Kolkata Court July 1930 Judgments
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Ohedali Sheik and anr. Vs. Emperor
Court: Kolkata
Decided on: Jul-24-1930
Reported in: AIR1931Cal65,129Ind.Cas.680
Jack, J.1. This appeal has arisen out of a case in which the accused were convicted under Sections 457 and 324, I. P.C., on the ground that they broke into the house of one Kali Charan Paramanik. The prosecution case is that on the night of 10th July 1929. the accused entered into the house of Kali Charan and that one of the accused, Ohedali Sheikh, who had a dagger in his hand, demanded of Kali Charan where he had kept his money and that thereupon Kali Charan told the accused that his money was in a large earthen jar on the floor of the south-western corner of the room; that when they advanced towards the jar he slipped away and stayed outside the hole which had been made in the wall of the room from the verandah; and that when the accused were coming out he caught the accused Sabed and while he was struggling with him Ohedali came from behind and attacked Kali Charan inflicting injuries on his arm and also injuries on his head and body and then the two accused went off. The principal...
Englishman Ltd. Vs. Antonio Anivabene
Court: Kolkata
Decided on: Jul-23-1930
Reported in: AIR1931Cal81,129Ind.Cas.863
Rankin, C.J.1. This is an appeal from the judgment and decree of my learned brother Buckland, J. whereby he gave to the plaintiff Rs. 7,500 as damages in respect of an alleged libel published in the issue of the newspaper called, The Englishman on 7th August 1929. The suit was brought in respect of two publications alleged to be defamatory--one on 5th August and the other on 7th. The case as regards the former was a case both against The Englishman Limited, a company owning the newspaper and against one De Silva -- a reporter on the staff of the said newspaper who on 4th August had an interview with the plaintiff. It appears that, on 4th August, there was a paragraph in another newspaper to the effect that, as a result of certain strikes in cotton mills in Lancashire, certain Italian cotton manufacturers were taking stops to come over to Calcutta with a view to increase the export of their cotton goods from Italy into Calcutta and to dispose of those goods here; accordingly Mr. De Silv...
Purna Chandra Sarkar Vs. Radharani Dassya and ors.
Court: Kolkata
Decided on: Jul-23-1930
Reported in: AIR1931Cal175
Costello, J. 1. This is an appeal from a decision of the Additional District Judge of Dacca whereby he reversed the decision of the Subordinate Judge, 2nd Court of Dacca. Originally there were three suits brought against certain receivers in which the plaintiffs were claiming general accounts. Before the conclusion of the matter however the claim of the plaintiffs as against two set of receivers was adjusted to the satisfaction of the plaintiffs and accordingly the Court of first instance was only called upon to give judgment in the case of one sot of receivers, namely Babus Brindaban Chandia Basak and Purna Chandra Sarkar and that in respect of the period commencing 23rd June 1920 and ending on 7th February 1921. The learned Subordinate Judge decided all the issues against the plaintiffs; and it is against that judgment that an appeal was preferred to the Court of the District Judge of Dacca.2. Only two points have been taken before us and the determination of the first one is in our ...
Mt. Attormoni Dasi and anr. Vs. Ramesh Chunder Bose
Court: Kolkata
Decided on: Jul-22-1930
Reported in: AIR1930Cal651,129Ind.Cas.787
Penckridge, J.1. This is an application on behalf of Ramesh Chunder Bose, an attorney of the Court, for an order under Chap. 38, Rule 59 of the Rules of Court, that the plaintiffs, Mt. Attormoni Dasi and Ashutosh Dhur, do pay him a sum of Rs. 23,755-3-0 being the balance of his taxed costs in this suit. The history of the suit, which is one for the administration of the estate of Pitambar Dhur, deceased, is as follows:Pitambar Dhur, the testator, died on 21st October 1897, leaving him surviving his two sons, the defendants Bepin Behary Dhur and Kali Charan Dhur, and four grandsons, the sons of his predeceased eldest son Narayan Chandra Dhur, the husband of the plaintiff Mt. Attormani Dasi, viz. Nabin Chandra, Ashutosh, Purna and Shibnatb. Ashutosh is one of the plaintiffs, Nabin Chandra, a defendant. Purna Chandra and Shibnath are dead. The former is represented by the defendant Mt. Sushila Sundari Dassi, his wiclow, and the latter by the female plaintiff, his mother. Pitambar's widow,...
Ashutosh Garai Vs. Balmukand Kishen Gopal
Court: Kolkata
Decided on: Jul-22-1930
Reported in: AIR1931Cal163
Patterson, J.1. This rule is directed against the judgment of the Small Cause Court Judge of Bishnupur dismissing the petitioner's claim to damages for breach of contract. The defendant contracted to sell 1,000 maunds of husks to the plaintiff at three and a half annas a maund. He duly delivered 589 1/2 maunds but delayed in the delivery of the remaining 410 1/2 maunds and finally tendered husks mixed with sand of which the plaintiff refused to accept delivery. The plaintiff's contention was that the husks subsequently tendered were not up to sample, that is, they we're inferior in quality to the husks previously supplied. The defendant's contention is that the husks of which the plaintiff refused to accept delivery were similar in quality to those already supplied and that at any rate the plaintiff had not succeeded in proving that they were in any way inferior in quality. The learned Small Cause Court Judge held that there was nothing to show that the defendant had agreed to supply h...
