Kolkata Court December 1928 Judgments
Siti Kanta Pal and anr. Vs. Radha Gobinda Sen and ors.
Court: Kolkata
Decided on: Dec-21-1928
Reported in: AIR1929Cal542
Mallik, J.1. These two appeals are against the same judgment. They arise out of a suit for a declaration of title and issue of a permanent injunction -- a declaration that the defendants have no right to irrigate their lands with the water of a certain tank known as Chata tank and an injunction restraining the defendants from drawing water from this tank for that purpose. There were two sets of defendants the Dubey defendants who are defendants 1 to 5 and the Pal defendants who are defendants 6 and 7. Plaintiffs' claim was resisted by the defendants on the allegation that the defendants had acquired a right of easement by prescription as also from a lost grant. The Court of first instance found that all the defendants had acquired a right of easement and on that finding dismissed the plaintiffs' suit. On appeal by the plaintiffs, the lower appellate Court modified the decision of the trial Judge and holding that while the Pal defendants had not acquired any right of easement, the Dubey...
Tag this Judgment!Narendra NaraIn Choudhuri Vs. Nagendra NaraIn Choudhuri and ors.
Court: Kolkata
Decided on: Dec-21-1928
Reported in: AIR1929Cal577
B.B. Ghose, J.1. This is an appeal by the plaintiff against the judgment and decree of the Subordinate Judge, Assam Valley Districts, dismissing the plaintiff's suit for recovery of possession of an estate which has been described as the Mechpara Estate. Plaintiff's suit is based upon the allegations made in the first paragraph of his plaint that the Mechpara zemindars belong to a well known Rajbansi caste and the Mechpara Estate has been impartible and inalienable since time immemorial by virtue of the kulachar or custom governing the same family. Plaintiff then goes on to state that his grandfather Prithiram, was married to three wives and he had some children begotten of a maid servant by the name of Purnimeswari. His grandfather died in 1875 and disputes broke out among the sons of Prithiram and in order to purchase peace, his father, Khagendra, the other legitimate sons of Prithiram and the son born of the lady, who was called the maid servant, entered into a compromise, evidenced...
Tag this Judgment!Narendra Narayan Chowdhury Vs. Nogendra Narayan Chowdhury and ors.
Court: Kolkata
Decided on: Dec-21-1928
Reported in: 118Ind.Cas.342
B.B. Ghose, J.1. This is an appeal by the plaintiff against the judgment and decree of the Subordinate Judge, Assam Valley Districts, dismissing the plaintiff's suit for recovery of possession of an estate, which has been described as the Mechpara estate. Plaintiff's suit is based upon the allegation made in the first paragraph of his plaint that the Mechpara zemindari belongs to a well-known Rajbansi caste and the Mechpara estate has been impartible and inalienable since time immemorial by virtue of the kulachar or custom governing the same family. Plaintiff then goes on to state that his grandfather Prithiram, was married to three wives and he had some children begotten of a maid servant by the name of Purnimeswari. His grandfather died in 1875 and disputes broke out among the sons of Prithiram and in order to purchase peace his father Khogendra, the other legitimate sons of Prithiram, and the sons born of the lady who was called the maid servant entered into a compromise, evidenced ...
Tag this Judgment!SujauddIn Vs. Emperor
Court: Kolkata
Decided on: Dec-20-1928
Reported in: AIR1929Cal242
Rankin, C.J.1. This is an appeal by one Sujauddin against an order directing a complaint to be preferred against him for having committed offences under Sections 193, 465, 471 and 109, I.P.C. It appears that one Padam Prosad was in August of last year acquitted on a charge under Section 372, I.P.C , of selling a minor girl and that at the trial of that accused a certain certified copy was produced from the register of births at Benares. It is said that the copy which was produced by the defence had been tampered with and that it was a false document the subject-matter of forgery within the meaning of the Code. Thereupon the complainant in the case applied to the Magistrate who tried the matter against three persons two of them were named, Padam Prosad and Behari Lal, and one was unnamed but his character and description were indicated, namely, that he was a clerk in the office of the Registrar of Births at Benares. The Magistrate directed a police investigation and after considering th...
Tag this Judgment!Dabiraddi Naskar Vs. Sakat Moola
Court: Kolkata
Decided on: Dec-19-1928
Reported in: AIR1929Cal169
Mukerji, J.1. This is a Reference made by the Additional Sessions Judge of 24 Parganas under Section 438, Criminal P.C., recommending that an appellate order of acquittal passed by the Additional District Magistrate of that district should be set aside and the appeal ordered to be reheard.2. It has been laid down in a long series of cases what should be the guiding principle to be acted upon by the High Court in dealing with applications for revision of orders of acquittal. The principle has been very clearly laid down by Jenkins, C.J., upon a review of the practice in almost all the High Courts in India, in the case of Faujdar Thakur v. Kasi Chowdhury [1915] 42 Cal. 612. He observed:The pronouncements of the High Courts of Madras, Bombay and Allahabad consistently support the view that as a general rule it is expedient not to interfere, on revision, at the instance of a private person, with an acquittal after trial by a proper tribunal, and that applications for that purpose should be...
