Kolkata Court September 1924 Judgments
Kandikkalle Purayil Pannan Mayankutti and ors. Vs. Kandikkale Purayil ...
Court: Kolkata
Decided on: Sep-22-1924
Reported in: 86Ind.Cas.747
Devadoss, J.1. The first point raised in this second appeal is that the suit is maintainable. The Subordinate Judge held that the suit as laid was not maintainable. The plaintiffs did not sue for maintenance for the whole tavazhi. The plaintiffs' suit as laid was for maintenance only for certain members of the tavazhi on the ground that the tarwad had acquired some additional property after the karar, Ex. A was entered into. It was held in Makhikeyi v. Keloth Mammod 16 M.L.J. 275 that, in order to sustain a suit of this nature, all the members of the tavazhi should sue for maintenance.2. The learned Judges distinctly say 'a suit can be brought by the members for an increased allotment of lands on the property or for a money allowance.' Here, the suit not being on behalf of all the members of the tavazhi, the Subordinate Judge rightly held that the suit was not maintainable. It is urged by the Vakil for the appellant that Makhikeyi v. Kiloth Mammod 16 M.L.J. 275 has been wrongly decided...
Tag this Judgment!Lalji Ram Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Sep-18-1924
Reported in: AIR1928Cal243
Mukerji, J.1. This Rule has been issued to show cause why the conviction and sentence of the petitioner under Section 412, Calcutta Municipal Act of 1923, should not be set aside. The Rule has been issued on three of the grounds stated in the petition. In answer to the Rule the learned Magistrate has submitted an explanation to this Court in which the grounds upon which the Rule has been issued are not attempted to be met. He relies upon the record which he made of what was supposed to be an admission of guilt on the part of the petitioner. The learned Magistrate says this in his explanation:I have no personal recollection of what took place at the hearing, but it is impossible that I should have recorded the admission of the defendant who appeared without his having done so. On the charge being explained Lalji Ram admitted and pleaded guilty and thereupon I found him guilty and fined him Rs. 60, in default two months imprisonment.2. The petitioner, in his petition to this Court, alleg...
Tag this Judgment!Gokul Khatik Vs. King Emperor
Court: Kolkata
Decided on: Sep-18-1924
Reported in: AIR1925Cal674
Mukerji, J.1. The appellant Gokul Khatik has bean convicted by Mr. J.N. Sen, Honorary Presidency Magistrate under Section 420, I.P.C., and sentenced to pay a fine of Rs. 500, in default to undergo rigorous imprisonment for two months and a further order has been made directing the payment of Rs. 400 out of the fine, If realised, to the complainant as compensation. The facts of the case, shortly stated, are these: that about two years ago the complainant pledged certain gold and silver ornaments with the accused for Rs. 350, that on the 2nd January, 1924 at about 9-50 A.M., she went to the place of the accused accompanied by a number of witnesses and gave him Rs. 350 being the principal with Rs. 120 as interest due on it and wanted the ornaments back, that the accused asked the complainant to wait for sometime and promised to return the ornaments after bringing them from a person who was alleged to have kept them that the complainant waited till about 5 P.M., in the evening but the accu...
Tag this Judgment!Shama Charan Das and anr. Vs. Ashutosh Dass
Court: Kolkata
Decided on: Sep-16-1924
Reported in: AIR1928Cal263
ORDER1. The complaint filed by the opposite party was in respect of offences under Sections 448, 392, 143 and 341 I.P.C. On an examination of the opposite party on oath upon the complaint that was filed by him, the learned District Magistrate thought it proper to proceed against the accused only under Section 448. For an offence under that section intention is one of the most important ingredients, and in order to determine the intent it would be necessary to consider the circumstances under which the act was done by the accused as also the bona fide nature or otherwise of the claim which the accused may have in respect of the property itself. From that point of view the proceedings which are now pending with regard to the probate applied for by the petitioners are relevant and having regard to all the circumstances was consider it desirable that the present proceedings in the criminal Court should be stayed pending the disposal of the probate proceedings by the learned District Judge....
Tag this Judgment!Aswini Kumar Dutt and ors. Vs. Puti and ors.
