Kolkata Court August 1924 Judgments
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Khirode Kumar Mookerjee Vs. Emperor
Court: Kolkata
Decided on: Aug-18-1924
Reported in: AIR1925Cal260,85Ind.Cas.372
Mukerji, J.1. The appellant Khirode Kumar Mukerji was tried by the Additional Sessions Judge of Khulna with the aid of a jury on a charge under Section 408, I.P.C. The charge was to the effect that between Jaistha 1329 and Baisakh 1330 the accused committed criminal breach of trust in respect of a sum of Rs. 7,434. That figure was arrived at upon a calculation which is to be found set out in the learned Judge's charge to the jury. The total amount collected by the accused was said to be Rs. 16,29014-0 consisting of 16 sums of money. The amount of Government Revenue paid by the accused was Rs. 7,868-14-9. Rs. 889 9-0 was sent by the accused to the proprietors and the accused was entitled to Rs. 407 as the stipulated amount of pay for the year. Deducting the last three items from the amount of collections the balance left was Rs. 7,125-6-3. To this was added Rs. 311 being the cash in hand at the close of the previous year and this gave a total of Rs. 7,436-6-3. The jury returned a unanim...
Dina Nath Saha Roy and ors. Vs. Jadu Nath Biswas and ors.
Court: Kolkata
Decided on: Aug-18-1924
Reported in: AIR1925Cal456
1. These appeals arise out of a suit for possession of an undivided one-fourth share of three villages appertaining to Estate No. 6572 in putni and sardar putni rights.2. It appears that two persons Nilkant and Umakant who were proprietors of a 19 gundas and odd share in Touzi No. 4515 let out their share in 20 villages in putni to plaintiff's predecessor at a jama of Rs. 142-8-0 on the 32nd Sraban 1272. All these 20 villages are situate on the west bank of the river Ghagar. Subsequently on the 23rd Bysack 1281 (5th May, 1874) they granted a sadar putni in respect of one-fourth of their 19 gundas and odd share in all the mouzahs of the estate including the 20 villages (which had been previously granted in putni) at a rent of Rs. 25 to the plaintiffs. On the next day (24th Bysack, 1281-6th May, 1874) an ekrar was executed between the lessors and the lessees by which it was agreed that the plaintiff's (the lessees) would remain in possession of 19 gundas and odd share of all lands in the...
Kali Charan Roy, Secretary to the Ghatail Sammilani Dhanbhandar Compan ...
Court: Kolkata
Decided on: Aug-15-1924
Reported in: 85Ind.Cas.784
1. This is an appeal by the decree-holder against an order of the Court below holding that the application for execution was barred by limitation. The facts are that a decree was passed against the judgment-debtors, made payable by 32 half yearly payments from the year 1319 to the year 1334 B.S. There were, several payments made by the judgment-debtors; but there was default made by them in respect of the instalment due for Magh 1321 (January 1918). On the 23rd Aghrayan 1325 (9th December 1918) a portion of the kist for Magh 1324 (January-February 1918) was paid by the judgment-debtors and accepted by the decree-holder. After that no other payment was made and the present application was presented by the decree-holder on the 24th April 1922, for execution for the balance of the decretal amount. Both the Courts below have held that as the application was made more than three years after the date of default of the last unpaid instalment the application was barred by limitation.2. Two poi...
Mon Mohan Chakravarti and anr. Vs. King-emperor
Court: Kolkata
Decided on: Aug-14-1924
Reported in: AIR1928Cal261
Sanderson, C.J.1. This Rule was issued by two of my learned brothers, calling upon the District Magistrate to show cause why the order passed should not be set aside on the first and second grounds stated in the petition.2. The order referred to was dated the 9th April 1924, and was made by the learned Sessions Judge of Dacca, by which he forfeited the bail bond of the two petitioners, and directed the Sub-Divisional Magistrate to levy the amount due from the two sureties.3. It appears that, on the 26th September 1923, one Ramizuddi was ordered by the Sub-Divisional Officer of Munshiganj to execute a security bond of Rs. 300 with two sureties of Rs. 300 each, to be of good behaviour for a period of two years in a proceeding under Section 110, Civil P.C. The record was forwarded to the learned Sessions Judge; and, in the meantime the Sub-Divisional Officer ordered that Ramizuddi should be detained in prison. On 4th October 1923, an application was made to the learned Judge for the relea...
Suresh Chandra Gupta Vs. Abdul Jabbar
Court: Kolkata
Decided on: Aug-14-1924
Reported in: AIR1925Cal264,85Ind.Cas.129
Sanderson, C.J.1. This is a rule granted by my learned brothers Mr. Justice Newbould and Mr. Justice Mukerji calling upon the Chief Presidency Magistrate and upon the Opposite Party Abdul Jabbar to show cause why the order directing the payment of Rs. 25 as compensation to Abdul Jabbar should not be set aside on the ground that the Magistrate did not proceed in compliance with Section 250 of the Code of Criminal Procedure.2. The Rule was obtained by the complainant. He made a complaint against Sheik Yusuf and Abdul Jabbar, alleging that an offence of simple hurt bad been committed by these two accused.3. The case was heard by the learned 3rd Presidency Magistrate and after bearing some witnesses called on behalf of the complainant, the learned Magistrate discharged the second accused, viz., Abdul Jabbar on the 23rd of May, 1924.4. The case, as far as the first accused Sheik Yusuf was concerned, was adjourned and was finally disposed of by the learned Magistrate on the 2nd of Jane, 1924...
