Kolkata Court December 1930 Judgments
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Rabindra Nath Chakravarthi Vs. Jnanendra Mohan Bhaduri and ors.
Court: Kolkata
Decided on: Dec-11-1930
Reported in: 136Ind.Cas.466
1. This is an appeal by a decree-Holder from an order upholding the judgment-debtors' objection under Section 47, Civil Procedure Code, and dismissing the application for execution. The Court below has held that the decree sought to be executed was passed without jurisdiction and was, therefore, a nullity.2. Disputes having arisen over the provisions of a will left by one Rajendra Lal Goswami, which was proved on 19th December, 1917, there was an arbitration held by the late Mr. B. Chakravarti under the Arbitration Act, and Mr. Chakravarti made his award on 29th July, 1918. On the award being filed there were two petitions filed by the parties before the Court, the original side of the High Court, containing certain terms of settlement amongst themselves, in accordance with which the parties wanted the award to be varied. The learned Judge sitting on the original side thereupon mad a decree in which it was declared that,the said award as modified by the terms of settlement ought to be ...
Rahijaddi and ors. Vs. Emperor
Court: Kolkata
Decided on: Dec-10-1930
Reported in: AIR1931Cal189
S.K. Ghose, J.1. These seven appellants were tried before the learned Sessions Judge of Tippera on charges under Sections 302/149 and 148, I. P. C, and the appellant Afsar was further charged under Section 302/114, I.P.C. The jury by a majority of 7 to 2 returned a verdict of guilty on these charges and the learned Judge agreeing sentenced the appellants to undergo transportation for life. I need not now set forth all the facts alleged by the prosecution, and they have been clearly detailed by the learned Judge in his charge to the jury. It is alleged that on 17th October last at about 11-30 P. M. these appellants and others entered the house of one Sultanarma and killed her and her husband Nabi Newaz by hacking them with cutting instruments. The occurrence is alleged to have been witnessed by two persons, Majid and Sadagar, and the other witnesses came afterwards. The learned Judge in his charge to 'the jury dealt with the evidence of all witnesses in its various aspects and explained...
Aswini Kumar Dhara Vs. Emperor
Court: Kolkata
Decided on: Dec-10-1930
Reported in: AIR1931Cal262
Rankin, C.J.1. This is an application in revision against a conviction under Section 379, I. P. C, and the sentence of fine of Rs. 50, in a paddy-cutting case. Originally the case was dismissed; but an order of the Sessions Judge directed a. further enquiry, and, as a result, the trying Magistrate, and also the appellate Magistrate, have found that the land in question was in the possession of the complainant and also that the accused did cut the paddy. The evidence that the accused took part in the cutting of the paddy has been specially considered by both the Courts below and no question arises in revision upon that branch of the case. The application in this Court is based upon the fact that the appellate Court has paid great attention to the certified copy of a petition under Section 144, Criminal P. C, made by the complainant against, the accused. The accused, after a certain compromise in a partition proceeding appears to be the landlord of the land in question, and the petition ...
In Re: Ramlal Murlidhar
Court: Kolkata
Decided on: Dec-10-1930
Reported in: AIR1931Cal682
Rankin, C.J. 1. In this case it appears that three persons together with a fourth, the mother of one of them, were carrying on a business in copartnership as dealers in piecegoods and commission agents under the name and style of Ramlal Murlidhar. By a memorandum of agreement dated 30th day of April 1928, and made between the three persons to whom I have referred and between them only, it was nevertheless recited that the parties to the agreement together with one Mt. Rajo, the mother of Ramlal, were carrying on business in copartnership as I have stated. The instrument then went on to express an agreement that the partnership business should continue and that the profits of the business should belong to the partners in certain shares - the lady, Mt. Rajo being declared to have one equal twentieth part or share therein. By another clause, it was provided that, if there was any loss, the loss was to be paid and borne by the partners rateably and in proportion to their respective shares ...
In Re: Multanchand Johurmull
Court: Kolkata
Decided on: Dec-10-1930
Reported in: AIR1931Cal727
Rankin, C.J. 1. In this case the Commissioner of Income-tax has referred to this Court two questions. It appears that the assessees are a Hindu undivided family, that they have a certain business in Calcutta and that they also have certain businesses at places called Meckliganj and Jamaldi which are situated out of British India, in the State of Cooch Behar. It also appears that in assessing the assessees to income-tax, the income-tax authorities have found that the Cooch Behar businesses made remittances to Calcutta which exceeded the remittances which the Calcutta business made to them. In the books the matter was treated as though the remittances to Calcutta were carrying interest and, as the persons who paid and the persons who received this interest are the same, namely, the assessees- the undivided Hindu family--a question has arisen as to whether this book entry of interest has any consequence as a matter of inference of fact or otherwise. The first thing that happened was that ...
