Kolkata Court January 1926 Judgments
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Emperor Vs. ColIn Mackenzie Mackay
Court: Kolkata
Decided on: Jan-05-1926
Reported in: AIR1926Cal470
Walmsley, J.1. The petitioner gave evidence in a case tried by the Chief Presidency Magistrate. Part of his evidence was regarded as false and the learned Magistrate deemed it necessary to take proceedings under Section 476, Criminal P.C. He accordingly drew up a complaint. This complaint he preferred in his own Court and then he transferred it to Mr. Khan, Presidency Magistrate, for disposal. The latter issued process, held an enquiry and committed the petitioner for trial. Objection was taken at the trial that the commitment was illegal, but the presiding Judge, Mr. Justice B.B. Ghose, overruled the objection. The petitioner was then tried and convicted. The learned Advocate-General, under the provisions of Clause 26 of the Letters Patent, has granted a fiat certifying that in his judgment the questions whether under Section 476, Criminal P.C., the Chief Presidency Magistrate was competent to make a complaint to himself or take cognizance of the said case and transfer the same and wh...
Srimati Hemangini Dasi Vs. Emperor
Court: Kolkata
Decided on: Jan-04-1926
Reported in: AIR1926Cal944,97Ind.Cas.42
Duval, J.1. The facts of this case are as follows:One Hemangini Dasi had a son, Hari Charan Das, by her husband. After her husband died she left the family and lived with one Satya Dawan by whom she had two daughters. Satya appeared to have deserted her and subsequently died. Hemangini is now living as a prostitute in a brothel. The two girls after Hemangini became a public prostitute were 'being brought up respectably at Hari Das's house. They are now of the ages of 12 and 10 years respectively.2. The Police received an anonymous petition dated the 19th May and in consequence under the provisions of the Calcutta Sup-pression of Immoral Traffic Act, 1923, a search was made and the two girls were discovered living with Hemangini in a public brothel at 14, Rambagan Lane. They were produced before the Honorary Magistrate of the Juvenile Court who has ordered their detention until they attained the age of 18 in a rescue home.3. Against this order a Rule has been obtained on the sole ground...
Ram Chunder Serowgie and anr. Vs. Gowri Nath Dutt
Court: Kolkata
Decided on: Jan-04-1926
Reported in: AIR1926Cal927,97Ind.Cas.376
Lancelot Sanderson, C.J.1. This is the plaintiffs' appeal from the judgment of Mr. Justice Chotzner delivered on the 19th of January, 1925, whereby he dismissed the suit.2. The suit was brought on the 8th of February, 1922, by the plaintiffs, as lessees, against the defendants who were the lessors or the representatives of some of the deceased lessors.3. The lease was dated the 1st of October, 1919, and it was in respect of premises called 13, Puggyaputty Street in Calcutta, and the lessors agreed to grant the lease, upon the lessees paying to the lessors a salami of Rs. 80,000 by two equal instalments, one of which was to be paid by the lessees at or immediately before the execution of the lease and the other was to be paid by the lessees to the lessors within three years from the date thereof, the lessees giving security for the sum of Rs. 50,000 to the satisfaction of the lessors. It was witnessed that in pursuance of the premises and in consideration of the rent thereby reserved in...
Abdul Rahaman Haji HosseIn Vs. Gourhari Ghose
Court: Kolkata
Decided on: Jan-04-1926
Reported in: 95Ind.Cas.629
Greaves, J.1. This is an appeal by the decree-holder against a decision of the District Judge of Howrah, dated the 8th August 1921 On the 11th December 1922 a decree was passed on the Original Side of this Court for a sum of Rs. 3,685 against the respondent in this appeal, Gourhari Ghose. The decree was passed ex parte. In the title suit in which the decree was passed Gourhari is described as the sole surviving partner of the Firm of Rasiklal Ghose-Kanyalal Ghose carrying on business at the address there stated and the decree was passed against Gourhari in this capacity. On the 5th Jane 1923 the decree was transmitted to Howrah for execution. Proceedings for attachment of the moveable properties of the judgment-debtor were taken by the decree-holder but this proved infructuous, Accordingly, on the 13th May 1924. the decree-holder applied to execute the decree against the immoveable properties of Gourhari, On the 17th June 1924 a petition of objection was preferred on behalf of Gourhari...
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