Kolkata Court August 1929 Judgments
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Nanooram Goenka Vs. Fulchand Jaypuria
Court: Kolkata
Decided on: Aug-14-1929
Reported in: AIR1930Cal754
Rankin, C.J.1. In this case, it appears to ma that the order of commitment must be quashed. The case is one in which certain persons are said to have been entrusted with certain bales of cotton yarn. It is said that, having been entrusted with these goods they have, in fact, committed criminal breach of trust by entering into a conspiracy with certain other people to make away with the goods. We are concerned with two matters. One is a rule obtained by the accused Nanooram and the other is an application for a rule by the accused Piramul and Gobardhan Das. So far as Nanooram is concerned, we have had discussed before us the question, whether, on any of the charges on which the Magistrate has committed the accused, there is prima facie evidence to justify the order of commitment; and taking the evidence carefully as recorded, we have come to the conclusion that we are not prepared to say that there is insufficient evidence to justify that commitment.2. Then there comes another objection...
Haladhar Pal Choudhury Vs. Sheikh Mongal Raja
Court: Kolkata
Decided on: Aug-13-1929
Reported in: AIR1931Cal333
Mukerji, J.1. The facts relating to the suit in the appeal wherein this question of court-fees has arisen have been set out in full in the reference made by the Registrar under Section 5, Court-fees Act. For the purpose of the present reference it will be enough to state that the plaintiff instituted a suit against three persons of whom defendants 1 and 2 were alleged to be the persons in possession and defendant 3 was the admitted landlord. The plaintiff asked for declaration of title and recovery of possession on the allegation that he had got settlement from defendant 3 but that subsequently defendants 1 and 2 dispossessed him at the instigation of the said defendant. The title that he set up was the jote right to-the land in suit. The decree that was-passed by the trial Court was as against, defendants 2 and 3. That Court dismissed the suit as against defendant 1 holding that by reason of the death of that defendant the suit had abated in so far as it was against him. The decree wa...
In Re: Gooptu Estate Ltd.
Court: Kolkata
Decided on: Aug-12-1929
Reported in: AIR1930Cal1
Rankin, C.J.1. The assessees are a limited company (Gooptu Estate Limited) who in 1922 took a lease for 50 years from the representatives of one Ram Chunder Gooptu of certain properties which included the premises known as 100 dive Street, Calcutta. This lease was subject to a building lease previously granted in June 1920, by the executors of the will of the said Ram Chunder Gooptu, whereby the premises 100 Clive Street were demised for 50 years to the Tata Industrial Bank Limited on a monthly rental of Rs. 5,000. The Tata Industrial Bank Limited had paid a premium or salami of 1 lakh of rupees and by the terms of the lease had undertaken to demolish the building then standing on the demised premises and to erect thereon a new office building in accordance with conditions to be approved by the lessors. In August 1923 the Tata Industrial Bank Limited having expended a large amount of money upon the erection of the new building, went into voluntary liquidation for the purpose of a schem...
Hari Bandhu Pal and ors. Vs. Hari Mohan and ors.
Court: Kolkata
Decided on: Aug-12-1929
Reported in: AIR1930Cal327
B.B. Ghose, J.1. This is an. appeal by the judgment-debtors who claimed to be the representatives of one Dinabandhu Pal against an order of the Subordinate Judge refusing their application to the effect that a decree obtained by the defendant-firm cannot be executed against certain properties which were being sought to be sold in execution of the decree. The decree was obtained by the respondent-firm against a firm named Bonamali-Dinabandhu Pal. Certain properties were attached before judgment and the decree-holders now seek to enforce their decree by the sale of those properties. The firm of Bonamali-Dinabandhu Pal carried on business as dealers in piece goods at Dhamari Bazar in the district of Dacca. The objections raised by the appellants in the Courts below were twofold. The first was that the firm of Bonamali-Dinabandhu Pal was a one-man firm the owner of which was Dinabandhu Pal alone. When the suit was pending in the High Court, Dinabandhu died and a decree was made against the...
In Re: Bijay Singh Dudhuria
Court: Kolkata
Decided on: Aug-12-1929
Reported in: AIR1930Cal641,129Ind.Cas.782
Rankin, C.J.1. The question in this case arises out of the assessment to income-tax made upon Raja Bijay Singh Dudhuria of Azimganj in the year 1924-25 and the year of account is 1923-24.2. The assessee submitted a return of his income, in the ordinary way as an individual and the Income-tax Officer, on 16fch March 1925, assessed him at a figure of Rs. 1,12,005 after allowing him a deduction of Rs. 9,900 in respect of the fact that he had paid a sum of Rs. 1,100 per month to Sreemati Sugankumari Bibi, his stepmother. This sum of Rs. 9,900 represented the proportion of the amount so paid by the Raja, attributable to his assessable income, as distinct from his agricultural income, which is not liable to income-tax. The deduction was attributed to several heads of assessable income as follows:Total Deduc- Net income, tions. income.Rs. Rs. Rs.Interest on securities. 8,040 633 7,407Property ... 36,110 2,970 33,140Dividends ... 9,317 728 8589 317 728 8589 Business ... 66,611 5,420 61,191Othe...
