Kolkata Court December 1931 Judgments
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The Superintendent and Remembrancer of Legal Affairs Vs. Ludur Chandra ...
Court: Kolkata
Decided on: Dec-22-1931
Reported in: AIR1932Cal465,136Ind.Cas.137
Rankin, C.J.1. In this case, the accused Ludur Chandra Das was convicted by the trial Magistrate of an offence under Clause (c) and also Clause (e), Section 9, Opium Act (l of 1878). On appeal, the learned Additional Sessions Judge of the Assam Valley Districts has set aside both those convictions. The Government has brought this appeal against that order of acquittal made by the learned Judge.2. The facts of the present case as proved by evidence are particularly short and conclusive. The accused is an Assamese living in Assam. The part of Assam to which he belongs is a place called Bokakhab. In May 1930, he sent some telegrams to a relation of his named Khagendra Nath Saikia who also lives in Bokakhat. These were sent from Cooch Behar: but the original writing of the telegrams has been produced and proved. The telegrams asked Khagendra not only to send him money but intimated that certain things were being sent by the accused from Cooch Behar to Khagendra in Bokakhat. One telegram ra...
Secy. of State Vs. (Chowdhury) Biswambhur Das, Prohoraj Mahapatra and ...
Court: Kolkata
Decided on: Dec-22-1931
Reported in: AIR1932Cal638
Jack, J.1. These appeals have arisen out of three suits in which the plaintiff sought to establish his title to certain lands which have been declared to be chowkidari chakran lands resumable by Government at an inquiry purporting to be held under Section 58, Village Chowkidari Act 6 of 1870.2. The suits have been decreed in both the Courts below against the Secretary of State for India in Council. In the appellate Court the suits have been decreed on the ground that the Commissioner who made the inquiry under Section 58 of the Act did not comply with the provisions of the law and therefore the order of the Commissioner is not final under Section 61 of the Act as it otherwise would be.3. The chief point urged in this appeal is that this Court, under the provisions of Section 61 of the Act, has jurisdiction to inter-fore with the Commissioner's order which is final and conclusive.Chowkidari chakran lands as described in Section 1 of the Act are lands which may have been assigned, otherw...
Rajendra Nath Kanrar Vs. Kamal Krishna Kundu Chowdhury
Court: Kolkata
Decided on: Dec-18-1931
Reported in: AIR1932Cal558
Mukerji, J. 1. These Rules have been issued to show cause why the appeals which the petitioner has presented to this Court should not be registered, time for preferring the same being extended under Section 5, Limitation Act. The facts in the two cases are similar. The petitioner was a party to two awards made by the Land Acquisition Collector and had been given a portion of the compensation money on account of his interest as tenant's share in the acquired properties. The opposite party was awarded the balance amount of the awards. The total amount of the compensation was thus divided between the petitioner and the opposite party in the proportion of one-third and two-thirds. The opposite party thereupon applied for references under Section 18, Land Acquisition Act. To this the petitioner objected alleging that the apportionment as made by the Collector was correct. The references were made and two apportionment cases were started in the Court of the District Judge. There were several...
H. Birks Vs. Emperor
Court: Kolkata
Decided on: Dec-17-1931
Reported in: AIR1932Cal488
1. In these two appeals the two appellants had orders passed against them by the Fifth Presidency Magistrate under 3. 562, Criminal P.C., directing the appellant in each case to be released on executing a bond of Rs. 200 with one surety of like amount, to be of good behaviour for two years and to come up for sentence when required to do so. This is as much as to say that instead of sentencing the appellants the Magistrate dealt with them under the special provisions of Section 562.2. A preliminary objection is taken to these appeals being incompetent, under the provisions of Section 411, Criminal P. C, Section 404, Criminal P. C, provides that no appeal shall lie from any judgment or order of a criminal Court save as provided for by this Code or by any other law for the time being in force; and Section 411 provides that any person convicted on a trial held by a Presidency Magistrate may appeal to the High Court, if the Magistrate' has sentenced him to imprisonment for a term exceeding ...
Basanta Kumar Choudhury and anr. Vs. Baikuntha Nath Chakravarty and an ...
Court: Kolkata
Decided on: Dec-17-1931
Reported in: AIR1932Cal555
Guha, J.1. This appeal has arisen out of an order passed by the Sub3rdinate Judge, First Court, Sylhet, disposing of certain objections to the execution of a decree, raised by judgment-debtors 1 and 3, the appellants in this Court, under Section 47, Civil P.C. It appears that an application was made on 17th February 1925, for execution of a decree passed on 29th February 1924, in favour of the decree-holder respondent, Rai Baikuntha Nath Chakravarti Bahadur. There were three judgment-debtors (1) Basanta Kumar Chowdhury (2) Biswanath Chowdhury and (3) Birendra Kumar Chowdhury, against whom execution of the decree was applied for. Of these judgment debtors, Basanta and Birendra are the appellants in the present appeal. The claim made in the application for execution of the decree to which reference has been made, was for recovery of the amount of Rs. 47,308-8-5 which included interest on the amount decreed in favour of the decree-holder, up to the date when the application for execution ...
