Kolkata Court April 1935 Judgments
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Hiranmoy Bhowmik. Vs. Emperor
Court: Kolkata
Decided on: Apr-03-1935
Reported in: AIR1936Cal16,160Ind.Cas.743
Lort-Williams, J.1. This is a reference under Section 438, Criminal P. C. The learned Advocate-General on behalf of the Crown does not oppose it. The accused in this case was charged and convicted of an offence under Section 6, Bengal Criminal Law Amendment Act, 1930; that is to say, he was a person in respect of whom an order had been made under Sub-section (1), Section 2 who had wilfully disobeyed the order. He pleaded guilty to this offence and appealed to the Sessions Judge on the question of sentence only. The Judge came to the conclusion that the conviction could not be supported; but in view of the accused's plea of guilty, he has made this reference. Now, Section 2 of the Act provides that the local Government may make certain orders as to notification of residence and such other matters with regard to a person about whom there are reasonable grounds for the local Government to believe that he has acted in contravention of the provisions of the Arms Act or has offended in certa...
Prasanna Deb Raikat. Vs. Darjeeling Himalayan by. Co. Ltd. and anr.
Court: Kolkata
Decided on: Apr-03-1935
Reported in: AIR1936Cal37,160Ind.Cas.904
S.K. Ghose, J.1. This appeal arises out of a suit brought by the plaintiff against the Darjeeling Himalayan Railway Company as the defendant 1 on the following allegations. The plaintiff is the owner of certain house properties in Darjeeling situated above the cart road and comprising what is called the Wilk's Hall Estate which includes Margaret Villa. The latter property stands on grounds at a distance of 453 feet above the railway lines which are on the cart road. Previous to the 8th August 1927, in spite of repeated protests and verbal notice, the defendant Railway Company wrongfully, negligently and in utter disregard of the natural safety and the acquired right of support in respect of the aforesaid Margaret Villa and its adjoining grounds, regularly and persistently carried on deep cutting on the steep hillside for days together, till the boulders above were disturbed and lost their support and an artifical land--slip was caused on the aforesaid date with considerable damage, act...
Osman and anr. Vs. Emperor
Court: Kolkata
Decided on: Apr-03-1935
Reported in: AIR1936Cal124
ORDERNasim Ali, J.1. It appears from the records of the two cases that the right, title and interest of the petitioner Osman in revision case 157 and that of the petitioner Badsha in the other revision case in the disputed plots were extinguished by the auction sales at which Khanda Sundari Debi purchased them. The trying Magistrate has found that the complainant in the two cases grew the crops which were removed by the accused petitioner. The learned Sessions Judge has not reversed the findings of the trying Magistrate. Even if it be assumed that the accused grew the crops, they, being trespassers, had no right to remove them after the real owner got actual possession of the lands through the civil Court in pursuance of the orders of the civil Court under Clause 6 (iii), Section 26-F, Ben. Ten. Act read with Order 21, Rule 35, Civil P. C. The writs of possession issued by the civil Court clearly show that possession of the whole of the disputed lands was delivered to Debendra Chandra ...
Ahmadpur Katwa Railway Co., Ltd., in Re.
Court: Kolkata
Decided on: Apr-02-1935
Reported in: [1935]3ITR277(Cal)
DERBYSHIRE, C.J. :- This matter comes to us by way of reference from the Commissioner of Income Tax, Bengal, under Section 66(2) of the Indian Income Tax Act (XI of 1922) and it is in the matter of the Ahmadpur Katwa Railway Co. Ltd., and the Katakhal Lalabazar Railway Co., Ltd. An assessment was made upon these companies for income tax for the year 1933-34 and Messrs.McLeod & Co., who are the Managing Agents of five Light Railways, the Ahmadpur Katwa Railway Co., Ltd., the Katakhal Lalabazar Railway Co., Ltd., the Bankura Damodar River Railway Co., Ltd., the Kalighat Falta Railway Co., Ltd., and the Burdwan-Katwa Railway Co., Ltd., have asked for a case to be stated under the abovementioned section. The appeals in all the five cases were heard together and one joint order was passed. By common consent of the parties two railways were taken as typical of the five :- The Ahmadpur Katwa Railway Co., Ltd., and the Katakhal Lalabazar Co., Ltd.In the reference it is set out that these two r...
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