Kolkata Court March 1927 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Rahamat Sheikh and anr. Vs. King-emperor
Court: Kolkata
Decided on: Mar-16-1927
Reported in: AIR1927Cal593
Suhrawardy, J.1. This is an appeal by seven persons all of whom have been convicted under Section 147, Indian Penal Code, and sentenced to two years' and one year's rigorous imprisonment and four of them (Appellants Nos. 1 to 4) have also been convicted under Section 325, Indian Penal Code and sentenced to four and five years' rigorous imprisonment and a fine of Rs. 200 each, in default one and a half years' rigorous imprisonment the sentences of imprisonment to run concurrently. They were unanimously found guilty by a jury of five and convicted as above. The real ground upon which this appeal is based is with regard to the irregularity complained of by the accused as to the empanelling of the jury. It appears from a reference to the order-sheet of the Assistant Sessions Judge that of the jurors that were summoned to act only five were present on the day on which the case against the accused, was taken up. The learned Judge thereupon passed the following order:Among the jurors summoned...
New Beerbhoom Coal Co. Ltd. Vs. Jyoti Prosad Singh Deo
Court: Kolkata
Decided on: Mar-16-1927
Reported in: AIR1927Cal686
Mitter, J.1. This is an appeal from a decision of the learned District Judge of Burdwan, dated the 23rd June 1924, which reversed a decision of the revenue officer of Asansole, dated the 23rd September 1922. The appeal -arises out of proceedings commenced by the plaintiff who is now respondent before, us under Section 105 of the Bengal Tenancy Act, for settlement of fair and equitable rent in respect of lands recorded in Khatian No. 110 of village Kulla Thana, Asansole, in the names of the defendants as permanent non-mokarari tenure-holders under the plaintiff-respondent. The defendants-appellants contested the case on the ground that they are holding the disputed land in respect of which proceedings under Section 105 were started on a fixed rental as a permanent, heritable, transferable and mokarari kheraji brahmoter tenure and that the rent of the tenure is not liable to enhancement at any time.2. The settlement officer held that the defendants-appellants established that they had be...
Nalinakha Sinha Vs. Ram Taran Pal and ors.
Court: Kolkata
Decided on: Mar-16-1927
Reported in: AIR1927Cal733
B.B. Ghose, J.1. This is an appeal by defendant 6 against the judgment and decree of the District Judge of Murshidabad reversing those of the Subordinate Judge of that place. Two plaintiffs brought the suit out of which this appeal has arisen. Defendant 1 was the zamindar of the property in question. He gave a usufructuary mortgage of the property to defendants 2 to 5 with possession. 'Within the zamindari there was a patni which is said to have been in the possession of pro forma defendants 7 to 12. Defendants 2 to 5 being in possession of the interest of the zamindar brought the patni to sale under Regti8, 1819 on the 1st Jeyth 1325 B.S. At the sale the patni was purchased by plaintiff 1. It is alleged that plaintiff 1 conveyed 8-annas share in the patni to plaintiff 2. The plaintiffs, after their purchase, did not pay the patni rent. For the arrears of the year 1326 B. Section the patni was again put up to sale on the 1st Jeyth 1327 B.S. under Regn. 8, 1819 and it was purchased by d...
Government of Assam Vs. Kantila Chutia
Court: Kolkata
Decided on: Mar-16-1927
Reported in: AIR1927Cal505,103Ind.Cas.553
Cuming, J.1. This is an appeal by the Government of Assam in the case of one Kantila Chutia who was tried by the Sub-Divisional Magistrate of Golaghat on a charge of lurking house trespass by night and acquitted.2. The ground on which we have been asked to interfere with the order of acquittal is that in the case against the accused he was not only charged under Section 457, but there was also a charge under Section 354 Indian Penal Code, of outraging the modesty of a woman. The learned Deputy Legal Remembrancer, on behalf of the Government of Assam, contends that a charge under Section 354, Indian Penal Code, is not triable summarily, and as there was a charge under Section 354, Indian Penal Code, the learned Magistrate was not justified in trying the case only under the charge under Section 457, Indian Penal Code, in a summary way.3. The facts would appear to be these : On the 4th of April 1926 one Tileswar Mohanto came to the police-station and reported to the following effect. That...
Maharaj Bahadur Singh Vs. Karani Mai
Court: Kolkata
Decided on: Mar-15-1927
Reported in: AIR1927Cal633
Mukerji, J.1. This appeal arises out of proceedings held for setting aside a rent sale. The application to set aside the sale was dismissed by the Munsiff, There was an appeal preferred from this order to the District Judge and the learned Judge has ordered the sale to be set aside. From the order of the learned District Judge the present appeal has been preferred by the decree-holder. An application under Section 115 of the Code of Civil Procedure directed against the said order, has also been filed on his behalf. The sale was held in execution of the decree which had been obtained in a suit for rent and the said decree as well as the order refusing to set aside the sale were passed by a Munsiff, who, it is conceded, had final jurisdiction to deal with the matter under Section 153 of the Bengal Tenancy Act.2. The first ground that has been urged on behalf of the decree-holder is to the effect that the order which was passed by the Munsiff in the present case was one from which no appe...