Chand Khan Vs. Emperor
Court: Kolkata
Decided on: Dec-16-1931
Reported in: AIR1932Cal489
1. There were seven accused tried for en offence under Section 54-A, Calcutta Police Act. The other accused who were dandis of a boat were acquitted. The present applicant has been convicted as being the majhi of the boat and sentenced to six weeks' rigorous imprisonment. The offence related to certain quantities of betelnuts which were found in the boat of the present petitioner on search. Section 54-A provides for penalty of imprisonment or fine in the case of a man who is found in possession of any-thing which there is reason to believe, has been stolen or fraudulently obtained. It is quite clear that the facts must be shown and findings arrived at that there is ' reason to believe.' Once that has been done, then under the latter part of the section the accused may be called upon to account for hie possession. The matter is well set out in the case of Sukha Kalwar v. Emperor [l9l8] l9 Cr.L.J. 933 which was a case somewhat similar to the present one where this Court intervened and se...
Benoy Bhusan Das Vs. Uma Charan Poddar
Court: Kolkata
Decided on: Dec-10-1931
Reported in: AIR1932Cal490
1. This Rule is directed against the decision of the Subordinate Judge, First Court at Barisal, dismissing an appeal before him on the ground that no appeal lay in the case under the law. In that view of the matter the learned Subordinate Judge confirmed the order made by the primary Court, the Munsif's first Court at Barisal. The order of the Munsif against which an appeal was preferred by the petitioners, to the Court of the Subordinate Judge, was passed on an application for getting aside a sale, made under the provisions of Section 174, Ben. Ten. Act. The Munsif, it may be mentioned, was an officer specially empowered to exercise final jurisdiction in cases referred to in Section 153, Ben. Ten. Act. The application for setting aside the sale was made by the petitioners before us and related to execution of the decree in a suit for rent valued at less than Rs. 50. The question before the Munsif was whether there was a fraudulent suppression of sale processes, and the Munsif in his o...
Rama Aiyar and anr. Vs. S.P. Das Gupta
Court: Kolkata
Decided on: Dec-08-1931
Reported in: AIR1933Cal149
Pearson, J.1. The petitioners are the representatives of the Commercial Credit Corporation Ltd. This company let out motor lorries and cars on the hire purchase system, and in the present case the hirer was the opposite party to this rule. The hirers had made various payments in fulfillment of his contract, when some dispute arose between the parties and the petitioners managed to take forcible possession from the hirer and removed the car to their own premises. The hirer thereupon filed a complaint before the Presidency Magistrate and asked for a search warrant for the lorry. The Magistrate made the order, upon the complainant giving a bond to produce it whenever required. The present petitioners came in and alleged that the hirer had been guilty of various breaches of the contract and defaults in payment, and they had given notice more than once that the hire of the vehicle would be terminated and possession resumed by the hirers in terms of the agreement. The Magistrate passed order...
Nandalal Ganguli Vs. Dasarathi Mukerjee and ors.
Court: Kolkata
Decided on: Dec-07-1931
Reported in: AIR1932Cal534
Mukerji, J.1. This Rule has been issued to show cause why an appeal which the petitioner has filed in this Court should not be registered, though filed out of time, by availing of the provisions of Section 5, Lira. Act. The facts necessary to be stated are the following: The petitioner's father was the objector in a case in which probate of a will had been applied for by the opposite party. On 19th September 1930, the application for probate was allowed with costs by the Subordinate Judge, Second Court, at Alipur. A decree in accordance with the aforesaid decision was drawn up on 22nd November 1930. On 16th December 1930, the opposite party applied for an amendment of the decree. It appears from the papers which the opposite parties have now produced before us that this application for amendment related only to the question of a certain item of costs which had been omitted from the schedule of costs appended to the decree. The application for amendment was opposed by the petitioner's f...
Emperor Vs. BepIn Behari Ganguly
Court: Kolkata
Decided on: Dec-07-1931
Reported in: AIR1932Cal549
Panckridge, J. 1. Some revolutionary songs were sung at a meeting whereof the accused was the president. The subject of the meeting was the execution of Ramkrishna Bishwas who had been sentenced to death for murdering a police officer. The accused was tried at the High Court Session by Panckridge, J. and a special jury, and was charged under Sections 117, 147 and 302, Penal Code. His Lordship while charging the jury said; You can abet a person in three ways. You can abet him by instigation. If there was evidence for your consideration that the accused positively encouraged the boy or that he persuaded him to sing these songs, it would be for you to say whether you believed that evidence or not. But there is no evidence of that and the Grown does not rely on that form of abetment. The second form of abetment which the law contemplates is abetment by conspiracy. If these objectionable songs were sung in pursuance of an agreement come to between the accused and Upen, that would be abetmen...
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