Kolkata Court December 1934 Judgments
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Abdul Latif Laskar and anr. Vs. Aklu Mia Laskar
Court: Kolkata
Decided on: Dec-07-1934
Reported in: AIR1935Cal500
Guha, J.1. The plaintiff in the suit out of which this appeal has arisen, as the purchaser at a sale held in execution of a decree, prayed for declaration of his title to the property in suit, and for possession of the same. The plaintiff's claim was resisted by defendants 1, 2, 3, 4 and 9. It appears that defendants 1 and 2 objected to the attachment of the property in execution and claimed the property as their own; the claim thus made under Order 21, Rule 58, Civil P.C., and the objection to attachment of property were not investigated for the reason that the Court before which they were made considered that they had been unnecessarily delayed. The order recorded by the Court was to the effect:The claims have been filed. The land was attached a long time ago by beat of drum and sale proclamation was also issued. It appears to me that the claims have been unnecessarily delayed. No order for investigation of the claims will accordingly be raised.2. The case of defendants 1 and 2, the ...
Emperor Vs. Ajahar Mandal and ors.
Court: Kolkata
Decided on: Dec-07-1934
Reported in: AIR1935Cal605,157Ind.Cas.1103
S.K. Ghose, J.1. This is a reference by the Sessions Judge of Nadia recommending that the commitment of Ajahar Mondal and others may be quashed under Section 215, Criminal P.C. It appears that after an inquiry in the Court of the Sub-Divisional Magistrate the accused were committed to the Court of Session on charges under Sections 304 and 323, I.P.C. Before the committing Magistrate the prosecution witnesses were not cross-examined, nor were any defence witnesses examined. The accused were also not examined under Section 342, Criminal P.C. The Judge says that this omission to examine the accused is illegal, and accordingly he recommenced that the commitment should be quashed. There is no doubt that it is very desirable that there should be an examination of the accused in the Court of the committing Magistrate. But the point now debated is that there must be an examination of the accused under the mandatory provisions of 8. 342, Criminal Procedure Code, before the accused is committed ...
Ganga Prasad Sinha Vs. Brindaban Chandra Das
Court: Kolkata
Decided on: Dec-06-1934
Reported in: AIR1935Cal176,159Ind.Cas.421
S.K. Ghose, J.1. The petitioner in this Rule is a Subdivisional Officer of the Public Works Department and he is accused in a complaint filed by a P.W.D. road mohurir. The complaint is to the effect that the accused went to supervise the work which was done by the complainant on a road. On seeing: the accused the complainant was proceeding from one bank to the other by boat. When the boat reached the bank the accused got into the boat and finding that the western bank had collapsed in spite of its having been repaired he became enraged and without seeking any explanation he remarked Can't you maintain the dhip of the western bank' and then he gave to the complainant two blows on the left knee causing injury to the knee. The Magistrate held that the accused was not covered by the provisions of Section 197, Criminal P. C, and directed summons to issue under Section 323, I.P.C. Against that order the present Rule was obtained. It is contended that the petitioner being a public servant is ...
Jogesh Chandra Roy Vs. Niranjan De and ors.
Court: Kolkata
Decided on: Dec-06-1934
Reported in: AIR1935Cal357,159Ind.Cas.383
1. The plaintiff in the suit in which this appeal has arisen wanted to have khas possession of certain lands described in the plaint in total denial of the defendants' right of way and of a right asserted by them to use a portion of the said lands as a cremation ground. The contesting defendants it would appear, asserted user of the lands in question as a pathway and cremation ground for the period of 50 years before suit. The right of way asserted by the defendants in the suit is not in question in this appeal preferred by the plaintiff; the subject-matter of the appeal to this Court is confined to the defendants' right to use a portion of the lands in suit as a cremation ground.2. The Courts below agreed in holding that the plaintiff in the suit was not entitled to get khas possession of the portion of the lands in suit in regard to which the defendants asserted, that it was a cremation ground. The question raised in the Court below on this part of the case, was, whether the, defenda...
Osman Sheikh Vs. Sari Pada Biswas
Court: Kolkata
Decided on: Dec-06-1934
Reported in: AIR1935Cal731,159Ind.Cas.660
S.K. Ghose, J.1. It seems to us that this Reference was entirely misconceived. It appears that against the petitioner, Hari Pada Biswas, the police have submitted a charge sheet alleging an offence under Section 34.8, I.P.C. The learned Judge has recommended that the proceeding should be quashed. But at this stage the only point is whether the submission of the charge sheet is either illegal or irregular. The learned Judge has referred to circumstances which may quite properly be urged at the trial. It appears that the Magistrate at one stage of the case directed an enquiry under Section 159, Criminal P.C. His order dated 25th November 1933 is to the effect that it was not possible to depute a Magistrate and therefore he would like the enquiry to be held by the Deputy Superintendent of Police himself. It also appears that, as a matter of fact the Deputy Superintendent of Police did not hold the enquiry. Whether this was a proper action on the part of the Deputy Superintendent of Police...
