Kolkata Court December 1929 Judgments
Emperor Vs. Derajtulla Sheikh and ors.
Court: Kolkata
Decided on: Dec-18-1929
Reported in: AIR1930Cal443
Page, J.1. In this case the three appellants were charged with the offence of murder under Section 302, I.P.C. The accused Derajtulla was unanimously found guilty, and the accused Erfan and Surat were found guilty by a majority of 7 to 2. The learned Sessions Judge, agreeing with the verdict of the jury in the case of each of the accused, sentenced Derajtulla to death and Erfan and Surat to transportation for life. The three accused have now appealed against their conviction and respective sentences to this Court. It is expedient, I think, that we should say something about the action of the learned Sessions Judge in taking the verdict of the jury. The jury having brought in a clean and clear verdict of guilty as against the accused, the learned Judge proceeded to examine the jurors, apparently with the object of ascertaining the ground upon which their verdict was based, in the following manner:Q. Have you believed the evidence of Anath and Ajmal?A. We are unanimous in believing the e...
Tag this Judgment!Dharendra Krishna Deb and ors. Vs. Surendra Krishna Nandi and ors.
Court: Kolkata
Decided on: Dec-18-1929
Reported in: AIR1930Cal610,129Ind.Cas.609
1. This appeal has been preferred from an order refusing to appoint a receiver.2. The suit in connexion with which the application for appointment of a receiver was made was one for recovery of arrears of rent and cesses with a prayer for ejectment under Section 66, Clause (2), Ben. Ten. Act. The claim was for the years 1333 and 1334 B. S., on the basis of an ijara patta granted to defendant 1 in July 1927 for a period of six years from 1333 to 1338 B.S. The rent stipulated for in the ijara patta was Rs. 29,000 odd. The suit was instituted en 14th May 1928. The claim was laid at Rs. 50,000 odd after giving the defendants credit for Rs. 20,000 which they had paid.3. Defendant 1 alleged that he was not liable for the entire amount as he was hampered in making collections on account of the fact that the plaintiffs themselves had not got their patta from the Official Receiver before 3rd January 1928 and within a few months thereof they instituted the suit. In opposing the application for a...
Tag this Judgment!Debendra Nath Sadhukhan and ors. Vs. Naharmal Jalan and ors.
Court: Kolkata
Decided on: Dec-18-1929
Reported in: AIR1930Cal673
Mukerji, J.1. One Khedu Jamadar had in his lifetime built and consecrated a mosque at Tiljala, in the suburbs of Calcutta, the place where he resided. The mosque was originally a tiled hut, but subsequently he made it brick-built. He made a will in 1867 and died in 1871, leaving him surviving his first wife Dulera Bibi and a daughter by her named Alijan, and a second wife Idun Bibi whom be had married as a widow, and by the latter a son named Didarbux. Idun Bibi had a daughter named Raju Bibi by her first husband. By his will he bequeathed a ten annas share of his properties to his first wife Dulera Bibi and the remaining six annas thereof to his second wife Idun Bibi and his son Didarbux. On Khedu Jamadar's death the two widows fell out, but the dispute was eventually settled by a sort of a family arrangement arrived at with the help of some arbitrators, and this arrangement was embodied in and carried out by two documents executed and registered in 1872. By this arrangement Idun Bibi...
Tag this Judgment!Official Trustee of Bengal (Estate Manik Lal Sil) Vs. Kissen Gopal Beh ...
Court: Kolkata
Decided on: Dec-17-1929
Reported in: AIR1930Cal459
1. On 26th August 1925 Tulshi Charan Pal, alleging that he was the sole proprietor of the firm of Akhil Chandra Pal and Co., carrying on business in Chandney Chauk, Calcutta, applied that the said firm might be adjudged insolvent. In the schedule to the petition one of the creditors being creditor No. 17, was said to be the Official Trustee of Bengal for the Estate of Manik Lal Sil, and Rs. 900 was said to be due to him for rent of the shop and godowns occupied by the firm for three months up to July 1925 at the rate of Rs. 300 a month. An interim receiver was appointed on 28th August 1925. On 9th December 1925 the Official Trustee put in a petition in which he amongst other things brought to the Court's notice that Rs. 900 was due to him for May to July 1925 and that since the appointment of the interim receiver rent at the rate of Rs. 300 per month was accumulating and that for August to December 1925 Rs. 1,200 had fallen due, which he asked might be paid to him and he further asked ...
Tag this Judgment!Jadav Chandra Karmarkar and ors. Vs. Akrur Chandra Karmarkar and ors.
Court: Kolkata
Decided on: Dec-17-1929
Reported in: AIR1930Cal586
S.K. Ghose, J.1. This appeal arises out of a suit for khas possession of lands on declaration of title thereto. The plaintiff's case is that defendant 5 auction-purchaser the lands in suit on 13th February 1914 in execution of a decree on simple mortgage as against defendant 1 and the predecessor-in-interest of defendant 9. On 23rd December 1925 defendant 5 sold the lands to the plaintiff by executing a kabala. The plaintiff's case is that after the death of Baikuntha the predecessor-in-interest of defendant 2, defendants 1 and 2 entreated defendant 5 not to take possession of the lands and that, in accordance with such entreaty, defendant 5 did not take possession. The plaintiffs after their purchase sought to take possession, but were resisted by the defendants. Hence the suit. The main defence is that the plaintiff, having purchased from the decree-holder-auction-purchaser should come in by way of execution under Section 47, Civil P.C. and not by a separate suit. Both the Courts bel...
