Kolkata Court September 1934 Judgments
In Re: the Pioneer Insurance Co., Ltd.
Court: Kolkata
Decided on: Sep-21-1934
Reported in: 164Ind.Cas.897
Cunliffe, J.1. The matters now before me consist in an application for stay and an appeal. By consent they were heard together. Both proceed from an enquiry held by the Registrar of Provident Insurance Societies under the provisions of the Provident insurance Societies Act, 1912. The Registrar conducted this inquiry into the affairs and position of the appellants, the Pioneer Insurance Company. He found that the Company was in an insolvent state and ordered it to be wound up.2. In my opinion the Registrar had ample material before him to make such an order. The alleged irregularities with regard to notice of the inquiry and also with regard to notice of its result (on which the application for stay is based) are, in my view, unfounded. Adequate notices were given to the appellants.3. There are no judicial decisions in relation to the Act in question, but it is quite clear from the text of Sections 17 and 18 that the giving of the notices mentioned in Section 17, Sub-section 7 is mandat...
Tag this Judgment!Emperor Vs. Mominuddi Sardar
Court: Kolkata
Decided on: Sep-19-1934
Reported in: AIR1935Cal591,158Ind.Cas.67
Patterson, J.1. This Reference relates to the case of one Mominuddi, Sardar who has been tried on a charge of having murdered his brother Amiruddi. The jury returned a unanimous verdict of guilty, and the Judge, agreeing with the verdict, convicted the accused under Section 302, I.P. C, and sentenced him to death. The matter has now come to this Court on a reference for confirmation of the death sentence and also by way of appeal. The facts according to the prosecution are briefly as follows: On the afternoon of 2nd April 1934, Aminuddi, the murdered man, went to the house of one Meher Sardar of Kukrail to listen to some singing. He was accompanied by Sahar Ali Sardar and Sahar Ali's brother Belatali Sardar. Accused Mominuddi Sardar joined the party later in the afternoon. While the singing was going on, a quarrel arose between Mominuddi and Aminuddi over a sum of money which was said to be owing by Aminuddi to Mominuddi. As a result of the quarrel Mominuddi left the place in an angry ...
Tag this Judgment!Lea BadIn Vs. Upendra Mohan Roy Choudhury and ors.
Court: Kolkata
Decided on: Sep-17-1934
Reported in: AIR1935Cal35
1. The order from which this appeal has been preferred was made by Cunliffe., J. discharging an interim receiver appointed ex parte on the plaintiff's application pending her suit laid on the basis of an indenture of hypothecation. The order amounts to one rejecting an application to appoint a receiver. A preliminary objection has been taken to the competency of the appeal.2. Under Clause 15, Letters Patent, there in unqualified right of appeal from the judgment of a single Judge on the Original Side. As regards the meaning of the word judgment as used in the clause, Courts in this, country have taken different views. So far as this Court is concerned the leading case on the point is that of Justices of the Peace of Calcutta v. Orient Gas Co. (1872) 17 WR 364, in which. Couch C.J. said,We think 'judgment' in C1.15 means a decision which affects the merits of the question between the parties by determining some right or liability. It may be final, or preliminary or interlocutory, the di...
Tag this Judgment!Srt. Charusilla Dasi Vs. Sukhdev Haluai and ors.
Court: Kolkata
Decided on: Sep-13-1934
Reported in: AIR1935Cal14
Bartley, J.1. The facts material in this appeal are as follows: Plaintiff, here the appellant, obtained a decree for khas possession of certain lands in 1918. Miscellaneous litigations followed, with the result that a final application for execution of the decree against defendant 1 as the son and legal representative of the deceased judgment-debtor was made in 1927. Defendant opposed this application on the ground that by a compromise entered into after the passing of the original decree, the suit lands had been settled with him and others of his family. The matter was heard and the Court decided that the decree was incapable of execution. There was no appeal against that order. In 1929, plaintiff brought the present suit to have the order set aside and to recover khas possession on the basis of her decree. She alleged that the order was founded on false evidence and asked that it should be set aside. The Court of first instance held that the order deciding that the decree was incapab...
