Kolkata Court December 1930 Judgments
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Banku Behari Ray and ors. Vs. Emperor
Court: Kolkata
Decided on: Dec-18-1930
Reported in: AIR1931Cal787
Lort-Williams, J. 1. In this case a conditional order under Section 133, Criminal P.C., was made directing the removal of a certain obstruction to a public cattle track. The opposite party showed cause under Section 135, Criminal P.C., and applied to the Magistrate to appoint a jury to try whether the conditional order was reasonable and proper. The jury was empanelled and they reported that the order was reasonable and proper. Thereupon the Magistrate made the order absolute under Section 139 (1), I. P.C. An application was made before the Court of Session for moving the High Court to set aside the order of the Magistrate. This was rejected and on an application to the High Court this also was rejected. Meanwhile a civil suit was instituted by the opposite party and in that suit a temporary injunction was obtained from the Munsif, Central Court, Comilla, ordering the defendants in that suit not to cut earth or trees from the land in dispute. Obviously that injunction was not directed ...
Rajjabali Khan Talukdar and ors. Vs. Faku Bibi and ors.
Court: Kolkata
Decided on: Dec-17-1930
Reported in: AIR1932Cal29
1. This is an appeal from an order of the Subordinate Judge, 1st Court, Bakarganj, reversing an order of the Munsif, 3rd Court at Patuakhali, on an application made under Section 144, Civil P.C. The facts are somewhat complicated but ignoring those that are not relevant at the present stage they may be stated thus quite shortly.2. One Khatejan Bibi and others who, for the sake of brevity may be called the petitioners in view of the application that was made by them under Section 144, Civil P.C., are holders of certain shares in a raiyati holding which was purchased in execution of a rant decree by the opposite parties Nos. 1 to 11 who are co-sharer landlords, a 12 annas share being purchased jointly by the opposite parties Nos. 1 to 10 and the remaining 4 annas share by the opposite party No. 11. After ,their purchase, the opposite parties Nos. 1 to 10 gave a lease of their 12 annas purchased share to one Rajjabali: Rajjabali was resisted by the petitioners in his attempt to take posse...
Jnanchandra Dutta Vs. Mahim Chandra Das
Court: Kolkata
Decided on: Dec-17-1930
Reported in: AIR1932Cal83
1. Three points have been taken by the learned advocate for the appellant in this case. The suit is one for redemption of a mortgage. The plaintiff is the purchaser of the equity of redemption, In the bond the interest payable to the mortgage was stated at 12.5 per cent per mensem. The lower appellate Court has reduced it to 2 par cent par mansem on consideration of the relevant sections in the Usurious Loans Act as amended by Act 28 of 1926. The argument of the appellant is that the amended Act could have no operation whatsoever to this mortgage. In order to determine this one has got to find out exactly what the amendment is; and looking to the words of the amendment by the Act of 1926 there cannot be much doubt that the amending words are attracted to the subject-master of this mortgage. There are express words showing that the mortgage such as was executed in this case on 12th November 1923 is hit by the words used in the amending Act of 1926. It is not a question of retrospective ...
Susen Behary Roy Vs. Emperor
Court: Kolkata
Decided on: Dec-17-1930
Reported in: AIR1931Cal183
Rankin, C.J.1. The accused Susen Behari Boy, together with his mother Swarna Sundari Dassi was tried at the High Court Sessions in May last by . my brother Mallik, with the aid of a special jury, upon three charges of criminal breach of trust laid, under Section 406, I. P.C., and a charge under Section 477, I. P. C, of secreting a document which was, or purported to be a will executed in 1915 by his father Gosto Behari Roy. Certain charges against the accused Susen, had been framed under Section 404, I. P. C, but these charges were withdrawn and need not be further referred to. The two accused were also charged with the offence of criminal conspiracy.2. The jury, by their verdict negatived the charge of conspiracy and acquitted Swarna Sundari Dassi of all charges. They convicted the accused Susen upon all the three counts 'laid under Section 406, I.P. C, and also of the charges under Section 477. I. P.C. He was sentenced by the learned Judge to two years' rigorous imprisonment for crim...
Emperor Vs. Baharali Biswas
Court: Kolkata
Decided on: Dec-17-1930
Reported in: AIR1931Cal634
Cuming, J.1. This is a reference by the learned Sessions Judge of Nadia in the case of one Baharali Biswas who has been convicted under Section 182, I. P.C., and sentenced to a fine of Rs. 50. The facts of the case are briefly as follows: some time in 1929 Baharali the present petitioner, lodged information at the thana in which he stated that certain articles belonging to his master, the zamindar, had been stolen and that he suspected a certain paik of his as having been concerned in the theft. The police after investigation came to the conclusion that the information was false and that really it was the petitioner himself who was concerned in the theft. On the complaint of the Sub-Inspector of Police summons was issued against the petitioner under Section 182, I. P.C., for appearance on 24th March 1930. On that date the accused petitioner appealed and filed a petition definitely alleging that the police bad not held any proper investigation and had not examined any witnesses on the p...