Court: Kolkata
Decided on: Sep-12-1924
Reported in: AIR1925Cal678
Mukerji, J.1. One of the grounds upon which the present Rule has been issued relates to the non-compliance of the provisions of Section 360, Cr. P.C, in recording the depositions of the witnesses examined in the proceedings.2. By the terms of Section 356, Cr. P.C., the evidence of witnesses examined in inquiries under Chap. XII has to be recorded in the manner provided for by that section. Section 360, Sub-section (1) expressly refers to Section 356 and lays down that as the evidence of each witness taken under Section 356 is completed it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. Then follow Sub-sections (2) and (3) which need not be quoted. Sub-section (1) does not make any reservation or exception in respect of evidence recorded in inquiries under Chap. XII, and on the face of it makes Section 360 applicable to all evidence recorded under Section 356. On principle als...
Tag this Judgment!Aswini Kumar Dutt Vs. Puti
Court: Kolkata
Decided on: Sep-12-1924
Reported in: (1925)ILR52Cal437
Mukerji, J.1. One of the grounds upon which the present Rule has been issued relates to the noncompliance of the provisions of Section 360 of the Criminal Procedure Code in recording the depositions of the witnesses examined in the proceedings.2. By the terms of Section 356 of the Criminal Procedure Code the evidence of witnesses examined in inquiries under Chapter XII has to be recorded in the manner provided for by that section. Section 360, sub-Section (1), expressly refers to Section 356, and lays down that, as the evidence of each witness taken under Section 356 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall if necessary be corrected. Then follow sub-Sections (2) and (3) Which need not be quoted. Sub-Section does not make any reservation or exception in respect of evidence recorded in inquiries under Chapter XII, and on the face of it makes Section 360 applicable to all evidence re...
Tag this Judgment!Emperor Vs. Nani Mandal and ors.
Court: Kolkata
Decided on: Sep-11-1924
Reported in: AIR1925Cal575
Mukerji, J.1. This is a reference made by the Additional Sessions Judge of 24-Pargannas in a case in which four accused parsons were tried on a charge under Section 304, Indian Penal Code. The jury unanimously found the accused not guilty on that charge. The learned Judge being unable to agree with that verdict has made the present Reference to this Court under the provisions of Section 307, Criminal Procedure Code with the recommendation that the accused may be convicted and sentenced for an offence under Section 325, Indian Penal Code.2. It is unnecessary for me to go into the facts of the case which was put forward on behalf of the prosecution and upon the basis of which the accused were tried in the Court below; for there is one difficulty which to my mind seems to be insurmountable and in consequence of which a re-trial must, in my opinion, be ordered.3. It appears that at the close of the evidence in the case the accused were asked by the learned Sessions Judge as to whether they...
Tag this Judgment!Emperor Vs. Nani Mandal
Court: Kolkata
Decided on: Sep-11-1924
Reported in: (1925)ILR52Cal403
Mukerji, J.1. This is a reference made by the Additional District Judge of 24 Parganas, in a case in which four accused persons were tried on a charge under Section 304 of the Indian Penal Code. The jury unanimously found the accused not guilty on that charge. The learned Judge, being unable to agree with that verdict, has made the present reference to this Court under the provisions of Section 307 of the Criminal Procedure Code with the recommendation that the accused may be convicted and sentenced for an offence under Section 325 of the Indian Penal Code.2. It is unnecessary for me to go into the facts of the case which was put forward on behalf of the prosecution, and upon the basis of which the accused were tried in the Court below; for there is one difficulty which to my mind seems to be insurmountable, and in consequence of which a re-trial must, in my opinion, be ordered.3. It appears that at the close of the evidence in the case the accused were asked by the learned Sessions Ju...
Tag this Judgment!Emperor Vs. Nishi Kanta Banikya
Court: Kolkata
Decided on: Sep-04-1924
Reported in: AIR1925Cal525
Mukerji, J.1. The accused Nishi Kanta Banikya was tried by the Sessions Judge of Faridpur with the aid of a jury on a charge under Section 302, Indian Penal Code. The jury unanimously found the accused not guilty of the charge in respect of which he was triad. The learned Sessions Judge being unable to agree with that verdict has made the present reference to this Court under the provisions of Section 307, Criminal Procedure Code.2. The facts of the case are very clearly and fully set out in the learned Judge's charge to the jury and also in the letter of reference which he has submitted to this Court and it is not necessary to set out those facts over again in my judgment. Shortly stated, the prosecution case was to the effect that owing to ill-feeling which the accused entertained towards the deceased Rai Mohan De, for certain reasons which will be detailed hereafter, the accused killed the deceased on the 10th January, 1924, by administering poison in the dal and milk which the dece...
Tag this Judgment!- ‹ Prev
- Next ›