Kolkata Court August 1929 Judgments
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Meajan Howladar and ors. Vs. Emperor
Court: Kolkata
Decided on: Aug-08-1929
Reported in: AIR1929Cal737
Graham, J.1. This is a reference by the learned Sessions Judge of Bakarganj under Section 307, Criminal P.C., against the verdict of the jury in a case in which four persons were charged with offences under Sections 467 and 471, I.P.C. One of these persons Milanjan Bibi was acquitted by the Judge in agreement with the unanimous verdict of the jury. The verdict of the jury as regards the remaining three accused was by a majority of 3 : 2 that they were not guilty of the offences charged. The learned Sessions Judge finding himself unable to agree with the verdict has referred the case to this Court. In para. 3 of his letter of reference he says that he is of opinion that the verdict both as regards the fact of forgery and the verdict as regards Raham Ali are not, as he expresses it, in accordance with the evidence. I should like to point out at the outset that this appears to indicate some misconception of his duty on the part of the learned Sessions Judge. It is not contemplated that a ...
Ram Gopal Goenka Vs. Corporation of Calcutta
Court: Kolkata
Decided on: Aug-08-1929
Reported in: AIR1930Cal222
Rankin, C.J.1. In my opinion, this Rule 793, should be discharged. The order complained of is an order directing demolition of certain structures mentioned in the order under the headings (a), (b), (c) and (d). The contention before us is, first, that so far as (d) is concerned the rule is not pressed. So far as (c) is concerned, it is conceded that there is some evidence before the Magistrate to show that the structures were raised within five years from the date of the present proceedings. So far as (a) and (b) are concerned, the contention of the learned Counsel on behalf of the applicant is that there is no specific evidence on the part of the Corporation to show that these structures were erected within five years of the present proceedings and that the Magistrate should have been satisfied with certain evidence called by the owner to the effect that the structures were erected more than five years from the date of the proceedings. Another ground is taken to the effect that the wh...
Emperor Vs. Balai Ghose and anr.
Court: Kolkata
Decided on: Aug-07-1929
Reported in: AIR1930Cal141,124Ind.Cas.486
Graham, J.1. This is a reference under Section 307, Criminal P.C. by the Additional Sessions Judge of Burdwan in connexion with a dacoity case which was tried by him in which the jury by a majority verdict of 4 : 1 were of opinion that the accused were entitled to the benefit of the doubt. The learned Additional Sessions Judge being of opinion that the verdict was erroneous and wholly against the weight of evidence has referred the case to this Court.2. Under the provisions Section 307 of the Code we have to consider the entire evidence, and, to decide after giving duo weight to the opinion of the Sessions Judge and the jury, whether the charge was made out against the accused, and whether the verdict was right or not. It has not been the practice of this Court according to the trend of decisions on the subject to interfere with the verdict of a jury unless it is shown that the verdict was manifestly wrong and that there were no sufficient materials to justify it.3. The evidence which ...
Abdul Gafur Mulla and anr. Vs. Kalidham Mondal and ors.
Court: Kolkata
Decided on: Aug-07-1929
Reported in: AIR1930Cal302
B.B. Ghose, J.1. This is an appeal by the judgment-debtor against order of the District Judge reversing the order of the Subordinate Judge setting aside a sale in execution of a rent decree on the ground that the judgment-debtor had deposited the amounts necessary under Section 174, Ben. Ten. Act. The facts are these : A decree was obtained by the landlord for about Rs. 2,430, The sale was held on 11th August 1928 and a third party purchased the property in question for Rs. 5,400 and odd. On 22nd August the judgment-debtor deposited the sum mentioned in the sale proclamation together with 5 per cent of the purchase money and on 18th September the Court made an order setting aside the sale. It was found afterwards that the amount which was necessary to be, deposited for having the sale set aside-fell short by Rs. 6O or Rs. 80. The reason for the error apparently was that the judgment-debtor deposited the sum given in the sale proclamation which only was necessary to be deposited if the ...
M.M. Robey Vs. A.V. Robey
Court: Kolkata
Decided on: Aug-07-1929
Reported in: AIR1931Cal121
Panckridge, J.1. This is an application on the part of the petitioner for alimony pendente lite. The application was in the list yesterday and Mr. Westmacott for the respondent than informed me that he intended to take the point that this Court had no jurisdiction to entertain the petition which is one for dissolution of marriage on account of cruelty and adultery, and with the consent of the petitioner the case was set down to-day for trial of the issue whether the Court has jurisdiction in view of the circumstances of the case.2. Under the Divorce Act the High-Court is defined in the case of any petition presented under the Act as that High Court within the local limits of whose ordinary appellate jurisdiction or whose jurisdiction under the Act the husband and wife reside or last resided together. It is conceded that the parties last resided together in Delhi. It appear from the judgment of Marten, J., in Borgonna v. Borgonna [1920] 44 Bom. 924 that the word 'together' in the defini...
Abdul Gofur Mulla and anr. Vs. Kalidhan Mondal and ors.