Tafiz Pramanik and ors. Vs. Emperor
Court: Kolkata
Decided on: Aug-09-1929
Reported in: AIR1930Cal228
Graham, J.1. This is an appeal by ten persons who have been convicted under Sections 147 and 304 read with Section 149, I.P.C. and sentenced to one year's rigorous imprisonment and six years' rigorous imprisonment respectively, the sentences being directed to run concurrently. The appellants Nos. 2, 3, 4, 5 and 9 have also been convicted under Section 323, I.P.C. and sentenced to six months' rigorous imprisonment.2. The case for the prosecution was that, at about 11 p.m. on the night of 19th. April last one Mayan Khan, who died subsequently as the result of certain injuries received, hearing a noise in his cowshed, went outside, that lie was thereupon seized by a number of people who dragged him along and trampled upon him and beat him severely. His brother Ayen Khan who went to his aid is also alleged to have been beaten. Several of Mayan's ribs were broken and he died on the following day. At about midnight he had been brought to the house of one Jayan Pramanik. Information of the oc...
Ashutosh Ghose and anr. Vs. Emperor
Court: Kolkata
Decided on: Aug-09-1929
Reported in: AIR1930Cal318
Rankin, C.J.1. In this case the two petitioners have been convicted under Section 430, I.P.C. for the particular form of mischief which consists in interfering with the water supply of a particular abad called Maheshwaripur Abad. It appears that the petitioner Ashutosh Ghoae is the manager and the petitioner Nripendranath Prodhinia is the naib of the landlords of this abad. It would appear to be a very large place which some few years ago was a jungle and which has been made cultivable to some extent by (sic) bunds to protect it from rivers which surround it on three sides. It is divided into three chaks and we are concerned with chak No. 3, it being the northernmost chak. In the abad there are a large number of small and also some large khals and the opening of the large khals is controlled or closed by sluice gates. The actual condition of the abad is not very clear at least to me upon the evidence and I cannot gather how many of the large khals are within the particular chak No. 3 w...
Ashutosh Sikdar and ors. Vs. Chidam Mondal
Court: Kolkata
Decided on: Aug-09-1929
Reported in: AIR1930Cal351
B.B. Ghose, J.1. This is an appeal by defendants 1 to, 4 against the judgment and decree of the Subordinate Judge affirming those of the Munsif. The suit was brought by the plaintiff for recovery of possession of some lands on the ground that he was the reversionary heir of one Gadadhar. The defendants claimed the property under a mokarari lease given by the widow of Gadadhar. The defendants pleaded that the mourasi patta was executed by the widow Gunamani on 4th Chaitra 1289.B.S., for legal necessity, that with the nazar paid by the defendants or their predecessor-in-interest the lady paid off some debts of Gadadhar, defrayed the expenses of his sradh, paid rents of the malik, defrayed the expenses of her own maintenance and those of her visit to Gaya. The trial Court did not accept grounds 2 and 5 urged by the defendants. The main question on which the defendants relied was that there was a bond executed by Gadadhar dated 1276 B.S., and in order to pay off that debt the widow execute...
Lori Chand Saha Vs. Niroda Sundari Saha
Court: Kolkata
Decided on: Aug-09-1929
Reported in: AIR1930Cal369a
Rankin, C.J.1. In this case the petitioner was accused of an offence against a woman under Section 354 P.C. After certain negotiations to which I shall refer in a moment the case was withdrawn with the leave of the Court. The letter purporting to compromise the case runs thus:I have the honor to withdraw from prosecution the marginally noted case with the permission of the Superintendent of Police and pray that the case may accordingly be withdrawn.2. Thereupon an order was passed by the Sub-divisional Officer of Brahmanbaria under Section 494, Criminal P.C. Then the accused man the present petitioner came before the Sub-Divisional Officer again as prosecutor in a case upon the narrative that he had paid Rs. 1000/- to a relative of the person who had been the prosecutor in the previous case, that he had paid this sum to that relative in order that it might be given to the District Superintendent of Police so that the District Superintendent of Police might give this sum to some charity...
Upendra Nath Mukherjee Vs. Gurupada Halder and anr.
Court: Kolkata
Decided on: Aug-08-1929
Reported in: AIR1930Cal508
B.B. Ghose, J.1. (S.A. No. 2306 of 1927). This appeal arises out of a suit for recovery of possession of a plot of land on the ground that the plaintiff was the reversionary heir of Pran Krishna Haldar who died so long ago as 26th January 1866. He left surviving him his mother Biswamoyi who died on 16th November 1899 and a widow Nitambini who died on 13th July 1919. The plaintiff brought the suit on 5th October 1923 as having succeeded to the property on the death of the widow Nitambini. The defendant claimed the property under a lease from Biswamoyi dated 20fch July 1894. The lease was a permanent one. His plea was that Biswamoyi had an abs.olute interest in the property and that she was entitled to grant a permanent lease to the defendant. The short question, therefore, which arises in this case is whether Biswamoyi had the right to grant a permanent lease of the property in question. It appears that after the death of Pran Krishna the mother-in-law and the daughter-in-law were at lo...
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