Kolkata Court July 1926 Judgments
Debendra Lal Khan Vs. Secretary of State for India
Court: Kolkata
Decided on: Jul-30-1926
Reported in: AIR1927Cal403,103Ind.Cas.13
1. This is an appeal by the plaintiff against a decision of the Subordinate Judge of the 1st Court of Midnapur dismissing his suit except as regards that portion of the river, which was in dispute in the suit, which extends from Bhoora Khal to Benasooli Khal.2. The dispute, relates to the portion of the river Kansabati or Cossye which extends from Kankapati Ghat to Patra, this portion is some 12 miles long. The river rises in the hills of Chota Nagpur and enters the District of Midnapur, and the river is a tributary of the Haldi which flows into the river Hooghly.3. The plaintiff claims the portion of the river in dispute (except the portion marked A, B, C, D on the map, Ex. 1, and a certain portion 400 ft. to the east and 100 ft. to the west of the Midnapur Anicut) as part of his permanently settled estate, his contention being that it was settled with his predecessors-in-title at the time of the Permanent Settlement, and in support of this claim he relies on the fact that at the time...
Tag this Judgment!P.K. Chakravarty Vs. Emperor
Court: Kolkata
Decided on: Jul-30-1926
Reported in: 97Ind.Cas.738
George Claus Rankin, J.1. In this case the appelant. Mr. P.K. Chakravarty, has been ordered to enter into his own recognizance in the sum of Rs. 500 to be of good behaviour under Section 108, Cr, P.C. The order has been made in respect of an article in the issue for the 27th April of this year of a newspaper called the Forward which is a newspaper printed in English and circulating in Calcutta. The circumstances at the time of the publication are shortly these. An outbreak of rioting having occurred some little time before in parts of this city, it was after some time brought to notice that one of the causes of this outbreak, or, at least of its continuance, was the fact that certain people were circulating inflammatory leaflets in the vernacular in the streets, leaflets calculated to incite members of different communities to violence against one another. The particular pamphlet which is animadverted on in the article in question was a pamphlet in Urdu printed on yellow paper and circ...
Tag this Judgment!Rasul Khan Vs. Emperor
Court: Kolkata
Decided on: Jul-29-1926
Reported in: AIR1927Cal61
Duval, J.1. The facts out of which this Rule arises are as follows : The complainant is one Mathoo. His case is that he owned 4 buffaloes which apparently-strayed away and were finally taken to the pound by some Goalas who found them grazing at the Alipore Cantonment. Subsequently those buffaloes not being claimed within ten days, were sold, it is stated, under the provisions in force in this military pound and they were purchased by the present petitioner. Subsequently the complainant recognized two of his buffaloes going along the Upper Circular Road. He then discovered that they were in the possession of the present petitioner as also the other buffaloes. He then brought the case. Nathoo and another person were put on their trial before the Sub-Deputy Magistrate of Sealdah, exercising first class powers and were convicted and sentenced to three months' rigorous imprisonment under Section 411, Indian Penal Code. It may be added that when the case was started the buffaloes were handed...
Tag this Judgment!Syed Mahomed Maliha and ors. Vs. Chowdhury Mahomed Ismail Khan and ors ...
Court: Kolkata
Decided on: Jul-23-1926
Reported in: AIR1927Cal203
1. This is an appeal by the defendants and it arises out of a suit for partition. The judgment in the trial Court was delivered on June 27, 1916. The defendants had no ground of complaint against the decree which was drawn up in accordance with it. Their grievance is against the decree which was prepared by amending the decree as originally made on March 24, 1925. The circumstances which gave rise to the appeal are somewhat novel in our experience.2. There is no dispute as regards the shares of the parties. The plaintiff is entitled to two-thirds share and the defendants are entitled to one-third share of the property. Two commissioners were appointed to effect a partition. Each of them appeared, previous to their being appointed as commissioners, as pleader for one of the parties. These commissioners made a report, and after making elaborate enquiry they made a division of the properties in dispute. Their final report is dated the 17th June 1916. The properties consisted of superior r...
Tag this Judgment!Bali Ram Kalwar and anr. Vs. Sitaram Kalwar
Court: Kolkata
Decided on: Jul-23-1926
Reported in: AIR1926Cal1173,97Ind.Cas.948
Mukerji, J.1. This Rule has been issued at the instance of two accused persons, the case against whom is now pending in the Court of Rai G.N. Mukherjee Bahadur, Honorary Presidency Magistrate. The petitioners were originally tried on a charge under Section 500, Indian Penal Code, by the same learned Magistrate and were convicted and sentenced in respect of that charge. They moved this Court against the said conviction and sentence with the result that the same were set aside and a re-trial of the case, was ordered. At the time when the order of this Court was pronounced the petitioners undoubtedly should have raised the question as to who should be the Magistrate to try the case. Unfortunately, however, this was not done and the explanation that is offered as to why it could not be done does not seem to me to be altogether an unreasonable one. It appears, however, that when the records went down to the Court of the Presidency Magistrate the case was taken up by the Additional Chief Pre...
