Kolkata Court February 1929 Judgments
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Tara Prosanna Bal and ors. Vs. Asoke Prosanna Bal and anr.
Court: Kolkata
Decided on: Feb-12-1929
Reported in: AIR1929Cal370,118Ind.Cas.854
Mitter, J.1. The facts on which this rule depends may be briefly stated thus: The plaintiffs who are the petitioners before this Court instituted a suit for partition. The parties to the partition proceedings agreed ultimately to settle their differences on certain terms which were embodied in a petition. That petition was filed in Court and, on the basis of that agreement a preliminary decree was passed on 17th September 1928 . The order runs as follows:Parties have filed a petition of compromise. Ordered that the suit be decreed in terms being in preliminary form and that the petition of compromise be made a part of the decree and that the case be put up for orders on 17th January 1929.2. On 24th September 1928, the preliminary decree was signed and sealed. It is necessary to set forth some of the terms of the petition of compromise in order to understand the points raised in this rule. The first ten paragraphs of the petition of compromise adjusted the rights of the parties to the m...
Puran Mull Biwani Vs. Emperor
Court: Kolkata
Decided on: Feb-12-1929
Reported in: AIR1929Cal644,122Ind.Cas.218
ORDERMukerji, J.1. The petitioner Puran Mull Biwani has been convicted under Section 44,. Act 4 of 1866, and sentenced to pay a fine. The offence complained of against him was under the first part of Section 44, viz., that he being the owner or occupier of a room kept or used it as a common gaming house. As I understand the case no question of permitting any other person to keep or use the room as a common gaming house, under the latter part of the section, enters into the case.2. The fact that a note book (Ex. 3) was found in the room in which the petitioner's name appeared in print on the pages in the absence of any evidence as to the contents of the notebook (for the police officer says that he could not read the Hindi writing in it and did not have it translated) is very poor evidence to establish that the notebook was an 'instrument of gaming.' This is a serious difficulty in the way of the prosecution.3. A still greater difficulty in upholding the conviction arises when the defin...
Satya Ranjan Bakshi Vs. Emperor
Court: Kolkata
Decided on: Feb-11-1929
Reported in: AIR1929Cal309,117Ind.Cas.834
Rankin, C.J.1. The accused Satya Ranjan Bakshi, is the Editor of a Calcutta daily newspaper called the 'Forward' and the accused Pulin Bihari Dhar is the printer and publisher thereof. They have been convicted by the Chief Presidency Magistrate under Section 153-A. I.P.C., in respect of certain matter published in the issue of the Forward newspaper dated 13th July 1928. The charge against them is that they promoted, or attempted to promote, feelings of enmity or hatred between two different classes of His Majesty's subjects, to wit the Europeans and Indians.2. The statements contained in the printed matter which is now complained of have reference to a railway accident which took place at Belur soon after midnight on 8th and 9th July 1928. It would appear that a train from How-rah became derailed and that many of the carriages of the train were wrecked. It would appear further that in the course of the night a relief train, or trains, with doctors, medical staff and medical appliances ...
Satish Chandra Chakravarti Vs. Sarat Kamini Devi
Court: Kolkata
Decided on: Feb-11-1929
Reported in: AIR1929Cal383,118Ind.Cas.852
1. This it, an appeal by the judgment-debtor against an order of the Subordinate Judge dismissing his appeal in the matter of execution in which he raised an objection that the execution of the decree for possession had been barred by limitation. The suit brought by the respondent decree-holder was for possession of certain properties and for mesne profits apparently including the mesne profits even after the date of the suit. The trial Court dismissed the suit. On appeal by the plaintiff it was decreed. This decree which is dated 23rd January 1922 was for possession as well as for mesne profits; and an order was made by the lower appellate Court for sending the case to the trial Court for ascertainment of mesne profits. The defendant-appealed against that decree to the High Court which was dismissed on 17th July 1923. After that, an enquiry was made as to the amount of mesne profits which must have been for a period of three years, according to Order 20, Rule 12, Civil P.C. after the ...
Sidh Nath Awasthi Vs. Emperor
Court: Kolkata
Decided on: Feb-11-1929
Reported in: AIR1929Cal457
Mukerji, J.1. On a chalan submitted by the police in which it was stated that the petitioner had, as a durwan in the employ of Messrs. Sew Narain Golap Roy, committed criminal breach of trust in respect of a gross sum of Rs. 3,651-5-3, the Additional Chief Presidency Magistrate of Calcutta issued warrant against the petitioner on 19th July 1927. On 12th September 1927, the case was transferred by the Additional Chief Presidency Magistrate to the 4th Court, that is to say, to the Court of Mr. H.K. De, Presidency Magistrate. That learned Magistrate thereafter proceeded to try a co-accused of the petitioner who had also been sent up for trial on the same police chalan and discharged him under Section 253, Criminal P.C. On 15th November 1927, the trial of the petitioner commenced before Mr. H.K. De, the offence specified in the summary form prescribed by Section 370, Criminal P.C., being:Criminal breach of trust as a servant in respect of Rs. 3,651-5-3 realized on purjas entrusted to him b...
