Kolkata Court May 1929 Judgments
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Emperor Vs. Kutub Bux
Court: Kolkata
Decided on: May-02-1929
Reported in: AIR1930Cal633
C.C. Ghose, J.1. This is a reference by the learned Sessions Judge of Rajshahi and Malda under Section 307, Criminal P.C., arising out of a case, in which the accused Bandhu and Kutub were charged with having committed an offence punishable under Section 302, I.P.C., The jury brought in a unanimous verdict of not guilty against both the accused. The learned Judge disagreed with the verdict of the jury and, being of opinion that, in the ends of justice, it was necessary that the entire case should be laid before this Court, has made this present reference.2. The case for the prosecution, shortly stated, is as follows : On 1st January 1928, which was a Sunday, the deceased Paltu left his home, after taking his meals in the evening, to look after his kalai in a field, which was at a little distance off to the west of his house. There was a hut in the kalai field. It appears that three persons, named Chhota Uniad, Makbul and Kutub, went later in the evening to the house of Paltu and made e...
Jagabandhu Chawdhuri and anr. Vs. Abdul Sobhan Sarkar
Court: Kolkata
Decided on: May-02-1929
Reported in: AIR1929Cal480
Mallik, J.1. This Rule was issued on the District Magistrate of Dinajpur to show cause why the order of the District Judge of Dinajpur dismissing the petitioner's appeal against an order of the Munsif of Thakurgaon making a complaint against the petitioners under Section 476, Criminal P.C., should not be set aside. The rule was issued on two grounds : The first ground is that the judgment in appeal is not in accordance with law ; and the second ground is that the learned District Judge has failed to exercise jurisdiction vested in him by law in refusing in effect to exercise his own discretion in the matter and to revise the exercise of discretion by the Court of first instance, namely, the Munsif of Thakurgaon. The contention before us is that the learned District Judge when the matter came up on appeal before him under Section 476-B, Criminal P.C., did not approach in the way in which he should have approached it. It was said that under that section the learned Judge ought to have go...
Tanwangini Debi Vs. Abhoya Charan Sardar and ors.
Court: Kolkata
Decided on: May-01-1929
Reported in: AIR1930Cal169
Rankin, C.J.1. In this case, the plaintiffs are the 12 annas cosharer landlords and they bring their suit for vent for 1329 to 1332 B.S. to the extent of their share basing their claim upon the terms of a kabuliat of 23rd November 1905. The terms of that kabuliat are to this effect : the area which is being 13t or settled is 2134 bighas. The tenant states that he had been in possession of that land before from the landlords' predecessor. The rate of rent is 11 annas two and half gandas per bigha and, on the 2134 bighas the jama is Rs. 1483. There is a clause in the kabuliat to this effect:If it becomes necessary to make any survey from the Government or from your Sarkar,that is, the landlords:I shall be present in p3rson and shall cause the survey to be made and I shall pay the costs of survey. If, on measurement, the area be found to be less, I shall get abatement; if there be increase, then I shall pay rent separately at the aforesaid fixed rate.2. In this case, the first thing that ...
Srimati Tannangini Debi Vs. Abhoya Charan Sardar and ors.
Court: Kolkata
Decided on: May-01-1929
Reported in: 125Ind.Cas.302
George Clause Rankin, C.J.1. In this case, the plaintiffs are the 12 annas co-sharer landlords and they bring their suit for rent for 1329 to 1332 B.S. to the extent of their share baaing their claim upon the terms of a kabuliyat of the 23rd November, 1905. The terms of that kabuliyat are to this effect the area which is being let or settled is 2134 bighas. The tenant states that he had been in possession of that land before from the landlord's predecessor. The rate of rent is 11 annas 2 gandas per bigha and, on the 2134 bighas, the jama is Rs. 1,483. There is a clause in the kabuliyat to this effect: 'If it becomes necessary to make any survey from the Government or from yoursarfear', that is, the landlords, 'I shall be present in person and shall cause the survey to be made and I shall pay the costs of survey. If, on measurement the area be found to be less, I shall get abatement; if there be increase, then I shall pay rent separately at the aforesaid fixed rate.'2. In this case, the...
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