Tag this Judgment!Abdul Jabbar Sarkar Vs. Emperor
Court: Kolkata
Decided on: Sep-07-1934
Reported in: AIR1935Cal251,155Ind.Cas.416
ORDERPatterson, J.1. This rule must, in my opinion, be made absolute not on the ground that the petitioner had no knowledge of the order in question, (for I entirely agree with the Courts below that he had such knowledge), but on the ground that the order for the disobedience of which the petitioner has been convicted had not been duly promulgated. Section 144, Criminal P.C., lays down that an order under that section shall be served in the manner provided by Section 134, and Section 134 says that such an order shall, if practicable, be served on the person for whom it is made in a manner provided for service of summons. It is only if the order cannot be served in the manner provided for service of summons that the publication of a proclamation under Sub-section 2, Section 134 may be resorted to. The provisions regarding service of summons are found in Sections 68 to 74, Criminal P.C.S. 69 lays down that a summons shall, if practicable, be served personally. Section 70 lays down that w...
Tag this Judgment!Durga Pada Chatterjee and anr. Vs. Nilmani Ghose
Court: Kolkata
Decided on: Sep-06-1934
Reported in: AIR1935Cal252
ORDERPatterson, J.1. This Rule is directed against an order convicting the petitioners under Section 341, I.P.C., on the allegation that they had prevented the carts of one Kali Pada who had purchased some paddy from the complainant Nilmony from proceeding along the public road their object being to compel the payment to their master, the landlord of the village, of certain so-called dues known as weigh-men's dues. It may be remarked that it is difficult to understand why the complainant Nilmony or his master Atul Pada should have felt themselves aggrieved by the alleged action on the part of the accused, for it appears that not only had Nilmony handed the paddy in question over to Kali Pada, on receiving payment of its price in full, but that he had also realized from Kali Pada the amounts claimed by the landlord's men on account of weighman's dues, although he had no intention of making over those amounts to the landlord's men his master having expressly forbidden him to do so. If an...
Tag this Judgment!Pran Krishna Chakravarty and ors. Vs. Emperor
Court: Kolkata
Decided on: Sep-06-1934
Reported in: AIR1935Cal580,158Ind.Cas.1
Mukherji, J.1. There are before us four criminal appeals and a reference under Section 3(2), Bengal Criminal Law Amendment (Supplementary) Act, 1925 read with Section 374, Criminal P.C., which have arisen out of a trial held by a Tribunal consisting of three Commissioners with Mr. E.S. Simpson, I.C.S., as President. The Tribunal was constituted for the trial of thirteen persons who were accused of offences falling within the First Schedule to the Bengal Criminal Law Amendment Act, 1925. Of these accused persons we are concerned with only ten, and their numbers and names as also their convictions and sentences will appear from the following list: [on the next page.]2. It will be noticed that in the numbering of the accused persons given above, Nos. 5, 8 and 10 have been omitted. These three numbers were those of Asoke Ranjan Ghose, Sasadhar Sarkar and Lalu Panda respectively, who after the charges were framed, pleaded guilty to the two charges, one under Sections 395/396, I.P. C, and th...
Tag this Judgment!Durga Pada Chattertee and anr. Vs. Nilmani Ghose
Court: Kolkata
Decided on: Sep-06-1934
Reported in: 155Ind.Cas.444
Patterson, J.1. This Rule is directed against an order convicting the petitioners under Section 341, Indian Penal Code, on the allegation that they had prevented the carts of one Kali Pada who had purchased some paddy from the complainant Nilmony from proceeding along the public road, their object being to compel the payment to their master, the landlord of the village, of certain so-called dues known as weighman's dues. It may be remarked that it is difficult to understand why the complainant Nilmony or his master Atul Pada should have felt themselves aggrieved by the alleged action on the part of the accused, for it appears that not only had Nilmony handed the paddy in question over to Kali Pada, on receiving payment of its price in full, but that he had also realized from Kali Pada the amounts claimed by the landlord's men on account of weighman's dues, although he had no intention of making over those amounts to the landlord's men, his master having expressly forbidden him to do so...
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