Tag this Judgment!Moslem Mandal and anr. Vs. Emperor
Court: Kolkata
Decided on: Jul-23-1926
Reported in: AIR1926Cal1224
Rankin, J.1. In this case I am of opinion that the Rule must be made absolute. The applicants before us entered into a bond as sureties for one Maniraddi and that bond was that Maniraddi should be of good behaviour to the King-Emperor for three years. Now that being so in a proceeding under Section 512, Criminal P.C., it was open to the Magistrate to hold an enquiry, to take evidence and to come to a conclusion that Maniraddi had during those three years committed an offence. He was obliged to hold enquiry upon notice to the sureties. What in fact the Magistrate did was this: He heard certain evidence, namely, the evidence of five witnesses on the 24th February of this year. The evidence of those witnesses taking them all together was not such as could possibly ground a finding against Maniraddi that he had in fact committed any offence whatsoever. One cannot convict a person of burglary on the ground that he has been reasonably suspected by the police in connexion with the offence. Ha...
Tag this Judgment!Bhusan Chandra Hazrah Vs. Kanai Lal Addya and anr.
Court: Kolkata
Decided on: Jul-16-1926
Reported in: AIR1927Cal73
Roy, J.1. The accused in this case 7 in number pleaded guilty to a charge under the latter part of Section 304 read with Section 149, Indian Penal Code. The circumstances which led to the death of Hem Kumar Hazra are as follows : On the 16th April last he was called out of his bed by Chandra Kumar Pal to a tank filled up land where ho was attacked by several people with fists and kicks and apparently the kicking was continued until he collapsed. He was carried homo and he complained of great pain in the abdomen. Thereafter he was taken to the hospital where the Assistant Surgeon examined him and found a number of injuries. On the 18th April, Hem Kumar died of peritonitis and it appears that that was due to the internal injuries received on his abdomen on the night of the 16th April. When the case was taken up before the learned Additional Sessions Judge of Howrah the accused pleaded guilty and the Judge accepted the plea and dealt with four of the accused namely Kanai, Bepin, Abani and...
Tag this Judgment!AhamuddIn and ors. Vs. Banku Behary Dutt and ors.
Court: Kolkata
Decided on: Jul-16-1926
Reported in: AIR1927Cal305
1. This Rule was issued upon the Opposite Party to show cause why the order of the Rent Controller in Standard Case No. 3 of 1926, dated the 10th April 1926, should not be set aside or such other order made as to this Court might seem fit and proper. The facts relevant to the pre3ent case are that the premises belonged to the Opposite Party representing the estate of one Raj Narain Dutt, deceased. The present petitioner became the tenant under the Opposite Party in 1925 in respect of the premises No. 29/1, Phear Lane. These premises were in the occupation of tenants previously and in 1921 one of the sub-lessees applied for standardization of rent to the Rent Controller against his sub-tenant and the rent was fixed at a certain figure under the Rent Act. In the present case the petitioner applied to the Rent Controller for fixing the standard rent in the presence of the landlord. The Rent Controller was of opinion that the rent of these premises being once fixed the matter cannot be re-...
Tag this Judgment!In Re: Jajodia Cotton Mills Ltd.
Court: Kolkata
Decided on: Jul-16-1926
Reported in: AIR1927Cal612
C.C. Ghose, J.1. On the 2nd June 1926 an application was presented before me on behalf of the Japan Trading Co., Ltd., for an order that the Jajodia Cotton Mills, Ltd. be wound up under the provisions of the Indian Companies Act. The usual directions for advertisement of the substance of the petition were given and the petition was made returnable on 2nd July 1926 for hearing. On the 11th 1 June 1926 the Jajodia Cotton Mills, Ltd. J made an application for an order that the Japan Trading Co., Ltd. may be res trained from proceeding with the petition for winding up presented by them, from taking any further steps in respect thereof, and from issuing any further advertisements, and the said petition be struck out and taken off the file and proceedings thereunder stayed.2. The petition for compulsory winding up and the petition of the Jajodia Cotton Mills, Ltd., have come on for hearing before me together. I have had the advantage of hearing elaborate arguments on both sides. Everything t...
Tag this Judgment!Kalipada Basu and ors. Vs. Fort Gloster Jute Manufacturing Co. Ltd.
Court: Kolkata
Decided on: Jul-15-1926
Reported in: AIR1927Cal365
Mukerji, J.1. The plaintiffs are the five sons of one Tarak Nath Bose, deceased. Tarak Nath Bose and Hare Krishna Bose were two brothers. The latter died in 1881 leaving a widow who also died on the 7th November 1921. The former died on the 9th September 1921.2. The plaintiffs' case appears to be as follows : The properties described in Schedule Ka to the plaint belonged to the joint family of the said two brothers. They consist of two items, Plot No. 1 being 4 bighas 10 cottahs of land held in mokurrari right under a deity Sree Sree Iswar Dakshina Ray; and Plot No. 2 being 3 bighas of land held in lakheraj right. The plaintiffs are now the owners of the said properties. In 1916 the defendant Company took forcible possession of a bigha of land out of Plot No. 1 of Schedule Ka and erected cooly huts thereon, and upon that Tarak Nath Bose, who was then an employee under the said Company, instituted a suit, being Suit No. 364 of 1916, for declaration of title, recovery of possession and m...
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