Kolkata Court January 1927 Judgments
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Sarat Chandra Khan Vs. Upendra Nath Bose
Court: Kolkata
Decided on: Jan-31-1927
Reported in: AIR1927Cal623,103Ind.Cas.235
Rankin, C.J.1. The first question is whether this appeal was brought out of time. The order appealed from was pronounced on the 26th June 1926 and the memorandum of appeal was filed on the 6th November 1926, the last day of the long vacation. The law gives to an appellant twenty days excluding the time requisite for obtaining a copy of the order appealed from. Oases which show how this rule is to be applied to the rules and practice of this Court on the Original Side are Nibaran v. Martin & Co. [1920] 32 C.L.J. 127, Pramatha 8 Lee [1919] 23 C.W.N. 563, Gobind v. Official Assignee : AIR1925Cal291 , Kamrudin v. Mitter : AIR1925Cal735 .2. These decisions show (i) that a copy of the order must be applied for within twenty days of its being pronounced and (ii) that it will be of no avail to apply for such copy unless within the twenty days a requisition to draw up the order has been given either by the appellant or by some other party to the cause. Even if these conditions are complied with...
Haji Ayub Mandal Vs. Emperor
Court: Kolkata
Decided on: Jan-31-1927
Reported in: AIR1927Cal680,103Ind.Cas.545
C.C. Ghose, J.1. In Appeal No. 626, the appellant is Haji Ayub Mandal and in Appeal No. 668 the appellants are Nityananda and Deresh. The last named persons have preferred Appeal No. 668 from jail, but the appeal of Haji Ayub Mandal (No. 626) has been placed before us at considerable length by Mr. Basu. The two sets of appellants were convicted by the learned Sessions Judge of Murshidabad and a jury under Section 395 of the Indian Penal Code and the learned Judge agreeing with the verdict of the jury sentenced the appellant Haji Ayub Mandal to four years, the appellant Nityananda to five years and the appellant Deresh to two years' rigorous imprisonment.2. It appears from the evidence on the side of the prosecution that on or about the 18th of March 1923 there was a dacoity in the house of one Radhaballav who resided in village Goas, police station Raninagar in the district of Murshidabad. On the 19th of March one Jamini Kanta Saha, a nephew of Radhaballav, lodged the fir3t information...
Azimuddy and anr. Vs. Emperor
Court: Kolkata
Decided on: Jan-28-1927
Reported in: AIR1927Cal398,101Ind.Cas.661
C.C. Ghose, J.1. The appellants before us are two in number. They were charged along with four other accused persons before the learned 2nd Additional Sessions Judge of Bakerganj and a jury with having committed offences under Sections 120B, 395 and 396 of the Indian Penal Code. The jury did not bring in a verdict against the accused under Section 396, but, so far as the two appellants are concerned, they brought in a verdict of gulty under Sections 395 and 120B, Indian Penal Code. The learned Judge agreeing with the verdict of the jury sentenced each of the two appellants to undergo seven years' rigorous imprisonment.2. In this appeal which has been argued by Mr. Taluqdar five points have been taken for the purpose of showing that the learned Judge's charge to the jury is open to the comment that there have been misdirections in it and for the purpose of inducing us to interfere with the verdict of the jury.3. Mr. Taluqdar's first point is that in the events which happened the deposit...
Harbhajjan Sao Vs. King-emperor
Court: Kolkata
Decided on: Jan-27-1927
Reported in: AIR1927Cal527
1. This rule has been obtained on the grounds, two of which relate to the legality of the search made by the excise officer and the third to the reception in evidence of an alleged confession made by the accused petitioner. The case for the prosecution is that the petitioner lived in premises No. 57/2 Baloram Ghose's Lane. On receipt of certain information the Excise Sub-Inspector raided the house and found in two rooms excisable articles such as French liquor and cocaine. He held the search in the presence of three witnesses two of whom have been examined in the ease. These witnesses deny that they were present during the whole search or that certain articles said to have been found in the different places were found in those places in their presence. The learned Presidency Magistrate has suspected the veracity of these witnesses and has convicted the petitioner for an offence under Section 46 of the Bengal Excise Act (V of 1909), and sentenced him to three months' rigorous imprisonme...
Tuka Mia Vs. King-emperor
Court: Kolkata
Decided on: Jan-27-1927
Reported in: AIR1927Cal936a,101Ind.Cas.606
C.C. Ghose, J.1. In this case we are of opinion that the only course open to us hiving regard to what is stated below, is to set aside the verdict of the jury and the sentence passed upon the accused and to order that the accused be retried according to law. The course that has been forced upon us in this case is one which we adopt with very great regret.2. On a previous occasion the present appellant's case had come before this Court and it was then ordered that the accused should be retried, the conviction and sentence being set aside. That was sometime early last year. There has been a retrial in accordance with the previous order of this Court and the present accused has been convicted under the second part of Section 304. I.P.C., and sentenced to suffer rigorous imprisonment for ten years.3. On the present appeal it has been contended before us that it is impossible to make out from the charge itself it being so scrappy and insufficient as it appears on the record before us with a...
