Kolkata Court February 1933 Judgments
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Harihar Prosad Das Vs. Umesh Chandra Das Mohapatra and ors.
Court: Kolkata
Decided on: Feb-02-1933
Reported in: AIR1933Cal798,147Ind.Cas.249
S.K. Ghose, J.1. This appeal arises out of a suit for recovery of possession of certain land on a declaration of the plaintiffs title thereto under the following circumstances: The land originally belonged to one Kuran Samal who mortgaged it to the plaintiff on 15th Agrahayan 1315. The plaintiff brought a mortgage suit, No. 870 of 1917, and as Kuran Samal was then dead, he made his widow Balaram Dasi a defendant as also one Guina Samal who was a subsequent transferee in respect of a portion of the mortgaged property. He obtained a preliminary decree on 9th September 1917 and thereafter the final decree. He put the decree into execution and himself purchased the property and took delivery of possession through Court on 31st May 1927. He was dispossessed on 28th November 1927 by defendant 1 who alleged that he had purchased the property from two persons who were the reversionary heirs of Kuran Samal. The plaintiff repudiated this allegation and brought the suit to recover possession as a...
Abdul Khaleque Vs. Emperor
Court: Kolkata
Decided on: Feb-01-1933
Reported in: AIR1933Cal606
Rankin, C.J.1. In my opinion this appeal succeeds. The case was that the accused caught hold of and committed rape on a girl who, according to the medical evidence, would appear to have had sexual intercourse before. The medical evidence is somewhat indeterminate and the learned Judge himself says on the question of the age of the girl that it was in no way proved that the girl was under 14 years of age, that her age is a matter of guess and the view taken by the jury at one stage had been that at any rate she was not more than 14 years. The learned Judge under the circumstances merely because the accused denied the whole story directs the jury that because the plea of consent has not been taken by the accused they need not determine whether the girl was below 14 or above 14 and they need not determine whether she consented or not. The learned Judge was entirely mistaken in his position. He ought to have told the jury that the burden was on the prosecution to prove, in addition to the ...
Chairman, Dist. Board Vs. Atul Chandra Pal
Court: Kolkata
Decided on: Feb-01-1933
Reported in: AIR1933Cal619,145Ind.Cas.841
ORDERCostello, J.1. This is a Reference by the District and Sessions Judge of Midnapore under Section 438, Criminal P.C., concerning a conviction of one Atul Chandra Pal under Section 21 read with Section 6(i)(e), Bengal Food Adulteration Act 6 of 1919(B.C.). The accused was sentenced to pay a fine of Rs. 100 for selling and exposing for sale adulterated mustard oil. There seems to be some doubt as to what actually occurred at the time when the Sanitary Inspector, employed by the Midnapore District Board, visited the shop belonging to Pal in company with the Circle Officer, Nagendra Nath Majumdar. It is to be regretted that the learned Magistrate who tried the case did not record in a systematic way the evidence of the two or three witnesses who were called before him. He recorded their evidence in indirect speech which makes it somewhat difficult to ascertain what the sequence of events in the shop really was. But the learned Magistrate has stated in his judgment:The salient facts of ...
Sailaja Ranjan Gupta and ors. Vs. Ram Gopal Dey
Court: Kolkata
Decided on: Feb-01-1933
Reported in: AIR1933Cal780
Mukerji, J.1. Some of the principal defendants are the appellants in this appeal which has arisen out of a suit which was instituted by the plaintiff for recovery of khas possession of certain lands on declaration of his jote right thereto. The plaintiff's case was that such right had been acquired by him by inheritance and by virtue of his possession for over 12 years. His case was that the defendants were the landlords of the lands in suit together with other lands and that they had dispossessed the plaintiff.2. The plaintiff further alleged that upon such dispossession there were proceedings under Section 144, Criminal P.C., in the course of which a compromise was entered into between the parties but that eventually the said compromise was not given effect to by the defendants, with the result that the plaintiff was obliged to institute the present suit. Some of the defendants contended that they had no connexion whatsoever with the suit land and they did not contest the plaintiff's...
Abdul Khalque Vs. Emperor
Court: Kolkata
Decided on: Feb-01-1933
Reported in: 145Ind.Cas.923
Rankin, C.J.1. In my opinion this appeal succeeds. The case was that the accused caught hold of and committed rape on a girl who, according to the medical evidence, would appear to have had sexual intercourse before. The medical evidence is somewhat indeterminate and the learned Judge himself says on the question of the age of the girl that it was in no way proved that the girl was under 14 years of age, that her age is a matter of guess and the view taken by the jury at one stage had been that at any rate she was not more than 14 years. The learned Judge under the circumstances merely because the accused denied the whole story directed the jury that because the plea of consent has not been taken by the accused they need not determine whether the girl was below 14 or above 14 and they need not determine whether she consented or not. The learned Judge was entirely mistaken in his position. He ought to have told the Jury that the burden was on the prosecution to prove, in addition to the...