24th October 1921. At the first trial before the Honorary Presidency Magistrate there was a serious error in the framing of the charges which necessitated the conviction and sentences of the appellant and his co-accused being set aside by this Court and a re-trial on a properly framed charge ordere...
Tag this Judgment!Bishnu Pada Deb Vs. King-emperor
Court: Kolkata
Decided on: Aug-28-1924
Reported in: AIR1926Cal1109
1. The appellant Bishnupada Deb has been convicted on four charges. The first is a charge of having conspired with three persons to cheat one Harey Krista Routh. The other three charges relate to three specific acts of cheating committed in pursuance of this conspiracy. On the charge of conspiracy the appellant has been sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 1,000/-or in default rigorous imprisonment for six months. On the other three charges he has been sentenced to one year's rigorous imprisonment on each charge, all the substantive sentences of imprisonment to run concurrently.2. This case was instituted by a complaint which was laid as long ago as the 24th October 1921, At the first trial before the Honorary Presidency Magistrate there was a serious error in the framing of the charges which necessitated the conviction and sentences of the appellant and his co-accused being set aside by this Court and a re-trial on a properly framed charge ordered. At...
Tag this Judgment!Emperor Vs. Faratulla Mandal and ors.
Court: Kolkata
Decided on: Aug-27-1924
Reported in: AIR1925Cal394
Walmsley, J.1. This case comes before us on a Reference made by the learned Sessions Judge of Rajshahi under the provisions of Section 307 of the Criminal Procedure Code. Five persons were placed on trial before him on charges of rioting and of culpable homicide during the course of the riot. The jury were unanimous in finding all the accused not guilty. The learned Sessions Judge felt unable to accept that verdict and he has accordingly made this Reference to us.2. The occurrence is said to have taken place on Christmas day last year. There was what is called a baitch held in a large heel and the story is that the unfortunate man Bako ran his donga into some nets belonging to two of the accused, Faratulla and Asmatulla. This excited their rage and they and their friends chased Bako, caught him when he landed and inflicted numerous blows upon him from one of which be died as it fractured his skull. That is the story.3. The evidence adduced before the Judge consisted entirely of oral ev...
Tag this Judgment!Advocate-general of Bengal Vs. S. Webb-johnson
Court: Kolkata
Decided on: Aug-27-1924
Reported in: AIR1925Cal797,(1925)ILR52Cal508
Ghose, J.1. This suit has been instituted by the Advocate-General of Bengal for a declaration that the objects of a certain trust known as the Silver Wedding Fund are the education and assistance of children and dependants of Indian officers and soldiers (including non-combatants) who rendered military service under the Crown during the late Great War, or who took part or may hereafter take part in subsequent warlike operations and for an order that the defendants as administrators of the Silver Wedding Fund may be directed to give effect to the said objects and apply the income of the said fund towards helping those who come under the said objects.2. The facts are as follows:-On the occasion, of the -anniversary of the Silver Wedding of Their Majesties the King-Emperor and the Queen Empress in 1918, a large sum of money was subscribed as an offering to Her Majesty the Queen-Empress as a token of loyalty and affection. Her Majesty the Queen Empress was pleased to accept the gift and to...
Tag this Judgment!Ashutosh Roy Vs. Chairman of the Commissioners, Rampore Boolia Municip ...
Court: Kolkata
Decided on: Aug-26-1924
Reported in: AIR1925Cal1027,85Ind.Cas.796
Chakravarti, J.1. This is an appeal by the plaintiff against the Chairman of the Commissioners of the Rampur Boalia Municipality as the principal defendant in a suit for an injunction against the defendant.2. The question which arises for decision in this second appeal relates to the rights of tenants-in-common, who are in joint possession of a certain piece of land, as to the mode of enjoyment of such joint rights.3. The facts which gave raise to the litigation between the parties shortly stated are these :-That a tank called Bakultala tank within the Municipal limits of Rampur Boalia Municipality belonged in equal shares to the father of the plaintiff and the father of the pro forma defendant. The Municipality finding that the tank was insanitary, after serving the necessary notices took possession of the tank and filled it up with earth at their own costs and it is not disputed that the Municipality was entitled to retain possession of the filled up site under the provisions of Sect...
Tag this Judgment!Kumar Arun Chandra Singha and ors. Vs. the Secretary of State for Indi ...
