Kolkata Court November 1933 Judgments
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Dharanidhar Mandal Vs. Emperor
Court: Kolkata
Decided on: Nov-23-1933
Reported in: AIR1934Cal432
ORDER1. The accused Dharanidhar Mandal was tried by the Sessions Judge of Birbhum with the aid of a jury on charges in the alternative under Sections 304/201 and Sections 325/201, I. P. C. The jury unanimously found the accused guilty under the latter charge. The learned Judge was of opinion that the verdict was perverse and that the accused is entitled to an acquittal. He has accordingly made this reference under Section 307, Criminal P. C. Quite apart from the merits of the case, it is impossible to uphold the trial that was held, because of the opinion which the learned Judge has so strongly expressed as regards the atmosphere of bias and prejudice in which it took place. He has observed that there were strong rumours in the town of Rampurhat and a certain amount of feeling about the case, the main plank in the prosecution case being an allegation that a true and genuine case of murder or at least killing of an innocent woman by a wealthy Marwari had been hushed up by the Police Off...
Prasannakumar Datta Vs. Secy. of State
Court: Kolkata
Decided on: Nov-23-1933
Reported in: AIR1934Cal525
Mitter, J.1. This is an appeal by the claimants against an award made by the Subordinate Judge, 1st Court, Sylhet, exercising the powers under the Land Acquisition Act. It appears that certain lands of the claimants were compulsorily acquired for the K.L.V. Railway line. The lands form the western portions of the claimants' homestead, as will appear from the map prepared by the pleader commissioner, which is annexed to the paper-book. The homestead of the claimants is a very large one and towards the west of the homestead there is a wall of a certain height; there is also a wall towards the north of the homestead. On notice being given for the acquisition of the land for the purpose of the railway line, one of the claimants, Prasannakumar Datta, wrote a letter to the Land Acquisition Collector on 26th January 1927, in which he stated that the K.L.V. Railway line has touched the border line of the western compound wall of his residential house at Kayasthegram and the band of the line se...
J.C. Galstaun Vs. Janaki Nath Roy and ors.
Court: Kolkata
Decided on: Nov-23-1933
Reported in: AIR1934Cal615,152Ind.Cas.215
1. This is an application for return of a memorandum of appeal (which was not registered on the ground that it was filed out of time) with a certificate authorising the petitioner to receive back from the Collector the amount of the court fee paid on the memorandum. The application Was opposed on behalf of the Government. The first ground on which the application was opposed was that the application did not come within the purview of Section 13, Court fees Act, which is the rule on the subject of refund of court-fees paid on a memorandum of appeal. The application strictly speaking is true and does not come within the purview of Section 13. But it has been held in more than one decision that Section 13 is not exhaustive and that the High Court in suitable cases may exercise its inherent powers vested in it by Section 151, C.P.C, and order refund of court-fees paid.2. The learned Government pleader next contended that this is not a fit case where this inherent power should be exercised....
Prokash Chandra Chakravarthy and ors. Vs. Barada Kishore Chakravarty a ...
Court: Kolkata
Decided on: Nov-21-1933
Reported in: AIR1934Cal282
Mitter, J.1. This appeal is directed against an order of remand made in a suit for contribution. The contention of the defendants, now appellants, is that the entire suit should have been dismissed by the lower appellate Court as the amount in question in the suit was not legally recoverable from them. In order to understand this contention a few relevant facts need be stated. It appears that the Maharaja of Tipperah obtained a decree for Rs. 674 for arrears of rent against the tenants of a certain taluq on 5th May 1908; in execution of the said decree the tenure was sold on 27th May 1912 for Rs. 4,850; out of this sum Rs. 984-1-0 was appropriated towards the decretal debt and Rs. 3,865-15-0 remained as surplus sale proceeds. On 22nd December 1911 the Maharaja got a decree for rent for the subsequent period against the said tenants in respect of the same holding and in execution of the said decree the Maharaja attached the surplus sale proceeds, but in the meantime one Kamalakanta Bani...
Annada Sundari Gupta Vs. Ratan Ram Deb
Court: Kolkata
Decided on: Nov-21-1933
Reported in: AIR1934Cal370
Nasim Ali, J.1. This is the plaintiff's appeal in a suit for recovery of arrears of rent for the years 1332 to 1335 B.S. with damages and coats. The plaintiff's case is that her father was the owner of the land for which the rent is claimed, that the suit lands along with other lands were bequeathed by him in favour of her mother absolutely, that after her death she being the sole heiress of her mother is entitled to recover rent from the tenant defendant. The defence substantially is that the suit is bad for defect of parties inasmuch as under the terms of the will left by the plaintiff's father her mother got only a limited estate and after her death the plaintiff as well as other persons, namely, Nagendra Chandra Dutta and others were entitled to get the rent. The learned Munsif held that under the will the plaintiff as well as the other persons alleged by the defendants became entitled to the property after the death of the plaintiff's mother and in that view dismissed the plaintif...
