Kolkata Court January 1930 Judgments
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Pannalal Lala Vs. Abdul Gani and ors.
Court: Kolkata
Decided on: Jan-03-1930
Reported in: AIR1930Cal473
1. The plaintiff appellant sued the defendants for an injunction restraining them from erecting a building on a piece of land on declaration of his title therein in maurashi jamai right, it being alleged by him that the defendants were mere tenants-at-will He valued the suit at Rs. 15. The suit was decreed by the Munsiff. On appeal by the defendants the Subordinate Judge set aside the decree of the trial Court and ordered that the plaint be returned to the plaintiff for presentation to the proper Court. His reason was a two-fold one : 1st, that the plaintiff had asked for declaration of title to and injunction in respect of 13 cottas of land which was worth Rs. 1,300 and so the suit should have been valued at Rs. 1,300 and was beyond the pecuniary jurisdiction of the Munsif; and 2nd, that the plaintiff had really a8ked for two declarations one relating to his own title as a maurashi tenant and the other relating to the defendants' title as tenants-at-will and also for an injunction and...
Thakurdas Mundra and ors. Vs. Emperor
Court: Kolkata
Decided on: Jan-03-1930
Reported in: AIR1930Cal637
Rankin, C.J.1. In this casa the Chief Presidency Magistrate has found 25 men guilty of an offence under Section 44, Calcutta Police Act (Bengal Act 4, 1866), that is, of the offence of keeping a certain house, room or place, to wit 2/1 Royal Exchange Place, as a common gaming house. It appears that the police raided the premises 2/1 Royal Exchange Place on 27th February 1929, and out of a large number of persons then and there arrested, the present accused were prosecuted. The accused are all modis or members of a limited company called the Bengal Jute Association Limited which carried on business at the address mentioned, and the sole question in the case is whether or not the transactions which were entered into or arranged by members of the association were wagering transactions or were in truth, as they purported to be in form transactions for the purchase and sale of jute for future delivery. This question is one of fact and it is for the prosecution to show that in these transact...
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