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Kolkata Court January 1933 Judgments

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Jan 05 1933

Abdur Rahim Molla and ors. Vs. TamijaddIn Molla

Court: Kolkata

Decided on: Jan-05-1933

Reported in: AIR1933Cal580,145Ind.Cas.381

ORDERPatterson, J.1. The petitioners in this case have obtained a decree for specific performance against the opposite party. By that decree it was in effect ordered that on the petitioners depositing a sum of Rs. 235 in Court within 15 days of the date of the decree the opposite party should execute and register a kobala in their favour in respect of the land in suit and that in the event of the opposite party failing to do so the petitioners would be entitled to have a kobala executed and registered through the Court. The petitioners having failed to deposit the entire amount within the time allowed by the Court applied to the Court for an extension of time to enable them to put in the balance, at the same time stating in explanation of the delay that the pleader's letter informing them of the result of the suit had reached them too late and that they had therefore not been able to procure the whole amount in time. The learned Munsif however rejected the application, holding that he ...


Jan 04 1933

Mahendrakumar Baishya Shaha Vs. Deeneshchandra Ray Chaudhuri

Court: Kolkata

Decided on: Jan-04-1933

Reported in: AIR1933Cal561,145Ind.Cas.597

Mitter, J.1. This is an appeal against an order of the Subordinate Judge; Second Court of 24 Parganas, and arises out of an application made by the Official Receiver concerning an insolvency proceeding, in which the receiver asked the Munsif of Alipore, who dealt with the matter in the first instance, that a certain auction sale, which was held at the instance of one of the decree-holders should not be confirmed. The Munsif was of opinion that the sale was not illegal and should be confirmed. An appeal was taken to the Court of the Subordinate Judge of 24-Parganas. He set aside the order of the Munsif and he was of opinion that the order of the Munsif directing the sale and confirming it should be set aside. Against this order the present appeal has been brought, and it is contended by the decree-holder, who is himself the purchaser, that the order of the Subordinate Judge is not justified by the provisions of Section 52, Provincial Insolvency Act. The respondent has taken a preliminar...


Jan 03 1933

Rajeswari Debi Vs. Emperor

Court: Kolkata

Decided on: Jan-03-1933

Reported in: AIR1933Cal861,147Ind.Cas.1007

Rankin, C.J.1. In this case the appellant before us is a woman named Rajeswari Debi. She was put on her trial before the learned Sessions Judge of Burdwan and a jury upon a charge of murder under Section 302 and another separate charge of abetment of murder under Section 302 read with Section 109, I.P.C. The charges were in respect of the death of a woman called Lilabati who was found with her head almost severed from her body on her bed in her own house on the morning of 22nd January 1931. The prosecution case was that Lilabati's husband was away on business and that the accused who lived at a house of her own some 6 or 8 bighas distant was to come in and sleep at night with Lilabati and keep her company. It further appears that Lilabati had a small child of about 15 or 18 months who slept with her. On the morning of 22nd January Lilabati's maidservant of the name of Jhalu Metani (P.W. 6) found that her mistress was lying in bed with her throat cut in the way I have mentioned. She saw...


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