Kolkata Court March 1927 Judgments
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Durga Priya Chowdhury Vs. Durga Pada Roy and ors.
Court: Kolkata
Decided on: Mar-24-1927
Reported in: AIR1928Cal204
B.B. Ghose, J.1. This is an appeal by the plaintiff. The suit was for accounts against the principal defendant 1 for the period of his service under the plaintiff as gomasta. The other defendants were made parties as they are the representatives of one Mahendra Nath Eoy who was the surety for defendant 1. A preliminary decree was made on 11th March 1922. The final decree was made by the Subordinate Judge on 25th April 1923. In making the final decree the Subordinate Judge found that the plaintiff was entitled to get from defendant 1, Rs. 2,000 odd for not accounting for moneys received on behalf of the plaintiff. The final decree was made by him against defendants 1 to 8. It was directed that if the money was not paid by defendant 1 within a month of the date of the decree the plaintiff would be entitled to realize the money by the sale of the property hypothecated by the surety bond and if the entire sum was not realized by that, the balance was to be recovered from any property left ...
Carmen Vs. O'Brien
Court: Kolkata
Decided on: Mar-23-1927
Reported in: AIR1928Cal97
Cuming, J.1. The facts of the case out of which this rule arises are briefly as follows: On 18th October the petitioner in this rule obtained a warrant against the opposite party under Section 406, I.P.C., in the Court of the Police Magistrate at Alipur. On 9th November the case was made over by the Police Magistrate, Mr. Mahmood Ali, to Mr. S.C. Gupta for disposal. Mr. S.C. Gupta is a Magistrate exercising the powers of a Magistrate of the second class. Mr. Gupta began the trial on 9th November. When he examined one prosecution witness and adjourned the case till the 10th, when three more prosecution witnesses were examined. The trial proceeded also on 22nd November, when the accused was questioned and the charge was framed. The learned Magistrate then asked the accused if he claimed trial as a European British subject. The learned Magistrate was apparently under the impression that he was obliged to ask an accused, who apparently was a European British subject, whether he claimed to ...
Azizur Rahman Choudhury and ors. Vs. Aliraja Choudhry and ors.
Court: Kolkata
Decided on: Mar-23-1927
Reported in: AIR1928Cal527
Mukerji, J.1. This appeal has been preferred by the judgment-debtors from an order passed by the District Judge of Oachar affirming on appeal an order passed by the Sadar Munsif at Silchar overruling the judgment-debtors' objection in connexion with certain execution proceedings. The proceedings in the Courts below have been so irregular that it is necessary to set out the facts somewhat in detail in order to understand what has exactly happened. The execution proceedings relate to a decree that was passed on 23rd November 1921, in a suit which had been instituted by two persons Aliraja Choudhury and Elim Miah Chowdhury as the plaintiffs against Mansur Miah, Abdul Jalil and Azizur Rahman as the principal defendants. The decree declared the plaintiffs' right of easement on a certain pathway, directed the removal of certain obstructions that had been caused therein and granted a perpetual injunction restraining the defendants from putting up such obstructions in future. The defendants th...
Mahammad SagiruddIn and anr. Vs. Emperor
Court: Kolkata
Decided on: Mar-23-1927
Reported in: AIR1928Cal551,113Ind.Cas.280
Cammiade, J.1. The two appellants were charged with offences under Sections 295, 297 and 436, I.P.C. They were found guilty by a majority of 3:2 of the jury of offences under the first two sections. They have been found not guilty by the unanimous verdict of the jury of the offence under Section 436. The objections taken in regard to the trial are : firstly, that the procedure in empannelling the jury was illegal ; secondly, that the learned Judge did not point out to the jury that in regard to circumstantial evidence, it is necessary that the jury should find that the circumstances placed before them are not consistent with the innocence of the accused; thirdly, it has been pointed out that the learned Judge has misdirected the jury with regard to the statement of one of the witnesses to the effect that the culprits had not been recognized at the time of the occurrence; and lastly, it has been pointed out that the learned Judge is wrong in stating to the jury that there is a presumpti...
Dwijendra Nath Biswas, Narendra Nath Biswas and Surendra Nath Biswas V ...
Court: Kolkata
Decided on: Mar-22-1927
Reported in: AIR1928Cal419
1. This is an appeal on behalf of the defendants against the decree of the District Judge of Jessore modifying the decree of the Munsif, second Court of Narail, in a suit for rent brought by the plaintiff who is the respondent in this appeal. The facts are these : In the year 1884, the plaintiff's predecessor granted a dar-mourasi lease in favour of the predecessor of the defendants. The lease was with regard to a certain area of land which the District Judge has found to have been 1,183 bighas at the time when the lease was granted, It was for a consolidated rent of Rs. 176-8-0-15 gds. per year. It was obtained on payment of a selami of Bupees 1,181-4-0. All the rights which a permanent tenure-holder is entitled to get under mourasi lease was granted to the lessee, that is, he was entitled to enjoy and possess the leasehold from generation to generation with all the powers of an owner on payment of the fixed rent. It has been found by the Courts below that during the period for which ...