Dwarika Malo Vs. Emperor
Court: Kolkata
Decided on: Feb-08-1929
Reported in: AIR1930Cal60a,122Ind.Cas.219
ORDER1. This is a reference by the Additional Sessions Judge of Dacca under Section 374, Criminal P.C. submitting for confirmation the proceedings in a case under Section 302, I.P.C. in which sentence of death has been passed upon the accused. The accused Dwarika Malo has also appealed against his conviction and sentence.2. A preliminary point has been raised on behalf of the appellant that the jury, before which the case was tried was not properly or legally constituted, and that as a consequence the conviction and sentience are bad in law. We think that this contention is well founded and must prevail.3. The sections of the Code which bear upon the point are Sections 274 and 326 of the Code. Section 274 lays down that in trials before the Court of Sessions the Jury shall consist of such uneven number, not being less than five, or more than nine, as the Local Government, by order applicable to any particular district, or to any particular class of offences in that district, may direct...
Obedar Rahaman Vs. Emperor
Court: Kolkata
Decided on: Feb-08-1929
Reported in: AIR1930Cal219,122Ind.Cas.291
Suhrawardy, J.1. This rule has been issued upon two grounds. Ground 1 is that the provisions of Section 342, Criminal P.C., were not complied with and, therefore, the conviction is bad in law. The facts, in so far as they are relevant for our present purposes are that, on 16th May 1928, six prosecution witnesses were examined in chief and the accused was also examined. The charge was, thereafter, framed under Section 354, I.P.C., and the prosecution wanted to examine some witnesses. On 31st May 1928, the next hearing day, the prosecution examined one more witness and all the witnesses for the prosecution, eight in number, were cross-examined by the accused. Then the accused was examined, presumably under Section 342 and the Magistrate's order runs thus:Defence wants to examine six prosecution witnesses after this. Of them, the Sub-Inspector is to be resummoned. Others to come on personal recognizance. Accused as before. Defence will pay costs of all but the Sub-Inspector. Defence will ...
Secy. of State Vs. Mary Murray
Court: Kolkata
Decided on: Feb-08-1929
Reported in: AIR1930Cal252
1. In this case, the widow of a deceased employee under the Eastern Bengal Railway applied for letters of administration of the estate of her husband. In her application in para. 3 she stated that there was some provident fund money on account of the service of her husband under the railway company and the widow was the nominee with regard to this money in a declaration duly executed by her husband. The reason for her asking for letters of administration seems to be that the railway company refused to pay her the money without the letters of administration. If so it is wrong. The only thing that can be said with regard to this is that the authorities concerned must observe the provisions of the law as to the payment of the money due on account of the provident fund. Under Section 3, Clause (2), Provident Funds Act (Act 19 of 1925), the money vests in the dependant of the subscriber or depositor and where the dependant is the widow or child of the subscriber or depositor, without being ...
Radha Krishna Gupta Vs. Jamunadas Fatehpuria
Court: Kolkata
Decided on: Feb-08-1929
Reported in: AIR1929Cal401
Mukerji, J.1.The petitioner Radha Krishna Gupta alias Radha Krishna Byas was tried by the 3rd Presidency Magistrate of Calcutta along with another person for offences under Sections 381 and 411. I.P.C. The learned Magistrate acquitted him of the said offences but convicted-him under Section 54-A, Calcutta Police Act 4 (B.C.) of 1866 and sentenced him to undergo rigorous imprisonment for three months. He has also made an order that a fixed deposit receipt and a cash certificate which were found in the possession of the petitioner be made over to the complainant. The prosecution case was that the petitioner was a writer of accounts in the complainant's firm, that the petitioner had abstracted a blank but signed cheque form from the cheque book of the firm filled it up for Bs. 9,500 and cashed it and misappropriated the money. The charges framed against the petitioner were the following:2. First, a charge under Section 381,1. P.C. in respect of a blank signed cheque form No. Cx 350718, an...
Ram Krishna Sardar Vs. Sree Kanta Mondal and ors.
Court: Kolkata
Decided on: Feb-08-1929
Reported in: AIR1929Cal667
Mitter, J.1.This is an appeal in a suit for specific performance of a contract. The facts, on which the question of law raised by this appeal depends lie within a short compass. It appears that defendant 1 held a jama of Rs. 5 for two and half bighas of land under the superior landlords Ramsebak Sana and others. He contracted to sell this jama to the plaintiff for a sum of Rs. 250 on 29th Magh 1329 B. S. and executed a bainanama after taking an advance of Rs. 85. He promised further to execute a deed of sale within 15th Chaitra 1329 B. S. He, however, failed to perform his part of the contract notwithstanding repeated requests from the plaintiff and, instead of performing the said contract, he as the plaintiff alleged in his plaint, joined with his son defendant 2 who is the appellant in this Court in settling one bigha out of the two and half bighas of land in suit with defendant 3. The present suit had consequently to be instituted by the plaintiff. Defendant 1 died during the penden...
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