Tag this Judgment!Ajoy Krishna Sarkar Vs. S.G. Bose
Court: Kolkata
Decided on: Dec-19-1928
Reported in: AIR1929Cal176
Mukerji, J.1. This rule has been issued to show cause why two orders passed on 10th September 1928 and the other on 13th September 1928 by the Chief Presidency Magistrate should not be set aside. By the former, he ordered a search warrant to issue for certain documents and by the latter he allowed inspection thereof to the complainant, who is the opposite party in this rule.2. The validity of these orders is challenged in this rule mainly upon two grounds, one questioning its legality and the other its propriety.3. The legality of the orders would depend primarily on the question whether Section 96, Criminal P. C would warrant the issue of the search warrant in this particular case. Now the documents in respect of which the search warrant was asked for were ' challans, counterfoil books, bill books and account books for 1927 ' of the from of Messrs. Sarkar Brothers, the petitioners. What was seized in execution of the warrant were2 Account books. 2 Challan counterfoil books, 1 Second p...
Tag this Judgment!Suku Ram Koch and ors. Vs. Krishna Deb Sarma
Court: Kolkata
Decided on: Dec-19-1928
Reported in: AIR1929Cal189
Mukerji, J.1. The whole question in this Rule is whether an acquittal under Section 247, Criminal P.C. is an acquittal which would bar a further trial under Section 403, Sub-section (1), Criminal P.C. The decision of this question turns upon the meaning of the word ' tried ' as used in that sub-section. I am clearly of opinion that the word ' tried ' there used does not, necessarily import a decision of the case on the merits, but only refers to the nature of the proceedings that were had ; or in other words, means that the proceedings in which the acquittal was passed were in the nature of a trial. I entirely agree with the view taken by the Madras High Court in the case of In re : Guggilapu Paddaya [1911] 31 Mad. 253, in which it has been pointed out that the non-mention of Section 247 in the explanation to Section 403 is suggestive of this interpretation and that a contrary view would make Section 247 illusory. The authorities bearing on the question have been fully considered in th...
Tag this Judgment!Jabbar Ali and anr. Vs. Emperor
Court: Kolkata
Decided on: Dec-19-1928
Reported in: AIR1929Cal203
Rankin, C.J.1. In this case the two appellants have been convicted unanimously by a jury, appellant 1 having been convicted under Section 471, I.P.C., that is, of an offence of dishonestly and fraudulently using a document which he knows to be a forged document. Appellant 2 has been convicted of abetment of that offence. The first has been sentenced to four years' rigorous imprisonment and the second to 2 1/2 years It appears that there was a third accused who had been acquitted and that a rent suit had been brought against accused 2 and this accused 3 in the Court of the Second Munsif at Comilla Accused 1 by some procedure which I am not familiar with, was a witness in that case and in advance of that trial he filed a kabuliat which has been found to be a forged document. It is a document which purports to show that the defendant did not hold under the plaintiff but under somebody else. The plaint was returned for presentation before another Munsif as it was a Small Cause Court case a...
Tag this Judgment!Dabiruddi Naskar Vs. Sakat Molla
Court: Kolkata
Decided on: Dec-19-1928
Reported in: 116Ind.Cas.164
Mukerji, J.1. This is a Reference made by the Additional Sessions Judge of 24-Parganas under Section 438, Criminal Procedure Code, recommending that an appellate order of acquittal passed by the Additional District Magistrate of that District should be set aside and the appeal ordered to be re-heard.2. It has been laid down in a long series of cases what should be the guiding principle to be acted upon by the High Courts in dealing with applications for revision of orders of acquittal. The principle has been very clearly laid down by Jenkins, C. J., upon a review of the practice in almost all the High Courts in India, in the case of Faujdar Thakur v. Kasi Choudhuri 27 Ind. Cas. 186 : 42 C. 612 : 19 C.W.N. 184 : 21 C.L.J. 53 : 16 Cr. L.J. 122. He observed: 'The pronouncements of the High Courts of Madras, Bombay and Allahabad consistently support the view that, as a general rule, it is expedient not to interfere on revision, at the instance of a private person, with an acquittal after t...
Tag this Judgment!Gaya Prosad Karan and ors. Vs. Bakya Mani Dasi and ors.
Court: Kolkata
Decided on: Dec-18-1928
Reported in: AIR1929Cal297
Mallik, J.1. The facts of the case which has given rise to this appeal are briefly these:2. One Kashi Nath was the owner of some property. He died leaving three sons, defendants 1 and 2 and Trailakhya, the husband of the plaintiff. Trailakhya died when the plaintiff was a little girl of 14. And after Trailakhya's death and after defendants 1 and 2 had separated in mess, plaintiff began residing for most of her time at her father's house and would occasionally come to live in the house of her father-in-law While in her father-in-law's house, she was well cared for by her brothers-in-law and maintained out of the usufruct of the ejmali property and while residing at her father's place, she was given at times some profits by defendants 1 and 2 for her necessary expenses, and she used to be given also according to the direction of defendants 1 and 2 some profits from the bhagchasis of some properties other than those in suit. Plain tiff continued to be in possession of the ejmali property ...
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