Nanda Gopal Sett and ors. Vs. Siraj Mondal and ors.
Court: Kolkata
Decided on: Dec-06-1934
Reported in: 156Ind.Cas.1007
ORDERM.C. Ghose, J.1. This is a petition by the decree-holders auction-purchasers in a case in which the Munsif set aside the auction sale. The facts which are not disputed are that the petitioners who are co-sharer land-holders obtained a rent decree against the opposite party and that in execution of the said decree they purchased the rent lands at auction on August 23, 1932. Thereafter on September 19, 1932 the judgment-debtors deposited Rs. 48 odd under Section 174 of the Bengal Tenancy Act in full satisfaction of the decree and prayed that the sale be set aside. When the petition was put up before the Munsif the learned Munsif pointed out on September 24 that the amount deposited fell short of the total amount due and directed the judgment-debtors to deposit the deficit by November 5. On November 5, the matter was again adjourned to November 23, and then it was again adjourned to December 16, but as the judgment-debtors did not take any steps to pay the deficit the Court rejected ...
Dinesh Chandra Roy Choudhury Vs. Jahan Ali Biswas and ors.
Court: Kolkata
Decided on: Dec-05-1934
Reported in: AIR1935Cal503,157Ind.Cas.862
1. This is an appeal by a Receiver in insolvency, arising out of an application made by him as the legal representative of the judgment-debtors in whose favour an order of adjudication had been passed under the Provincial Insolvency Act, on 19th September 1932. The application made by the Receiver was to have a sale in execution of a decree declared null and void; and there was a prayer in the application that the aforesaid sale held on 22nd September 1932, in execution might not be confirmed. The decree-holders purchasers at the sale held in execution of their decree, opposed the application of the Receiver, on the ground that they were bona fide purchasers in good faith at the sale in execution, who were not aware of the insolvency proceedings; and their title could not be called in question by the Receiver.2. The Courts below have concurrently held, on materials before them, that the decree-holders purchasers were not at all aware of the insolvency proceedings, or of the order of ad...
Harish Chandra and anr. Vs. Sheikh Kadir and ors.
Court: Kolkata
Decided on: Dec-05-1934
Reported in: AIR1935Cal709,158Ind.Cas.702
R.C. Mitter, J.1. This appeal is on behalf of the plaintiff and arises out of a suit for possession on declaration that the plaintiff has a jote right in the lands in suit. The plaintiff's case is that he purchased the lands in suit which comprise the holding of one Wahed Ali at an auction-sale in execution of a decree based on a mortgage. Thereafter, he took delivery of possession through Court and settled the lands with Adhidars, the said Adhidars having surrendered, he took possession in khas but thereafter was dispossessed by the defendants. The defendants' case is that the holding of Wahed Ali was a non-transferable occupancy holding. On the transfer of the entire holding at the mortgage sale from the original tenant Wahed Ali, the Chowdhuris who are admittedly the landlords to the extent of 12 annas 15 gandas share treated the holding as abandoned, granted a settlement to them, and it is on the basis of this settlement that they are rightfully in possession of the land.2. The lea...
The Calcutta Stock Exchange Association Ltd., in Re.
Court: Kolkata
Decided on: Dec-05-1934
Reported in: 163Ind.Cas.337,[1935]3ITR105(Cal)
LORD-WILLIAMS, J. - This is a case stated by the Commissioner of Income Tax at the instance of the Calcutta Stock-Exchange Association Limited under Section 66(2) of the Income Tax Act (XI of 1922).The assessees are a mutual benefit liability company, their main objects being to support and protect the character, status and interest of brokers and dealers in stocks and shares on the stock exchange, to give facilities to its members to carry on business, to make rules and bye-laws to regulate business, to settle disputes amongst themselves and to maintain a stock exchange.The Company owns a four storeyed building at 7, Lyons Range Calcutta, on the ground floor of which there is a large hall used as the meeting place of the Stock Exchange, two tiffin rooms a telephone room and a quotation room. On the mezzanine floor are situated the offices and meeting place of the association, while the first, second and third floors are occupied by members. The rooms on these floors are let our by the...
Anglo-Indian Drug and Chemical Co. Vs. Sugandha Performing (Perfumery? ...
Court: Kolkata
Decided on: Dec-05-1934
Reported in: 164Ind.Cas.138
Cunliffe, J.1. This is an application under Rule 66 of the 2nd Chapter of the Original Side Rules for sanction of a change of attorney. The petitioners are the defendants in an action which is due for hearing shortly. They ask that their original attorney shall be directed to hand over all the papers entrusted to him by them, whilst reserving through the second attorney, the lien on those documents for any outstanding costs, which have already been incurred in the first attorney's favour.2. It is said in the notes to the Original Side Rules that the attitude of the Courts in India towards the protection of attorneys in circumstances such as these is more favour-able to them than the attitude adopted by Judges towards solicitors in England. I am unable to appreciate this contention. It seems to me that the Courts in both countries have acted and must act on exactly the same principles. I think the decisions show this.3. As I understand it, the position is as follows, that when an attorn...
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