Court: Kolkata
Decided on: Aug-07-1929
Reported in: 124Ind.Cas.481
B.B. Ghose, J.1. This is an appeal by the judgment-debtor against an order of the District Judge reversing the order of the Subordinate Judge setting aside a sale in execution of a rent decree on the ground that the judgment-debtor had deposited the amounts necessary under Section 174 of the Bengal Tenancy Act. The facts are these: A decree was obtained by the landlord for about Rs. 2,430. The sale was held on the 11th August, 1928, and a third party purchased the property in question for Rs. 5,400 and odd. On the 22nd August, the judgment-debtor deposited the sum mentioned in the sale proclamation together with 5 per cent, of the purchase money and on the 18th September, the Court made an order setting aside the sale. It was found afterwards that the amount which was necessary to be deposited for having the sale set aside fell short by Rs. 60 or Rs. 80. The reason for the error apparently was that the judgment-debtor deposited the sum given in the sale proclamation which only was nece...
Nayan Mandal and ors. Vs. Emperor
Court: Kolkata
Decided on: Aug-06-1929
Reported in: AIR1930Cal134
Graham, J.1. This is an appeal by three persons named Nayan Mandal, Panchanan Mandal and Moti Lal Mandal who have been convicted by the Sessions Judge of Faridpur on a trial with the aid of a jury and convicted under Sections 148 and 304 (part 1) read with Section 149, I.P.C., and sentenced as follows : Nayan Mandal to rigorous imprisonment for ten years under Section 304 (part 1) read with Section 149, I.P.C., and Panchanan Mandal and Moti Lal Mandal to five years' rigorous imprisonment under Section 304 (part 1) read with Section 149 I.P.C. No sentences were inflicted under Section 148, I.P.C.2. The case for the prosecution was that on the day of occurrence the complainant with a number of other persons had gone to cultivate a certain plot of land, and that the accused came in numbers-variously armed and ordered them to stop cultivating the land. The complainant's party refused and thereupon the accused attacked them and one Tarini was killed and one Lakhi Kanta was also injured and ...
Akshoy Kumar Roy Choudhry Vs. Abdul Kader Khan and anr.
Court: Kolkata
Decided on: Aug-06-1929
Reported in: AIR1930Cal329
B.B. Ghose, J.1. This is an appeal by the decree-holder against; an order of the learned District Judge of Khulna dismissing an application for execution preferred by him and reversing the order of the Munsiff of Bagerhat. The facts o the case are rather complicated and they have been stated elaborately in the judgment of the learned Judge. There were various proceedings' between the decree-holder and the judgment-debtor which 1 do not think is necessary to relate for. the purpose of this appeal, as in my judgment this appeal may be disposed of on one of the grounds dealt with by the learned District Judge. The facts relevant for understanding that point will only be stated by me. A consent decree was obtained by the appellant as against the respondent on 8th March 1915. The decretal amount was payable in 12 instalments and there was the usual provision that in default of payment of one instalment the whole amount would be due. The judgment-debtor made payments till 1920, the last paym...
Kali Bilash Hazra Vs. Emperor
Court: Kolkata
Decided on: Aug-05-1929
Reported in: AIR1930Cal188
Graham, J.1. This is an appeal by one Kali Bilash Hazra who has been convicted by the unanimous verdict of the jury under Section 471, I.P.C., and sentenced to two years' rigorous imprisonment. There was also a charge under Section 193, I.P.C., in respect of which the accused was found by the unanimous verdict of the jury to be not guilty.2. The only point which has been taken on behalf of the appellant is that the learned Additional Sessions Judge was in error in not allowing the accused further opportunity to examine two witnesses named Hari Das Banerji and Rai Rakhal Mandal, who were alleged to have been material witnesses for the purpose of the defence, and who, though duly summoned by the Magistrate, had failed to attend the Sessions Court on the date fixed for the hearing of the case. The relevant sections of the Code of Criminal Procedure are Sections 211 and 291. Section 211 is as follows:(1) The accused shall be required at once to give in, orally or in writing, a list of the ...
Wilson-de-roze Vs. Wilson-de-roze
Court: Kolkata
Decided on: Aug-05-1929
Reported in: AIR1930Cal729
Panckridge, J.1. In this case, I made a formal decree nisi for dissolution of marriage on Friday, but, inasmuch as the circumstances raise questions of some public importance, I intimated that I would deliver a considered judgment today.2. The petition is a wife's petition for dissolution of marriage, on the ground of the respondent's adultery, cruelty, and desertion. The facts can be briefly stated. The parties, who are domiciled in British India, were married on 3rd October 1916; there have been two children of the marriage, a son born in December 1917, who is still surviving, and another child who was born in 1919 and died in infancy. The petitioner complains that not only did her husband treat her with great brutality, but, from the very outset, he neglected to maintain her or her children. She was compelled, as early as 1918, when her elder child was ill, to seek the hospitality of her sister Mrs. Cove. After the child recovered she was willing to return to her husband, but he ref...
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