Nippon Yusen Kaisha Vs. Mahali Ram-ranjidas and anr.
Court: Kolkata
Decided on: Jul-22-1930
Reported in: AIR1931Cal269
Rankin, C.J.1. The appellants, Nippon Yusen Kaisha, are ship-owners, and we are concerned with two vessels Moji Maru and Hakata Maru which sailed from Calcutta in May and June respectively of 1926. The claim against the appellants is for the value of 325 bales of gunny bags, as damages caused to the plaintiffs, by the wrongful conduct of the appellants in issuing bills of lading for those bags to the International Export Company, Limited, and delivering them at Kobe to the order of this company. Each bale contained 400 bags.2. By a contract in one of the forms of the Indian Jute Mills Association, the plaintiffs on 27th January 1925, had bought a large quantity of gunnies from the Lansdowne Mills for delivery in April, May and June of that year. By another contract in similar terms they resold 3,20,000 bags to the International Export Company Limited which is now in liquidation. The sale in each case wasfree alongside export vessel in the port of Calcutta,and both contracts contained t...
Ramjiban Serowgee and ors. Vs. Nippon Yusen Kaisha and ors.
Court: Kolkata
Decided on: Jul-22-1930
Reported in: AIR1931Cal373
Buckland, J.1. The plaintiffs sue to recover Rs. 54,000 by way of damages and for other reliefs in the following circumstances. The plaintiffs are gunny brokers; defendant 1 company, to which I shall refer as the Export Company, is a company which carried on the business of dealers and exporters of gunnies; and defendant 2 company is a Japanese Steamship Company by which defendant 1 company used to ship their goods. Defendants 3, 4 and 5 are companies owning jute mills which produce the goods in which the plaintiffs and defendant 1 company deal. They were added as defendants after the suit was filed but no relief was claimed against them and at the commencement of the hearing Mr. Banerji on behalf of the plaintiffs agreed that as against them the suit should be dismissed, which was accordingly done. These companies appear to have been added as ornamental parties to borrow Vice-Chancellor Bacon's picturesque expression.2. The early stages of the matter with which this suit is concerned ...
Esmile UddIn Biswas and anr. Vs. Shajoran Nessa Bewa and ors.
Court: Kolkata
Decided on: Jul-22-1930
Reported in: AIR1931Cal649a
Guha, J.1. The appellants to this Court, the plaintiffs in the suit out of which this appeal has arisen, prayed for recovery of khas possession of the property in suit on establishment of their title to the same. The plaintiff's claim was based on a purchase at a sale held in execution o a mortgage decree obtained against one Bazu Molla. The purchasers at the sale were the hairs of the mortgagee Kashiruddin Shah Sheikh, who after their purchase at the Court sale, sold the lands in suit to the plaintiffs. The defendants who resisted the plaintiff's claim in suit, are the brother and the mother of Bazu Molla. Their case was that the mortgage was not a bona fide and valid transaction, that the decree passed on the basis of the mortgage was invalid, and the plaintiff's purchase therefore could not prevail against the title of the defendants as heirs of Bazu Molla, which was not lost by virtue of the sale held in execution of the mortgage decree against Bazu Molla.2. The Courts below have c...
Panchananda Kundu and ors. Vs. Rajani Kanta Pal
Court: Kolkata
Decided on: Jul-21-1930
Reported in: AIR1931Cal463
Costello, J. 1. This is an appeal from a decision of the Subordinate Judge, First Court, Dacca, reversing a decision of the Munsif at Munshiganj. The matter out of which this appeal has arisen was a suit for specific performance of a contract for the sale of certain land said to have been made by defendant 1 on behalf of himself and his two minor brothers. The land in question was a feel in Mouza Deoshair. The plaintiff's case was that in the latter part of Magh 1332 B. S. defendant 1 entered into a verbal contract with him for the sale of the land in question at the price of Rs. 1,850 and that the defendant by way of earnest took back from him a bond for Rs. 96 which had been executed by defendant l's father in favour of the plaintiff. The plaintiff further said that afterwards defendant 1 took back three other bonds which had then recently been executed for an aggregate sum of Rs. 200 on the understanding that the debt of Rs. 200 for which they were security would be credited towards...
Emperor Vs. Panchu Shaikh
Court: Kolkata
Decided on: Jul-18-1930
Reported in: AIR1931Cal178
Rankin, C.J. 1. In this case the learned Sessions Judge and a jury of nine tried the two accused persons Panchu Shaikh and Lalu Shaikh and they have been convicted of the murder of a small child called Kililaddi on 19th January of this year.2. The case for the prosecution is that there was much enmity between the accused'' and the family of one Basiruddi who is the father of. a boy called Afsar of some 17 years of age, another called. Momtajuddin of some seven years and the small child Kililaddi who is dead. These people appear to have been living in the same bari and, as the accused persons allege enmity between Basiruddi's family, and themselves and there is considerable evidence of quarrels between these two parties, the subordinate question of motive in this case gives little trouble. The jury have been unanimous in the case of both the accused.3. Some exception was taken to the form of the trial as regards the constitution of the jury. It appears that the jury at the end of the ba...
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