Dwijendra Nath Biswas and ors. Vs. Jitendra Nath Roy
Court: Kolkata
Decided on: Mar-22-1927
Reported in: 114Ind.Cas.401
1. This is an appeal on behalf of the defendants against the decree of the District Judge of Jessore, modifying the decree of the Munsif, Second Court, of Narail in a suit for rent brought by the plaintiff who is the respondent in this appeal. The facts are these: In the year 1884, the plaintiff's predecessor granted a dar-mourasi lease in favour of the predecessor of the defendants. The lease was with regard to a certain area of land which the District Judge has found to have been 1183 bighas at the time when the lease was granted. It was for a consolidated rent of Rs. 176-8 annas I5 gandas per year. It was obtained on payment of a selami of Rs. 1,181-4. All the rights which a permanent tenure-holder is entitled to get under a Mourasi lease was granted to the lessee, that is, he was entitled to enjoy and possess the leasehold from generation to generation with all the powers of an owner on payment of the fixed rent. It has been found by the Courts below that during the period for whic...
Mati Lal Lyall Vs. Premi Lyall
Court: Kolkata
Decided on: Mar-21-1927
Reported in: AIR1928Cal114
1. This is a rule against an order refusing an application for addition of a party as a co-respondent in a suit under the Indian Divorce Act. The application was rejected by the Court below. The plaintiff obtained a rule against that order. As it is not the usual practice of this Court to interfere in revision with an order made by the lower-Court in an interlocutory matter this application is rejected. If the petitioner has any real grievance on account of the adverse order by the Court below he has a right of appeal against the final order, and upon the appeal this Court will be able to pass the proper order.2. The rule is, therefore, discharged. No order is made as to costs as there is no appearance on behalf of the opposite party. ...
ismail Khan Vs. King-emperor
Court: Kolkata
Decided on: Mar-21-1927
Reported in: AIR1927Cal721
1. The appellant Ismail Khan has been convicted by the Chief Presidency Magistrate of Calcutta under Section 19 (f), Arms Act (11 of 1878) and sentenced to two years' rigorous imprisonment. The first and the only substantial ground taken on his behalf is that proper sanction not having been obtained before the proceedings against the petitioner were instituted, the trial and the conviction are bad in law. The facts of the case are that the prosecution inspector on receipt of certain information arrested the accused, with a pistol and 23 live cartridges, in the presence of search witnesses on Prem Chand Boral Street about 7 p.m. on the 6fch September last. Thereafter he took the accused to the Muchipara police station and entered a case against him under the Arms Act and searched his house. The charge was entered in the crime sheet. Sanction was secured on the 7th and the man was then sent up with a chalan and placed before the Court. The argument on his behalf is that under Section 29,...
Rajani Kanta Kayal and ors. Vs. Bistoo Moni Dassi
Court: Kolkata
Decided on: Mar-21-1927
Reported in: AIR1927Cal718
Suhrawardy, J.1. This is an appeal under Section 476B, Criminal P.C. against an order of the second Additional District Judge of 24-parganas complaining or purporting to complain under Section 476 against; the appellants recommending their prosecution under various sections of the Indian Penal Code. The fasts are that an application for the appointment as guardian of two minors was made by the third appellant Surendra Nath Haldar under an authority purported to have been given by the father of the ehildTen appointing Surendra Haldar as the guardian of the minors after the father's death. Subsquently the mother of the minors (the respondent Bistoomoni Dassi) applied to have the order appointing Surendra as the guardian of the minors revoked. In the course of these proceedings an award was filed on behalf of Surendra compromising the case on certain terms. This award was objected to by Bistoomoni and the whole case was then tried by the then Second Additional District Judge, Mr. G.N. Roy...
In Re: Krishna Kishore Adhicary and anr.
Court: Kolkata
Decided on: Mar-16-1927
Reported in: AIR1928Cal21
Page, J.1. This is an application by the Benares Bank, a secured creditor, and, as I understand, the only creditor of the estate remaining unpaid. The applicant asks that the provisions of the schema may be enforced and sets out in prayer B particulars of the relief that it seeks. There is another application by the representative of Kalidas Laik for an order annulling the scheme, upon the ground that the administration of the scheme has been carried on with negligence and irregularity, and without regard to the terms of the scheme, and, therefore, that the Court ought to hold that the schemecannot proceed without injustice or undue delay,and the scheme ought to be annulled and the debtor adjudicated insolvent under Section 31(1), Presidency Towns Insolvency Act (3 of 1909). The Bank and the widow of Mukundalal Laik, one of the debtors, oppose the application for annulment of the scheme upon the following grounds:(1) that the applicants have no locus standi to present the application; ...
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