Harbhanjan Sao (Sha) Alias Bechan Sha Vs. Emperor
Court: Kolkata
Decided on: Jan-27-1927
Reported in: 102Ind.Cas.547
1. This Rule has been obtained on three grounds, two of which relate to the legality of the search made by the Excise Officer and the third to the reception in evidence of an alleged confession made by the accused petitioner. The case for the prosecution is that the petitioner lived in premises No. 57/2, Baloram Ghose's Lane. On receipt of certain information the Excise Sub-Inspector raided the house and found in two rooms excisable articles such as French liquor and cocaine. He held the search in the presence of three witnesses two of whom have been examined in the case. These witnesses deny that they were present during the whole search or that certain articles said to have been found in the different places were found in those places in their presence. The learned Presidency Magistrate has suspected the veracity of these witnesses and has convicted the petitioner for an offence under Section 46 of the Bengal Excise Act (V of 1909) and sentenced him to three months' rigorous imprison...
Satish Chandra De Sarkar Vs. Rakhal Chandra Saha and ors.
Court: Kolkata
Decided on: Jan-26-1927
Reported in: AIR1928Cal189
M.N. Mukerji, J.1. This rule arises out of an application under Order 21, Rule 90, Civil P.C. which was filed on behalf of the judgment-debtors on the 4th April 1925 in connexion with a sale that had taken place on the 11th January 1922. In the application as originally filed the auction-purchaser was not made a party. He applied on 5th September 1925 to be made a party to the proceedings and on that day an order was made to the effect that he should be made a party. The application was dealt with on its merits by the learned Munsif of Narainganj who on 80th October 1925 set aside the sale and directed the decree-holder to take steps for re-sale of the property. From this order appeals were preferred by the judgment-debtors as well as by the auction purchaser and the result of these appeals was that the learned Additional District Judge of Dacca affirmed the order which the learned Munsiff had passed. The auction-purchaser had now moved this Court and obtained the present rule.2. The q...
Fatiar Bap and ors. Vs. King-emperor
Court: Kolkata
Decided on: Jan-26-1927
Reported in: AIR1927Cal575,103Ind.Cas.799
Mitter, J.1. This rule was issued on the District Magistrate of Mymensingh to show cause why the conviction and sentence of the petitioners should not be set aside or such other order made as this Court may deem fit and proper on grounds Nos. 1 and 2 of the petition to this Court. Ground No. 1 runs as follows:That the conviction and sentence passed upon the petitioners are bad in law for noncompliance with the provisions of Section 360 of the Criminal Procedure Code.2. It has not been shown to us that any non-compliance with provisions of Section 360, Criminal P.C. has resulted in any failure: of justice and having regard to the decision of the Judicial Committee which disapproved a decision of this Court with reference to the effect of the provisions of Section 360, we think this ground in revision fails.3. The second ground on which the rule was issued ran to the effect that the conviction and separate sentence against the Petitioners on charges under Sections 323, 324 and 325, I.P.C...
Nabu Sahu and ors. Vs. Kamdev Maity and ors.
Court: Kolkata
Decided on: Jan-26-1927
Reported in: AIR1928Cal179
Mukerji, J.1. This Rule is directed against an order passed by the Munsif, Second Court, Tamluk, on the 13th November 1926. The petitioners had applied under Order 21, Rule 100, Civil P.C., in connexion with an execution case that was pending in the Court of the learned Munsif. The application was registered as a claim case and was taken up for hearing on the 2nd July 1926, when the decree-holder, not having appeared the petitioners' claim was allowed. On the 22nd July 1926 the decree-holder filed an application under Order 9, Rule 13, Civil P.C., for setting aside the aforesaid ex-parte order and for the re-hearing of the claim case. The learned Munsif dealt with this matter on the 13th November 1916. He came to be of opinion that there was some mistake somewhere in consequence of which the decree-holder was unable to appear on the day on which the claim case was heard. He held, however, that Order 9, Civil P.C., was not applicable to applications arising out of execution proceedings,...
imperial Tobacco Co. Vs. Albert Bonnan
Court: Kolkata
Decided on: Jan-21-1927
Reported in: AIR1928Cal1
Rankin, C.J.1. This suit was instituted in January 1925 for the recovery of about seven and half lakhs of rupees as damages for a variety of acts done by the defendant company. It was stated in the plaint that no part of the cause of action arose before February 1922.2. The plaintiff towards the end of 1921 bought a large quantity of Gold Flake cigarettes on the terms that they should not be sold in Great Britain. The goods were two years old, they were made up in packets or cartons of tin, and 25,000 cigarettes in their cartons were packed in a strong tin-lined case. This brand of cigarettes is very well known as : having originally been the manufacture of W.D. & H.O. Wills, of Bristol whose successors in business are.the British American Tobacco Company Limited. The goods so bought by the plaintiff had (under a temporary arrangement necessitated apparently by the war) been manufactured in America and were part of a very large number of cigarettes which had originally been intended fo...
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