Rahimaddi Jamadar Vs. Sher Ali and ors.
Court: Kolkata
Decided on: Aug-14-1924
Reported in: AIR1925Cal399a,85Ind.Cas.357
Chotzner, J.1. This is a Reference by the learned Additional District Magistrate of Bakarganj recommending that the order made by the learned Sub-Divisional Officer of Patukali should be vacated.2. It appears that there was a proceeding under Section 133 of the Code of Criminal Procedure with regard to a certain bundh upon the Kashinath Khal. An application for its removal was made by the first party to those proceedings and objections were raised by the second party. A conditional order was drawn up by the Magistrate and a jury was appointed and they made certain suggestions which the Magistrate accepted with regard to the form of the order, passing an order in this form on the 12th of October, 1923: ' The conditional order of removing the bundh is therefore made absolute with this modification that the bundh be reconstructed from Agrahayan of each year and removed again at the end of Chaitra at the cost of both parties equally in future.'3. A Reference questioning the legality of thi...
Mahammad YasIn Vs. Emperor
Court: Kolkata
Decided on: Aug-14-1924
Reported in: AIR1925Cal782
Walmsley, J.1. The Appellant was the Chairman of the Union Committee at Chatmohor in the District of Pabna, and he has been convicted under Sections 218, 409 and 477-A of the Indian Penal Code. A concurrent sentence of three months has bean passed under each of the Sections 218 and 409,I. P.C. There was also a fine imposed under Section 409,I. P.C., and no sentence was passed separately on the accused under Section 477-A, I.P.C.2. The first point which is urged on behalf of the Appellant is that the proceedings were bad because there was no sanction, given by the Local Government as required by Section 197, Cr. P.C. I do not think there is any substance in this objection because it appears that a member of the Union Committee can be removed under certain circumstances by a Commissioner, so that it cannot be said of him that he is not removable from his office save by the Local Government.3. The second objection is that there was no compliance with the provisions of Section 360, Cr. P.C...
Azam Khan Vs. Umedali Moral and ors.
Court: Kolkata
Decided on: Aug-14-1924
Reported in: AIR1925Cal1223,85Ind.Cas.750
1. This is an appeal by the auction- purchaser in a sale pursuant to a rent decree. One of the judgment-debtors applied under Section 173 (3), Bengal Tenancy Act, to have the sale set aside mainly on the ground that the auction-purchaser was a benamidar for one of the judgment-debtors, viz., Chand Khan. The First Court dismissed the application on several grounds. The learned Subordinate Judge in appeal held that the auction-purchaser was the benamidar of one of the judgment debtors, Chand Khan, and in that view set aside the. sale. The auction-purchaser appeals from this decision; and a preliminary objection has been taken to the competency of the appeal on the ground that no second appeal lies in the present case.2. Section 173, Bengal Tenancy Act, does not confer any right of appeal, nor does any other provision of the Bengal Tenancy Act or any other Act provide for an appeal against an order passed under Section 173, Bengal Tenancy Act. But it has boon held, that where the question...
A.H. Turner Vs. Emperor
Court: Kolkata
Decided on: Aug-14-1924
Reported in: AIR1926Cal425
Mukerji, J.1. The appellant was tried by the Chief Presidency Magistrate of Calcutta on charges under Section 468, I.P.C., Section 471, read with Section 465, I.P.C., and Section 420, read with Section 511, I.P.C., or in the alternative under Section 385, I.P.C. He has been acquitted of the charge under Section 468, I.P.C., arid convicted on the other charges. The learned Magistrate sentenced him to six months' rigorous imprisonment on the charge under Section 471, read with Section 465, I.P.C., and to six months' rigorous imprisonment under Section 420, read with Section 511, I.P.C., or in the alternative under Section 385, I.P.C., the two sentences to run consecutively. It is not necessary for us in the present appeal to deal with the facts of the case inasmuch as at the very outset we are met with a difficulty which arises by reason of the fact that the document which the appellant is said to have used and in consequence of which the charge under Section 471, read with Section 465, ...
Mahmad YasIn Vs. Emperor
Court: Kolkata
Decided on: Aug-14-1924
Reported in: (1925)ILR52Cal431
Walmsley, J.1. The appellant was the chairman of the Union Committee at Chatmohar in the district of Pabna, and he has been convicted under Sections 218, 409 and 477 of the Indian Penal Code. A concurrent sentence of three months has been passed under each of the Sections 218 and 409 of the Indian Penal Code. There was also fine imposed under Section 409 of the Indian Penal Code, and no sentence was passed separately on the accused under Section 477 of the Indian Penal Code.2. The first point which is urged on behalf of the appellant is that the proceedings were bad because there was no sanction given by the Local Government, as required by Section 197 of the Criminal Procedure Code. I do not think there is any substance in this objection, because it appears that member of the Union Committee can be removed under certain circumstances by Commissioner. So that it cannot be said of him that he is not removable from his office save by the Local Government.3. The second objection is that t...
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