Court: Kolkata
Decided on: Aug-26-1924
Reported in: 87Ind.Cas.339
1. This is an appeal by the plaintiffs against a decision of the Additional District Judge of Hooghly, at Howrah, reversing a decision of the Additional Subordinate Judge of Howrah.2. The suit out of which the appeal arises was brought by the plaintiffs for a declaration that a certificate issued under the Public Demands Recovery Act, 1895, to recover certain drainage costs under the Bengal Drainage Act, 1880, was invalid and that the substitution of the plaintiffs' names in place of the original obligee of the instalment bond, given under the provisions of the Bengal Drainage Act, was ultra, vires.3. The Subordinate Judge held that the certificate was issued without jurisdiction and that the substitution was ultra vires. The Additional District Judge has reversed this decision and hence this appeal. The facts are as follows: A certain drainage scheme, known as the Rajapur Drainage Scheme, was carried out in the year 1895 and under the provisions of the Bengal Drainage Act part of the ...
Tag this Judgment!Arun Chandra Singha and ors. Vs. Secretary of State and ors.
Court: Kolkata
Decided on: Aug-26-1924
Reported in: AIR1926Cal367
1. This is an appeal by the plaintiffs against a decision of the Additional District Judge of Hooghly, at Howrah, reversing a decision of the Additional Subordinate Judge of Howrha.2. The suit out of which the appeal arises was brought by the plaintiffs for a declaration that a certificate issued under the Public Demands Recovery Act, 1895, to recover certain drainage costs under the Bengal Drainage Act, 1880, was invalid and that the substitution of the plaintiffs' names in place of the original obligee of the instalment bond, given under the provisions of the Bengal Drainage Act, was ultra vires.3. The Subordinate Judge held that the certificate was issued without jurisdiction and that the substitution was ultra vires. The Additional District Judge has reversed this decision and hence this appeal. The facts are as follows: A certain drainage scheme, known as the Rajapur Drainage Scheme, was carried out in the year 1895 and under the provisions of the Bengal Drainage Act part of the c...
Tag this Judgment!Kiran Chandra Bose Vs. Dutt and Co.
Court: Kolkata
Decided on: Aug-25-1924
Reported in: AIR1925Cal251,85Ind.Cas.522
C.C. Ghose, J.1. The plaintiff, who is the Receiver appointed in Suit No. 1109 of 1921, is in possession of premises No. 3, Schalch Street in the town of Calcutta, whereof the defendant firm are the tenants occupying a portion at a monthly rent of Rs. 175. The present suit is one for arrears of rent from the month of Jaistha 1329 B.S. up to the end of Kartik 1330 B.S., both inclusive, amounting to Rs. 3,150.2. In their written statement the defendant firm state that the demised portion of the said premises is held by them tinder a registered lease, dated the 7th December, 1921, granted by one Nalin Chandra Shaw, who is the mortgagor, of whose properties the plaintiff is the Receiver, for a period of five years, commencing from the 17th November, 1921, with a further option of two years, at a monthly rental of Rs. 175, and that as a condition precedent for the execution of the said lease, the said mortgagor took an advance of 17 months' rent, viz., Rs. 2,975. The defendant firm further ...
Tag this Judgment!Debenara Lal Panja and ors. Vs. Nilmoney Prodhan and ors.
Court: Kolkata
Decided on: Aug-25-1924
Reported in: AIR1925Cal1173
Chakravarti, J.1. This is an appeal by the plaintiff and arises out of a suit brought by him for recovery of arrears of rent in respect of 5 jamas which are described in the plaint. The first Courts gave a decree and the lower appellate Court has dismissed the suit. The plaintiff's case was that the land in suit appertained to the Babaji Niskary Bahali 1668 B Registered C Register of the Collector of Midnapore; that those lands were sold in execution of a certificate for arrears of road cess, and that he purchased those lands in October 1915 and got his name registered in the Collectorate under the Land Registration Act, and that the defendants held those lands at the rents mentioned by the plaintiff, and that the plaintiff was, therefore, entitled to recover the rent duo from the defendants. The defence of the defendants was that there was no relationship of landlord and tenant between the plaintiff and the defendants, and that one Nakari Meah and his co-sharers were really the landlo...
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