Kolkata Court December 1934 Judgments
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Hemlata Debi, Widow of Late Ram Gopal Bakshi and ors. Vs. Bhawani Char ...
Court: Kolkata
Decided on: Dec-05-1934
Reported in: 164Ind.Cas.921
D.N. Mitter, J.1. This is an appeal on behalf of the plaintiffs from decision of the Subordinate Judge of Rangpur, dated May 29, 1929. The plaintiffs had instituted a suit asking for among other reliefs a decree for arrears of maintenance for 11 years and 9 months from Baishakh 1322 to Poms 1333 B.S. The claim laid is for a sum of Rs. 6,627 with interest Rs. 2,368. That claim is against defendants Nos. 1 and 2 who are said to be the heirs of Krishna Gobinda. The relationship between the parties to the suit is shown in a genealogical tree which is to be found printed at page 152 of Part I of the paper-book. It would appear from the said genealogical tree that one Gobinda Nath Bakshi died leaving behind him two sons Kristo Gobinda and Ram Gopal. Hemlata who has survived Ram Gopal is the widow of Ram Gopal and Radha Priya is the daughter of Ram Gopal. It would appear that by an ekrarnama, which is to be found printed at page 18 of. the second part of the paper-book, executed by Kristo Gob...
Emperor Vs. K.C.B., a Pleader
Court: Kolkata
Decided on: Dec-04-1934
Reported in: AIR1935Cal547,157Ind.Cas.998
ORDER1. This is a Reference under Section 14(b), Legal Practitioners Act, made to this Court, by the learned District Judge of Burdwan, recommending the suspension of a Pleader practising at Katwa, for one year, on the ground that the pleader was guilty of grossly improper conduct in the exercise of his professional duties. It appears that the pleader was charged by the Sub-divisional Magistrate, Katwa, for having falsely told one Bazrang Lal Marwari that the Sub-divisional Officer, Katwa, had ordered that 'the goods be sent to the person they belonged to,' in respect of twenty-three tins of ghee which the Katwa Municipality had impounded as being adulterated, and which had been kept in the custody of the said Bazrang Lal Marwari by the Municipality, and Bazrang Lal Marwari had sent the ghee back to the person to whom it belonged, by relying on the said false statement of the pleader. An inquiry into the charge was made by a Magistrate in which inquiry evidence was taken. On the materi...
Jogendra Chandra Das and ors. Vs. Debendra Nath Ghosh and ors.
Court: Kolkata
Decided on: Dec-04-1934
Reported in: 164Ind.Cas.640
R.C. Mitter, J.1. The plaintiff is the' appellant. He brought this suit for khas- possession. Tie material facts alleged and proved are the following;--Surendra Nath Roy Choudhury and others have a howla which covers the land in suit. One Abdul held a karsha under them. On the death of Abdul his heirs, defendant No. 1 and four daughters inherited his jote. In 1921 an, usufructuray mortgage in respect of the entire jute was executed in favour of defendant No. 3 who is the only contesting defendant. The plaintiff alleged that defendants Nos. 5 and 6 are khas possession as burgadars, but the Court has found that defendant No. 5 is the burgadar of defendant No. 3 and is alone in possession. Surendra Nath Roy Choudhury and his co-sharers brought a suit for recovery of rent against the heirs of Abdul and on November 6, 1922, they purchased the holding in execution of their decree for rent. They took symbolical possession on January 20, 1923, and on January 16, 1924, settled the land in suit ...
Emperor Vs. Bhawani Prosad Bhattacharjee and ors.
Court: Kolkata
Decided on: Dec-03-1934
Reported in: AIR1935Cal561,157Ind.Cas.1070
Derbyshire, C.J.1. In this case which has been known as the Lebong outrage my brother Judges and myself are of one mind and they have asked me to deliver the judgment of the Court. On May 8th of this year Sir John Anderson-the Governor of this province, visited the races at the Lebong race course at Darjeeling and at about half past three in the afternoon, after the races had finished and the horses were coming in, a man stepped up in front of His Excellency's box with a pistol in his hand, steadied his arm and shot from a distance of about 10 feet at Sir John Anderson. Almost at the same time,-perhaps a second or two later-another man standing somewhat to the side of His Excellency's box also raised a pistol and also fired a shot at Sir John Anderson from a distance of about six feet. It was a miracle that Sir John Anderson was not killed; one can only say it was an act of Providence. Unfortunately a by-stander, one Miss Beulah Thornton, was injured in the ankle from a bullet which ha...
Sultan Ahmad Vs. Emperor
Court: Kolkata
Decided on: Dec-03-1934
Reported in: AIR1935Cal545,157Ind.Cas.1059
S.K. Ghose, J.1. The petitioner in this rule is one Sultan Ahmed who was an approver at the trial of a case under Section 395, I.P.C., in the Court of the Sessions Judge at Chittagong. The case ended in conviction and the co-accused of the petitioner were sentenced to various terms of imprisonment. On 18th July 1934 the Public Prosecutor prayed that the approver might be released immediately. Thereupon the learned Sessions Judge recorded the following order on 17th August 1934:Read the petition of the Public Prosecutor praying that the approver may be released immediately. This cannot be allowed until the period fixed by the law of Limitation expires or until appeals (if any) to the Honourable Court are heard and determined, since the Honourable Court has e,very authority and power to order a re-trial of the case if that is found to be necessary, and in that event the approver's evidence would again be taken.2. Against that order the petitioner has moved this Court. It is contended on ...
Amulya Charan Das Vs. Baijuntha Nath Datta and ors.
Court: Kolkata
Decided on: Dec-03-1934
Reported in: 163Ind.Cas.376
R.C. Mitter, J.1. This appeal is on behalf of the plaintiff and arises out of a suit for recovery of possession. The plaintiff came to Court on the allegation that the lands in suit form the jote of one Prosonna Kumar Biswas, on whose death in 1324 they devolved upon his widow, Kadambini, and on the death of the latter in 1329 they devolved upon Prosonna's sister's, son, Atul, as his reversioner. The plaintiff is the son of Atul who died sometime in 1333. The plaintiff's case, therefore, is that he has jute right in the lands in suit and that he was forcibly and illegally dispossessed by defendants Nos. 1 and 2, his landlords. On these allegations he instituted the suit. In the plaint, however, he made a prayer for declaration of his jote right in the land in suit. Defendant No. 1 filed a written statement in which he did not deny the jote of Prosonna; in fact he admitted that the lands in suit appertained to the holding which Prosanna held under him. He did not state that Kadambini wa...
Bhupendra Krishna Ghose Vs. Abdur Rahaman and ors.
Court: Kolkata
Decided on: Dec-03-1934
Reported in: AIR1935Cal710
M.C. Ghose, J.1. These are two petitions by the landlord in two cases under Section 26-J, Ben. Ten. Act, The two opposite parties in these cases, owned each half of the Revenue Survey plot 6897 and each of them sold his half portion namely, fourth of an acre. In the documents of transfer it was stated that these were tenures and that as such no transfer fee was to be paid under Section 28-D. The landlord made an objection and stated that the lands transferred were raiyati holdings. Both parties adduced evidence. The landlord, the petitioner, produced the latest Record of Rights of 1931 showing that this plot of land was held as raiyati land by the opposite party under the petitioner. The opposite party produced a record of 1898 and certain unregistered pottas of earlier dates to show that these were tenures. If the matter had been decided according to evidence by the Court below, there would have been nothing to challenge in this Court. But it appears that the Court below misdirected i...
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