Ambikacharan Das Vs. Basantkumar Mandal
Court: Kolkata
Decided on: Dec-16-1930
Reported in: AIR1932Cal73
C.C. Ghose, J.1. This appeal must be dismissed and for the following reasons: It arises out of a suit for enhancement of rent in respect of a tenure, the incidents of which are governed by a patta and a kabuliyat, covering 240 bighas, of which the jama was settled at Rs. 270, at the rate of Re. 1-2-0 per bigha. The point for our decision is what is the effect of the terms used in the two documents. The patta and kabuliyat are in identical terms. The landlord states that although the tenure in question is a permanent and heritable one there are no words in the kabuliyat or patta, which could be construed for the purpose of holding that the rent was fixed in perpetuity and could not be enhanced.2. Now, it appears to be clear from the documents that the land in question was at the inception, full of jungle. That is a circumstance which must be borne in mind for the purpose of determining the point which has now arisen. It follows that the tenant must have been exposed to considerable worr...
Akbar Seikh and ors. Vs. Emperor
Court: Kolkata
Decided on: Dec-16-1930
Reported in: AIR1932Cal395,137Ind.Cas.682
Williams, J.1. This reference and the appeal have been heard by us together. They both arise out of the same case. A number of men were charged under Sections 342, 365 and 366, I.P.C. Five of them were convicted. Abdul Gani, whose case was referred to this Court, was convicted under Section 342, I.P.C. Akbar and Kamiruddin were convicted under Sections 342, 365 and 366 and sentenced under Section 366 to two years rigorous imprisonment. Sadan and Sabdul were convicted under Section 342 and sentenced to six months' rigorous imprisonment. These four have appealed against their convictions. The learned Judge has referred the case of Abdul Gani because he is of opinion that there was no evidence against him. Dealing with that point first we are of opinion that there was evidence against him although perhaps to a loss degree than some of the others who were charged by the prosecution with those offences. There were five jurors and their verdicts were by a majority of 3 to 2.2. The story was ...
Ruhini Kumar Das and ors. Vs. AmiruddIn Kaviraj and ors.
Court: Kolkata
Decided on: Dec-16-1930
Reported in: AIR1932Cal405,137Ind.Cas.668
Suhrawardy, J.1. The facts upon which the decision of these appeals rests are that some persons living in the United Provinces named Sukuls obtained an ijara of a tenure from the Government in a khas mahal. The Sukuls formed three groups of persons governed by the Mitakshara School of Hindu law. The three groups were not living in commensality but each group formed a Mitakshara family. There was a non-transferable raiyati jote under them held by two tenants Balaram and Bhagaban (hereinafter called original tenants). On the death of the latter his four sons were joint tenants with Balaram. Although the tenancy was nontransferable, the tenants sold away a major portion of the tenancy to a number of persons including the defendants who were entered in the Record of Rights prepared subsequently as in possession of the several plots. There was only one plot No. 1212 which was shown in the possession of the original tenants. On 12th January 1920, the Sukuls brought a suit for arrears of rent...
Bibhuti Bhusan Dutta Vs. Secy. of State and ors.
Court: Kolkata
Decided on: Dec-16-1930
Reported in: AIR1931Cal284
1. In 1899 the Government resumed 34 bighas odd lands as chowkidari chakran lands and transferred them to the Maharaja of Burdwan subject to the payment of a certain sum as revenue. There was a patni under the Maharaja in respect of this estate which was then held by one Anath, Bandhu. Subsequent to the transfer to the Maharaja of the chakran lands-Anath Bandhu executed a patni lease in favour of the Maharaja in respect of' these lands under which he undertook: to pay on behalf of the Maharaja Rs. 25 odd as the Government revenue and the balance Rs. 13 odd to the Maharaja as rent. That was in 1905. Anath's patni was sold and purchased by the plaintiffs. in 1916. In 1918 this suit was brought by the plaintiffs for a declaration that out of the lands which were resumed by the Government as chakran, a portion, was mal land of the original patni. In, that suit they made the Maharaja of Burdwan a defendant and the defendants. 1 to 6 were said to be the previous purchasers of this patni rela...
B.N. Sasmal Vs. Emperor
Court: Kolkata
Decided on: Dec-16-1930
Reported in: AIR1931Cal263
Rankin, C.J.1. In this case the learned Sessions Judge of Midnapore has referred to us under Section 438, Criminal P. C, an order made by the Additional District Magistrate of that place, dated 15th November 1930. By that order, after reciting certain matters, the Magistrate gave the following direction:I direct that the said Mr. B. N. Sasmal, Bar-at-law, at present in the town of Midnapore within the local limits of ray jurisdiction, under Section 144, Criminal P. G., do abstain from staying at the town of Midnapore or any part of the district, and to leave the district by the next available train and also to abstain from returning to any place within the district with effect from the date of the order for the statutory period of two months.2. I omit all reference to other matters which the Sessions Judge has referred to in his reference as reasons why this order must be set aside as bad, either bad in point of propriety or bad in point of jurisdiction; but I am very clearly of opinio...
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