Sm. Charubala Basu Vs. German Gomez
Court: Kolkata
Decided on: Nov-21-1933
Reported in: AIR1934Cal499,152Ind.Cas.212
Jack, J.1. This appeal has arisen out of a suit for ejectment of a sub-tenant and for mesne profits. The defendant originally held the land under a kole karsha kabuliyat for nine years which he executed in favour of Mr. John Louis. He got a renewal of the lease in 1320 executing a fresh kabuliyat for nine years and paid rent up to 1327 B. E. for the land and for three years to the plaintiff to whom Mr. John Louis had transferred his interest in 1325 corresponding to 1918. On the termination of the lease in 1922 the plaintiff asked the defendant to quit possession and had a notice served upon him. In the trial Court the suit was decreed. The plaintiff's title as claimed was declared and it was ordered that she should recover khas possession after eviction of the defendant.2. In the appellate Court the appeal was allowed and the prayer for khas possession was dismissed. The plaintiff's title to the land was declared and it was declared that the defendant was her ten. ant. The appellant u...
Gourgopal De Sarkar and ors. Vs. Kamalkalika Datta and ors.
Court: Kolkata
Decided on: Nov-21-1933
Reported in: AIR1934Cal559,152Ind.Cas.69
Panckridge, J.1. The history of the circumstances which have occasioned this application is set out in detail in the applicant's petition, and there is no need to repeat it. The question for decision concerns the effect of the preliminary decree made on 21st July 1933, in suit No. 2442 of 1932 (Gourgopal De Sarkar v. Mrs. Kamalkalika Datta) filed by the plaintiff on behalf of himself and the other creditors of Nirmal Datta, deceased. At the date of the decree the applicant had attached the insurance money lying with the insurance company and payable to the heirs of Nirmal Datta, in execution of a decree for Rs. 1,883-0-3 made by the Court of Small Causes on 9th January 1933, the actual date of attachment being 19th July 1933. The plaintiff in suit No. 1916 of 1932 (Narendranath Pal v. Mrs. Kamalkalika Datta) had served the insurance company with a garnishee notice for Rs. 4,500, being the amount of his decree in that suit and his estimated costs. On 11th July 1933, the moveable propert...
Trailakya Nath Bhattacharjee Vs. Bhupendra Nath Mukherjee
Court: Kolkata
Decided on: Nov-17-1933
Reported in: AIR1934Cal257,150Ind.Cas.123
Mallik, J.1. This appeal has arisen out of an application under Section 105, Ben. Ten. Act, for settlement of fair and equitable rent. The application was made by the landlord in respect of a tenancy which had been recorded as a tenure belonging to the defendant with an area of 24 bighas odd at a rental of Rs. 29 odd in the finally published Record of Rights. In the Record of Rights the tenure was also shown as a mokarari tenure. In the proceeding under Section 105 a question was raised as to whether the tenure was mokarari or not. The Assistant Settlement Officer came to the conclusion that the existing rent of the tenure was fair rent and he held also that although the tenure was a permanent one the rent was liable to enhancement and he directed an entry to be made in the Record of Rights accordingly. Against this decision of the Assistant Settlement Officer there was an appeal taken by the tenant to the Special Judge but without any success. Now the tenant-defendant has appealed to ...
Bhudhar Chandra Chattopadhya Vs. Keshab Chandra Ghose and anr.
Court: Kolkata
Decided on: Nov-17-1933
Reported in: AIR1934Cal258
ORDERGuha, J.1. This Rule was issued on the opposite party to show cause why the order of the learned Additional District Judge of Howrah passed on 25th April 1933, in Misc. Appeal No. 1 of 1933 setting aside an order of the Munsif at Amta dated 26th November 1932 allowing an application of the petitioner in a proceeding in execution of a decree in which the relief claimed was that the decree could not be executed against him. The facts and circumstances of the case giving rise to the application before the executing Court, have been set out in very great detail in the judgment of the Courts below, and were placed before me by the learned advocates appearing for the parties in this Rule. The question of jurisdiction properly so called, as raised in this Rule, relating to the inadmissibility of the appeal before the learned Additional Judge, must be decided against the petitioner. The application before the executing Court was obviously one under Section 47, Civil P. C, and could not be...
Kalachand Bysack Vs. Amulyadhone Banerjee
Court: Kolkata
Decided on: Nov-17-1933
Reported in: AIR1934Cal474
Panckridge, J.1. This is a suit of a somewhat unusual kind. There was a suit of 1904 relating to a certain debutter estate. It appears there were two families, each of which sought to have its members appointed as shebaits. One family may conveniently be referred to as the Bysacks, and the other family as the Setts. Litigation was prolonged, and in 1919 there was an appeal to the Privy Council. At that stage a gentleman named Atul Chunder Bysack was a defendant in the suit, and as such a respondent in the appeal. It is stated however that he took nO great interest in the litigation either when it was before this Court or when the appeal was pending before the Judicial Committee. He died in 1922, leaving him surviving his wife, a lady named Nandarani Dassee, and the three plaintiffs before me, all of whom were then infants.2. In December 1922, Mr. J. C. Dutt, who was acting for one of the Sett family, took out notice of motion for delivery by certain of the Bysacks of the thakur to his ...
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