Tag this Judgment!Nareshchandra Mitra Vs. Moll Ataul Huq
Court: Kolkata
Decided on: Dec-16-1929
Reported in: AIR1931Cal35
1. In this case, the Subordinate Judge has allowed an application under Order 21, Rule 90, Civil P.C., and set aside a sale on the ground that there was no legal attachment, as the writ of attachment gave an inaccurate description of the property sold. The boundaries of the property were correctly given, but instead of describing it as 46/6, Canal East Road, No. 46/1 was given. He held that there was in fact no attachment of the property to be sold, i.e., No. 46/6, but that the attachment was made of No. 46/1. The question in the appeal, therefore, is whether a sale held without attachment is necessarily bad.2. The appellant decree-holder contends that the omission to attach is a mere irregularity, while the respondent judgment-debtor relies upon Order 21, Rule 64 of the Code and two decisions, namely, the decision of Fletcher, J., in Panchanan Das Majumdar v. Kunja Behari Malo [1917] 42 I.C. 259 and that of the Judicial Committee in Thakur Barmha v. Jiban Ram Marviari [1914] 41 Cal. 5...
Tag this Judgment!Nareshchandra Mitra Vs. Molla Ataul Haq
Court: Kolkata
Decided on: Dec-16-1929
Reported in: 129Ind.Cas.779
1. In this case, the Subordinate Judge has allowed an application under Order XXI, Rule 90 of the Code of Civil Procedure, and set aside a sale on the ground that there was no legal attachment, as the writ of attachment gave an inaccurate description of the property sold. The boundaries of the property were correctly given, but instead of describing it as 46-8, Canal East Road, No. 46-1 was given. He held that there was in fact no attachment of the property to be sold, i.e., 'No. 46-6, but that the attachment was made of No. 48-1. The question in the appeal, therefore, is whether a sale held without attachment is necessarily bad.2. The appellant decree-holder contends that the omission to attach is a mere irregularity, while the respondent judgment-debtor relies upon Order XXI, Rule 64 of the Code and two decisions, namely, the decision of Fletcher, J. in Panchanan Das Majumdar v. Kunja Behari Malo 42 Ind. Cas. 259 and that of the Judicial Committee in Thakur Barmah v. Jiban Ram Marwar...
Tag this Judgment!Jyoti Prosad Singh Deo Vs. H.V. Low and Co. Ltd.
Court: Kolkata
Decided on: Dec-13-1929
Reported in: AIR1930Cal561
Rankin, C.J.1. The plaintiffs are a limited company called H.V. Low & Co., Ltd., and they sue the defendant for the return of the deposit paid by them upon an agreement between the parties that the defendant would grant to the plaintiffs a mining lease for a term of 999 years of the underground coal rights in two mouzahs belonging to the defendant and called Raidi and Methadi. It appears from certain correspondence between the parties that an agreement for a mining lease of these two mouzahs had been made in 1923 and the deposit of Rs. 34,440 was paid at that time. On 2nd January 1924, the plaintiffs asked for one month's further time in which to complete the lease but in March, April and May of 1924 they were pressing for completion and intimating a claim for damages on account of the defendant's failure to execute the lease. Ultimately, on 22nd January 1925 the parties with the advice of their solicitors, entered into a formal agreement which provided that the plaintiffs would within...
Tag this Judgment!Jogi Kar Vs. Emperor
Court: Kolkata
Decided on: Dec-12-1929
Reported in: AIR1931Cal15
Suhrawardy, J.1. This is a reference by the Additional Sessions Judge of Midnapur, recommending that the accused persons in this case should be acquitted. The unanimous verdict of the jury convicted them of offences under Sections 326 and 147, I.P.C.2. Before dealing with the merits of the case, I should like to say a few words about the letter of reference submitted by the learned Judge. A letter of reference ordinarily should state the case and the verdict of the jury and concisely the ground upon which the learned Judge differs from that verdict and considers it necessary, in the ends of justice, to submit the case to this Court under Section 307, Criminal P.C. What the learned Judge has done in this case is that he has given a detailed criticizm of the evidence by the prosecution and by the defence and in the conclusion he expresses his agreement with the point of view urged on behalf of the accused. The recommendation made by the learned Judge that the accused should be acquitted ...
Tag this Judgment!Emperor Vs. Jogi Kar and ors.
Court: Kolkata
Decided on: Dec-12-1929
Reported in: 129Ind.Cas.798
Zahhadur Rahim Zahid Suhrawardy, J.1. This is a Reference by the Additional Sessions Judge of Midnapur recommending that the accused persons in this case should be acquitted. The unanimous verdict of the Jury convicted them of offences under Sections 326 and 147, Indian Penal Code.2. Before dealing with the merits of the case, I should like to say a few words about the letter of Reference submitted by the learned Judge. A letter of Reference ordinarily should state the case and the verdict of the Jury and concisely the ground upon which the learned Judge differs from that verdict and considers it necessary, in the ends of justice, to submit the case to this Court under Section 307, Code of Criminal Procedure. What the learned Judge has done in this case is that he has given a detailed criticism of the evidence by the prosecution and by the defence and in the conclusion he expresses his agreement with the point of view urged on behalf of the accused. The recommendation made by the teame...
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