Secretary of State Vs. Gopalmal Purusotham Das
Court: Kolkata
Decided on: Dec-09-1930
Reported in: AIR1932Cal3
Suhrawardy, J.1. This is an appeal by the Secretary of State representing the E.I. Ry. Co., arising out of a suit for the price of goods lost in transit by the railway company. The plaintiff's case is that he sent two consignments of ''Benares cloths' from Moghal sarai to Howrah under two prepaid railway receipts, one consignment consisting of one parcel and the other containing two parcels, for street delivery in the city of Calcutta. The first consignment consisting of one parcel was entirely lost and one of the parcels of the second consignment was also lost. Only one parcel of the second consignment was delivered to the consignee. On these facts the plaintiff claimed damages as the value of the goods lost while in the custody of the railway company. The defendant raised various objection's on which two main issues arose and were tried by the Court below: (1) whether the missing packages did not contain silk of the value of more than Rs. 100 in each of the consignments.; and (2) whe...
In Re: Shewdayal Jagannath Benjraj
Court: Kolkata
Decided on: Dec-09-1930
Reported in: AIR1931Cal599
Rankin, C.J.1. In this case the assessees claim to be entitled to the allowance authorized by Section 10, Sub-section 2, Clause (7), Income-tax Act:in respect of any machinery or plant which in consequence of its having become obsolete has been sold or discarded.2. The Commissioner for Income-tax has disallowed the claim and has stated a case for the opinion of. the Court upon the question 'Was the claim for obsolescence allowance rightly disallowed?'3. It appears that the assessees purchased some old machinery and started oil mill in Calcutta just before the beginning of the year 1927-28 being Ramnavami year 1984. It was however worked at a loss and the oil mill was accordingly closed down in that year, some parts of the machinery being sold and the remainder scrapped. The present question arises out of the assessment for 1929-30 which has been based upon the income of the previous year, namely Ramnavami 1985. The finding of the Commissioner is to the effect that the business of the o...
Sm. Charusila Dasi Vs. Govt. Pleader
Court: Kolkata
Decided on: Dec-09-1930
Reported in: AIR1931Cal572
Mallik, J.1. This rule is directed against an order passed by the learned Special Judge of Birbhum directing the petitioner to pay process fees for notices on respondents in certain appeals before the Special Judge according to the scale laid down in the High Court rules framed under Section 20, Court-fees Act. It appears that the petitioner filed in the Court of the Special Judge a number of appeals against the decision of an Assistant Settlement Officer. The contention on behalf of the petitioner before me has been that the learned Special Judge was wrong in ordering payment of process fees according to the scale as laid down in the High Court rules and it was urged that process fees for the issue of notices on. respondents which the petitioner could legitimately be directed to pay ought to have been according to the scale provided for in Rule 65, Ch. 8 of the rules framed by the Local Government under the Bengal Tenancy Act. The question that would first of all arise for determinati...
Lalit Mohan Saha Vs. Sarojini Dasi
Court: Kolkata
Decided on: Dec-09-1930
Reported in: AIR1931Cal644
Cuming, J.1. The facts of the case in which this rule has been granted are briefly these: One Broja Mohan Saha has been ordered under Section 488, Criminal P.C., to pay a maintenance for the support of his two illegitimate sons. This maintenance was apparently not paid and a distress warrant was taken out against the aforesaid Broja Mohan Saha. There is a certain house which belongs to Broja Mohun and this house has been mortgaged to one Lalit Mohan Saha the uncle of Broja Mohan Saha. The learned Magistrate proceeded to pass the following order:Under these circumstances the income from the rent must be regarded as defendant's income which is spent under defendant's direction. I accordingly order that out of this income Lalit Mohun Saha do pay Rs. 10 per month towards the maintenance of the defendant's children. This order will take effect from the first week of September 1930.2. This is an order obviously not contemplated by Section 488. Section 488, Criminal P.C., says that if the mai...
Mt. Lachmi Devi and ors. Vs. Emperor
Court: Kolkata
Decided on: Dec-08-1930
Reported in: AIR1931Cal122
Rankin, C.J. 1. In this case, six women were found guilty of an offence under Section 188, I. P.C., and under Section 62-A (4), Calcutta Police Act 4 (B.C.) of 1866, and were sentenced each to simple imprisonment for four months under Section 188 I. P.C., no separate sentence being passed under the Police Act. It appears that the charge against them was that on Sunday 9th November last they were proceeding along a street singing a song and that, in this way they constituted a procession, 'they having had no license from the Commissioner of Police to take out this procession. The defence of the accused persons before the Presidency Magistrate was that they were going along singing a Bhajan song, that is to say, they were following one another at some distance in a certain amount of order but not very much and were engaged not in any political manifestation or anything harmful but merely in singing Bhajan songs. I understand that this sort of procession is not unknown and Bhajan song has...
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