Kolkata Court November 1933 Judgments
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Pratul Chandra Mitra Vs. Commandant, Hijli Detention Camp
Court: Kolkata
Decided on: Nov-15-1933
Reported in: AIR1934Cal259
Ameer Ali, J.1. We are called upon to consider certain action of the executive taken in pursuance of Section 2, Act 6 of 1930. Mr. Chaudhury pressed us not to allow our decision to be influenced by the fact that in one event the executive might be embarrassed. His apprehension was and remains groundless. We are not concerned with the necessities either of the executive or of the subject. We are concerned only to weigh the legal rights of the subject against the legal rights of the executive. I am prepared further to assume that the exercise of powers under emergency legislation in spite of every precaution is likely in certain cases to produce hardship. This may or may not be such a case. This Court, however, does not remedy injustice in the abstract. We are here to enforce legal rights and to remedy legal wrongs. It will, I think, be convenient first to summarize the facts in order of date. I will state first the actual facts, either established or conceded, and then the inferences wh...
Nalaki and ors. Vs. Abhayacharan Sil and ors.
Court: Kolkata
Decided on: Nov-15-1933
Reported in: AIR1934Cal294
Guha, J.1. This is an appeal by some of the defendants in a suit brought by the plaintiffs, for recovery of khas possession on declaration of their title to a strip of land. There was also a prayer made by the plaintiffs in the plaint, for a declaration of the plaintiffs' right of easement to use water by making a ghat in the tank of the defendants, which lies to the north of the land in suit.2. The defence of the contesting defendants to the suit was that the plaintiffs had no title to the land in suit. The right of easement asserted by the plaintiff's was denied by the defendants. It was asserted on behalf of the defendants that the land in suit appertained to their tank and was recorded as cadastral survey plot No. 514, the plaintiff's case being that the land in suit appertained to the plaintiffs' homestead which was recorded as cadastral survey plot No. 516. On the pleadings of the parties various issues were raised. The principal issues settled related to the question of the plai...
Emperor Vs. Surjya Kumar Sen and anr.
Court: Kolkata
Decided on: Nov-14-1933
Reported in: AIR1934Cal221,147Ind.Cas.32
1. The appellants before us were tried by Commissioners appointed under the Bengal Criminal Law Amendment Act of 1925. They were all charged with conspiracy to wage war against the King (Section 121-A, I. P. C.) and with waging or abetting the waging of such war (Section 121, I. P. C.) The appellant Sen was further charged with the murder of Capt. Cameron at Dalghat on 13th June 1932, and with the abetment of the murder of Mrs. Sullivan at Pahartali on 24th September 1932. The appellant Dastidar and the female appellant were charged with the attempted murder at Gahira on 19th May 1933, with the unlawful possession of explosives [Section 4(b). The Explosive Substances Act, 1908] and with the unlawful possession of arms and ammunition on the same date and at the same place [Section 19(f), Indian Arms Act 1878]. There is a further charge against the appellant Dastidar of attempting to murder Assistant Sub-Inspector Sasanko Bhattacharji on 6th March 1931.2. The trial began on 15th June 193...
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