King-emperor Vs. Rajah Probhat Chandra Baruah
Court: Kolkata
Decided on: Mar-14-1927
Reported in: AIR1927Cal432
C.C. Ghose, J.1. On the 12th March 1926 the Commissioner of Income-Tax, Assam, referred to this Court for decision under Section 66(2) of the Indian Income-Tax Act of 1922, the following questions:I Whether the following sources of income are agricultural and therefore exempted from assessment to income-tax under Section 4(3)(viii) of the Act.(i) Jalkar or rents received from fisheries.(ii) Ground-rent from land used for potteries.(iii) Ground rent from land used as brick-fields.(iv) Fees received from the tying up of boats against the assessee's land.(v) Fees received from land used for storing purchase of crops (paiali).(vi) Fees received from cart stands.(vii) Punyaha nazar or nazar paid by fcdnant3 of agricultural holdings at the beginning of the zemindari year.(viii) Nazar for petitions presented to the zemindar dealing with questions of succession, settlement and partition.(ix) Ground-rent for permanent shops at hats and bazar3.(x) Stall fees paid by temporary (daily) sellers at ...
Emperor Vs. Irjan and ors.
Court: Kolkata
Decided on: Mar-14-1927
Reported in: AIR1927Cal820
1. This is a reference under Section 307, Criminal P.C., against the divided verdict of the jury in a case under Section 395, I.P.C. The jury were divided in the proportion of 3 : 2. It happened that one of the juryman who gave the verdict of not guilty was a person who was not entitled to sit on the jury. He had not been summoned. The reference has been made on the ground that the Court was not properly constituted and that, therefore, the verdict of the jury should be treated as a nullity. The reference has also been made on the ground that the verdict of the jury is against the weight of evidence. We entirely agree that as the Court was not properly constituted, the verdict of the jury counts for nothing.2. We have, however, been taken through the record of the case, and we find that although the verdict cannot be sustained on one ground under the law, still it is in accordance with the facts of the case, and we should not be justified in ordering a retrial. The dacoity took place i...
Satyendra Nath Choudhury Vs. Charu Chandra Majumdar and ors.
Court: Kolkata
Decided on: Mar-11-1927
Reported in: AIR1927Cal657
Mukerji, J.1. One of the judgment-debtors is the appellant in this appeal. The appeal arises out of certain proceedings under Order 21, Rule 90, Code of Civil Procedure, for setting aside a sale on the ground that there was no proper service of the writ of attachment or the sale proclamation and that property really worth Rs. 1,500 fetched a price of Rs. 100 only at the sale. The decree-holder was the purchaser at the auction so held. The Munsiff allowed the application under Order 21, Rule 90, Code of Civil Procedure, and set aside the sale. On an appeal being preferred from this decision, the District Judge, being of opinion that there were no clear findings upon the questions that arose in the judgment of the learned Munsiff, sent back the record to the Court of the latter with directions to record clear findings on all such points and ordered that the findings should be re-submitted with the record to his Court within a certain period. When the matter went down to the Court of the ...
Holmes Wilson and Co. Ltd. Vs. Bata Kristo De
Court: Kolkata
Decided on: Mar-09-1927
Reported in: AIR1927Cal668
Page, J.1. I have taken time to consider this case because it involves an inquiry into the legal position of indent merchants who import goods into India and, therefore, is of considerable importance to the mercantile community. In the course of my judgment I shall refer to the foreign seller (who may or may not be the manufacturer of the goods) as the supplier, the person who imports the goods as the merchant, and the person upon whose indent or order the goods are imported as the dealer. Now, the rights and obligations of the parties to an indent transaction depend upon the contract into which they have entered; but for many years past doubts have been felt as to whether the legal relationship of the merchant to the dealer under an indent is that of an agent or a principal. The uncertainty as to the legal position of indent traders has been created mainly, because persons engaged in the indent trade evince a strange disregard for the significance of the language that they use in fram...
Narendra Lal Das Chaudhury Vs. Gopendra Lal Das Chaudhury and ors.
Court: Kolkata
Decided on: Mar-07-1927
Reported in: AIR1927Cal543,103Ind.Cas.65
Rankin, C.J.1. This is an application for a certificate that the case is a fit one to be taken on appeal to His Majesty in Council. The applicant is the plaintiff in the suit. The suit was brought for partition of a joint family property valued at 10 lacs of rupees and the suit itself has been going on ever since 1911. In the end, a preliminary decree was passed in 1923 and an appeal was brought to this High Court. That appeal was decided in May 1926 and it appears that the first question which arose was this that the plaintiff complained that the preliminary decree gave him a smaller share in the property than he was entitled to get. On that point the High Court was of opinion that the appellant was in the right and held at his instance that the share which should go to him was what he had contended for. The plaintiffs, Defendant No. 2 and Defendant No. 3, were given 4/15ths share each. In that respect, the High Court reversed the finding of the trial Court. Other points were raised u...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »