Kolkata Court January 1925 Judgments
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Ledu Molla and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-15-1925
Reported in: AIR1925Cal872
1. The 18 appellants before us in these two appeals had been convicted of an offence punishable under Section 400 of the Indian Penal Code, namely, of belonging to a gang of dacoits. One of the appellants, Ledu Molla, was convicted on his plea of guilty. The other 17 have been convicted on a unanimous verdict of guilty by the Jury. In this case 171 witnesses ware examined for the prosecution, 35 witnesses were examined for the defence, and one witness was examined by the Court. There were also 69 documents exhibited on behalf of the prosecution. As there is no appeal on the facts, it is unnecessary for us to discuss this evidence, The learned Sessions Judge has dealt with it carefully and at sufficient length in his charge to the Jury.2. On behalf of the appellants the points taken are that there has been misdirection and also wrongful admission of evidence on certain points. The first point raised is that in a trial for an offence punishable under Section 400 of the Indian Penal Code ...
Jnanendra Nath Singha Roy Vs. Rakhyakali Debi
Court: Kolkata
Decided on: Jan-15-1925
Reported in: AIR1925Cal1245,87Ind.Cas.986
1. This is an appeal by the plaintiff in a rent suit against a decision of the District Judge of Nadia confirming a decision of the Munsif of Ranaghat. The landlord sued for rent for the years 1324 to 1326 and the defence was that the tenancy was a permanent one; and, secondly, that the tenancy had been transferred to one Lolit, who had been subsequently recognized by the landlord as his tenant. The first Court accepted the contentions of the defence and held that the tenancy was a permanent one and that Lolit had been recognized, and in the result dismissed the suit for rent. The lower appellate Court held that the transfer had not been established inasmuch as the deed which purported to transfer the tenancy had not been proved and that it was not established that the, tenancy was a permanent one, and the learned Judge went on to find that by virtue of certain dakhilas it was established that the landlord had recognized Lolit as his tenant. In the circumstances, be agreed with the con...
Ledu Molla Vs. Emperor
Court: Kolkata
Decided on: Jan-15-1925
Reported in: (1925)ILR52Cal595
Newbould and Ghose, JJ.1. The 18 appellants before us in these two appeals have been convicted of an offence punishable under Section 400 of the Indian Penal Code, namely, of belonging to a gang of dacoits. One of the appellants, Ledu Molla, was convicted on his plea of guilty. The other 17 have been convicted on a unanimous verdict of guilty by the Jury. In this case 171 witnesses were examined for the prosecution 35 witnesses were examined, for the defence, and one witness was examined by the Court. There were also 69 documents exhibited on behalf of the prosecution. As there is no appeal on the facts, it is unnecessary for us to discuss this evidence. The learned Sessions Judge has dealt with it carefully and at sufficient length in his charge to the Jury.2. On behalf of the appellants the points taken are that there has been misdirection and also wrougful admission of evidence on certain points. The first point raised is that in a trial for an offence punishable under Section 400 o...
Chandra Kumar Kritiratna Bhattacharjee and ors. Vs. Alam Khan and ors.
Court: Kolkata
Decided on: Jan-15-1925
Reported in: 87Ind.Cas.546
Mukerji, J.1. The only question in this appeal is as to whether the document, Ex. A in the case, is a deed of mortgage by conditional sale or a deed of an out-and-out sale with the condition of re-purchase attached to it. The Courts below have held that the document in question is one of an-out-and-out sale with a condition of re-purchase.2. It is contended on behalf of the appellants that this view is not correct and that there are indications which can well be gathered from the terms of the document which go to show that the transaction was really one of mortgage by way of conditional sale. It is stated that in the first part of the document all sorts of rights are undoubtedly conferred upon the vendee but that towards the end of the document there is a clause to the effect that if within a period of seven years a particular amount, namely, the consideration mentioned in the document was not re-paid then the vendor will have to give up the land and in that case the sale would become ...
Ledu Molla and ors. and Asmatali Mirdha and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-15-1925
Reported in: 87Ind.Cas.925
1. The 18 appellants before us in these two appeals have been convicted of an offence punishable under Section 400, Indian Penal Code, namely, of belonging to a gang of dacoits. One of the appellants Ledu Molla was convicted on his plea of guilty. The other 17 have been convicted on a' unanimous verdict of guilty by the Jury. In this case 171 witnesses were examined for the prosecution, 35 witnessess were examined for the defence and one witness was examined by the Court. There were also 69 documents exhibited on behalf of the prosecution. As there is no appeal on the. facts it is unnecessary for us to discuss this evidence. The learned Sessions Judge has dealt with it carefully and at sufficient length in his charge to the Jury.2. On behalf of the appellants the points taken are that there hate been misdirection and also wrongful admission of evidence on certain points. The first point raised is that in a trial for an offence punishable under Section 400, Indian Penal Code the evidenc...
indra NaraIn Manna Vs. Sarbasova Dasi
Court: Kolkata
Decided on: Jan-14-1925
Reported in: AIR1925Cal743
Suhrawardy, J.1. These two groups of appeals arise out of rent suits brought by the plaintiff in respect of the 16 annas rent for 1326 and a portion of 1327 B.S. The defence of the tenants was that the plaintiff was not entitled to more than 8 annas share of the rent. In the first group of cases the Court of first instance dismissed the plaintiff's suit on the ground that she had not acquired a title in respect of 8 annas of the property, and with reference to the other 8 annas the claim was dismissed as the plaintiff failed to prove separate collection. On appeal by the plaintiff the learned Subordinate Judge decreed the plaintiff's suit for the entire 16 annas of the rent. The first group of appeals therefore are from the decrees of the lower Appellate Court by the tenant of defendants. In the second group of cases the Court of first instance (presided over by a different officer) decreed the plaintiff's suits in full and on appeal by the tenants the Subordinate Judge (who was a diff...
NabIn Chandra Chakrabarti and ors. Vs. Rustom Ali Chowkidar and ors.
Court: Kolkata
Decided on: Jan-14-1925
Reported in: AIR1925Cal1086
Suhrawardy, J.1. The appeals arise out of applications made by the appellants under Section 105 of the Tenancy Act for enhancement of rents of the tenants under Section 30 of the Tenancy Act.2. These appeals relate to several khatians but it is not necessary to refer to each one of them as we are of opinion that the finding of the Courts below with reference to these khatians except khatian No. 50 are based upon facts and cannot be disturbed in second appeals.3. With reference to khatian No. 50 the lower Appellate Court has held that the tenant is a tenure-holder. He was also so described in the finally published Record-of Rights. The learned Special Judge has come to his conclusion on a consideration of the fact that the present tenant does not belong to the agricultural class. The Assistant Settlement Officer did not come to any definite finding upon the status of this tenant. The plaintiffs rely upon a kabuliyat, dated the 10th Kartic 1298 B.S. in order to show that the defendant is...
Jatindra NaraIn Bhaduri and ors. Vs. Chandra Nath Pramanik and ors.
Court: Kolkata
Decided on: Jan-14-1925
Reported in: AIR1925Cal1247,87Ind.Cas.742
Cuming, J.1. This appeal arises out of a certain execution proceeding. The facts are as follows: Some estate belonging to the well-known Tagore family of Calcutta was sold in execution of a mortgage-decree and purchased by the present applicant together with all moneys due from tenants in respect of arrears of rent and cesses or other-wise payable to the proprietors. The purchaser under the terms of his purchase seeks to execute against the present appellants a certain decree which had been obtained by the Tagores against the present appellants on the 28th January 1919. 1 he purchase at the execution sale was made in December 1919. The judgment-debtors contend that the expression 'with all money due from the tenants in respect of arrears of rent' does not include arrears of rent which have been merged into a decree. They would seem to contend that if it had been intended to sell such arrears of rent as had been merged into a decree the sale-certificate would have mentioned the same spe...
NabIn Chandra Chakrabarti and ors. Vs. Rustom Ali Chowkidar and ors.,
Court: Kolkata
Decided on: Jan-14-1925
Reported in: 87Ind.Cas.903
Suhrawardy, J.1. These appeals arise out of applications made by the appellants under Section 105 of the Tenancy Act for enhancement of rents of the tenants under Section 30 of the Tenancy Act.2. These appeals relate to several khatians but it is not necessary to refer to each one of them as we are of opinion that the findings of the Courts below with reference to these khatians except khatian No. 50 are based upon facts and cannot be disturbed in second appeals.3. With reference to khatian No. 50 the lower Appellate Court has held that the tenant is a- tenure-holder. He was also so described in the finally published Record of Rights. The learned Special Judge has come to this conclusion on a consideration of the fact that the present tenant does not belong to the agricultural class. The Assistant Settlement Officer did not come to any definite finding upon the status of this tenant. The plaintiffs rely upon a kabuliyat, dated the 10th Kartic 1298 B.S. in order to show that the defenda...
indra NaraIn Manna and ors. Vs. Srimati Sarbasona Dasi
Court: Kolkata
Decided on: Jan-14-1925
Reported in: 87Ind.Cas.930
Suhrawardy, J.1. These two groups of appeals arise out of rent suits brought by the plaintiff in respect of the 16-annas rent for 1326 and a portion of 1327 B.S. The defence of the tenants was that the plaintiff was not entitled to more than 8-annas share of the rent. In the first group of cases- the Court of first instance dismissed the plaintiff's suit on the ground that she had not acquired a. title in respect of 8-annas of the property, and with reference to the other 8-annas the claim was dismissed as the plaintiff failed to prove separate;, collection. On appeal by the plaintiff the learned Subordinate Judge decreed the plaintiff's suit for the entire 16-annas of the rent. The first group of appeals, there-fore, are from the decrees of the power Appellate Court by the tenants-defendants. In the second group of cases the Court of first instance (presided over by a different officer) decreed the plaintiff's suit in full and on appeal by the tenants the Subordinate Judge (who was a ...
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